Contract For Riverside Canoe Rentals
(Rental Agreement)
It Is Agreed:
1. Rental Property - Description of Property
Renter hereby rents to Rentee on the terms and conditions as specified in this document; the following described equipment:
________ Osage Canoe (s) serial number (s) are: 1.GBFX0953G002 2. GBFX0955G002 3.GBFX0956G002 4.GBFX0962G002 5.GBFX0963G002
6. GBFX0964G002 7.GBFX0965G002 8.GBFX0966G002 9.GBFX0967G002 10.GBFX0969G002
Inner Tubes _____ Cash - Yes ______ No _____ Patch Kit - Yes_______No_______ Pump - Yes_______No_______
____1__– large Canoe Trailer (RED) License Plate Number: 0948 Yes_____No_____ Other equipment to be used by Rentee and/or party includes
(____ Life Jackets) (____Canoe Paddles) (____Canoe Tie Downs) (____Canoe Blocks)
(_____ ) - Extra Emergency Flotation Cushion (s) / Padded Seat (s) (1 is supplied for each canoe)
2. Disclaimer of warranties and Waiver of Defenses
A. No warranties by renter
RENTER IS NEITHER THE MANUFACTURE, NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT, AND MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE FITNESS, MERCHANTABILITY, DESIGN, CONDITION, CAPACITY, PERFORMANCE OR ANY OTHER ASPECT OF THE EQUIPMENT OR IT'S MATERIAL OR WORKMANSHIP. Renter further disclaims any liability for loss, damage, or injury to Rentee or third parties as a result of any defects, latent or otherwise, in the equipment arising from the Rentee's negligence or application of the laws of strict liability. As to the Rentee: Rentee rents the equipment "AS IS"
3. No cancelable lease
THIS CONTRACT CANNOT BE CANCELED DURING THE TERM BY RENTEE AS SET FORTH IN PARAGRAPH 4 (TERM), PARAGRAPH 8 (ADVANCE RESERVATIONS), AND IN PARAGRAPH 9 (RAIN DAYS RESCHEDULING) IN THIS CONTRACT OR ALTERED AS SET FORTH IN PARAGRAPH 21 (ENTIRE AGREEMENT/MODIFICATION).
4. Term
The agreement on this rental contract will begin on (Date) _________________________Time: _________A.M. _____P.M. _____ and end on
(Date) ___________________Time: ________A.M. _____P.M. _____
5. Late fees
There is a one hour late grace period. After 1 Hour of being late in the return of your canoe/s rental there will be a late fee of $20.00 per hour, per canoe thereafter for any rental AS SET FORTH IN PARAGRAPH 4 (TERM).
6. Rent
The rent under this contract shall be paid in an advanced basis. The day rate shall be the sum of _________and is due on or before the start date as set forth in paragraph 4 (TERM) above.
7. Deposit
Rentee shall leave a credit card number or signed credit card slip. This will be used for the securing of a rental date / time, equipment supplied, repairs / replacement etc. which henceforth will be known as a security deposit and is due on or before the start date as set in paragraph 4 above. Renter may apply such security deposit for any cost of recovery of the equipment or repair of the equipment upon its return {except for ordinary wear and tear), and to collect any other obligations under this rental agreement. The security deposit will be returned (if all conditions of the rental agreement are met) upon completion of the rental agreement.
8. Reservations:
All reservations must be paid in full since other possible rentals will be turned down for that same day/time frame. We do not give refunds but offer a rescheduling of your canoe rental date/s instead.
