Docking Upstate New York

1) DRIVER’S LICENSE IS REQUIRED – no one under 18 years of age and no one who is visibly intoxicated may rent any boat.

2) ALL BOATS MUST STAY BETWEEN THE BOQUET RIVER (2 MILES NORTH) AND WESTPORT (12 MILES SOUTH) unless previous arrangements made. Any boat that needs to be picked up or rescued out of this area may be charged up to $150.00 per hour.

4) ALL BOATS ARE DUE BACK NO LATER THAN 6PM (CLOSING TIME IS 6:00 PM) unless rented for more than one day or prior arrangements made with Essex Marina. You are solely responsible for all damage and loss due to wind, storm, theft, etc. If the boat is not at the marina overnight you may be required to move/retie the boat, when necessary, to protect it from winds, waves and other elements.

5) All reservations are made with the understanding that RESERVATIONS ARE CANCELLED WITHOUT NOTICE ONE HOUR AFTER YOUR PREARRANGED ARRIVAL TIME -

6) CANCELLATIONS – reservation deposits will only be refunded if you give notice at least

Cash, Traveler’s Checks, Visa, MasterCard accepted BEFORE the boat leaves the dock.

9) DEPOSIT RETURN – Upon return of boat, an inspection will be made, gas tank will be filled and deposit will be returned, minus the fuel and repair cost of any damage done to boat, motor, or new replacement value of any lost equipment. Trashed-out Boat Charge Minimum - $25.

10) PROPELLER RECONDITIONING FEE - $75.00 – The propeller will be inspected upon return of

the boat. Severe prop damage will result in new replacement and loss of entire deposit plus possible

11) NO REFUNDS_will be made due to poor weather or if the boat is returned ahead of schedule.

12) ALL FUEL IS EXTRA – Tanks will be full when you leave and must be filled upon return. If fuel mix is

required -50 : 1 mix with TCWIII oil only - No motor oil – (may cause engine damage)

13) BREAKDOWNS must be reported within the hour or normal contract charges will continue.

14) NO BOATS TO BE USED AFTER DARK – NO EXCEPTIONS – Each 24 hr. rental has 8 hrs. of paid rental, 8 hrs. of no use and 8 hrs. of darkness when no boats can be used. Therefore, mechanical breakdown time credit will only be given if it exceeds 8 hrs. or more per day in any 16 hrs. of daylight.

INSURANCE RELEASE

1) CUSTOMER / LESSEE agrees to take full responsibility for all damage up to the replacement value of the boat, motor and equipment and for all accidents and injury to any person or property. CUSTOMER / LESSEE understands that boating and/or water-skiing have many inherent dangers and agrees that extreme care must be taken in the operation and use of all equipment covered above.

2) CUSTOMER / LESSEE certifies that he/she is experienced and capable in all aspects of handling and operating the rental craft and equipment and further acknowledges he/she has carefully examined the craft and accessory equipment and finds it in suitable and acceptable condition for the purpose for which it is leased; that he/she will maintain both craft and equipment in a safe, dependable condition while in his/her custody.

3) CUSTOMER / LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters and persons. He/she further understands and agrees that LESSOR-ESSEX MARINA INC. shall not be held liable for damages, inconveniences or time lost caused by accident, breakdown or malfunction of the rental craft. CUSTOMER / LESSEE further agrees to indemnify and hold harmless the LESSOR-ESSEX MARINA INC., IT’S AGENTS AND EMPLOYEES from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. He/she further agrees to hold above named LESSOR harmless should loss or damages occur to any of LESSEE’S personal property while carried in or on the rental craft, including loss or damage caused by fire, water, theft or any other cause whatsoever.

4) CUSTOMER / LESSEE expressly agrees to indemnify and hold LESSOR-ESSEX MARINA INC., IT’S AGENTS AND EMPLOYEES harmless of, from and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing or this rental contract by LESSOR-ESSEX MARINA INC., including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce any of the terms/conditions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of LESSOR.

I /WE HAVE READ THE ABOVE AGREEMENT AND INSURANCE RELEASE AND FULLY UNDERSTAND THE TERMS AND CONDITIONS SET FORTH; I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT AND HAVE SIGNED AND INITIALED WHERE REQUIRED. INITIALS OF CUSTOMER / LESSEE _____________

BOAT RENTAL AGREEMENT / INSURANCE RELEASE

INSURANCE RELEASE