Malibu Skier aka "Ski Machine"!

USE OF EQUIPMENT The Lessee will use the vessel and equipment in a good and careful manner and will comply with all the manufacturer's requirements and recommendations respecting the vessel and with any applicable law, whether local, state, or federal respecting the use of the vessel. The Lessee will use the equipment for the purpose for which it was designed and not for any other purpose. Only the Lessee and those people whose signatures appear on this Vessel Rental Agreement (Contract) will operate the vessel during this charter. Each operator agrees that he/she will review Lessor’s written materials on operation of the vessel and participate in orientation regarding the safe operation of the vessel. NOTE If the Lessee (operator) appears under the influence of alcohol, drugs or otherwise unfit to operate the vessel at the time of vessel pick up, we reserve the right to decline the rental and the Lessor may refuse to refund all associated fees to cover lost revenue. WARRANTIES The vessel will be in good working order and good condition upon delivery. Any known damage or problems will be listed on this rental agreement. Lessee will inspect the vessel, and its accessories, prior to use and leases the same without any representations by Lessor. If the vessel has damage or problems not listed on this agreement, Lessee must notify the Lessor before use of the vessel begins and on the first day of rental. Acceptance of the vessel by Lessee will be deemed to be acknowledgement that the vessel is staunch and seaworthy and in good operational condition. The Lessee will pay a damage deposit before taking possession of the vessel. The Lessor will refund the deposit to the Lessee at the end of the term provided that the Lessee has performed all the Lessee's obligations under this Agreement. Failure to return the vessel or accessories, or any damage thereto, may result in forfeiture of any security deposit. Retention of the security deposit by Lessor does not limit Lessor from pursuing any other remedy at law. EXCLUSIONS OF WARRANTIES LIMITATIONS OF DAMAGES Other than the Lessor expressly set forth herein, LESSOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF A BREACH OF THE CONTRACT, LESSOR SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH BREACH. If any other term of this agreement is found unenforceable for any reason, or any exclusive remedy fails of its essential purpose, this provision of waiver by agreement of consequential and incidental damages shall continue in full force and effect. LOSS AND DAMAGE Lessor is not responsible for any property left stored, lost, or transported by Lessee or any other person in, or upon vessel before, during, or after charter. To the extent permitted by law, the Lessee will be responsible for the risk of loss, theft, damage, or destruction to the vessel from any and every cause. Lessor carries insurance against general charter risk. Loss of inventory items, property of the Lessee, additional users, other parties, the propellers and outdrives are not covered by the insurance. Lessee acknowledges and understands that the vessel is to be left in clean, undamaged condition, in the same condition at commencement of the rental period. If the vessel is not left in suitable condition, Lessee acknowledges and understands that the Lessor reserves the right to charge Lessee for any repairs or special cleaning. Additionally, Lessee understands and agrees that the Lessor reserves the right to charge for any damages, repairs, replacement, or special cleaning of any damaged or lost real or personal property. Lessee acknowledges, understands, and agrees that by signing this Vessel Rental Agreement (Contract), he/she is authorizing Lessor to charge Lessee for any damages sustained. Such charges will be charged to the credit card on file for the rental. Lessee hereby assumes all risk and damage to the vessel. PROHIBITED ACTIVITIES The following activities are not permitted on the vessel. Violation of this provision could result in the immediate termination of this contract and forfeiture of all monies paid by the Lessee, including the full amount due for the rental regardless of how much time is remaining on the rental. No extra fuel or firearms on vessel • Smoking • Operating the boat while intoxicated • Operate the boat with more people on board than the boat is rated for • Allowing pets weighing more than 40 lbs. RELEASE AND WAIVER OF CLAIMS Renter does hereby remise, release, and forever discharge Boat Owner/ Lessor, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Renter ever had, now has, or which Renter’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Boat; or in any way arising out of the rental relationship between Renter and Boat Owner. INDEMNIFICATION Renter hereby expressly agrees to indemnify and hold harmless Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse, or abuse of the Boat. CANCELLATION POLICY If Lessor cancels his / her reservation within 7 calendar days of the reservation, Lessor shall forfeit the deposit. If the cancellation is due to inclement weather, then the deposit will be applied to an alternate date. There is no refund for early return. Lessor is not responsible for loss of running time due to equipment failure or weather. This vessel is equipped with Personal Floatation Devices (PFD’s). Each vessel lessee is assigned one PFD per person upon checkout. It is the boat owners policy that all children, 12 years of age or under, must always wear a PFD, be it underway, beached, or on the dock. Additionally, they must be worn while walking on the docks. We also feel it is prudent that all adults adopt the same policy. All people must wear life jackets while swimming from the boat. Because PFD’s come in a variety of types and sizes, boat owner advocates that you and your crew follow these important procedures: Try on all PFDs to ensure they fit comfortably snug • Do not attempt to alter your PFD. If it doesn’t fit, let the boat owner know immediately. • Determine the number of children, 12 years and under, and inform the staff. • Everyone must wear a PFD while using water skis, wake boards or other towable devices. Boat owner considers water safety paramount to a successful vacation on the water. Through your conscious effort to prevent accidents and injuries, as well as practicing safe boating procedures, your vacation will be a safe and memorable one. Although (Lessor’s) are exempt from needing a California Boater Card, boat owner advocates the California Boater Card Program which promotes boating safety on our waterways. Boat owner offers a rental discount to valid California Boater Card holders. ACKNOWLEDGEMENT OF RISKS, RELEASE AND AGREEMENT TO ARBITRATE (“ACKNOWLEDGEMENT VESSEL RENTAL AGREEMENT”) Lessee has read and agrees to the terms of this vessel rental agreement, the terms of which are incorporated. Lessee covenants to indemnify and hold Lessor harmless from all liability resulting from damage or injury to any person (including death), or property suffered on, in or about the vessel by reason of the Lessee’s use, navigation or operation of the vessel. 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 and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others. THIS VESSEL IS RENTED SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ABOVE. OPERATORS REPRESENT THAT THEY HAVE READ AND AGREE TO SAME.