9. Rain days rescheduling
Renter has up to 48 hours before the date of the rental agreement as set forth in paragraph 4 (TERM) to decide whether or not to reschedule, and to decide if bad weather would make it possible or not for the Rentee and/or party from otherwise completing the fulfillment of their rental obligation. The rescheduling of the rental is then to be filled anytime, as can be an agreed-upon, between the renter and Rentee. The rescheduling will take place at a time of more favorable weather conditions. All contracts, that need to be rescheduled, will be rescheduled around other reservations due to the previous obligations and commitments of other contracts. If the rescheduling date for the Rentee to complete the previously agreed-upon contract is not completed by October 1st in the same calendar year, as the contract was signed, the account will be considered in default. Renter agrees that any moneys or financial instruments being held to secure the require reservation (s) will be used in the collection of any financial obligation to Riverside Canoe Rentals resulting from the same rental contract considered to be in a default status as outlined in paragraph 16 (DEFAULT OF CONTRACT).
10. Care and Use
Rentee, at Rentee's own cost and expense, shall maintain and keep the equipment in good repair, condition and working order, shall use the equipment lawfully, in a careful and proper manner, and shall not alter the equipment without renter's prior written consent. This rental and the equipment rented are nontransferable, and no person or entities other than the renter may use, store or operate the equipment without written authorization from an authorized representative of Riverside Canoe Rentals.
11. Risk of loss
Rentee shall bear any and all risk of loss and damage to the equipment from any and every cause whatsoever, occurrence of such a loss or damage shall not relieve Rentee of any obligation of this agreement. In the event of any loss or damage to the equipment, Rentee, at Renter's option, shall either place the damaged equipment in good repair, condition and working order, or pay the Renter replacement cost of the equipment.
12. Insurance
Individual accident liability insurance is not provided to canoe renters by Riverside Canoe Rentals. Participants must recognize that all water sports are of a physical nature and involve some risk while swimming or paddling a canoe on any body of water along with other physical stresses put on the body from lifting, carrying, loading, unloading or anything that is physical. I hereby state that I (Rentee's Name)_____________________ ________ understand that the risk of injury from all activities involved on any body of water (s) as in any sport are significant, including the potential for possible heatstroke, sunstroke and death. I understand and acknowledge that Riverside Canoe Rentals is in no way making any representation to the Rentee or third parties participants’ physical ability to participate in any canoeing activity. I have no known health problems or medical conditions, which could in any way be exacerbated by any planned paddling activity that I participate in. I assume all health risks associated with such activity. I further understand and assume all the risk associated with general outdoor activity, and the hazards that may be presented by natural causes or acts of other persons or animals, whether negligent or intentional.
13. Delivery Upon Termination of Agreement
Upon the expiration or early termination of this agreement, Rentee shall return equipment to Renter. Rentee at Renter's expense shall return the equipment in good repair, condition and working order; excepting only ordinary "wear and tear" resulting from the proper use and shall deliver the equipment to a place and in a matter reasonably specified by Renter. If the equipment is not immediately returned to the renter upon the termination or expiration of the contract, this agreement, at the option of the Renter, shall be extended indefinitely on a day-to-day basis at the same daily rental rate. However nothing in this paragraph entitles Rentee to continue this lease beyond the terms specified above.
14. Taxes
Renter shall keep the equipment free and clear of all levies, liens and encumbrances. Renter shall pay all taxes, used, excise, personal property, stamp, documentary and ad valorem taxes, license and registration fees, assessments, penalties and similar charges imposed on the ownership possession or use of the equipment during the term of this agreement.
15. Indemnity
Rentee shall indemnify and hold Renter harmless against any and all claims, actions, suits, proceedings cost, expenses, damages, and liabilities, including attorney fees and costs arising out of, connecting with, or resulting from the equipment or the agreement, including without limitation, the manufacture, selection, delivery/pickup, possession, use, operation, or return of the equipment.
16. Default of Contract
In the event Rentee defaults in payment of any rent or other amount or obligation after the same is due and payable, or if any credit or financial information submitted by Rentee to Renter is materially untrue, or Rentee defaults any other performance as obligated by this agreement, Renter may exercise any one or more of the following remedies.
A. To declare the entire balance of rent hereunder immediately due and payable and to similarly accelerate the balances under any other agreements between renter and Rentee without any notice or demand.
