Crest Pontoon Policies

TERMS AND CONDITIONS

Lessee to read all pages and initial each page before signing this Pontoon Boat Rental Agreement (this “Agreement”).

In consideration of this Agreement, Knotty Oar Marina Corporation (herein after referred to as the LESSOR) agrees to lease to the undersigned (herein after referred to as the LESSEE) the boat, equipment and furnishings described above and herein (collectively, the “Pontoon”).

1. Lessee agrees and acknowledges that the Equipment may be operated only by Lessee and, if applicable, the additional driver(s) named above (collectively, the “Additional Drivers”).  Lessee and, if applicable, all Additional Drivers, represent warrant that he/she (i) possesses all necessary experience and skills and is capable to safely operate the Pontoon provided under this Agreement, (ii) is over the age of 25, and (iii) possesses a valid driver’s license.  In addition, Lessee shall not allow any other persons to operate the Pontoon.  Lessee agrees that Lessee is solely responsible for the proper use and operation of the Pontoon by Lessee, any Additional Drivers, and all members of the Lessee’s party. 
2. Lessee shall return the Pontoon to Lessor, at the same location and in the same condition as the Pontoon was provided by Lessor (normal wear and tear excepted), no later than the end of the rental period set forth in this Agreement.  In the event the Pontoon is not timely returned at the completion of the rental period, Lessee shall pay to Lessor additional rental fees as follows: Less than 30 minutes will incur a $50.00 fee, 31-59 minutes will incur a $100.00 fee, 60 or more minutes will incur rental fees on an hourly basis, in one hour increments, at the rate of $200.00 per hour.
3. Lessee agrees and acknowledges that the Pontoon is being provided by Lessor in AS IS condition.  Lessee represents that he/she has examined the Pontoon and finds it acceptable and suitable for Lessee’s purposes and that Lessee is not relying upon any representation or warranty by Lessor (including, without limitation, as to the quality, condition, character, or fitness of the Pontoon) in executing this Agreement.  Lessee and Lessor have completed the Boat Inspection Checklist and Lessee has made note of any damage to the Pontoon prior to execution of this Agreement.
4. Lessee shall immediately report any accident, malfunction or breakdown of Pontoon to Lessor. Continued use of the Pontoon shall be entirely at the Lessee’s risk and Lessee assumes all liabilities of injury and damage to all persons and property (including the Pontoon) that may occur from continued use.
5. Lessee shall deposit with the Lessor the sum of $500.00 by credit card or cash as a security deposit (“Deposit”) and as surety that Lessee will comply with its obligations under this Agreement, including (without limitation) Lessee’s obligation to return the Pontoon to Lessor at the end of the rental period in the same condition and to the same location as provided by Lessor, normal wear and tear excepted.  Upon Lessee’s full and complete compliance with the terms and conditions of this Agreement, the Deposit will be refunded to Lessee.  In the event of damage to or loss of the Pontoon, the nonpayment of rental fee, Lessee’s failure to re-fuel or pay any expenses of returning the Pontoon as required under this Agreement, said Deposit shall be applied toward any costs incurred by Lessor for such cleaning, damage, loss or expense.  Notwithstanding anything to the contrary set forth herein, Lessee shall remain responsible for all costs, losses and/or expenses incurred by Lessor as a result of any violation of this Agreement, including (without limitation) the negligent or willful acts of Lessee, Additional Drivers, and/or any members of Lessee’s party. Lessee shall timely reimburse Lessor for any and all charges, costs, losses, damages and/or expenses incurred by Lessor arising out of or relating to any violation or breach of this Agreement by Lessee, including (without limitation) any damage or loss of or to the Pontoon, or any part thereof.  Without limiting the foregoing, Lessee authorizes Lessor to charge Lessee’s credit card for any such charges, costs, losses, damages and/or expenses exceeding the Deposit. Lessee shall bear full liability to Lessor for the full and actual costs incurred by Lessor for the cleaning, repair and/or replacement of all or any portion of the Pontoon (other than routine maintenance, and normal wear and tear) caused or occasioned by or in any manner relating to the actions or inactions of Lessee, whether or not the same constitutes a breach of this Agreement.  By way of example only, and without limiting Lessee’s obligations under the preceding sentence, Lessee acknowledges the following estimated costs for lost or damaged equipment: Lifejacket (PFD) $30.00, Propeller $180.00, Bumper/Fender $50.00, Lower Unit $3,500.00, Bimini Top $2,000.00, Ladder $250.00, Anchor $100.00, Rope $25.00, Table $250.00. Lessee understands and agrees that all cleaning, replacements and repairs will be performed and/or coordinated solely by Knotty Oar Marina Corporation, in its sole and absolute discretion.
6. Lessee agrees to return the Pontoon to Lessor, upon the completion of the rental period, with the same amount of fuel as when the Pontoon was provided to Lessee hereunder.  Lessee acknowledges that the Rental fees required hereunder do not include the cost of refueling the Pontoon.  Lessee agrees that the Pontoon must be refueled at Knotty Oar Marina.  If Lessee fails to return the Pontoon with the same amount of fuel as when it was provided hereunder, Lessee agrees to pay the Lessor for the cost of any fuel used, at Lessor’s then-prevailing fuel rates.
7. Lessee shall not use, or permit any others to use, the Pontoon for any illegal or unlawful purpose, or in a careless or negligent manner.  Lessee and all Additional Drivers agree not to operate the Pontoon while under the influence of alcohol or drugs (including prescription and non-prescription medications that impact the operator’s judgment).
8. Lessee acknowledges that Lessor recommends that all passengers wear a life jacket while onboard the Pontoon.  Lessee further acknowledges that Minnesota law requires that all children ages 10 and under must wear a life jacket while onboard a watercraft.
