Terms

TERMS AND CONDITIONS TO THE

STANDARD WATERCRAFT AND EQUIPMENT RENTAL AGREEMENT

  1. Lessee certifies that he/she has carefully inspected the watercraft and equipment to be rented under this Agreement and found them to be in good working order and suitable for the purpose for which they are rented. Lessee agrees to return said watercraft and equipment in the same condition in which he/she received it with the exception of ordinary wear and tear.
  2. Lessee shall provide a credit card deposit as specified. Said deposit may be applied upon any of the following claims asserted by Lessor upon return of the watercraft and equipment:
    1. Any damage to watercraft or equipment with the exception of ordinary wear and tear;
    2. Failure to return the watercraft and equipment in the same condition as it was received by Lessee;
    3. Any equipment which is lost or not returned;
    4. Any overtime charges based on the rate posted in this office.
  3. Provided, further, that any such application of the agreed signed credit card imprint shall not be deemed to be liquidated damages and shall be without prejudice to Lessor’s right to seek additional damages from Lessee in the event such deposit is insufficient to compensate Lessor’s loss:

 

Lessee agrees not to operate or permit the operation of the watercraft and equipment:

  1. In any unsafe or careless or negligent or illegal manner;
  2. By any person under the influence of alcohol, narcotics or similar substance;
  3. By any person who has not signed this agreement.
  4. Lessee agrees that he/she is responsible for the safe and proper operation of the watercraft and equipment. Lessee agrees not to hold Lessor liable for any inconvenience, damages or time lost because of any accident or equipment failure related to the watercraft or equipment. Lessee also agrees to indemnify, hold safe and harmless against, and defend Lessor from any and all claims, costs, expenses, damage to property or personal injury (including death) arising from or pertaining to the use, possession or operation of the watercraft and equipment, Lessee acknowledges that Lessor shall have no liability for any damage caused to Lessee’s personal property in or on the watercraft and equipment including damage or loss caused by theft, fire, water or any other cause whatsoever.
  5. Lessee agrees to indemnify and hold safe and harmless Lessor from and against any and all loss, attorney fees, costs, expenses, damages and liability in connection with enforcing this Agreement including without limitation all costs incurred in collecting delinquent payments under this Agreement and/or all costs incurred in a suit by Lossor to recover possession of the watercraft and equipment subject to this Agreement and/or any suit by Lessor to enforce any provision, term or condition of this agreement.
  6. Lessee agrees to immediately report to Lessor any accident, equipment failure, or any defect discovered after Lessee has accepted the watercraft and equipment. Continued use of the watercraft and equipment after such discovery shall be at Lessee’s own risk and shall cause Lessee to assume all responsibility for any injury or damage to persons or property resulting from the continued use of the watercraft and equipment.
  7. Lessor can only provide watercraft and equipment reserved under this Agreement if prior lessees return the watercraft and equipment in a timely fashion. Lessor shall incur no liability if it cannot provide the reserved watercraft and equipment due to a prior lessee failing to return the watercraft and equipment on time or due to events beyond Lessor’s control.
  8. Lessee consents to, accepts and agrees to abide by all additional terms and conditions posted by Lessor at Lessor’s place of business and if incorporated in this Agreement.
  9. By selecting the “I Agree” button below, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement.

 

I HAVE READ THE ABOVE SPACE RENTAL AGREEMENT, UNDERSTAND ITS TERMS AND AGREE TO IT.

