Rental Agreement
The Owner/Rentor
First Water, PLLC
721 Glider Ln
Belgrade, MT 59714
PH: 406-219-7285
support@firstwaterboats.com
* Customer/Renter must be at least 21 years of age.
The Owner/Rentor and Customer/Renter choose the stated addresses as their physical addresses at which legal proceedings shall be instituted and agree as follows:
Equipment Condition
The Owner states that to the best of his knowledge and belief that the rented equipment is in good order and condition and free of any known defects or faults which would affect its safe and reliable operation under normal use.
The Renter acknowledges that having inspected the equipment to his/her satisfaction and agrees that it is in compliance with the regulations pertaining to his intended area of use.
Rental Rate
The Renter hereby agrees to pay the Owner at the rate as listed.
Full payment is required at time of rental. Established open accounts are Net 30. Past due accounts bear late payment penalties at 1.5% per month.
All fuel used shall be paid by the Renter and the Renter agrees to return the equipment with a full tank of 91 octane ethanol-free fuel. In the event the fuel tank is not returned full the Renter will be charged $7.50/gal to fill the equipment.
Rental Period
Single day rentals start at 9 AM on the first day and must be returned by 5 PM the following day. Multiple day rentals start at 9 AM on the first day and must be returned by 5 PM on the last day.
The Owner agrees to rent the equipment to the Renter for the selected period. The Renter hereby agrees to return the above-described boat, equipment, motor and trailer to the Owner at the physical address listed above no later than 5 PM on the the last of the rental period.
Rental property must be returned on-time or First Water must be provided prior notice of any request for extended time. Unless expressly given permission failure to timely return rental property shall constitute a breach of this contract and Customer/Renter may be assessed a late fee of $50 per hour per every item of unreturned rental property listed on the contract. Failure to return equipment on time that results in First Water being unable to fulfill another rental agreement will result in a fee equal to the amount of the unfillable rental agreement.
Cancellation Policy
50% is due at time of reservation, remaining 50% is due in-store at time of rental pick up.
At least 48 hours prior to 9:00 AM on the day of check-in:
- Renter can reschedule at no fee.
- If the Renter cancels the booking, the Renter will be refunded the total amount paid at time of reservation.
- Renter can reschedule one time at no fee.
- If the Renter cancels the booking, the Renter will forfeit the total amount paid at time of reservation.
Adverse Weather Conditions
- If the weather and/or water conditions do not allow you to safely boat and only in the case of rentals of one day or less, you will be refunded the total booking amount in the form of a voucher valid for one year.
- If the weather and/or water conditions do not allow you to set out on a boat and in the case of rentals of more than one day, the two parties may jointly decide to either postpone or shorten the rental period.
Exclusions
Equipment shall not be used to carry passengers, goods or materials in excess of the rated passenger/weight carrying capacity. Equipment shall not be used to push, propel or tow another boat, barge or any other thing without the prior written permission of the Owner. The equipment shall not be used for any illegal purpose.
The equipment shall not be operated by any other person other than the Renter stipulated above without the prior written permission of the Owner. No passenger shall be carried on a boat whilst the boat is being towed by the trailer.
Damages and Insurance
The Renter acknowledges and understands that equipment is to be left in clean, undamaged condition, and in the same condition as at the commencement of the rental period. The Renter hereby agrees that he/she shall be held fully responsible for any and all loss of or damage to the boat or equipment or motor or trailer during the term of this Agreement whether caused by collision, fire, flood, vandalism, theft or any other cause, except that which shall be determined to be caused by a fault or defect of the boat or equipment or motor or trailer.
Owner has a reasonable amount of time to inspect the equipment. The Renter acknowledges, understands, and agrees that by signing this Agreement, he/ she is expressly authorizing the Owner to charge the Renter’s credit card on file for any repairs, replacement or special cleaning of any damaged, lost, or personal property.
Replacement parts must be purchased by the Owner and will be charged to the Renter at MSRP. Labor repair is $100 per hour. If equipment is deemed a total loss as determined by over 50% of the fair market value, Renter expressly agrees to pay Owner, immediately, the fair market value of said equipment, and agrees Owner maintains all salvage rights to any equipment deemed a total loss.
Repair/Service Calls
The Renter acknowledges and understands that the Owner cannot guarantee against mechanical failures of the rental equipment. The Renter shall immediately notify the Owner of defective or non-working equipment. The Owner shall make commercially reasonable efforts to repair or replace defective units as quickly and efficiently as possible, although this is not always possible during the rental period. Repairs due to normal wear and tear on the equipment will be made by the Owner.
Should a repair person make a call to repair, replace or recover a unit that is found to be in working order, and the problem was due to the Renter’s oversight, misunderstandings, damage, neglect, or misuse, the Renter agrees that the repair costs shall be billed to the the Renter’s credit card on file. The Renter must be given approval by the Owner to allow any mechanical adjustments to be made to the equipment. The Renter agrees to pay a recovery fee of $100 per man hour per person needed starting when the team departs First Water facilities and time ending when the team returns.
Authorize/Revoke Use of Equipment
The Owner reserves the right to:
(a) authorize the use of the equipment; and
(b) revoke the use of the equipment.
Decisions on the part of Owner regarding the use of the equipment by the Renter are made for safety reasons, including, but not limited to, the following: (a) unsafe operation of the equipment;(b) lack of sobriety of RENTER or any other person using the rented equipment; and/or (c) unsafe weather conditions.
Release of Liability/Assumption of Risk
The Renter understands and acknowledges that water sports are HAZARDOUS ACTIVITIES. The Renter understands that engaging in these sports and use of the equipment involve a risk of injury to all parts of the user’s body and POSSIBLE DEATH. The Renter, on his/her behalf and on behalf of all others who are involved with the boat and/or any other water activities during the rental period, agree to freely and expressly assume and accept all risks in the use of the equipment rented. In the event someone is injured during use of the watercraft or if someone other than the Renter is operating the equipment during the rental period and is injured, the Renter agrees to pay all deductibles and all cost for physical and property damage to any and all parties involved which are the fault of the Renter or any other person who was operating the watercraft during the rental period and until the equipment is returned to the control of the Owner.
The Renter further undertakes the sole responsibility to ensure that each person who engages in any water activities during the rental period executes a WAIVER AND RELEASE prior to engaging in any such water activities.
Liability Agreement
The Renter hereby releases and holds harmless the Owner from any legal liability from any and all liability for damage and injury or death resulting from the selection, maintenance or use of the equipment; and for any claims based upon negligence, breach of warranty, contract, claim, or other legal theory.The Renter accepts full responsibility for any and all such damages or injury which may result. It is understood and agreed that the rental fee is a presently earned fee for the use of the equipment and that the security deposit is a deposit against costs of repairs or cleaning that may be required because of physical damage to the equipment during the rental period or against liability that Renter may incur to Owner pursuant to this Agreement. The Renter acknowledges responsibility for all damages and/or losses to the equipment or any of its contents during that period. The Renter indemnifies and holds the Owner harmless from any loss, damages, expense or claim, including attorney’s fees, and costs arising out of Renter’s acts or omission to act, or those with the Renter during the use of the equipment during the rental period.
Jurisdiction
This Agreement hereby is construed and interpreted in accordance with the laws of the state of Montana.The parties hereto agree that they have read this document in its entirety, understand and agree to all terms and conditions. Failure to return property may result in criminal prosecution pursuant to section 45-6-309, MCA or 45-6-301, MCA.