2008 HOUSEBOAT RENTAL CONTRACT
Between Emerald Cove Marina, Inc.
(“Company”) and the renter of the Houseboat (“Vessel”) described above.
Name: _______________________________________________________________
Address: _____________________________________________________________
City, State and Zip: _____________________________________________________
Confirmation #: _________________________
Rental Rental Maximum
Departure
Return
Item
Fee
Capacity
Date & Time
Date & Time
1. RENTAL PAYMENT: All rent for the Vessel must be paid in full 45 days prior to the boarding date, as shown above.
2. SECURITY DEPOSIT: The $____________ security deposit is a deposit against any outstanding charges, including refueling, sewage,
lost or damaged items, late returns, excessively unclean boats or damage resulting from negligent operation or activity on
the Vessel during the rental period or against any liability that renter may incur to the Company, including the loss of rental
income. Damage to or loss of the equipment or any of its contents can be well
in excess of the Security Deposit held, up to, and including the replacement cost of the equipment.
The Security Deposit is held
until the Vessel has been inspected, serviced and completely cleaned at the end of your vacation. If there is no damage to the Vessel or its contents, or loss of inventory, the only expenses you incur
are fuel and sewage costs. After the Vessel has been processed, we will finalize
your trip expenses and send you a detailed reservation recap.
3. FORM OF PAYMENT: Payment for deposits, rental, gas and supplies may be made by Cash, Check, VISA or MasterCard. (Checks are not accepted on same day rentals.) Credit card
payments are processed when received.
4. CONTRACT & CONFIRMATION: This contract is confirmation of receipt of my deposit and must be completed and returned prior to boarding
of the Vessel.
5. CANCELLATION & CHANGES: Any cancellation received within 45 days of your scheduled boarding date will result in the loss of the
entire rental fee. If the Vessel is re-rented, your payment, less your original
deposit, will be refunded. Cancellations must be made in writing and certified
mail is recommended. A $100.00 re-booking fee will be charged for any changes
made after original reservation.
6. GAS:
The gas tanks will be full at departure, and will be filled at the primary Renter’s expense upon returning the
Vessel. NO GAS CANS ALLOWED ON ANY
HOUSEBOAT.
7. SEWAGE:
Septic fees of $0.45 per gallon of sewage pumped is the primary Renter’s responsibility.
8. CHECK-IN & BOARDING: Boarding time is shown above. Renter may not board the Vessel
or other equipment until all paperwork has been completed and instructions about operation of Vessel and equipment has been
completed.
9. CHECK-OUT:
The Vessel must be unloaded, cleaned and returned to the gas dock at the assigned time on the return date shown above. Excessively dirty boats will be charged a minimum of $200.00 and will be determined
by the final
walk-thru by the Captain and
an Emerald Cove Marina employee. A late charge of $100.00 per hour or any portion
of an hour, may be charged on late returns and will be deducted from the deposit or charged to the Captain’s credit
card.
10. NO REBATES WILL BE MADE FOR LATE ARRIVAL OR EARLY RETURN. COMPANY IS NOT RESPONSIBLE FOR LOSS OF RUNNING TIME DUE TO EQUIPMENT FAILURE, WEATHER,
ILLNESS, ACCIDENTS OR CHANGES IN PLANS.
11. NO PETS ARE ALLOWED ON 60 FOOT AND 55 FOOT DELUXE HOUSEBOATS. NO SMOKING IS ALLOWED IN 60 FOOT AND 55 DELUXE HOUSEBOATS.
12. COMPLIANCE WITH LAWS:
During the term of this Agreement, I agree to comply with all of the laws and regulations of the United States,
the State of California and all local jurisdictions.
13. PERSONAL PROPERTY:
Company is not responsible or liable for loss, damage, or theft of personal property and belongings. Please confirm with your insurance agent prior to departure to ensure that Renter and Renter’s party
are adequately covered for any loss or damages of Renter’s or guests’ personal property.
14. VESSEL & EQUIPMENT RESPONSIBILITY: For the duration of the Agreement, I understand that I am fully responsible for the command and control
of the Vessel listed above (the “Vessel”) and all equipment on the Vessel, including, but not limited to, appliances,
appurtenances and supplies (the “Equipment”), and responsible for all persons who will embark on the Vessel during
the term of the Agreement. By signing this Agreement, I certify that I am competent
to handle and operate the Vessel and that I have sufficient practical knowledge of piloting the Vessel. I agree not to delegate any duties to any other person not similarly qualified, or use the Vessel for transportation
of persons or property for hire, nor to allow more than _____persons aboard the Vessel at any one time. I also agree that I am not in any way an agent, servant or employee of Company and will not permit any
repairs to be made or liens or accessories to be placed against the Vessel without first obtaining the express written permission
from Company to do so.
