18ft Fisher Pontoon Boat for rent in Mt. Morris

READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO BOOKING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE OUR COMPANY FROM ALL KNOWN AND UNKNOWN OBLIGATIONS; AND TO INDEMNIFY OUR COMPANY, AND ANY AGENT AUTHORIZED TO ACT ON BEHALF OF OUR COMPANY AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE WATERCRAFT. THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS.  Fuel One tank of fuel is included with rental.   Use of Watercraft The intention of our company is to provide an enjoyable means of outdoor recreation. The watercraft may not be used for sub-leasing, racing or any illegal purposes. Each machine must be operated by an adult and in a safe and competent manner. Drivers and passengers of the rented watercraft will be solely responsible for any individual fines and penalties due to violations of the law. Any and all charges related to the impoundment or retrieval of the watercraft will be charged to the Renter, along with any lost rental time. Refunds No refunds will be given on any rental booking.  Rentals canceled due to inclement weather may be rescheduled if available but not refunded.  No refunds will be granted for early returns.    Terms and Conditions 1. Assumption of Risk. Renter acknowledges that the activities for which the watercraft is designed include inherent dangers, including the risk of bodily injury and/or death; if watercraft is not used as intended. Renter assumes and accepts all risks associated with the use of the watercraft. 2. Acceptable Use. Renter agrees and acknowledges that he/she will be the sole operators of the watercraft, and will use the watercraft in a careful, safe, and conscientious manner. Renter shall at times observe and adhere to any rules and guidelines and any applicable local, state and federal laws. 3. Prohibited Activities. Renter shall not violate any of the following rules and regulations during his/her operation of the watercraft: • All passengers under the age of 18 must be accompanied by an adult. • There are no alcoholic beverages permitted to be consumed by the operator of the watercraft • There is no smoking / no vaping permitted by anyone aboard the watercraft • There are no fireworks permitted on watercraft • There are no grills permitted on the watercraft  4. Age. Renter is at least 18 years of age. No one under the age of 18 is permitted to operate the watercraft. Anyone born on or after January 1, 1989 is required to complete a boating safety course to legally operate a motorized boat or personal watercraft (PWC) on Wisconsin waters. 5. Unsafe Use. If at any time we determine the Renter has engaged in an unsafe or hazardous use of the watercraft, we may immediately terminate the rental. Upon notification of the termination, Renter must return the watercraft to the designated docking area immediately. If the rental is terminated for unsafe or hazardous use, Renter will not be refunded his/her security deposit. DGR shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.” 6. Conditions of Watercraft upon Return. The Renter shall return the watercraft to the designated docking area clean, free of garbage, and debris, and in the same condition as it was in when given to Renter, excepting ordinary wear and tear. Renter shall be responsible for any damage caused to the watercraft during the rental period. DGR shall retain any portion (or all) of the Renter’s damage deposit as necessary to cover repairs for such damages. To the extent that damages to the watercraft exceed the amount of the damage deposit, Renter shall be billed for the full amount of damages caused by Renter during the rental period, including reasonable attorney’s fees; if collection services are needed due to non-payment. The Renter agrees to take pictures of the propeller prior to departure and to take pictures of any damages prior to departure. Propeller is assumed to be without damage unless noted by Renter prior to departure. 7. Damage Deposit. Should any damages exceed the $500 damage deposit, we will provide an itemized repair bill, including lost rental time (lost rental time begins with the date of the damage and stops when the watercraft is once again available for rental). The itemized repair bill, including lost rental time, must be paid in full upon presentation of bill to Renter. The damage deposit shall not bear interest. Renter shall be responsible for damages at and beyond the $500.00 damage deposit. 8. Late Return. If Renter returns the watercraft to the designated docking area more than 15 minutes after the scheduled “Time In”, Renter shall be charged $50.00 per 15-minute increments. 