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Terms of Rental:
RULES AND REGULATIONS: Customer agrees to comply at all times with the terms and conditions of this Agreement and such Rules and Regulations as the owner shall establish from time to time, including those of Akwa Marina Yacht Club LLC owner and all of it's rules and regulations.
TERMS AND CONDITIONS: This customer is subject to the following:
Customer must be at least 21 years of age. The Owner may prohibit a customer from reserving or operating a boat or may terminate this customership, in the sole discretion of the owner, if any of the following occur:
Customer has not paid the Fees when due or customer is otherwise in violation of this Agreement;
Customer’s behavior or prior boat operation is unacceptable; or Customer fails to adhere to any applicable Rules and Regulations.
All reserved boats must be returned to Akwa Marina while daylight and no later than the end of the Reservation period. Customers are expected to return the reserved boat by the end of their scheduled Reservation time, unless other arrangements have been previously made through the main office. If you are late returning a boat, owner may charge an overdue fee of $0 to $200+, depending on the infraction. Fishing is not permitted on the boat. Boats may not be used for any commercial purposes.
The customer shall be solely and exclusively responsible for any loss or damage to boat and accessory equipment during a Reservation period until the reserved boat is inspected by the owner staff. At no time shall customer allow anyone other than the customer renting to operate said boat. If damage that occurs while a boat is in customer’s possession it will be noted and charged at check-in or after discovery of damage. However, if damage is discovered after check-in, and owner deems the customer to be responsible, the customer will be billed for all damage/cost/fees/services incurred by owner to restore the owner boat to the same condition as originally delivered to customer, and keep the boat operational. At owners sole discretion, customer may be denied boat Reservation until payment is received for any damage to a boat.
Owner will be responsible for reasonable towing charges unless it has been determined that the towing is necessitated by the customer’s recklessness or ignorance. Customer is responsible for any towing charges outside the regularly accepted towing limit by the tow company in that geographic area. Customer is responsible for all towing charges at any owner location.
Customer recognizes that the operation of any boat is a specialized activity that requires training and experience and has both obvious and non-obvious dangers associated with it. Customer acknowledges that many such dangers produce risk of injury to customer, customer's passengers, and the public in general regardless of the training and experience of the operator of the boat and regardless of the proper maintenance and condition of the boat. Accordingly, customer knowingly accepts sole and exclusive responsibility at all times for the safety of all persons and property on board the owner boat, and all persons who may come in contact with the owner boat, including customer, customer's passengers and the public in general. Customer AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD owner, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, LOSS, DAMAGE, EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS AND EXPENSES OF LITIGATION) FOR INJURY OR LOSS OF ANY SORT INCLUDING BODILY INJURY, DEATH, PROPERTY DAMAGE OR OTHER LOSS OF ANY KIND OR NATURE WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, PATENT OR LATENT ARISING FROM OR RELATING TO THE USE OR OPERATION OF AN owner BOAT. THIS RELEASE AND INDEMNIFICATION OF owner, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL EXTEND TO ANY INJURY OCCASIONED WHOLLY OR IN PART BY ANY ACT OR OMISSION OF owner, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. customer further understands and acknowledges that owner is not responsible for death, injury or property loss or damages resulting from or arising out of (i) the acts or omissions of any third parties or (ii) customer's operation of the boat and related water sport activities, including without limitation, swimming, diving, snorkeling, water skiing, knee boarding, wake boarding and tubing. The customer shall hold owner harmless and shall indemnify owner against any claims by any persons arising from such water sport activities.
Customer's rights are for the prepaid use of owner boats only, and nothing contained in this Agreement is intended or shall be construed as creating any rights of ownership, legal or equitable, in of the boats or in owner, its stock or assets. customer shall comply with all applicable governmental laws, ordinances, orders, and regulations now in force or which may hereafter be in force insofar as they pertain to the use, operation and utilization of boat. Customer shall also comply with all requirements of any insurance companies providing insurance for owner and the rules and regulations of any marina or other docking facility in which owner boats are located.
Any of the following shall constitute an event of default with respect to this Agreement: (a) any failure by customer to pay when due the full amount of any deferred payment under obligation, debt installment or other charge hereunder; (b) failure of customer to abide by and adhere to the Rules and Regulations of owner or of the marina where owner's boats are docked, as now in effect or as hereafter amended; (c) the failure or inability of the customer, as demonstrated to owner, in it's sole judgment, to operate the boat in a safe, alert, reasonable and cautious manner; or (d) customer's' use of a owner boat in any manner that poses a nuisance upon the water, or a substantial risk of personal injury, death and/or property damage. No waiver or indulgence by owner with respect to any given default shall constitute a waiver of owner's rights with respect to any subsequent default or breach.