15.
I agree that I:
(a)
feel capable of operating the Vessel and any Equipment to my satisfaction prior to
taking possession of it;
(b)
will inspect the Vessel and the Equipment;
(c)
will not allow any person to operate the Vessel except a person included in the undersigned
below who is over the age of 25, holds a valid driver’s license, and known to me to be competent to operate the Vessel;
(d)
will be responsible for any and all operations of, on and with the Vessel.
16. PARTIES BOUND BY THIS AGREEMENT: It is my understanding and intention that this Agreement be binding not only on myself, but on anyone or
any entity, including my spouse, children, assigns, estate and my heirs, personal representative and next of kin, that or
who may be able to or does sue because of my damage, injury or death. It is my
further understanding and agreement that this Agreement is intended to and does release Company from any and all claims or
obligations whatsoever arising in any way from my participation in any boating or personal watercraft activities, use of Company’s
Vessel, the Equipment, facilities, premises and services while present on or using Company’s Vessel, the Equipment,
facilities, premises or services even if caused solely or partially by the negligence or other fault of Company.
17. NO WARRANTIES:
I acknowledge and agree that there are no implied warranties of merchantability or fitness for a particular purpose
or any other warranties, express or implied, applicable to the Vessel or any Company vessel, parts, appurtenances, equipment,
accessories, instruments, components, or other products or goods regardless of the source of such goods and each of the undersigned
hereby waive all remedies, warranties, guarantees or liabilities, expressed or implied, arising by law or otherwise including
all consequential damages, whether or not occasioned by the negligence of the supplier of such goods or any other reason,
on account of damage, death or injury to person or property caused by or resulting from the manufacture, construction, design,
formula, development of standards, preparation, processing, assembly, inspection, testing, listing, certifying, warning, maintaining,
instructing, marketing, advertising, packaging or labeling or repairing of any such product or component of a product.
18. DURATION OF RELEASE:
It is my understanding and intention that the Release below and Agreement be effective not only from my first rental
and or ride, but for all subsequent uses of Company vessels or presence or use of Company’s vessel, equipment, facilities,
premises or services in any way associated with Company.
THE UNDERSIGNED THEREFORE HEREBY
ACKNOWLEDGE AND AGREES THAT:
RELEASE,
ACKNOWLEDGEMENT OF RISK AND HOLD HARMLESS
Please Read Carefully. Do Not Sign Unless You Agree To The Terms and Conditions Of This Agreement.
In consideration of the services
of EMERALD COVE MARINA, INC., it’s agents, officers, volunteers, participants, employees, and all other persons or entities
acting in any capacity on their behalf (hereinafter collectively referred to as “Company”), I hereby agree to
release and discharge Company on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and
estate as follows:
19. I acknowledge that any vessel activities, including basic
vessel instruction, entails known and unanticipated hazards, dangers and risks that could result in physical or emotional
injury, paralysis, death or drowning to myself or third parties, or damage to my property or the property of others. I understand that such hazards, dangers and risks simply cannot be eliminated without
jeopardizing the essential qualities of the activity.
Captain’s Initials _________
20. These risks include, but are not limited to the following:
- Weather conditions that may change quickly, including but not limited to wind, rain, snow, lightning and excessive
heat and sun;
- Water conditions that may change quickly, including waves, currents, boat wakes, whirlpools and cold water temperatures;
- Exposure or overexposure to cold (Hypothermia) or heat;
- Damage, injury or death as a result of contact with aquatic or land animals, fish, birds or reptiles, either
on land or on water, including but not limited to areas in and around Company’s premises or staging areas;
- Damage, injury or death as result of traversing in or around Company’s premises or staging areas, including
but not limited to docks, ladders, equipment on the premises, mud, steep slopes, cliffs and rocks;
- Injury or death as a result of ingesting fresh water or contaminated fresh water, drink or food;
- Personal injury, death or property damage due to collision with motorized or non-motorized vessels, being hit
with vessel equipment, while launching and landing on shore whether on land or dock, collision with natural or manmade debris;
- Muscular or skeletal injury, strain or damage due to physical exertion, especially, but not limited, to my head,
wrists, arms, shoulders, legs and back;
- Lack of available life saving devices or services, or immediate medical attention, in case of injury;
- Injury or death as a result of lack of physical conditioning, existing diseases, conditions or ailments and
my own acts or omissions, including my lack of boating knowledge, experience or expertise;
- Injury or death as a result of being entrapped in a Vessel or falling out of a Vessel;
- Injury or death as a result of falling, capsizing or being slipped or ejected into the water either intentionally
or unintentionally, including while exiting or entering the Vessel;
- My own or other participants; attempts to exceed my or their boating skills and/or using a vessel in a reckless
manner;
- Failing to properly wear a personal floatation device;
- Failing to understand basic or other instructions provided by Company, its agents, guides or employees;
- Vehicular or pedestrian accident while being transported to or walking to or from Company’s premises or
staging area, including transportation to and from the Vessel or to and from the Company’s facilities and equipment;
and
- Error, inattention or negligence on the part of Company, its officers, agents, guides and employees, including
inadequate instruction or assistance.