B. To sue and recover all rents, and other monies due, then accrued or thereafter accruing, with respect to any and all items on the equipment to the extent permitted by law.
C. To take possession of any or all items of the equipment, without notice or demand including the removal of any physical obstructions. This includes but is not limited to the disconnecting and separating of all such equipment from any other property, from wherever the same may be located, without any court order or other process of law. Rentee hereby waives any and all damages occasioned by such retaking.
D. To terminate the agreement
E. To pursue any other remedy at law or in equity Rentee shall remain liable for the full performance of Rentee's obligations under this agreement and any action or repossession that Renter may take but it does not act as a waiver of those obligations. All of Renters’ remedies are cumulative and may be exercised concurrently or separately by Renter.
17. Tile, Ownership
The equipment is, and at all-time shall remain, the sole exclusive property of Renter and no Rentee shall have any rights to title or interest therein, except as set forth in this lease. Rentee has no right to purchase or otherwise acquire title to ownership, of any of the equipment, or property of this agreement, no matter that the equipment or any part thereof may be, or hereinafter become, attached or fixed to real property or any kind of structure thereon.
18. Notices
Service of all notices under this agreement should be sufficient if given personally or mailed, postage paid, to the party involved at the address set forth below or to such addresses as such party may provide in writing from time to time. Any notice mailed to said address shall be deemed effective when postmarked, pre-stamped and duly addressed, in this United States mail. Notice to Renter shall be addressed to; Douglas Grulkey - C/o Riverside Canoe Rentals whose address is 630 Hickory Street in Riverside, Iowa 52327 and notice to Rentee shall be addressed to:
(Print Name) ________________________________ ______________________________________________
Whose address is (Print Address Associated with Card) ___________________________________________________________________
19. Attorneys Fees
In the event that any party files any legal action or suit to compel the performance of any provision of this lease, or to seek any interpretation of any lease terms herein, the prevailing party shall be entitled, in addition to cost, all reasonable attorney fees as determined by a court of competent jurisdiction.
20. Joint and Several Liability:
If more than one Rentee is named in this contract, each shall be joint and severely liable for all obligations set forth in this agreement.
21. Entire agreement/modification:
This lease contains the entire agreement between Renter and Rentee (s). No modification of this agreement shall be effective unless in writing and executed both by the Renter and Rentee.
22. Nontransferable Rental Contract:
This Rental contract and the equipment rental are nontransferable, and no person or entities other than the renter shall store or operate the equipment without written authorization from a representative of Riverside Canoe Rentals.
23. Miscellaneous Notes:
Captions; captions are used in this agreement for convenience only, and are not intended to be used in the construction or interpretation of this lease. Time is out of the essence in this agreement.
Canoe Rental Late Fees
Late Fee There is a one hour late grace period. After 1 Hour of being late in the return of your rental there will be a late fee of $20.00 per hour, per canoe thereafter.
24. Intent when providing financial information: (Read)
By providing financial information for any rental whether it is a canoe rental/tube rental/or kayak rental, the party providing this information has for all intents and purposes agreed to abide by this contract therefore making it binding and legal and enforceable. This contract will be binding whether the person providing such information for any rental has signed where it says signature of Rentee or not. Due to rentals being taken over the phone any Rentee providing such financial information agrees to all provisions in this contract and on the liability form thereof. By providing financial information for payment of a rental and or security deposit the party providing such information agrees that this is a binding contract and therefore enforceable by the laws in the state of Iowa. (I Douglas Grulkey have read this stipulation to the party providing the financial information) initial here. Initial: ___
Drivers License Number ____________________________________________
Phone Number ______________________________ Date: _____________________
Trip Area_________________________________________________________
Credit Card Type________________________________
Credit Card #____________________________________________________________________________
Expiration Date___________________________________________________
Code________________4 digits on back of card except for American Express it is the 4 digits on the front of the card.
Email Address___________________________________________________
Signature of Rentee(s) ____________________________________________
Email Address_____________________________________
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