Watercraft Rental Agreement

This lease agreement is between the undersigned Lessee(s) and Gun Lake Rent A Pontoon, LLC

The purpose of this agreement is to provide for the lease of a Gun Lake Rent A Pontoon, LLC watercraft and equipment to be used for the use and enjoyment of Gun Lake.

AGREEMENT

In consideration of the Gun Lake Rent A Pontoon, LLC, Watercraft Rental Agreement (Rental Agreement), Gun Lake Rent A Pontoon, LLC does lease to the undersigned Lessee(s) the watercraft and equipment described in this agreement.

Therefore, the Lessee(s) agree as follows:

1. Lease. Gun Lake Rent A Pontoon, LLC, leases to Lessee(s), and Lessee(s) leases from Gun Lake Rent A Pontoon, LLC, a watercraft and the watercraft’s accessories and equipment owned by Gun Lake Rent A Pontoon, LLC. Lessee(s) agree to pay the rental fee assigned in this Rental Agreement.
2. Rental. Lessee(s) agree to maintain both the watercraft and its accessories and equipment and safely operate the watercraft in accordance with all safety rules and regulations provided to the Lessee(s). Lessee(s) agrees and understands that he/she is responsible and fully liable for any guests or passengers he/she invites onboard the watercraft. Lessee(s) agree to return the watercraft back to the dock before listed close. Gun Lake Rent A Pontoon, LLC will provide further operational instructions to the Lessee(s) during the Boarding Checklist process prior to departure.
3. Security Deposit. Lessee(s) does not pay a security deposit, the credit card processing company will securely hold the credit card information until the return of the lease & inspected by Gun Lake Rent A Pontoon, LLC. Except as otherwise stated herein, the credit card on file shall be retained by the credit card processing company in behalf of Gun Lake Rent A Pontoon, LLC as partial compensation for failing to return the water craft in as good condition as it originally left the dock; for any damages that result from fuel obtained anywhere besides the harbor gas dock; late returns; for reimbursement of articles damaged, missing or broken equipment; or to be applied to the rental charges upon return of the craft by Lessee(s). Retaining the Lessee(s) credit card on file does not prevent Gun Lake Rent A Pontoon, LLC ‘s ability to seek future damage claims.
4. Responsibility for Care, Use, and Maintenance of the Watercraft and its Accessories and Equipment.
   1. Except as otherwise stated herein, Lessee(s) shall maintain the watercraft and its accessories and equipment in good working condition. The Lessee(s) is solely responsible for any damage to the watercraft and/or damaged or missing accessories and equipment based on the Lessee(s) negligent acts. The Lessee(s) will be responsible for any repairs or replacement necessary to fix or replacement to the watercraft and accessories and equipment based on the Lessee(s) negligent acts.
   2. Lessee(s) agrees that the watercraft will be operated by only Lessee(s) who are over the age of 25.
   3. Lessee(s) agree and understand that it is his/her responsibility for the safe and proper operation of the watercraft and is fully advised that:
      • the watercraft cannot be used for any unlawful purpose;
      • the watercraft cannot be used in a careless or negligent manner;
      • there will be no use of firearms or weapons of any kind, including projectable firing devices such as air soft,
        archery, or paintball, or fireworks onboard the watercraft;
      • life jackets must be worn at all times for anyone aged 13 and under;
      • there are no pets allowed unless approved by Gun Lake Rent A Pontoon, LLC and cleaning fee is paid;
      • barbeque grills, heated cookware or anything with a flame use is prohibited on the watercraft;
      • the watercraft cannot be operated by a person who is under the influence of liquor and/or narcotics;
      • only the Lessee(s) shall operate and/or drive the watercraft;
      • the watercraft will not be occupied with a greater number of occupants than is permitted for this craft. Do not exceed the maximum capacity or weight as describe on the capacity plate.
   4. Lessee(s) agree to maintain the use of the watercraft and stay on Gun Lake.
   5. Lessee(s) agrees not to change, alter, or remove the accessories and equipment from the watercraft without first obtaining the written consent of Gun Lake Rent A Pontoon, LLC.
   6. Lessee(s) agrees that in the event of severe weather, a malfunction, breakdown of the watercraft, accident, or if any defect is discovered after acceptance of the Rental Agreement that Lessee(s) will immediately notify Gun Lake Rent A Pontoon, LLC. Continued use of the watercraft and its accessories and equipment shall be entirely at the Lessee(s)’ risk, and therefore the Lessee(s) assume all liabilities of injury and damage to all persons and property that may become involved by its continued use.