TERMS AND CONDITIONS TO THE

Snowmobile Rental Contract & Liability Waiver

Lessor reserves the right to cancel this rental agreement due to inclement weather or impending bad weather. Rental fees will be prorated based on the time used. Lessor’s ability to provide a rental snowmobile, if reserved is contingent upon and subject to the return of the unit by the previous lessee.
Lessee acknowledges he/she has carefully examined the snowmobile(s) and finds it (them) suitable for the purpose leased, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both snowmobile(s) and equipment in a safe, dependable condition while in his/her custody.
Lessee assumes full responsibility for the snowmobile(s). In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental snowmobile, Lessee will immediately report same to Lessor. Continued use of the rental snowmobile shall be entirely at the Lessee’s risk.
Lessee shall pay $500.00 security deposit (valid major credit card only) at the time this rental agreement is signed for each snowmobile rented. This deposit will be credited to the Lessee upon termination of this rental agreement, less any expenses incurred to retrieve the snowmobile, and/or to repair any damages caused to this snowmobile by the Lessee or anyone else during the rental period. Should damages exceed the damage deposit, Lessee agrees to make payment IN FULL immediately upon Lessor’s presentation of an itemized repair bill, including lost rental time.
Lessee certifies that he/she understands the rules and regulations for the safe operation of snowmobiles. In addition, Lessee certifies that he/she are in good health, has no physical defects that may be of danger to themselves or anyone else, and that he/she is capable of safe operation of the snowmobile. Furthermore, Lessee certifies that he/she is NOT under the influence of alcohol or drugs (legal or otherwise) and will remain so during the rental period.
Lessee acknowledges his/her responsibility for the safe and proper operation of the snowmobile(s); and for the safely and welfare of other snowmobile operators and persons.
It is AGREED AND UNDERSTOOD BY Lessee that Lessor shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown, or malfunction of the rental snowmobile(s).
Lessee further agrees to indemnify and hold Lessor harmless 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 the rental snowmobile(s). Lessee further agrees to hold Lessor harmless should loss or damages occur to any of the Lessee’s personal property while carried in, or on, the rental snowmobile(s), including loss or damage caused by malfunction or theft.
Lessee agrees not to use nor permit the use of the rental snowmobile(s):
-Anywhere but on designated snowmobile trails in the State of Wisconsin or Michigan (with proper permitting);
-For any unlawful purpose;
-In a careless or negligent manner;
-By any other person not the signatory of this agreement
-For any form of Racing.
RISK OF LOSS OR DAMAGE: Lessee assumes all risks of loss or damage to the snowmobile(s) and equipment from any cause, and agrees to return the snowmobile(s) in the condition received from Lessor, with the exception of normal wear and tear. Lessee agrees to return this snowmobile(s) on or before the expiration of the rental period in the new condition it is in, with the exceptions detailed on the inspection sheet. If a snowmobile is damaged or lost, Lessor shall have the option of requiring Lessee to restore it to good working order, or replace it with a like snowmobile in good repair. IF FRAME OR TUNNEL IS BENT IN ANY FASHION OR IF ANY WATER DAMAGE HAS OCCURRED, THE SNOWMOBILE IS CONSIDERED A TOTAL LOSS TO BOAT SPORT MARINA INC AND THEREFORE YOU ARE RESPONSIBLE FOR REPLACEMENT OF THE SLED – NO EXCEPTIONS.
LIABILITY AND INDEMINITY: Lessee hereby agrees to bind him/her-self, their personal representatives and assigns and release and discharge Lessor, its owners, employees, agents and assigns from any and all claims, loss, costs, damages, expenses, actions, judgments, and attorney fees, which Lessee or Lessee’s heirs, personal representatives or assigns may have, or claim against lessor, its owners, employees, agents, and assigns. Further, Lessee hereby agrees to defend, indemnify and hold harmless Lessor, its owners, employees, agents and assigns from all claims, damages, demands, costs, losses, expenses, actions and judgments, which are created by or arise out of Lessee’s operation of the snowmobile during the rental period. Lessee agrees to pay all claims brought by third parties resulting from the operation and/or use of the snowmobile(s) during the rental period.
Lessee expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees, and/or liability in connection with the enforcing of the foregoing rental contract by Lessor, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by Lessor to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood that venue of any action hereunder shall be in the county of the Lessor.
Should any term or condition of this Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.
THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAIN 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.
By selecting the “I Agree” button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement.

Snowmobile Waiver and Release of Liability Agreement
I. Disclaimer
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by Boat Sport Marina Inc (For purposes of this Waiver and Release, the term “Boat Sport” includes all employees, agents, representatives, servants, assigns, successors, insurers, and subsidiaries of Boat Sport Marina Inc) 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 Boat Sport all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Boat Sport 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 of Boat Sport.

II. Express Assumption of Risk
The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Boat Sport 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, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence of Boat Sport.

III. Waiver/Release of Liability
By the execution of this Release, the undersigned agrees that Boat Sport shall not be liable for any damages arising from personal injuries and/or property loss 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 Boat Sport, including but not limited to other related injuries, collisions with other craft or stationary objects, physical contact/collisions with the rental equipment itself and injuries or damages stemming from mechanical design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Boat Sport shall not be responsible for any such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIEGENCE BY BOAT SPORT, 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 Boat Sport Marina.

IV. Liability to Third Parties
The undersigned hereby agrees that he/she will indemnify and hold harmless Boat Sport 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 Snowmobile 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 Boat Sport, even if such damages arise out of the negligence of Boat Sport.
V. 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 the Release as his/her own free act. The undersigned also understands that he/she has an opportunity to bargain for different waiver of liability terms and voluntarily waives his/her right to do so. By executing this document, the undersigned 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 Boat Sport for Boat Sport’s negligence.

VI. Severability
The undersigned hereby agrees that in the event any term or any part of any term of this Agreement is determined to be void or unenforceable, such term or part of a term shall be considered separate and severable from this Agreement and the remaining terms shall continue in full force and effect.

By selecting the “I Agree” button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement.

CANCELLATION POLICY

CANCELLATION POLICY: All rental deposits are non-refundable. Rentals Cancelled within 10 days are subject to 1st day rental charges. Rentals Cancelled within 48 hours are subject to the entire rental charge.

BOATER’S SAFETY

A temporary boat rental safety certificate course is required for Wisconsin residents and visitors, born after Jan 1, 1989, who do not already possess a valid boating education certificate, but wish to rent a boat to operate on Wisconsin waters. Course is available at https://www.boat-ed.com/wisconsinrental.