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Rental Terms & Conditions and Contract Agreement
Terms and Conditions
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Contract Agreement: This contract is governed by and subject to the terms and conditions outlined below. By entering into this agreement, you agree to abide by these terms and conditions.
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Equipment Rental Charges: The rental charges for the equipment shall be applicable for the entire duration of the rental period, including the time it is returned. Charges will be calculated based on the agreed rental rates.
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Payment and Security Deposit: Rentals must be paid in advance, and a security deposit will be collected in addition to the rental payment. The security deposit will be held as collateral and will be refunded upon satisfactory return of the equipment, minus any applicable deductions.
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Damage or Loss: The customer is responsible for any damage or loss incurred to the rented equipment during the rental period. In the event of damage or loss, the customer will be liable to pay for the repair or replacement costs of the equipment.
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Cleanliness of Returned Items: It is expected that all rented items are returned in a clean and presentable condition. Failure to return specific items in a clean state may result in the forfeiture of the security deposit.
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Lessee's Responsibilities: As the lessee, you assume the following responsibilities:
a. Any damage caused to the rented property shall be the lessee's financial responsibility.
b. Any necessary repairs to the equipment shall be estimated and charged accordingly. -
Assumption of Risk: Boats are rented and used at the lessee's own risk. The lessor shall not be held liable for any accidents, injuries, or damages that may occur during the use of the rented boats.
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Acknowledgment of Terms and Conditions: By accepting these terms and conditions, the lessee acknowledges that they have carefully read, understood, and agreed to be bound by the conditions outlined herein.
Contract Agreement
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Inspection of Property:
a. The lessee hereby acknowledges that the rented property has been inspected and examined by Pocono Boat House (hereinafter referred to as "the Lessor") and found to be in first-class condition upon issuance.
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Liability and Indemnity:
a. The lessee agrees to assume all responsibility and liability for any damages, losses, injuries, or claims arising from the use of the rented equipment. The Lessor, its agents, and employees shall be held harmless from any and all liabilities, including but not limited to property damage, personal injury, or death, resulting from the use, operation, or possession of the equipment.
b. The lessee further agrees that the rented property shall be used solely by the lessee and/or persons designated by the lessee, and no other individuals shall use the equipment without the explicit consent of the Lessor.
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Return of Equipment:
a. Upon the termination of this lease agreement, as stated on the reservation website, the lessee shall promptly return the rented merchandise or equipment, along with all attachments and parts belonging to it, to the office of Pocono Boat House in the same condition as received, ordinary wear and tear excepted.
b. The lessee shall be held responsible for any damage caused to the equipment while it is in their possession or under their control, subject to the terms of this lease.
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Extension of Lease:
a. In the event that the lessee wishes to extend the lease period beyond the originally agreed-upon date, the lessee must notify Pocono Boat House immediately, seeking approval and confirming the terms of such extension.
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Payment Terms:
a. All rental charges shall be paid in advance or immediately upon the return of the rented merchandise, or upon receipt of the statement for the same.
b. The lessee shall bear all repossession costs, collection fees, attorney fees, court costs, or any expenses involved in the collection of rental charges.
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Equipment Retrieval:
a. If the lessee fails to return the rental equipment at the end of the stated period, the Lessor or its representatives are authorized to enter the premises where the equipment is located to retrieve it.
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Notice of Levies or Removal:
a. The lessee agrees to provide immediate notice to Pocono Boat House in the event that the rented equipment is levied upon or becomes liable to be removed from the lessee's possession for any reason.
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Compliance with State Regulations:
a. The lessee is responsible for complying with any specific requirements applicable to the operation of the leased equipment within the boundaries of any state.
b. Unless explicitly indicated at the time of rental, no outboard motor may be attached to or used with the leased equipment.
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Transportation Responsibility:
a. The lessee assumes full responsibility for the transportation of the equipment to and from the designated rental location. Pocono Boat House shall not be held liable for any damages, losses, or injuries incurred during the transportation of the equipment.
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Governing Law and Jurisdiction:
a. This rental contract agreement shall be governed by and construed in accordance with the laws of the state where Pocono Boat House is located. Any disputes arising from or related to this agreement shall be subject to the exclusive jurisdiction of the courts in that state.
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Entire Agreement:
a. This contract constitutes the entire agreement between the lessee and Pocono Boat House and supersedes any prior oral or written agreements or understandings between the parties.
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Severability:
a. If any provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the parties shall make reasonable efforts to replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the intended purpose of the original provision to the maximum extent permitted by law. -
Limitation of Liability:
a. The lessee acknowledges and agrees that Pocono Boat House shall not be held liable for any injuries, damages, losses, or claims arising from the use of the rented equipment, including but not limited to personal injury or death.
b. Furthermore, Pocono Boat House shall not be liable for any delays, interruptions, or failure to perform its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to acts of nature, acts of government, strikes, lockouts, riots, acts of terrorism, epidemics, pandemics, or any other events constituting force majeure.
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