Customer is responsible for paying 100% of all damages. A quote for the damage will be obtained from Irwin Marina a reputable service provider in the area. It's the responsibility of the customer to examine the boat also and point out any damage before hand. The owner inspects each boat before the customer arrives. Thoroughly checking the prop and entirety of the boat.
Customer is responsible for any damages caused to the docks at Akwa Marina Yacht Club, LLC or other boats in the marina.
Upon the occurrence of any event of default by the customer, owner may at it's option (a) terminate this Agreement and all customership rights of customer hereunder, and declare any and all of any portion of the customership Fees which have not been paid, to be immediately due and payable; (b) terminate this Agreement and all customership rights of customer arising hereunder, and retain as liquidated damages, and not as a penalty, all sums previously paid to owner by customer pursuant to this Agreement; or (c) avail itself of all legal and equitable remedies available in the event of any default, and shall take any such judicial action needed at the sole discretion of owner. The owner shall be entitled to reasonable attorney fees, costs and expenses incurred in any legal proceeding in the enforcement of this Agreement. customer and owner each irrevocably and unconditionally (a) agree that any suit, action, arbitration or legal proceeding arising out of or relating to this Agreement shall be brought exclusively in Belknap County, New Hampshire; (b) consent to the jurisdiction of any such court or arbitrator in any suit, action or proceeding; (c) waive any objection which it may have to the laying of venue of any such suit, action or proceeding in Belknap County, New Hampshire; and (d) agrees that service of any court or arbitration notice may be effected on such party by mail or in such other manner as may be provided under applicable laws or court rules of the State of New Hampshire.
IN THE EVENT IT IS DETERMINED THAT A DISPUTE BETWEEN THE PARTIES IS TO BE DETERMINED IN A COURT OF LAW, THE PARTIES TO THIS AGREEMENT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ARISING OR RELATING IN ANY WAY TO customerSHIP IN owner.
LIMITATIONS ON WARRANTIES AND LIABILITY: THE owner MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE INCLUDED IN THIS AGREEMENT. customer ACKNOWLEDGES THAT ALL BOATS PROVIDED BY owner ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WITHOUT IN ANY MANNER LIMITING THE FOREGOING, owner MAKES NO REPRESENTATIONS OF WARRANTIES AS TO THE QUALITIES, CAPACITY, OR OTHER ATTRIBUTES OF ANY OF THE BOATS, THE USE OF WHICH WILL OR MAY BE FURNISHED TO customer PURSUANT TO THIS AGREEMENT AND ANY SUCH REPRESENTATIONS OR WARRANTIES WHICH MAY BE MADE OR UPON WHICH customer MAY RELV ARE EXCLUSIVELY THOSE OF THE MANUFACTURERS OF SAID EQUIPMENT. owner SHALL NOT BE RESPONSIBLE OR LIABLE AT ANY TIME FOR LOSS OR DAMAGE TO PERSONAL PROPERTY BROUGHT BY customer, OR ANY OF customer'S FAMILY, GUESTS, INVITEES, OR THIRD PARTY ABOARD owner BOATS USED BY customer.
8) FORCE MAJEURE: owner shall be excused from performance, or any delays in performance hereunder, due to fire, flood, earthquakes, hurricane, acts of God, unavailability of materials, equipment or fuel, war, declaration of hostilities, revolt. civil strife, altercation or commotion, strike, labor disputes, epidemic, lack of or failure of fork-11ft or transportation facilities, mechanical breakdowns, any law, order, proclamation, regulation or ordinance of any government or subdivision thereof, or for any other cause whether similar or dissimilar to those enumerated, beyond the reasonable control of owner.
9) ALL AMOUNTS PAID BY THE customer PURSUANT TO THIS AGREEMENT, WHETHER BY WAY OF DEPOSITS, customerSHIP FEES, INSTALLMENT PAYMENTS, customerSHIP DUES, OR OTHERWISE, ARE IMMEDIATELY EARNED AT THE TIME OF PAYMENT, ARE NONREFUNDABLE AND SHALL NOT BE SUBJECT TO CLAIM FOR REFUND FOR ANY CAUSE WHATSOEVER.
10) GOVERNING LAW: This Agreement is a New Hampshire contract to be governed by, and construed in accordance with, the laws of the State of New Hampshire.