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***** A FIVE STAR CABIN ***** SYCAMORE VALLEY CABIN Po box 5913 Bloomington, In 47407 Boat Rental Contract
Between Derk Brewer( dba Sycamore Valley Cabin) LESSOR
And LESSEE
NAME:_______________________________________________________DATE:_________________ ADDRESS:_________________________________________ E-MAIL_________________________ CITY,STATE,ZIP:__________________________________________________ HOME PHONE:_________________CELL PHONE:___________________WORK PHONE:_____________
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ITEM # (1)
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ITEM # (2)
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ITEM# (3)
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ITEM# (4)
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TOTAL FEES
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LEAVE TIME:
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RETURN TIME:
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MAXIMUM # PERSONS
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CRAFT TYPES:
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DAMAGE DEPOSIT/DEDUCTIBLE
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FUEL CHARGES:
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ADDITIONAL CHARGES (LATE FEES, SEARCH FEES, LOST OR DAMAGED ITEMS):
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SALES TAX:
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GRAND TOTAL:
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LESS REFUNDS:
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DAMAGE DEPOSIT/DEDUCTIBLE:
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OTHER (PLEASE EXPLAIN)
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REFUND DUE LESSEE:
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AMOUNT DUE LESSOR:
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Lessee notes on all visible boat defects, prior to leaving the ramp- Please Initial____________ In consideration of the following representations, covenants and agreements, Derk Brewer, Owner, hereby rents to the Renter the boat described above: 1. Navigational Limitations: The Renter agrees to limit the operation of the boat to the non-restricted areas of Lake Monroe. 2. Renter declares that he/she is experienced and qualified properly to handle the boat rented herein, that they will be the only operator of the boat, and that they are at least 25 years of age. 3. The Renter covenants and agrees that the boat will be operated in a safe and careful manner and with due diligence and shall be returned with equipment and boat in same condition as when taken, ordinary wear and tear excepted. 4. During the term of this agreement the Renter shall be in full control of the rented boat and it is expressly understood that the Renter is not the agent, servant or employee of the Owner, in any way whatsoever, and that the Owner is not responsible for injuries sustained by Renter, his guests and employees. 5. The boat shall be used exclusively as a pleasure vessel for the safe and proper use of the Renter, his family, guests and employees during the term of this agreement and shall not be used to transport merchandise, nor passengers for hire or for pay. 6. Owner herein assumes no responsibility for weather conditions which may arise or occur during the term of this agreement, and all rates and agreements will continue in full force and effect until the return of the boat to Owner. 7. The Renter further agrees to notify the Owner immediately of any accident involving the boat. 8. This contract constitutes the entire agreement by and between the parties hereto and no oral or implied agreement or understanding shall cancel or vary the terms of this contract unless reduced to writing and signed by the parties hereto. 9. Both parties acknowledge that they have read the foregoing provisions all of which they are in complete understanding and agreement. 10. Alcoholic beverages are prohibited on all vessels. 11. Boat shall be returned by time agreed or an hourly charge of $50.00 for each additional hour or fraction thereof will be due. 12. There will be an additional $100.00 charge if it is necessary for Owner to tow boat back to the ramp after the agreed return time, when this delay is caused by poor judgment of the renter. 13. To dock, anchor, or secure the boat and equipment as appropriate to prevent damage to the boat, motor and equipment and/or dock, other boats or property as a result of existing or changing weather conditions. 14. It is understood that a renter's automobile insurance in the United States will not cover the boat rental and the value of the boats range from $15,000-$30,000 depending on the size of the boat and motor. 15.Boats returned late are subject to additional charge. 16.The renter will not leave the boat unattended at any time during their rental period.
NOTICE OF RISK: I hereby acknowledge custody of the equipment described above, in good condition, equipped as indicated in activity checklist, and I agree to return said equipment to STIPP ROAD RAMP on or before the time indicated on the checklist, in the same condition and with the same equipment as listed therein. In case of theft or loss, I am responsible for the replacement value of the equipment. In case of abuse or damage, I will be charged for the repair or replacement of the equipment. Please Initial__________________ ASSUMPTION OF RISK: I understand and am aware that boating, skiing, riding water toys are HAZARDOUS activities. I understand that the sport of boating, skiing, riding water toys and the use of the equipment involve a risk in injury to any and all parts of the user’s body and possible DEATH. I hereby agree to freely and expressly assume and accept any and all risks in the use of the equipment rented. Please Initial____________ LIABILITY AGREEMENT: I hereby release from any legal liability, Derk Brewer (dba Sycamore Valley Cabin) and its owners, agents, and employees from any and all liability for damage and injury or death to myself and or any person or property resulting from the selection, maintenance or use of this equipment, and for any claim based upon negligence, breach of warranty, contract, claim, or other legal theory, accepting myself, the full responsibility for any and all such damages or injury which may result. It is understood and agreed that the Rental Fee is a earned fee for the use of the equipment. Derk Brewer (dba Sycamore Valley Cabin) reserves the right to (a) authorize the use of the equipment and (b) revoke the use of the equipment. Decisions on the part of Derk Brewer (dba Sycamore Valley Cabin) with regard to the use of the equipment by RENTER are made for safety reasons, including, but not limited to, the following: q Unsafe operation of the equipment q Lack of sobriety of the RENTER q Unsafe weather conditions Please Initial____________
Security Deposit for Equipment Rental I understand that the Security Deposit is a deposit against all costs of replacement, repairs or cleaning that may be required as a result of physical damage to the equipment during the rental period or against any liability that I may incur to Derk Brewer (dba Sycamore Valley Cabin) pursuant to this agreement. Further, I am responsible for all damages and/or losses to the equipment or any of its contents during that period. The security deposit must be paid in full before the equipment is removed from the Marina premises. The security deposit will be held until the equipment is returned at the end of the rental period, cleaned, checked mechanically and otherwise processed. All rental expenses will be deducted from the deposit and the balance returned in the same manner in which it was paid.The renter is liable for all loss or damage to the equipment, which can be well in excess of the security deposit held, up to and including the replacement cost of the equipment. If the damage is to the propeller, the total deposit will be forfeited by the customer. Please Initial____________
Agreement
The RENTER agrees not to permit the use of or to use the boat for transportation of persons or property for hire and not to allow more than _________ persons upon the boat at any one time. Please Initial___________________ I acknowledge and agree that the equipment will be operated by me, prior to taking custody of it: that I have inspected said equipment and leases same without any representations by Derk Brewer (dba Sycamore Valley Cabin); that I warrant that I am a qualified operator of said equipment; that I will not allow any other persons except a member of my party to operate the boat; that I will be responsible for all such operation; that the boat and motor are in good mechanical and physical condition; that I will not operate the boat, or permit anyone to operate the equipment, while under the influence of alcohol or drugs; that said equipment will be returned to Derk Brewer (dba Sycamore Valley Cabin) in the same condition as received including a FULL TANK OF GASOLINE, which I am responsible to purchase at the end of the trip.It is expressly agreed that Derk Brewer (dba Sycamore Valley Cabin)shall not be liable for loss of or damage to any property left or stored by RENTER or any other person in or upon said equipment after return thereof to Derk Brewer (dba Sycamore Valley Cabin). I agree to hold Derk Brewer (dba Sycamore Valley Cabin)harmless from and against any such claims. Renter has read this contract and agrees to the terms hereof . PLEASE PRINT NAME:__________________________________ SIGNATURE:_____________________________
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