THIS LEASE OR RENTAL IS MADE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AS SET FORTH BELOW AND ON THE FOLLOWING PAGES.
1. A fully signed and initialed agreement is required, along with an acceptable deposit and if requested, full pay of rental.
2. Business hours are 10a.m. to 5p.m. All rental items must be returned within these hours to obtain a deposit refund. The term of this agreement shall be from the starting time shown above until the items and equipment are returned to the Lessor. The Lessee agrees to make redelivery of the item as stipulated, and further agrees to the hourly charge for the time limit that delivery is delayed.
3. Lessee, as named hereon, represents that:
a. Lessee is 21 years of age or over
b. Lessee is free from any physical infirmity, chronic illness, or mental disorder which could affect Lessee’s safe operation of the item and equipment
c. Lessee is knowledgeable about power boating so as to provide safe operation of the boat and equipment
d. No person under the age of 21 is allowed to operate the vessel
4. Lessee agrees that he and all persons on board will abide by all Rules and Regulations of the US Coast Guard and the statues of the State of Illinois. Lessee agrees that he will operate the item and equipment leased in a safe and prudent manner and will conform strictly to the above states, rules and regulations.
5. During the term of this agreement, Lessee shall be solely responsible for the safe and careful operation of the leased items. Lessee acknowledges that he has examined the rental equipment prior to taking possession, and finds it to be in good condition. Lessee shall be liable for and will pay for any and all loss or damage to leased items and or equipment during the term of this lease resulting from any cause whatsoever, as well as any consequential and incidental damages arising during or after the term of the lease. Such damage shall include, but are not limited to: damage in whole or in part to motor, propeller, hull, deck, windshield, lights, antenna, and other fixtures; theft, destruction in whole or in part; towing charges, repair labor costs; and the loss resulting from the inability of the Lessor to lease the items to others during the time when repairs or replacement of the damaged items and/or equipment is being accomplished. Damages will be deducted from the deposit, but the deposit will not operate as a limit upon the amount of damages.
6. Lessee assumes all risks and liability for injuries or deaths of persons and damages to property, whether or not insured, however arising from an incident to the use, operation or possession of the item, whether such injury or death to persons be to persons in the leased items or in boat or place. Lessee shall indemnify Lessor-against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liability, including attorney’s fees resulting from or arising out of the use, operation, or possession of the items or equipment, whether or not same is due in whole or in part to the negligence, strict liability or other fault of Lessor, its agents or employees. The indemnities and assumptions of liabilities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other termination of this lease, and shall be effective regardless of any insurance coverage by Lessor. Lessee further grants to Lessor the right to recover reasonable attorney fees and costs incurred in the enforcement of this indemnity provision.
7. Lessee hereby releases, waives and discharges Lessor, its owners, employees, and agents from all liability to the Lessee, his spouse, legal representatives, and heirs, and assigns, for any and all loss or damages, and any claim or damages resulting therefrom, on account of injury or death to Lessee and his guests, or damage to or loss of their property, whether caused by Lessor’s negligence or otherwise, while Lessee participates in ski rides, ski lessons, sailing, sailing lessons, and other activities or services provided by Lessor.
8. In the event of any collision, accident or casualty involving this boat or equipment, Lessee agrees to furnish the Lessor with a complete report of the same immediately, in writing, including the names and addresses of all witnesses and parties involved.
9. Lessor makes no representation or warranty of any kind, nature or description, written or oral, expressed or implied, with respect to the boat and equipment including, without limitation, the condition of the boat and equipment, its merchantability or its fitness for any particular purpose, as to Lessor, therefore, Lessee expressly agrees that he leases the equipment “as is”.
10. Damage assessments will be the exclusive right of Mack’s Lake of Egypt Marina or its agents. In the event Lessor and Lessee are unable to settle on the amount of damages caused by the Lessee during the term of this lease, Lessee agrees that the venue for settlement of any and all claims made by the Lessor shall be Williamson County, Illinois, United States of America. Lessee shall be responsible for the legal fees incurred by Lessor in the pursuit of these damages.
MUST BE 21 YEARS OF AGE TO RENT PONTOON BOAT
MAX CAPACITY 8 PERSONS (Adults and Children TOTAL)
8 USCG LIFE VESTS WILL BE PROVIDED
NO GRILLING ON BOAT ALLOWED
Payment is due when calling to reserve
Security deposit is due on day of rental
Security deposit will be returned if – Boat is brought back in the same condition it left in
All gas tanks should be full when returned to marina – or fuel charges will apply
No cancellations once date is reserved – Rain checks will be moved to a different date, one time