PLAYNORTH WATERSPORTS TERMS AND CONDITIONS
I. CRAFT SUBJECT TO RENTAL: The Lessor agrees to rent to the Lessee the following craft subject to the provisions of this
agreement: MC# (‘’Craft’’) for “Rental Period” (8 hours).
II. CONSIDERATION in being permitted to rent, use, operate and/or ride equipment provided by PLAY NORTH WATERSPORTS, LLC
(“Lessor”), the undersigned (“Lessee”) hereby warrant and agree that there is good and valid consideration for the promises and
covenants made herein, and that terms of this Release, Waiver and Indemnity Agreement constitute a legally binding contract.
III. REPRESENTATIONS AND WARRANTIES The Lessee does hereby represent, warrant and agree: (1)I am aware that there are
risks inherent in the use, operation or riding of the watercraft and equipment being provided by Lessor, and I am voluntarily
participating in all activities related to the watercraft and equipment with full knowledge thereof, and solely and exclusively
assumes all risk of injury, illness, damage, loss, paralysis or death that may result; (2) I am in good health and have no physical or
mental limitations that would affect my understanding of this agreement or the safe operation or use of the watercraft or
equipment; (3)Lessor has explained their rules and regulations relating to the watercraft and equipment, that I understand those
rules and regulations, and I agree to follow and abide by them at all times; (4)I understand and agree that it is impermissible for
anyone other than signators to this Release, Waiver and Indemnity Agreement to operate, use or ride the watercraft or
equipment; (5) that I am signing this agreement in both my individual and representative capacities in the event that I permit a
minor for who I am legally responsible to use, operate or ride the watercraft and equipment, and (6) that I have had an adequate
opportunity to read and understand this agreement, that I fully understand its terms, that I am under no duress or other legal
disability, and that I sign my name hereto with intent to be bound. Additionally, I represent, warrant and agree that no minors
shall be permitted to use, operate or ride the watercraft or equipment unless a legal representative has signed this agreement on
their behalf. All legal representatives shall be presumed to have executed this Release, Waiver and Indemnity Agreement in their
individual and representative capacities for any minor that they permit to use, operate or ride the watercraft and equipment.
IV. RELEASE AND WAIVER Lessee, individually and on behalf of any minor that I am legally responsible for who I permit to use,
operate or ride the watercraft or equipment, do hereby release Lessor, and each and every one of its owners, employees, agents,
representatives, successors, and insurers (“Releasees”), from any and all claims, demands, causes of actions, and other forms of
action, however characterized, relating in any way to the use, operation or riding of the watercraft or equipment, and waive any
and all rights to proceed in any way against Releasees for personal injury, bodily damage, property damage, theft or other loss.
The undersigned understands and agrees that Releasees shall not be responsible to the undersigned, or to any minor for which
the undersigned is legally responsible, for any injuries, damages, loss or theft, even though same may be caused in whole or in
part by the negligence or fault of Lessor.
V. INDEMNITY The undersigned does hereby agree to defend, hold harmless and indemnify Releasees from and against: (1) any
and all claims arising out of or relating in any way the undersigned’s use, operation or riding of the watercraft or equipment, no
matter who may make said claim; (2) any and all claims arising out of or relating in any way from the undersigned’s breach of any
of the representations or warranties made herein, or from the undersigned’s breach of any of the provisions of this Release,
Waiver and Indemnity Agreement; (3) any and all claims advanced or maintained by any third party relating in way to the
undersigned’s use, operation or riding of the watercraft and equipment, and (4) any and all claims by or on behalf of any minor
who uses, operates or rides the watercraft and equipment with the undersigned’s knowledge or consent.
VI. ACKNOWLEDGEMENT The undersigned does hereby acknowledge: (1) that this Release, Waiver and Indemnity Agreement
constitutes a legally binding contract; (2) that if one or more of the provisions of this agreement are ruled invalid or are struck
down in any way, the remaining provisions shall remain in full force and effect; (3) that I have read the provisions of this
agreement and fully understand them; and (4) and that my signature below constitutes my full acknowledgement, consent and
agreement to the terms of this Release, Waiver and Indemnity Agreement.
IMPORTANT PLEASE READ
CARE AND OPERATION: Lessee agrees to keep the custody of the Craft at all time during the Rental Period and to operate the
Craft only in a careful and proper manner, and to obey and comply with all laws and regulations for craft operation. Lessee shall
also obey and comply with any and all instructions provided, verbally or in writing. Lessee is at least 18 years of age and possesses
a valid driver’s license which is printed clearly on rental agreement prior to renting. Lessee will operate the watercraft at all times
in not less than two feet of water. Lessee will not operate the watercraft within 150 feet of another watercraft, boat, dock,
swimmer, or other object with the stop switch lanyard attached to the vehicle. Failure to do so may cause a collision and
termination of rental without refund. A call out fee of $50.00 applies to repairs made during rental times.
WARRANTY: Lessor provides no warranties of any kind whatsoever, express or implied, as to the Craft, its’ accessory equipment,
if any. Lessee assumes the responsibility for the condition of the Craft.
SECURITY DEPOSIT: In addition to the Rental Payment, Lessee shall pay a $500.00 security deposit concurrently with signing of
this Agreement, Lessee shall provide Lessor with valid credit card for said purpose. Security deposit will be reimbursed to Lessee
once Craft is returned to Lessor, less any expenses incurred to retrieve the Craft and/or to repair the Craft in the event any
damage is caused to the Craft during the Rental Period. Should damages exceed the $500.00 deposit, see “Risk of Loss or
RISK OF LOSS OR DAMAGE: Lessee assumes all risks of loss or damage that may occur to the Craft arising from any cause
whatsoever, and agrees to return the Craft in the exact condition it was when taken from Lessor, with the exception of normal
wear and tear. Lessee agrees to return the Craft on or before the expiration of the Rental Period in the same condition it was at
the beginning of the Rental Period. If the Craft is damaged or lost, Lessor shall have the option of requiring the Lessee to assume
all costs for the repair (Lessee may obtain local independent repair estimate within 2 days of accident), if in the event said craft is
deemed not repairable the Lessee will be responsible to make lessor "whole,” which includes sales tax of 6 % on a new machine,
Liability insurance of $485.00, plus a daily rental rate as advertised for 7 days a week until said craft is replaced or repaired.
Lessees who wish to purchase a damaged machine must opt to within 3 days from date of accident, then the price/value of the
craft will be determined by NADA Average Retail price for the damaged craft in the 49653 ZIP Code. Lessee understands that
should damage be incurred where Lessee was, in the estimation of Lessor, at fault or associated with the person causing damage,
in addition to damage charges there will be no redemption of rental fees for unused time. In the event that damage occurs and
Lessor must procure an attorney to redeem money owed the attorney fees will be added to the outstanding balance.