The Black Boat LLC, Beaufort NC

  - Inspection of Equipment. Boat Owner certifies that the boat and motor are in good mechanical and physical condition. Any known damage or problems will be listed on this Rental Agreement. Renter will inspect the Boat prior to use and leases the same without any representations by Boat Owner. If Equipment has damage or problems not listed on this agreement, Renter must notify the Boat Owner before use of the boat begins and on the first day of rental.   - Damage to Boat and Equipment. Renter acknowledges and understands that Boat and Equipment is to be left in clean, undamaged condition, in the same condition at commencement of the rental period. If rental Boat and Equipment is not left in suitable condition, Renter acknowledges and understands that Boat Owner reserves the right to charge Renter for any repairs or special cleaning. Additionally, Renter understands and agrees that Boat Owner reserves the right to charge for any damages, repairs, replacement or special cleaning of any damaged or lost real or personal property. Renter acknowledges, understands, and agrees that by signing this Boat Rental Agreement/Contract, he/she is authorizing Boat Owner to charge Renter for any damages sustained. Such charges will be charged to the credit card on file for the rental.   - Prohibited Activities. The following activities are not permitted on the boat. Violation of this provision will result in the immediate termination of this contract and forfeiture of all monies paid by the Renter, including the full amount due for the rental regardless how much time is remaining on the rental.   a. Smoking; b. Operating the boat while intoxicated; c. Operate the boat with more people on board than the boat is rated for; e. Allowing more people on the boat than what the boat is rated for;   - Renter Warranties and Representations. Renter represents and warrants the following:   - That he/she acknowledges all laws governing operation of the boat and that he/she will comply with the laws and regulations at all times; - That he/she is adequately familiar with the operation of the boat; - That he/she will operate the boat in a safe manner at all times; - The he/she understands the operation of the boat involves risks and that he/she assumes all liability associated with the operation of the boat; and - That he/she has viewed the power boat safety videos provided at rentalboatsafety.com.   - Risks. Renter fully understands that operating a power boat and other boating activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death (“Risks”); these risks and dangers may be caused by “Releasees” listed below actions or inactions, Renter’s actions or inactions, the actions or inactions of others participating in the “Activity”, the condition in which the “Activity” takes place or the negligence of Renter; there may be other risks and social and economic losses either not known to Renter or not readily foreseeable at this time. Renter hereby fully accepts and assumes all such risks and all responsibility for the losses, costs, and damages Renter incurs as a result of Renter’s participation in the “Activity”.   - Release and Waiver of Claims. Renter does hereby remise, release, and forever discharge Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives (“Releasees”), of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Renter ever had, now has, or which Renter’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Boat; caused or alleged to be caused in whole or in part by the negligence of the “Releasees”; or in any way arising out of the rental relationship between Renter and Boat Owner.   - Indemnification. Renter hereby expressly agrees to indemnify and hold harmless Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse or abuse of the Boat.   - Cancellation Policy. If Renter cancels his / her reservation within 7 calendar days of the reservation, Renter shall forfeit the deposit. If the cancellation is due to inclement weather, then the deposit will be applied to an alternate date. If inclement weather causes the rental period to end prematurely, the rental rate shall be prorated based on the time used.   - Life Jackets. Any person under the age of 13 must wear a life jacket at all times while on the boat. All persons must wear life jackets while swimming from the boat.   - Other Rental Agreement Statements.   - Renter has at least 3 years prior experience on comparable boats and is fully capable of operating the boat he/she has rented in the current and predicted conditions. If requested, his/her Boating Resume will show ample experience on comparable boats. - Renter is 25 years of age or older, and have all required certifications to operate the boat, in hand. - The boat is NOT permitted to enter open waters. Renter has been made aware of the boat’s limits and agrees to stay within the specified area (The Neuse River, Oriental, Beaufort downtown, Morehead City downtown, Bogue Sound, sound side of Shackleford Banks) Any trips outside of the specified areas must be preapproved. - It is the responsibility of the Renter to confirm that all required/recommended equipment is on the boat at time of departure. (Includes, but not limited to lifejackets, vhf radio/cell phone.) - Renter is solely responsible and accountable for any and all consequences attributable to their party’s consumption of alcoholic beverages during or prior to the period of the rental. Consumption of alcohol by any party on board is not recommended. - Any legal cost or expenses connected with damages or collection of debt due to operation of the boat will be Renter’s responsibility. - We have the authority to require return of the boat to the dock, if Renter cannot show safe operation of the boat on the water in the current or predicted conditions. - All participants under the age of 18 must be in the Care, Custody, and Control of a parent, guardian, or responsible adult at all times. - Swimming from the boat is not recommended. - Use of "Towed Sporting Equipment" (tubes, skis, knee boards and other such equipment) is not permitted. - The boat may only be operated between dawn and dusk. No nighttime operation is permitted. - If the boat is not returned at the end of its scheduled time, it will be subject to a late fee. - Any use or possession of illegal items, including but not limited to drugs, alcohol, or firearms is strictly prohibited. - Pets, including but not limited to dogs, are not permitted without permission from Boat Owner. - Violation of any part of the rental agreement is grounds for immediate cancellation of the rental. All fees paid for said rental will be forfeited.   - Governing Law. This Agreement is governed, construed, and administered according to the laws of North Carolina, as from time to time amended, and any applicable federal law. No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of North Carolina.   - Entire Agreement. This Agreement constitutes the sole and entire agreement of its parties with respect to the Agreement’s subject matter. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the subject matter. As between or among the parties, oral statements or prior written material not specifically incorporated in this Agreement have no force or effect. The parties specifically acknowledge that, in entering into and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others.   Renter has read this Agreement, fully understand its terms, understand that he/she has given up substantial rights by signing it and has signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this Agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. This Agreement, Waiver and Release will be interpreted and enforced pursuant to NC Law.     Dated: _______________   __________________________________ Renter’s Signature     __________________________________ Authorized Representative