22' Bennington Pontoon on Lake James or delivery to other Lakes.

1. 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. 2. Damage to Equipment. Renter acknowledges and understands that the boat is to be left in clean, undamaged condition, in the same condition at commencement of the rental period. If rental Equipment is not left in suitable condition, Renter acknowledges and understands that the Boat Owner reserves the right to charge Renter for any repairs or special cleaning. Additionally, Renter understands and agrees that the 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. 3. 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; d. No pets allowed e. Allowing more people on the boat than what the boat is rated for; or more than 7 passengers total or more than 931 LBS 4. Renter Warranties and Representations. Renter represents and warrants the following: a. 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; b. That he/she is adequately familiar with the operation of the boat; c. That he/she will operate the boat in a safe manner at all times; d. 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 e. That he/she has viewed the power boat safety videos provided at rentalboatsafety.com. 5. 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, 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, 2 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; or in any way arising out of the rental relationship between Renter and Boat Owner. 6. 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. 7. Cancellation Policy. If Renter cancels his / her reservation within 2 calendar days of the reservation, Renter shall forfeit the rental payment. 8. 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. 9. The renter agrees to return the boat with a full tank of gas, or boat owner has the right to charge the Renter a significant fee for filling up the boat with gas and taking the time to do so. Gas price for boat returned not full will be as such (renter uses up to these amounts): Up to 1/4 of tank = $50 1/4 to 1/2 of tank = $75 1/2 to 3/4 of tank = $100 3/4 to full tank = $150 10. 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. 11. NC laws require boater safety card (Boater education course) that is NASBLA approved if the captain of the boat is born on or after January 1, 1988 if vessel is propelled by a motor 10 HP or greater. 12. Renter will be charged with their security allowance for any towing tube or lily pad rental if not paid. Renter will be responsible and charged for full price of replacements for any damaged towing tube, lily pad, towing equipment. Damages due to rips, tears, punctures, cuts, parts broken off and things similar. Rental equipment must be returned in the condition it was given. List any Damages on extra rental equipment on the pre-trip checkoff list before enjoying a day out on the pontoon. Renter acknowledges the boat owner has the right to charge the full $700 security allowance for any type of damage done to the pontoon. Renter acknowledges the boat owner has the right to charge over the $700 security allowance if damages exceed the $700 security allowance to fix the damage at full price of the repair.