Tartan 37 Sloop Available by the Month for Summer 2021!

In consideration of the agreement herein, and conditioned expressly upon a successful pre-screening of Lessee’s sailing and navigation experience by Lessor, Lessor agrees to lease to the undersigned (hereinafter referred to as the “Lessee”) the Tartan 37 (Hull No. 470) and equipment reasonably associated therewith (collectively, the “Rental Craft”). THE LESEE CERTIFIES THAT HE/SHE HAS EXAMINED THE RENTAL CRAFT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED ON THE RENTAL CRAFT AND/OR SET FORTH IN APPLICABLE LAW, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS. LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH THE MALFUNCTION/BREAKDOWN CLAUSE WHICH FOLLOWS. This certifies that I (We), the Lessee(s) am/are experienced and capable in all aspects of the handling and operation of sailing vessels such as the one rented above, in the applicable waters. Lessee agrees said Rental Craft will not be occupied by more than six (6) persons. I, the Lessee(s) am/are aware of the NO WAKE areas and am/are responsible for any damaged caused by my wake. I, the Lessee(s) will not remove any equipment from the Rental Craft and will operate that said Rental Craft within a 50 nautical mile limit from Safe Harbor Mystic and I (We) have re-familiarized myself/ourselves with nautical charts – and associated navigational and other hazards – of the area. The Lessee acknowledges he/she has carefully examined the Rental Craft and finds it suitable for the purpose for which it is leased, and that or other accessory equipment is in suitable and acceptable condition: that he/she will maintain both craft and equipment in a safe, dependable condition while in he/she has custody. Lessee agrees not to use, nor permit the use of the Rental Craft: - for any unlawful purpose; - in a careless or negligent manner; - while under the influence of liquor or narcotics; or any other drugs - by any other person not the signatory of the agreement, or not equally qualified. - after dark or in severe storms or fog. Lessee acknowledges his/her responsibility for the safe and proper operation of the Rental Craft; and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY Lessee that the Lessor shall not be held liable for direct or indirect damages, inconvenience or time lost caused by accident, breakdown or malfunction of the Rental Craft. Lessee FUTHER AGREES to indemnify, defend and hold harmless the Lessor and its agents, affiliates and personnel from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said Rental Craft. Lessee further agrees to hold the Lessor harmless should loss or damages occur to any Lessee’s personal property while carried in, or on, the rental craft, including loss or damage by fire, water, theft or any other causes whatsoever. Lessee expressly agrees to indemnify, defend and hold Lessor and its agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forgoing rental contract by Lessor, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by Lessor, to recover possession of said Rental Craft and/or to enforce any terms, conditions and/or provisions hereof. It is understood and agreed that Venue and any action hereunder shall be in the county of Lessor. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft the Lessee will immediately report it to Lessor. Continued use of it shall entirely at the Lessee’s risk and thus Lessee assumes all liability of injury and damage to all persons and property that may become involved by its continued use. Lessor’s ability to provide the Rental Craft is contingent upon and subject to the return of the Rental Craft by the previous lessee, or any other cause beyond Lessor’s control. Lessor reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated based on time used. THESE TERMS AND CONDITIONS SET FORTH THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT. I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON BOTH SIDES; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. ACKNOWLEDGEMENT OF RISKS – The Lessee hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action and ships’ wakes; 2) Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, expose to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms, including, but not limited to sharks and/or whales; 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, fog, weather, and temperature, and/or 8) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration. Lessee understands and agrees that these risks are illustrative (i.e., not a complete list), and that unknown or unanticipated risks may result in injury, illness or death. EXPRESS ASSUMPTION OF RISK- The Lessee herby agrees that he/she is renting, operating or using the Rental Craft provided by Lessor at his/her own risk. The Lessee agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the Rental Craft. The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fracture or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Lessor. WAIVER/RELEASE OF LIABILITY-By the execution of this Release, the Lessee voluntarily releases, forever discharges and agrees to indemnify, defend and hold harmless Lessor from any and all liability of any nature for any and all injury or damage arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Lessor regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages, which may occur, and further agrees that Lessor shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Lessor shall not be responsible for such injuries, damages, loss or theft. EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY LESSOR, whether such negligence is present now or takes place in the future. This Waiver and Release does not apply to intentional torts by Lessor. LIABILITY TO THIRD PARTIES – The undersigned hereby agrees that he/she will indemnify, defend and hold harmless Lessor for all personal injuries, property damages, or any other damages to any and all third parties, including but not limited to, operators and passengers of other watercraft and minor children under the Lessee’s custody, care, and control as a result of any and all activities related to the rental, operation, or use of the Rental Craft, even if such damages arise out of the negligence or fault of Lessor. ACKNOWLEDGEMENT OF WAIVER AND RELEASE – The Lessee states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The Lessee further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The Lessee warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Lessor with the knowledge that signing this Release is a requirement for rental, operation, and use of said Rental Craft. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Lessor for Lessor’s negligence.