   7. Lessee(s) agrees that in the event of any loss, theft, damage, or destruction of all or any part of the watercraft, accessories or equipment, Lessee(s) shall notify Gun Lake Rent A Pontoon, LLC immediately. Failure to notify Gun Lake Rent A Pontoon, LLC immediately shall be entirely at the Lessee(s)’ risk, and therefore the Lessee(s) assume all liabilities of injury and damage to all persons and property regardless of the cause and/or nature of the damage.
   8. Lessee(s) agree and understand that Gun Lake Rent A Pontoon, LLC shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the watercraft and/or accessories and equipment. Lessee(s) agrees to indemnify and hold harmless Gun Lake Rent A Pontoon, LLC, from and against any and all claims for loss of or damage to property or injury of persons (including death) resulting through the use, operation or possession of the watercraft.
5. Personal Property. Gun Lake Rent A Pontoon, LLC is not responsible for any lost, damaged, or stolen personal property of the Lessee(s) and/or their guests. Lessee(s) agree to hold Gun Lake Rent A Pontoon, LLC harmless should loss or damages occur to any of the Lessee(s)’ or guests’ personal property while carried in, or on, the watercraft, including loss or damage caused by fire, water, theft or any other cause whatsoever.
6. Return of the Watercraft. Lessee(s) agree to return the watercraft back to the dock before listed close time. Lessee(s) understand that a surcharge will be added to their rental fee and/or deducted from their credit card if the watercraft is not returned to the dock before listed watercraft rental end time.  Note: Early returns will not result in a refund.
7. Indemnification. Lessee(s) agrees to indemnify, defend, and hold harmless Gun Lake Rent A Pontoon, LLC for any loss, damage, or legal actions against Gun Lake Rent A Pontoon, LLC as a result of Lessee(s) operation or use of the watercraft during the term of this Rental Agreement. This includes any attorney fees necessarily incurred for these purposes. Lessee(s) also agrees and understands he/she will be responsible and fully liable to pay for any tickets, moving violations, law enforcement involvement, or other citations received while in possession of the watercraft.
8. Assignment; Subletting. Lessee(s) agrees not to assign, sublease, or transfer the leasehold interest in the watercraft, accessories and equipment granted under this Rental Agreement.
9. Severability. If any provisions of this Rental Agreement are determined to be illegal or unenforceable, then the remaining provisions shall nevertheless be binding with the same force and effect as if the illegal or unenforceable parts were deleted.
10. Headings. The headings contained in this Rental Agreement are for convenience only and are not to define, explain, modify, or aid in interpreting the contents of this agreement.
11. Binding Effect. This Rental Agreement shall be binding upon and shall inure to the benefit of Gun Lake Rent A Pontoon, LLC and Lessee(s) and their respective guests, heirs, administrators, and successors.
12. Governing Law. This Rental Agreement shall be subject to and governed by the laws of the state of Michigan, and the parties’ consent to jurisdiction of the Michigan courts over this agreement and over the parties in any proceeding to enforce this agreement.
13. Representations and Warranties. Lessee(s) represents and warrants that Lessee(s) is legally entitled to operate a watercraft under the laws of this jurisdiction and will not operate it in violation of any laws, or in any negligent or illegal manner.
14. Lessee(s) has been given an opportunity to review the Release, Waiver and Indemnity Agreement and examine the watercraft, accessories and equipment in advance of taking possession of it, and upon such inspection, is not aware of any damage existing on the watercraft other than that notated by a separate existing damage document.

______ The Lessee(s) certifies that by initialing, he/she has read and understands the said terms and conditions outlined in the Rental Agreement and Boarding Checklist and further assumes the responsibility to see that his/her family, and or guest(s) will obey the rules. The Lessee(s) are entering into this agreement freely and voluntarily with full knowledge of all the facts and circumstances; and fully understanding the legal consequences.

The Lessee(s) certify that he/she has watched and understands the content of the safety videos provided on the Gun Lake Rent A Pontoon, LLC website and will abide by the safety instructions given in the videos.

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Sign:____________________________

Date:___________________________