Waiver, Indemnity and Lease Agreement
Beanie's Marina, LLC.
Waiver, Indemnity and Lease Agreement
Waiver, Indemnity and Lease Agreement
Beanie's Marina, LLC.
16777 7th St. N, Lakeland, MN 55043
This agreement made today between Beanie's Marina LLC, including it's owner(s) and agents (hereafter referred to as Lessor) and the undersigned (hereafter referred to as Lessee). Lessor leases to Lessee a watercraft and auxiliary equipment, upon the following conditions.
1. Lessee(s) and operator(s) are at least 18 years of age. The lessee may not allow any other individual to operate the watercraft during the course of the rental period.
2. Lessee(s) agrees to return the craft at or before the time specified above. Lessees further agree that a late fee of $200/hour will be charged for each hour, or any portion thereof that the watercraft is not returned. Late fees are charged in 15 minute ($50) increments, commencing with the first 15 minutes the boat is late.
3. At the end of this lease, the lessee(s) will return the watercraft clean and in as good condition as when leased. The customer is responsible for ALL damages incurred during the rental period. There are no exceptions. The lessee(s) agrees to pay for any and all damage incurred during the course of the rental period. Lessee further agrees to pay any late return fees or cleaning fees, as noted below. Said payment will be charged to the credit card on file and will be used to reimburse lessor for any damage or loss to any part of the watercraft, including but not limited to motors, gear drive, water pump, interior damage, or any inventory that is lost, damaged or destroyed. Payment may also be used to cover all or part of late return fees as stated in #2 above. Cleaning charge is $100. If the cost of damages exceeds $1000, the undersigned will be charged the actual cost of repairs or replacement of the damaged equipment, plus 20% service charge. The damages will be charged to the credit card number used for the reservation of the watercraft. If actual cost of damages cannot be determined immediately following the rental period, the lessee will be invoiced for the total amount due, as noted above. If funds cannot be obtained from the credit card on file, then the lessee will be required, within 2 business days, to pay the required fees, as indicated above.
4. Lessee(s) agree to reimburse Lessor for pulling and launching costs and any expenses incurred as a result of the damage, including but not limited to any refunds to customers due to lost cruising time.
5. Lessee(s) agrees to release the lessor from any liability of any type arising from the use of the watercraft and agrees not to pursue any claim or cause of action against the lessor, which may arise from the operation of the watercraft. The lessee(s) indemnifies and holds harmless the lessor, from and against any and all claims for loss or damages to property or injury (including death) to persons resulting through the use, operations or possession of said watercraft. Lessee(s) agrees to indemnify and save the lessor from all attorney fees incurred in the representation of the lessee(s) in defending any type of claim against them. Lessee(s) shall hold the lessor harmless should loss or damage occur to any of the lessee(s) in defending any type of claim against them. Lessee(s) shall hold the lessor harmless should loss or damage occur to any of the lessee(s) personal property while carried in or on the watercraft or any other cause whatsoever.
Lessee agrees to waive any and all liability and claims against Lessor for loss or injury (including death) resulting from use of leased property, and to indemnify Lessor against any and all claims, liability, and expenses (including attorney’s fees) asserted by anyone for personal injury (including death) or property damage (whether in tort or otherwise) arising out of or related to the use of, or misuse of, the watercraft by the undersigned or his/her invitees; and to assume full responsibility and pay lessor for any damages and/or repairs, at a reasonable rate to be determined by lessor.
6. Lessee(s) agree to operate the watercraft only in the navigation channel of the St. Croix River, except when approaching a beach or marina. Lessee(s) agree that operation of the craft outside the main channel except when approaching a beach or marina is considered negligence. Approach to beaches and marinas must be at a right angle to the channel so as to avoid traveling over low water areas, wing dams and other obstructions. The navigation channel is defined as the area between the red and green buoys. Permitted range of operation is between the Hudson swing railroad bridge (to the north) and Kinnickinnic State Park (to the south). Lessee(s) understand that operation beyond these boundary points is not permitted, and assistance from lessor (repair, tow, gas, or any other support or assistance) will not be provided outside of these geographical boundaries.
7. Lessee(s) agrees to operate the watercraft only during daylight hours and in compliance with all
Coast Guard, State and Local Regulations. Lessee has had the opportunity to review and ask questions about the Minnesota Boating Guide, as posted on the Beanie's Marina website.
8. Lessee(s) agree/s not to operate the watercraft after mechanical damage has occurred. If damage,
including shaking, vibrations, broken prop, etc. occurs, lessee(s) agree to immediately and safely park the watercraft and call for help.
9. Lessee(s) agrees to pay $250 per damaged prop if damage is repairable and $500 per prop if damage is beyond repair. Any additional damage to the engine or lower unit or any other part of the boat or engine, will be charged accordingly.
