To be completed by the operator/driver of the rental.
Initial each section below to acknowledge that you’ve read and accept each of the terms of this rental agreement.
Definitions “Agreement” means all terms and conditions found in this form. “You” or “your” means the person identified as the renter, any person signing agreement, and any authorized driver and any person or organization to whom charges are billed by us as its or the renters’ direction. All persons referred to as “you” and “your” are jointly and severally bound by this agreement. “We”, “our”, or “us”, means Mac Adventures LLC. Authorized driver means the renter and any additional driver listed by us on this agreement, provided that each such person has a valid driver’s license and is at least 18 years of age. Vehicle means the any Mac Adventures powered boat listed in this agreement and any vehicle we substitute for it.
Rental Indemnity and Warranties This is a contract for a rental of a vehicle. We may repossess this vehicle at your expense without notice to you, if the vehicle is abandoned or used in violation of the law or this agreement. You agree to indemnify us, defend us, and hold us harmless of all claims, liability costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the vehicle. We make no warranties, express, implied, or apparent, regarding the vehicle, no warranty of merchantability and no warranty that the vehicle is fit for a purpose.
Condition and Return of the Vehicle You must return the vehicle to the location we specify, on the date and time specified in this agreement, and in the same condition that you received it, except for ordinary wear. I agree to pay Mac Adventures LLC a late fee of twice the vehicles 1-hour averaged rate for the extra time I used it. If the vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, the vehicle until we inspect it upon our next opening for business.
Vehicle Damage or Loss You are responsible for all damages to the vehicle, including damage caused by weather, acts of god, or terrain condition. You are responsible for costs of the repair or the actual cash retail value of the vehicle on the date of the loss if the vehicle is not repairable or if we elect not to repair it, whether you are at fault or not. You are responsible for the theft of the vehicle. You must report accidents to us and the police as soon as you discover them.
Charges You will pay us, or the appropriate government authorities, on demand, all charges do to us under this agreement, including: (a) court costs, towing, storage, and impound charges and other expenses involving the vehicle assessed against us or the vehicle. (b) All expenses we incur locating and recovering the vehicle if you fail to return it or if we elect to repossess the vehicle under the terms of this agreement. (c) All costs, including pre- and post- judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this agreement.
Credit Cards We may use your credit card to pay any amounts owed to us under this agreement.
Modifications No term of this agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the vehicle to our rental office for a written amendment by us of the due in date. This agreement constitutes the entire agreement between you and us.
Miscellaneous A waiver by us of any breach of this agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this agreement. Unless prohibited by law, you release us from any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
Vehicle will be operated in a safe manner. I hereby release Mac Adventures LLC of any financial liability or any other type of responsibility or liabilities for any injuries or accidents that occur during the rental period. It is my responsibility to know, understand and operate the vehicle in accordance to any and all laws making Mac Adventures LLC not responsible for my actions.
The use of said vehicles is an inherently dangerous activity that depends upon both the good decision-making and safe technique of the rider. Extreme care should be used when operating a power sport and rider/renter assumes the risk of extreme physical danger including injury and death in misuse or any rental vehicle from Mac Adventures LLC in the event that the rider/renter of the vehicle becomes injured or lost, the rider/renter acknowledges that they may be responsible for any search and rescue fees incurred by any third party in the course of rescue attempts. Furthermore, the rider/renter discharges Mac Adventures LLC from any claims, injury, or damages from use of its rental vehicles or trailers.
I am completely financially responsible for any and all damages that occur to the vehicle during the time and date rented out until the vehicle is returned and checked over completely by an authorized employee of Mac Adventures LLC, in satisfactory condition. I understand that I am financially responsible for any and all damage to the items that I am renting, using, or borrowing from Mac Adventures LLC or any of its employees. I understand that I am completely liable for the theft or loss of any of the safety equipment including but not limited to the anchor, life jackets, radio, etc.
I agree to pay $75/hour in labor charges and suggested retail on brand new factory replacement parts if any damages occur during rental period, plus lost income for an 8-hour rental for each day the vehicle is out of commission. We DO NOT straighten or weld any damaged parts, or replace any damaged parts with used parts. If any part has any crack, any size, the part must be replaced with a brand-new factory part. I authorize Mac Adventures LLC to use my credit card towards any repairs necessary to restore the equipment back to the condition it was rented out to me in. If one or more of the machines has damages exceeding the value of that machine I will be required to purchase that vehicle for high Kelly Blue Book value at the time the vehicle is damaged. If the vehicle is not returned clean the renter is to pay a $50 cleaning charge. ALL DAMAGES AND/OR CLEANING MUST BE PAID FOR IMMEDIATELY!
I agree to respect the laws and regulations of the water ways. I AGREE TO STAY IN DESIGNATED AREAS AT ALL TIMES, and will not litter at anytime. I understand that I am completely responsible for any tickets or citations received during the rental period. I agree that all operators of the rented vehicle will operate in a safe responsible manner and obey all designated rules. I understand that it is illegal to operate any vehicles WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL!
I hereby agree to all the above conditions and statements on this agreement and everything I have written is true to the best of my knowledge. I have read this entire document and agree in full. I have had every chance to openly review this document. An employee from Mac Adventures LLC has provided me with an answer to all my questions and has given me thorough instructions on how to operate all rented or borrowed equipment. I do not and will not hold Mac Adventures LLC responsible for any medical or financial expense incurred during the rental period. I understand that I am volunteering for this activity and there is a high risk of injury to myself, others, and also the equipment.