9. Lessee and all Additional Drivers understand that Federal and State law prohibit the operation of a watercraft while persons are sitting on the front (bow), sides (gunwales), rear (stern), or swim platform.  Lessee acknowledges that any failure to comply with such laws shall be deemed gross negligence under this Agreement.  Lessee and all Additional Drivers understand and acknowledge the particular danger of sitting on the front platform of the Pontoon because a slip between the pontoons may “funnel” a passenger into the boat propeller.
10. Lessee and all Additional Drivers understand that there is an awareness zone that includes the front (bow)/platform, sides (gunwales), rear (stern) and swim platform, and extends 30 feet behind and around the Pontoon.  Lessee and all Additional Drivers shall not allow passengers to enter the awareness zone unless the Pontoon has been turned off, the keys are removed and the propeller has stopped spinning.
11. Lessee and all Additional Drivers acknowledge that it is his/her responsibility for the safe and proper operation of the Pontoon; and for the safety and welfare of other boaters, persons, and passengers.  It is agreed and understood by Lessee and all Additional Drivers that the Lessor shall not be held liable for any damages, loss, inconvenience or time lost arising from or relating to any accident, breakdown or malfunction of the Pontoon.  Lessee and all Additional Drivers further agree to indemnify and hold harmless the Lessor and its agents, affiliates, and personnel from, and against any and all liability, costs, claims for loss of or damage to property or injury to persons (including death) resulting through or in any way relating to Lessee’s and/or any Additional Drivers’ use, operation or possession of the Pontoon.  Lessee and all Additional Drivers further agree to hold the Lessor harmless for any loss or damages to any of personal property while carried in, or on, the Pontoon, including loss or damage by fire, water, theft or any other causes whatsoever.
12. Lessee shall not, nor permit any other person to, (1) swim, jump or dive off the Pontoon while it is in motion or the engine is running; (2) tie or in any manner attach the Pontoon with or to another boat; (3) carry passengers or property for hire or use the Pontoon for any business purposes; (4) use the Pontoon to tow or propel another boat; (5) race the Pontoon; (6) use the Pontoon in a negligent manner or for any illegal purpose; (7) use the Pontoon outside of Prior Lake; (8) operate the Pontoon after sunset; (9) water-ski behind the Pontoon and (10) smoke, cook or utilize any appliance or open flame while onboard the Pontoon.
13. No towing of any kind is allowed including, but not limited to, other watercraft, water skiing, wake boarding, wake surfing, or any other similar activity.
14. Lessee and all Additional Drivers will remain onboard the Pontoon whenever it is unanchored.
15. Lessee will not exceed the maximum number of passengers allowed on the Pontoon as set forth above.
16. Lessee and all Additional Drivers acknowledge that he/she understands what to do in the case of a person overboard, collision, or other dangerous situation.
17. Lessee shall pay a cleaning fee of $50.00 if the Pontoon is returned in a manner that will take extra effort to clean (including, without limitation, extra amounts of sand, stains, food, trash, etc).
18. Lessee shall not permit any pets, portable gas cans, grills or kegs of beer on the Pontoon.
19. Fishing is allowed but Lessee shall not allow fish to be cleaned on the Pontoon.
20. Lessee and all Additional Drivers expressly agree to indemnify and hold Lessor and its agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fees and costs (whether or not there is a lawsuit) in connection with the enforcing of this Agreement by Lessor, including expense incurred in connection with attempting to collect any amounts to be paid by Lessee hereunder and in the event of suit by Lessor, to recover possession of the Pontoon or any other property and/or to enforce any terms, conditions and/or provisions hereof.  It is understood and agreed that this Agreement shall be construed in accordance with Minnesota law, and the exclusive forum for any action arising from or relating to this Agreement shall be the state courts located in Scott County, Minnesota.
21. In the event of rain or a severe weather warning (that includes Prior Lake) at the commencement of the rental period, Lessee shall have the option to re-book the rental for another time within 365 days of such cancelation.  In addition, Lessor reserves the right to cancel Lessee’s reservation, at any time, for weather related concerns provided, however, that Lessor shall allow Lessee to re-book the rental for another time within 365 days of such cancelation.  Lessor shall not be responsible for rental interruptions due to poor weather or circumstances beyond Lessor’s control after the rental period has started.   Under no circumstances will a refund be issued to Lessee due to weather.
22. Lessee and all Additional Drivers are familiar with Prior Lake and will not go into restricted or unsafe areas.  Lessee and all Additional Drivers agree to stay away from shallow waters and areas that may contain rocks, submerged objects or other material which may cause damage to the Pontoon and/or injury to any person.  Lessee and all Additional Drivers agree to abide by all No Wake Zones and other marked areas. Lessee understands that there is a No Wake Zone on Prior Lake within 150 feet of all shoreline in addition to specified channels and other marked areas.  Lessee is responsible for all damage, violations and expenses resulting from the operation of the Pontoon in a No Wake Zone and/or other marked areas.
23. Lessee shall abide by all rules and regulations set forth herein, posted at Lessor’s marina and/or on the Pontoon, and/or otherwise promulgated by Lessor regarding the use of the Pontoon and Lessor’s facilities.  Lessee acknowledges that he/she has read and understands said rules and regulations and, further, expressly assumes all responsibility and liability for the compliance by Lessee’s family and or guest(s) with such rules and regulations. Moreover, Lessee shall comply with all local, State and Federal boater safety laws, rules and regulations.

LESSEE(S) CERTIFY THAT THE PRINTED MATTER ON ALL PAGES OF THIS AGREEMENT HAVE BEEN READ AND THE TERMS AND CONDITIONS SET FORTH HEREIN ARE FULLY UNDERSTOOD.