10. Engines must be visually confirmed off before passengers can enter the water from the watercraft, and must remain off for the duration that the passenger(s) are in the water. Lessee(s) agree that all passengers entering the water, will wear a life jacket. Only one person is permitted on the upper deck's of water craft equipped with upper decks. The weight limit of the upper decks is 250 lbs. The watercraft must be stopped with the engine turned off, before a passenger can occupy the upper deck. Passengers are not permitted to jump off the upper deck.
11. Because the experience and knowledge of each lessee varies significantly, the lessee is fully and wholly responsible for requesting additional training on the operation of the watercraft laws governing the safe operation of watercraft in Minnesota, or requesting a copy of the Minnesota Boat Laws and Regulations, to review. Note that the additional training, may encroach on the renter’s rental period. If for any reason the training instructor determines that the operator(s) of the watercraft fail to demonstrate competency in operation of the watercraft or its equipment which is deemed to constitute a risk to life or property, the craft will not be relinquished to that operator.
13. Lessee(s) agree/s not to operate the watercraft while under the influence of alcohol. Lessee(s) further agrees there will be no illegal drugs or substances on or around the watercraft while the watercraft is in their possession. Smoking is not permitted on the watercraft.
14. If mechanical problems occur or other issues issues occur that results in the watercraft becoming inoperable, the rental session will continue as scheduled and no refunds or rental extensions or reschedules will be issued.
16. The undersigned is familiar with the Minnesota Boat Laws and Safety Regulations for Boating prior to operation of the boat or equipment. A copy of Minnesota Boat Laws and Regulations, will be provided to the undersigned, for review, upon request only.
17. Lessor understands that all watercraft rentals will include a minimum of a quarter tank of gas, which is included in the rental price. Boats must be returned with enough gas to fully dock the boat. Any additional gas needed during the course of the rental period, is the responsibility of the renter. Additional fuel must be 89 octane or higher, and must not be ethanol, as ethanol damages marine engines. The undersigned assumes responsibility for damage incurred by the use of ethanol, low octane fuel, or other substances in the fuel tank. If the renter runs out of gas and marina staff bring gas to the stranded renter, the damage deposit will be forfeited, in full.
18. Rental prices quoted do not include 7.125% sales tax.
19. Due to very limited on-site parking, Beanie's Marina restricts parking to one vehicle per rental. This may require car pooling. Please inquire with marina staff about off-site parking options. Violations to the parking policy, will result in a $100 per vehicle charge.
20. If the weather is inclement for a period of greater than 1 (one) hour of the rental period, AND the rental is in the first half of the scheduled rental period, the reservation can be rescheduled with no penalty for the period of time that the rental period was reduced by the inclement weather. After the halfway point of the scheduled rental period, the rental is considered fulfilled and no rescheduling of lost rental time will be provided for. Weekday reschedules will be for another weekday. Weekend reschedules may be for either weekday or weekend. Refunds or partial refunds will not be processed due to inclement weather, unless the renter holds a state issued ID from a state other than Minnesota or an ID from an adjacent state to Minnesota (South Dakota, North Dakota, Wisconsin, Iowa). Lessee's with a state issued ID from Minnesota or an adjacent state to Minnesota, are not eligible for a refund, but will have the option of rescheduling the rental, if the weather meets the definition of enduring inclement weather. Inclement weather is defined as enduring (longer than 1 hour) heavy rain with lightning or hail, winds at 25 mph or greater. Inclement weather lasting one hour or less, does not qualify for a reschedule or refund. Low temperatures does not qualify as inclement weather. Light to
moderate rainfall does not qualify as inclement weather. Due to inaccuracies, weather forecasts of inclement weather are not used.
21. High water and river-wide no-wake orders. When the St. Croix river crests above 83', the DNR issues a river-wide no-wake order. This means that boats must travel at speed of no greater than 5 miles per hour. Because boating is permissible, albeit at reduced speeds, during high water and river-wide no-wake orders, no refunds or reschedules will be permitted. Rentals will continue unimpeded during high water and no-wake periods.
22. Lessee(s) agree that if they violate any covenant of this agreement he/she/they may be
removed from the watercraft and will forfeit any security deposit or rental time remaining as liquidated damages. By signing below, lessee agrees to the above terms. The person's whose name appears below, is accepting full and complete responsibility and liability for the rented watercraft and accompanying equipment, and all occurrences and incidents during the full rental period, including the welfare of all passengers. There are no exclusions or limits to what constitutes an occurrence or incident. The rental period is defined as the time that the lessee boards the watercraft, until it is safely returned and the lessee exits the watercraft. If it is discovered at any point after the rental period, and the lessee does not know or does not disclose an occurrence or incident, lessor will seek complete restitution for any loss incurred by said occurrence or incident, including but not limited to, legal fees and loss of income.
Signature indicating understanding and agreement with the above terms: