Malibu Sunscape 21ft Bowrider Rental in San Jose, California

You will be required to purchase daily insurance.  Customer acknowledges that he or she has the ability and experience to keep all parts safe while operating said watercraft under normal operating conditions. Customer understands that all rentals are a tow and go rental. Customer must have adequate towing capabilities and experience.   Watercraft Rental Agreement     The rental of the watercraft furnished to: ____________________________________(“CUSTOMER” by Chris Lang is subject to the following additional terms and conditions: 1. 1.      The CUSTOMER acknowledges he/she has carefully examined the watercraft and other accessory equipment provided and finds it suitable for the purpose for which it is rented. CUSTOMER agrees to maintain both rental watercraft and equipment while they are in CUSTOMERS possession. 2. 2.      CUSTOMER agrees not to use, nor permit the use: A. Of the rental craft for any unlawful purpose B. Of the rental craft in a careless or negligent manner C. Of the rental craft while under the influence of liquor and/ or narcotics D. By any other person not the signatory of this agreement, or not equally qualified. 3. 3.      CUSTOMER acknowledges his/her responsibility for the safe and proper operation of the rental craft and for the safety and welfare of other boaters and persons. No other person other than myself will operate the equipment. I further agree that in the event that said equipment is operated by any other person or persons other than myself, I will assume full responsibility for any and all bodily injury, death and/or property damage. CUSTOMER agrees renter will be absolved and held harmless of any and all liability and/or property damage as a result of non-compliance by myself in respect to all of the aforementioned. 4. 4.      The rules and regulations contained herein and as posted in the office, on the craft and/or the grounds by The Company, are for the safety and welfare of all who use the facilities, rental watercraft and accessories. CUSTOMER certifies that he/she has read and understands said rules and regulations and further assumes the responsibility to see that his/her family and/or guest(s) will obey the rules and regulations. 5. 5.      ALL CUSTOMERS MUST READ THE SAFE BOATING HINTS FOR PERSONAL WATERCRAFT PUBLISHED BY THE STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS. Upon completion of reading this pamphlet, CUSTOMER must initial that he/she has read and understood all safety and operational instructions found within the pamphlet. If the CUSTOMER is unable to read or understand any part of the pamphlet he/she will be prohibited to rent ay equipment/crafts from renter. ________(CUSTOMER’S INITIALS) 6. 6.      In the event of malfunctions, breakdown, or if any defect is discovered after acceptance of the rental craft that CUSTOMER will immediately report same to Renter. CONTINUED USE OF THE RENTAL WATERCRAFT SHALL BE ENTIRELY AT THE CUSTOMER’S RISK AND CUSTOMER ASSUMES ALL LIABILITIES FOR PERSONAL INJURY, DEATH AND DAMAGE TO ALL PROPERTY THAT MAY BE CAUSED BY CONTINUED USE OF THE RENTAL WATERCRAFT. 7. 7.       Renters ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous CUSTOMER clean, safe and operable condition. Rental  shall not be responsible for any damages, costs or expenses which CUSTOMER pays or incurs due to any previous customers failure to return the rental watercraft to renter in clean safe and operable condition or any other cause beyond renters control. 8. 8.      CUSTOMER SHALL RETURN THE RENTAL WATERCRAFT TO H20 CRAFT RENTALS IN THE SAME CONDITION AS WHEN THE WATERCRAFT IS ACCEPTED BY CUSTOMER, REASONABLE WEAR AND TEAR EXCEPTED. CUSTOMER SHALL BE LIABLE FOR ALL DAMAGE TO THE RENTAL WATERCRAFT, REGARDLESS OF THE CAUSE OF THE DAMAGE. ALL ISSUES CONCERNING DAMAGES TO THE RENTAL WATERCRAFT WILL BE SETTLED UPON RETURN OF THE RENTAL WATERCRAFT. Additional time may be necessary to determine cost of repair of all damages. CUSTOMER agrees and understands damages will be paid using the credit card/cash damage deposit paid by CUSTOMER as provided in the statement of charges. Damage deposit shall be retained by me toward compensation for failing to return the rental watercraft in as good condition (reasonable wear and tear excepted) as when received including but not limited to articles damaged, missing or broken, overtime fees, cleaning fees, missing fuel or rescue fees. IF DAMAGE EXCEEDS DAMAGE DEPOSIT, CUSTOMER agrees to pay remaining balance upon receipt of damage invoice. Renter reserves the right to select the repair facility and to have damage repaired by whomever they deem acceptable and capable. 9. 9.      All watercraft are to be returned clean or a minimum of $230.00 cleaning fee will be collected from deposit. All rental watercraft are to be returned with the same or equal amount of fuel as when CUSTOMER receives the watercraft. A $40.00 service charge and a $8.00 per gallon charge will be implemented to compensate for missing fuel or gasoline. 10. 10.   In the event the CUSTOMER returns the rental watercraft before the time designated as the return time in the contract, CUSTOMER will not receive any refund or credit. 11. 11.   Renter does not provide tools nor reimburse for repair of any kind to trailer failure or spare tire failure. 14. 14.   Renters are not responsible for loss of, or damage to, CUSTOMERS personal property while carried in or on the rental craft, including loss or damage caused by fire, water, theft or any cause whatsoever. 15. 15.   Renter shall not be held liable for damages, inconvenience, time lost caused by accident, breakdown or malfunction of the rental craft.   16. 16.   CUSTOMER shall indemnify and hold harmless The Company from any and all claims, demands, and lawsuits for loss of or damage to property, personal injury or death arising from CUSTOMERS use, operation or possession of the rental watercraft, including but not limited to claims, demand and lawsuits for physical, mental emotional injuries, lost earnings, lost profits, medical expenses, future medical expenses and attorney’s fees and costs. 17. 17.   CUSTOMER is liable for all lost revenue caused by return of damaged rental watercraft, regardless of the cause of the damaged. 18. 18.   I do not sell any insurance coverage for the operation of rental watercraft. That will need to be provided by CUSTOMER. 19. 19.   I am not covered by any insurance policy for any property damage, personal injury or death of its customer or to third parties. 20. 20.   Should any term or condition of this Rental Agreement be held void or unenforceable by a court of competent jurisdiction, that term shall be deemed severed from this Agreement and the enforceability of the remaining terms and conditions shall not be affected.   1. 22.   I hereby acknowledge that riding a boat or personal watercraft entails inherent risk, including but not limited to hidden underwater objects, excessive speed and/or careless, reckless or intentional conduct of other operators of watercraft, malfunctioning equipment and other conditions and events which can cause damage to property, personal injury and death. In consideration of the above, I herby give in my personal name and on behalf of any heirs, successors, beneficiaries and other legal representatives a full and final release and discharge to renter for any damages and/or personal injury, including death, and damage to the property that I now have or may hereafter have resulting from or by reason of any cause, matter or thing whatsoever arising from the manufacture, design or use of the boat or personal rental watercraft, whether due to negligence or other cause. I have carefully read the foregoing agreement/contract/release and I understand and agree to the contents thereof.    1. Print Name:__________________________________________________  Signature: X ________________________________________  DATE:__________________________ DL#:__________________ State:_______  Exp. ______/_____/_______ 2. Print Name:__________________________________________________  Signature: X ________________________________________ DATE:__________________________ DL#:__________________ State:_______  Exp. ______/_____/_______ 3. Print Name:__________________________________________________  Signature: X ________________________________________ DATE:__________________________ DL#:__________________ State:_______  Exp. ______/_____/_______