The Black Boat LLC, Beaufort NC

For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned parties, Will and Mary Phetterplace DBA The Black Boat LLC (“Boat Owner”) agrees to rent the Boat listed above (“Activity”) to Renter (identified above) for the time specified and subject to all terms and conditions set forth below. 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 Boat and Equipment. Renter acknowledges and understands that Boat and Equipment is to be left in clean, undamaged condition, in the same condition at commencement of the rental period. If rental Boat and Equipment is not left in suitable condition, Renter acknowledges and understands that Boat Owner reserves the right to charge Renter for any repairs or special cleaning. Additionally, Renter understands and agrees that 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; e. Allowing more people on the boat than what the boat is rated for;   4.       Renter Warranties and Representations. Renter represents and warrants the following:   a.       That he/she has a minimum of 3 years of experience operating vessels of a similar type and size b.       That he/she has no marine losses in the last ten years, no violations/suspensions (including auto) in the last five years and no criminal convictions or please of no contest ever. c.       Renter is 25 years of age or older. d.       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; e.       That he/she is adequately familiar with the operation of the boat; f.        That he/she will operate the boat in a safe manner at all times;   5.       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.   6.       Other Rental Agreement Statements.   a.       The boat may only be operated between dawn and dusk. NO NIGHTTIME OPERATION IS PERMITTED. b.       The boat is NOT permitted to enter open waters. Renter has been made aware of the boat’s limits and agrees to stay within the specified area (The Neuse River, Oriental, Beaufort downtown, Morehead City downtown, Bogue Sound, sound side of Shackleford Banks) Any trips outside of the specified areas must be preapproved. c.       It is the responsibility of the Renter to confirm that all required/recommended equipment is on the boat at time of departure. (Includes, but not limited to lifejackets, vhf radio/cell phone.) d.       Renter is solely responsible and accountable for any and all consequences attributable to their party’s consumption of alcoholic beverages during or prior to the period of the rental. Consumption of alcohol by any party on board is not recommended. e.       Pets, including but not limited to dogs, are not permitted without permission from Boat Owner. f.        Any legal cost or expenses connected with damages or collection of debt due to operation of the boat will be Renter’s responsibility. g.       The Black Boat LLC’s Staff has the authority to require return of the boat to the dock, if Renter cannot show safe operation of the boat on the water in the current or predicted conditions. h.       All participants under the age of 18 must be in the Care, Custody, and Control of a parent, guardian, or responsible adult at all times. i.         Swimming from the boat is not recommended. j.         Use of "Towed Sporting Equipment" (tubes, skis, knee boards and other such equipment) is not permitted. k.       If the boat is not returned at the end of its scheduled time, it will be subject to a late fee. l.         Any use or possession of illegal items, including but not limited to drugs, alcohol, or firearms is strictly prohibited. m.     Violation of any part of the rental agreement is grounds for immediate cancellation of the rental. All fees paid for said rental will be forfeited.   7.       Governing Law. This Agreement is governed, construed, and administered according to the laws of North Carolina, as from time to time amended, and any applicable federal law. No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of North Carolina.   8.       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.   RENTER HAS READ THIS AGREEMENT AND FULLY UNDERSTANDS ITS TERMS. BY SIGNING THIS AGREEMENT, RENTER ACCEPTS AND FULLY AGREES TO ALL OF THE TERMS OUTLINED ABOVE.   Dated: _______________   __________________________________ Renter’s Signature   The Black Boat LLC, Boat Owner   __________________________________ Authorized Representative