This lease agreement is between:
Emerald Isle Rentals & Charters
Newport NC 28570
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**LESSEE MUST BE AT LEAST 21 YEARS OF AGE AND MUST PROVIDE PROOF OF AGE UPON PICKUP/DELIVERY OF BOAT**
Deposit: To reserve, a deposit of 50% is required for entire rental package.
Final Payment must be made 48 hours before departure.
Cancellation Policy: If rental package is canceled for any reason (including volatile weather or unforeseen boat repair):
a. prior to 30 days of scheduled rental a full refund of deposit in cash or credit shall be returned.
a. between 30 to 14 days of scheduled rental a voucher* of the full deposit amount shall be issued.
b. between 14 to 7 prior to scheduled rental a voucher* of 50% of the deposit amount shall be issued.
c. within 7 days of scheduled rental - The deposit shall be nonrefundable and no credit shall be given.
* Voucher may be used with any Emerald Isle Rentals & Charters service or rental within 2 years from the date of issuance.
LESSEE TO READ ALL PAGES OF THIS AGREEMENT AND INITIAL EACH CLAUSE BEFORE SIGNING THIS DOCUMENT
In consideration of the agreement herein, Emerald Isle Rentals & Charters (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. In the event the craft is not returned at time specified herein. Said LESSEE agrees to pay for OVERTIME at rate of $50.00 per each half-hour in addition to the average hourly rate of agreement for all craft rentals.
THE LESSEE CERTIFIES THAT HE/SHE SHALL EXAMINE THE CRAFT AND/OR EQUIPMENT BEFORE DEPARTURE TO DEEM 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 IN THIS OFFICE OR ON THE CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS.
LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT AND/OR EQUIPMENT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH THE MALFUNCTION/BREAKDOWN CLAUSE WHICH FOLLOWS.
This certifies that I (We), the LESSEE (S) have at least 5 years of experience and are capable in all aspects of the handling and operation of the craft and/or equipment such as the one rented above. For all craft rentals the LESSEE agrees said craft will not be occupied by a greater number of 8 persons for rentals. I, the LESSEE (S) am/are aware of the NO WAKE areas and am/are responsible for any damaged caused by my wake. I, the LESSEE (S) will not remove any equipment from the craft and will operate that said craft or remove equipment from within the in-land waterways (never in the open ocean) and I (We) have familiarized myself/ourselves with a chart of the area. WATER SKIING, TOWING, AND/OR NIGHT OPERATION OF RENTAL BOATS AND EQUIPMENT IS FORBIDDEN, NO EXCEPTION, LESSEE IS LIABLE.
I authorize and allow Emerald Isle Rentals & Charters to charge my credit card for any damages or loss of equipment. Craft rental price does not include refueling or tax. Craft must be refueled before return or LESSEE agrees to be charged the current market rate for refueling after return. Equipment must be returned to the site in the condition of which it was received unless otherwise has been agreed to in writing. I agree to have LESSOR hold the LESSEE's credit card information up to 30 days after equipment/craft return to compensate for any and all damages occurred during lease period.
The LESSEE acknowledges he/she shall carefully examine the craft and/or equipment before departure in order to find 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 not to use, nor permit the use:
a. of the rental craft and/or equipment for any unlawful purpose;
b. of the rental craft and/or equipment in a careless or negligent manner;
c. of the rental craft and/or equipment while under the influence of alcohol, narcotics or any other drugs
d. by any other person not the signatory of the agreement, or not equally qualified.
e. of the rental craft and/or equipment after dark.
f. of the rental craft and/or equipment in the use of any kind of towable water sports such as skiing or tubing.
g. of rental craft or equipment to be used in the open waters of the ocean, without exception.
h. of power pole equipment.
LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft and/or equipment; 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 its 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 and/or equipment 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.
LESSOR’S ability to provide a rental craft and/or equipment 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 may be prorated based on time used.
The rules and regulations contained herein and as posted in the office, on the craft/equipment and /or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understands said rules and regulations and further assumes the responsibility that his/her family and or guest(s) will obey the rules.
Should any term or condition of Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the unenforceable, then that term shall be deemed severed from this Agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect.
THE TERMS AND CONDITIONS ON BOTH SIDES OF THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT.
I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON BOTH SIDES; THAT I (WE) ACKNOWLEDGE TO HAVING PRINTED A COPY OF THIS AGREEMENT AS RECEIPT.
WAIVER AND RELEASE OF LIABILITY AGREEMENT – NORTH CAROLINA
I. DISCLAIMER – This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by Emerald Isle Rentals & Charters... *(For purposes of this Waiver and Release, the term “Emerald Isle Rentals & Charters” includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Emerald Isle Rentals & Charters). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Emerald Isle Rentals & Charters all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the a event that he/she fails to notify Emerald Isle Rentals & Charters of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of Emerald Isle Rentals & Charters.
II. ACKNOWLEDGEMENT OF RISKS – The undersigned hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action and ships’ wakes; 2) Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, expose to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms, including, but not limited to sharks and/or sting rays; 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature, 9) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration of these risks is nit complete and that unknown or unanticipated risks may result in injury, illness or death.
III. EXPRESS ASSUMPTION OF RISK- The undersign herby agrees that he/she is renting, operating or using the equipment provided by Emerald Isle Rentals & Charters at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fracture or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Emerald Isle Rentals & Charters.
IV. WAIVER/RELEASE OF LIABILITY-By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Emerald Isle Rentals & Charters. from any and all liability of any nature for any and all injury or damage arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Emerald Isle Rentals & Charters. regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages, which may occur, and further agrees that Emerald Isle Rentals & Charters. shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Emerald Isle Rentals & Charters shall not be responsible for such injuries, damages, loss or theft. EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY EMERALD ISLE RENTALS & CHARTERS, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Emerald Isle Rentals & Charters.
V. LIABILITY TO THIRD PARTIES – The undersigned hereby agrees that he/she will indemnify and hold harmless Emerald Isle Rentals & Charters. for all personal injuries, property damages, or any other damages to any and all third parties, including but not limited to, operators and passengers of other watercraft and minor children under the undersigned’s custody, care, and control as a result of any and all activities related to the rental, operation, or use of equipment provided by Emerald Isle Rentals & Charters, even if such damages arise out of the negligence or fault of Emerald Isle Rentals & Charters.
VI. ACKNOWLEDGEMENT OF WAIVER AND RELEASE – The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Emerald Isle Rentals & Charters with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Emerald Isle Rentals & Charters for Emerald Isle Rentals & Charters’ negligence.