All boats are full of gas when rented and must be filled with gas upon return at customer’s expense. Sorry, NO pets allowed. Special rates apply on ALL Holidays and Special Events. We accept MasterCard and VISA credit cards and cash. Damage Deposit of $500 may be placed on credit cards. If our equipment has not been damaged, your damage deposit will be returned to you. If damage has occurred, the deposit will be processed, as well as, any damage that should exceed the deposit. Damage Deposit will be refunded after vessel has been fully inspected and no damage or loss is found by Kent’s Boats. Excessively dirty/soiled boats will also be charged a cleaning fee with a minimum $50 charge.
Kent’s Boats- BOAT RENTAL AGREEMENT
_ For good and valuable consideration, receipt of which is hereby acknowledged, it is hereby agreed by and between Kent’s Boats and Lessee as follows:
I, Deposit Lessee has paid the Deposit as surety that Lessee will return the Equipment and all Furnishings to Kent’s Boats further agrees to and shall promptly return such items at the time required and in the same condition as when they were received, Lessee expressly authorizes Kent’s Boats to charge against the Deposit for any damage, loss or harm to the Equipment andlor Furnishings,
2, Condition of Rental Property: Lessee acknowledges that, prior to taking the Equipment and Furnishings, Lessee examined the same and found them to be in good and safe condition, Lessee is renting the Equipment and Furnishings “as is.” LESSEE ACKNOWLEDGES THAT LESSEE HAS RECEIVED NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH THIS AGREEMENT Lessee is responsible for his or her own liability and property damage insurance on the Equipment and Furnishings, This provision shall survive the termination of this Agreement and the return of the Equipment and Furnishings,
* Initials: __
3, Responsibility for Equipment and Furnishings: It is expressly understood that Lessee is solely and fully responsible for the Equipment and Furnishings from the time the Equipment and Furnishings are rented until the time that they are returned, If the Equipment and/or Furnishings are lost, stolen or damaged, under any circumstances, regardless of fault, Lessee shall be fully responsible for any and all charges associated therewith.
4, Charges and Payments: Lessee is responsible for refilling boat to full. If boat is returned without refueling, a refueling charge of $25 plus cost of fuel will be charged to Lessee.
Lessee acknowledges that Additional Charges assessed by Kent’s Boats, in its sole discretion, include, but are not limited to, cleaning costs, late charges, the cost to replace (at full retail value) the Equipment or Furnishings, labor costs to replace or repair the Equipment or Furnishings, and all rental revenue lost due to downtime for repairs of the same. Lessee assumes responsibility for payment of all assessed charges and shall pay the same to Kent’s Boats immediately upon demand, If the charges are to be paid by someone other than Lessee, Lessee is the authorized agent of such party, Kent’s Boats reserves the right to assess interest charges, at an amount to be determined, on any, amount left unpaid by Lessee after demand for the same by Kent’s Boats’
5, Instructions: Lessee acknowledges that (a) Lessee has received adequate instruction on the safe and proper operation and use of the Equipment and Furnishings, (b) Lessee is satisfied with the instruction given, and (c) Lessee is capable of operating the Equipment and Furnishings in a safe and proper manner. Lessee explicitly acknowledges and agrees to comply with all applicable statutes and regulations regarding use and or operation of the Equipment and Furnishings,
6, Release and Indemnity: Lessee, individually and on behalf of any insurer, entity or community estate, releases Kent’s Boats, its members, managers, directors, officers, employees, volunteers, representatives, agents and insurers (“Releasees”) for all acts, omissions, negligent or otherwise, proximately causing any damage, claim, loss, cost, liability or expense, Lessee, individually and on behalf of any insurer, entity and/or community estate:
__ (a): Hereby acknowledges and assumes the risk and full responsibility for any and all bodily injury, emotional injury, death, loss and/or damage to property arising out of or related to the use and/or operation of the Equipment, Furnishings and/or related items (such as water skis, wake boards, knee boards, and tubes “Related, –Items”) whether caused by the negligence of Releasees, Lessee, Lessee’s passengers, and/or Additional Users, or by any cause whatsoever.