Captain’s Initials _______
21. I expressly agree and promise to accept and assume all
of the risks existing in this activity. My participation is purely voluntary,
and I elect to participate in spite of these risks.
22. I understand that Company does not have or provide any
insurance that would provide coverage for me with regard to the risks described in paragraph 20 of this Agreement. Consequently, I understand that any insurance coverage for those risks would be provided by my own insurance
company and Company does not know and cannot say whether any insurance I might have will provide coverage for the risks described
in paragraph 20, I understand it is my duty to make my own inquiries regarding any insurance I might have, and whether any
coverage that insurance might provide would encompass the risks enumerated in
paragraph 20.
Captain’s Initials ________
23. Despite the risks described in paragraph 20, I nevertheless
hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Company for any and all claims, demands
or causes of action which are in any way connected with my participation in this activity or my presence on or use of the
Vessel, Company equipment, facilities or premises, including any such claims which allege negligent acts or omissions or other
fault of Company that solely or partially cause property damage or personal injury or death.
Captain’s Initials ________
24. By signing this document I acknowledge that if anyone
is hurt or property is damaged while I am using the Vessel, or during my presence on or use of the Vessel or Company’s
equipment, facilities, premises or services, I may be found by a court of law to have waived my right to maintain a lawsuit
against Company on the basis of any claim, including subrogation, from which I have released it herein, including claims that
the Company was solely or partially negligent or otherwise at fault with respect to such damage, injury or death. I acknowledge and agree that I have had sufficient opportunity to read this entire document. I have read and fully understood it and I agree to be bound by its terms.
Captain’s Initials ________
I therefore agree, on behalf of
myself, my heirs, representatives, survivors and assigns, to release, hold harmless, and indemnify Company, its officers,
directors, employees, agents, subsidiaries, legal representatives and assigns (collectively the “Company”), from
and against any and all liability for any and all claims of any kind or nature whatsoever (including subrogation) arising
out of or relating to my presence on or use of the Vessel, Company’s vessels, equipment and/or premises, including without
claims arising out of or relating to death, injury or damage resulting in solely or partially from the negligence or other
fault of the Company.
I also hereby expressly agree that
even if other provisions of this Agreement are deemed invalid, void, unenforceable or inapplicable, and even if Company or
its agents or employees are found to be solely or partially negligent or otherwise at fault, Company’s liability, including
on claims of subrogation, for loss, injury, death or damage to any person(s) or the Vessel arising out of or relating in any
way to this Agreement shall be absolute with a maximum limit of liability of no more than the amount paid to rent the Vessel
or $1000, whichever is greater.
I also hereby agree that any
dispute, claim or controversy arising out of or relating to this Agreement must be settled by binding arbitration pursuant
to the Rules and Procedures of the American Arbitration Association (“AAA”) (or a different arbitration organization
if Renter so chooses) then in effect in Yuba County, California, the United States.
_____ _____ _____ _____ _____ _____ _____ _____ _____
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Initials of all on board
The parties also hereby waive their
right to discovery (except as allowed under AAA Rules or the other arbitration organization’s rules), a trial by jury
and the right of appeal that would normally apply to court proceedings and judgments.
The substantive and evidentiary law applicable to all controversies decided by arbitration shall be the Federal Maritime
Law and the Federal Rules of Evidence. This Agreement shall be enforceable and
judgment upon any award rendered by any AAA Arbitrator may be entered by any court having jurisdiction.
This constitutes the entire agreement
and understanding between me and Company. This agreement supersedes or replaces
all previous agreements, discursions or understandings, whether oral or written between me and Company.
DO NOT SIGN THIS LEGAL CONTRACT IF YOU DO NOT WANT TO ABIDE BY IT!!
ALL PERSONS WHO GO ABOARD THE HOUSEBOAT MUST SIGN
PARENTS OR GUARDIANS MUST SIGN FOR MINORS OR INCOMPETENTS
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