9. Caution: The equipment can give a rough ride. Persons with back problems, seizure disorders, or any medical conditions relating to same are encouraged not to rent. I acknowledge that I am not using any medication at this time – either prescription or nonprescription; that would impair my ability to operate the watercraft. I further acknowledge that I have been given full and proper instruction in operating the said watercraft in a safe manner. Prices and Terms subject to change without notice  Release, Waiver and Indemnity Agreement This is a Legally Binding Contract I. CONSIDERATION For and in consideration of being permitted to rent, use, operate and/or ride watercraft and equipment provided by DGR, the undersigned does hereby warrant and agree that there is good and valid consideration for the promises and covenants made herein, and that the terms of this Release, Waiver and Indemnity Agreement constitute a legally binding contract. II. REPRESENTATIONS AND WARRANTIES The undersigned does hereby represent, warrant and agree: (1) that I am aware that there are risks inherent in the use, operation or riding of the watercraft and equipment being provided by Rental Company, and that I am voluntarily participating in all activities related to the watercraft and equipment with full knowledge thereof, and solely and exclusively assumes all risk of injury, illness, damage, loss, paralysis or death that may result; (2) that I am in good health and have no physical/mental limitations that would affect my understanding of this agreement or the safe operation or use of the watercraft or equipment; (3) that Rental Company has explained their rules and regulations relating to the watercraft and equipment, that I understand those rules and regulations, and I agree to follow and abide by them at all times; (4) that I understand and agree that it is impermissible for anyone other than signators to this Release, Waiver and Indemnity Agreement to operate, use or ride the watercraft or equipment, and I will not let anyone use, occupy or ride the watercraft or equipment who has not signed same; (5) that I am signing this agreement in both my individual and representative capacities in the event that I permit a minor for whom I am legally responsible to use, operate or ride the watercraft and equipment, and (6) that I have had an adequate opportunity to read and understand this agreement, that I fully understand its terms, that I am under no duress or other legal disability, and that I sign my name hereto with intent to be bound. Additionally, I represent, warrant and agree that no minors shall be permitted to use, operate or ride the watercraft or equipment unless and until a parent, guardian or other legal representative has signed this agreement on their behalf. All parents, guardians or other legal representatives shall be presumed to have executed this Release, Waiver and Indemnity Agreement in their individual capacities and representative capacities for any minor that they permit to use, operate or ride the watercraft and equipment. III. RELEASE AND WAIVER The undersigned, individually and on behalf of any minor that I am legally responsible for whom I permit to use, operate or ride the watercraft or equipment, do hereby release Rental Company, and each and every one of its owners, employees, agents, representatives, servants, assigns, successors, and insurers (collectively “Releasees”), from any and all claims, demands, causes of actions, and other forms of action, however characterized, relating in any way to the use, operation or riding of the watercraft or equipment, and waive any and all rights to proceed in any way against Releasees for personal injury, bodily damage, property damage, theft or other loss. The undersigned understands and agrees that Releasees shall not be responsible to the undersigned, or to any minor for which the undersigned is legally responsible, for any injuries, damages, loss or theft, even though same may be caused in whole or in part by the negligence or fault of Rental Company. This release and waiver does not apply to any gross negligence or intentional torts by Rental Company. IV. INDEMNITY The undersigned does hereby agree to defend, hold harmless and indemnify Releasees from and against: (1) any and all claims arising out of or relating in any way the undersigned’s use, operation or riding of the watercraft or equipment, no matter who may make said claim; (2) any and all claims arising out of or relating in any way form the undersigned’s breach of any of the provisions of this Release, Waiver and Indemnity Agreement; (3) any and all claims advanced or maintained by any third party relating in way to the undersigned’s use operation or riding of the watercraft and equipment, and (4) any and all claims by or on behalf of any minor who uses, operates or rides the watercraft and equipment with the undersigned’s knowledge or consent. V. ACKNOWLEDGEMENT The undersigned does hereby acknowledge: (1) that this Release, Waiver and Indemnity Agreement constitutes a legally binding contract; (2) that if one or more of the provisions of this agreement are ruled invalid or are struck down in any way, the remaining provisions shall remain in full force and effect; (3) that I have read the provisions of this agreement and fully understand them; and (4) and that my signature below constitutes my full acknowledgement, consent and agreement to the terms of this Release, Waiver and Indemnity Agreement. ***READ ENTIRE AGREEMENT BEFORE SIGNING***