In consideration of the agreement herein, Bear Lake Reserve (herein after referred to as the LESSOR) agrees to lease to the undersigned (herein after referred to as the LESSEE) the craft and equipment described herein. THE LESSEE CERTIFIES THAT HE/SHE HAS EXAMINED THE CRAFT AND EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED ON THE CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS.
- The LESSEE acknowledges he/she has carefully examined the craft and finds it suitable for the purpose for which it is leased, and that or other accessory equipment is in suitable and acceptable condition: that he/she will maintain both craft and equipment in a safe, dependable condition while in he/she has custody.
- LESSEE agrees to report any accident, malfunction or breakdown of rental craft to LESSOR immediately in accordance with the malfunction/breakdown clause as follows.
- This certifies that I (We), the LESSEE (S) am/are experienced and capable in all aspects of the handling and operation of the craft such as the one rented above. LESSEE agrees said craft will not be occupied by a greater number of persons that is shown in this rental agreement. I, the LESSEE (S) will not remove any equipment from Bear Creek Lake. NIGHT OPERATION OF RENTAL BOATS AND EQUIPMENT IS FORBIDDEN, NO EXCEPTION, and LESSEE IS LIABLE.
- I authorize and allow LESSOR to charge my credit card for any damages or loss of equipment.
- The Security Deposit shall be retained by the LESSOR as partial compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of craft by LESSEE.
- LESSEE agrees not to use, nor permit the use:
- of the rental craft for any unlawful purpose;
- of the rental craft in a careless or negligent manner;
- of the rental craft while under the influence of liquor or narcotics; or any other drugs
- by any other person not the signatory of the agreement, or not equally qualified;
- of the rental craft after dark.
- LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY LESSEE that the LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE FUTHER AGREES to indemnify and hold harmless the LESSOR and its agents, affiliates and personnel from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any LESSEE’S personal property while carried in, or on, the rental craft, including loss or damage by fire, water, theft or any other causes whatsoever.
- LESSEE expressly agrees to indemnify and hold LESSOR and their respective agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forgoing rental contract by LESSOR, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by LESSOR, to recover possession of said rental property and/or to enforce any terms, conditions and/or provisions hereof. It is understood and agreed that Venue and any action hereunder shall be in the county of LESSOR.
- In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft the LESSEE will immediately report it to LESSOR. Continued use of it shall entirely at the LESSEE’S risk and thus LESSEE assumes all liability of injury and damage to all persons and property that may become involved by its continued use.
- LESSEE agrees to use EXTREME caution while operating watercraft in conjunction with tow behind equipment. In the case that a rope is tangled in a jet drive system (jet ski, jet boat) or propeller and the rental period is cut short, the LESSEE agrees to pay for the full period of the rental. In addition, the LESSEE will be charged for the full amount associated with repairing the watercraft. (parts, labor, etc.)
- LESSOR’S ability to provide a rental craft if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR’S control.
- LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated based on time used.