__ (b): Hereby releases, waives, discharges, and covenants not to sue or bring any form of legal action against Releasees.
__ (c): Hereby releases, waives, and discharges Releases from any and all damage, claim, loss, cost, liability or expense or demands therefor on account bodily injury, emotional injury, death, loss and/or damage to property arising out of or related to the use and/or operation of the Equipment, Furnishings and/or Related Items whether caused by the negligence of Releasees, Lessee, Lessee’s passengers, and/or Additional Users, or by any cause whatsoever. __
__ (d): Hereby agrees to indemnify, defend and hold harmless the Releasees and each of them from any and all damage, claim, loss, cost, liability or expense they may incur which may arise out of or relate to the use and/or operation of the Equipment, Furnishings and/or Related Items, by any party, whether caused by the negligence of Releasees, Lessee, Lessee’s passengers, and/or Additional Users, or by any cause whatsoever.
__ (e): Sections 5 and 6 of this Agreement shall apply to the benefit of the Releasees, as against all parties, including but not limited to any and all passengers and/or Additional User(s) (defined below).
8, Collection Costs: Lessee agrees to pay reasonable attorney fees, collection fees, court costs and any other costs or expenses incurred in collecting any charges assessed under this Agreement, including but not limited to the retaking of the Equipment or Furnishings or otherwise enforcing the terms of this Agreement
9, Entire Contract: This Agreement represents the entire contract; there are no oral or other agreements, In the event any suit, claim, action or any other legal proceeding is instituted to enforce this Agreement, the prevailing party shall be entitled to recover, in addition to costs and expenses provided by statute or otherwise, all reasonable attorneys’ fees, including attorney fees incurred for trial and/or on appeal. Any action hereunder shall be brought in Kootenai County District Court and interpreted according to Idaho law,
10, Additional User: Except for those persons identified as an Additional User(s), Lessee shall not permit any other person to operate the Equipment Any reference to Lessee in this Agreement shall apply equally to Additional User(s) such that Additional User(s) is subject to all the terms and conditions of this Agreement. Additional User(s) acknowledges having read and understood this Agreement and expressly agrees to be bound by and to all of its terms.
Additional User’s Initials: __
I L Understood Severability: By signing below, Lessee acknowledges having read this Agreement in its entirety, understanding its terms and agrees to be bound thereby, If any provision of this Agreement shall be found to be void, such determination shall not affect any other provision of this Agreement
THE FOLLOWING IS A NON-EXHAUSTIVE LIST OF THE RULES THAT OPERATORS MUST FOLLOW AT ALL TIMES
- All underage watercraft and/or vessel passengers must wear a type III life jacket at all times. Warning flags must be prominently displayed at all times that a passenger(s) is in the water.
- The engine shut-off lanyard must be attached to the person operating the boat.
- No operator or passenger shall consume alcohol before or during operation. Operators shall avoid wake jumping and operating near other boats and ships.
- Operators shall not operate a watercraft and/or vessel within 200 feet of a water skier, tuber or similar tow-behind user, or fishing boat.
- Operators shall observe speed limits and no-wake zones.
- Operators shall avoid operating too close to residential and congested areas.
- Operators shall slow to 10 mph when approaching within 100 feet of another motorboat or sailboat.
- Operators shall slow to no-wake speed, maximum of 5 mph, when within 200 feet of a shoreline. Safe take offs and landings are expected.
- Operators shall slow to no-wake speed, maximum of 5 mph, when within 200 feet of a swimmer, surfer, shoreline angler or diving flag.
- Operators shall also slow to no-wake speed, maximum of 5 mph, when within 200 feet of a dock, launch ramp, marina, moorage, floating home or boathouse, pier or swim float. Operators shall not operate in less than 3 feet of water and Operators shall not operate in swim areas.
Lessee’s Printed Name:_______________________________ Lessee’s Signature:_______________________________ Date/Time:_______________
Additional User’s Printed Name:_______________________________ Signature:_______________________________ Date/Time:_______________