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Operator: You agree that the vehicle is to be operated solely by you. You warrant and represent that you have a valid driver's license, that you have automobile insurance, and that you either a) were born on or after January 1, 1982 and possess a Pennsylvania Boating Safety Education Certificate, or b) you were born before January 1, 1982. You further certify that your automobile insurance includes coverage for towed items such as the boat trailer. You certify that you will go only to areas that are agreed upon with us and listed at the end of this Agreement. You agree not to use or permit the vehicle’s use for any unlawful purpose, nor operate it in a careless or negligent manner, nor operate or use it while under the influence of alcohol or narcotics, nor use it to carry passengers or property for hire, nor to use it to tow or propel any other boat, barge or thing without our written permission, nor to use it in any race or competition, nor to remove the motor from the vehicle for any use whatsoever. Your allowing a person who is not a signatory of this Agreement to operate the vehicle is a willful, wanton and reckless act and is a breach of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Disclaimer of Warranties: We make no warranties, express, implied or apparent, regarding the vehicle, no warranty of merchantability and no warranty that the vehicle is fit for a particular purpose. Charges and Responsibility for Damage or Loss: You agree to return this vehicle to us at the end of the rental period in the same condition in which you received it, except for ordinary wear. The vehicle remains our property and failure to return it on the agreed date may constitute larceny. You assume full liability for any and all damage to the vehicle while it is in your custody, and you are responsible for all damage or loss you caused others. You agree to provide auto liability and comprehensive insurance covering you and the vehicle. You agree to pay us on demand for all charges due us under this Agreement, including, but not limited to: (a) applicable sales, use and other taxes; b) loss of, or damage to, the vehicle, which includes the cost of repair, or the retail value of the vehicle based on valuation methods accepted by the marine/powerboating industry on the date of the loss if the vehicle is not repairable, plus loss of use, dimunition of the vehicle's value caused by damage to it or repair of it, and our administrative expenses incurred processing the claim; (c) all fines, penalties, forfeitures, court costs, towing charges and other expenses involving the vehicle assessed against us or the vehicle, unless these expenses are our fault; (d) all costs, including pre-and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (e) 6% per month interest charge, or the maximum amount allowed by law (if lower than 6%) on all amounts due us but not paid upon return of the vehicle; and (f) a reasonable fee to clean the vehicle if returned less clean than when rented. Accidents or Theft: If the vehicle is returned after closing hours, you remain responsible for the custody of, and any damage to, the vehicle until we inspected upon our next opening for business. You must report all accidents or incidents of theft and vandalism to the police as soon as you discover them. You must report all accidents involving the vehicle to us within 24 hours of occurrence, or when you return the vehicle to us, whichever is first. Your Property: You release us, our agents and employees from all claims for loss of, or damage to, you or personal property or that of any other person, that we received, handled or stored, or the that was left or carried in or on the vehicle or in any service vehicle or in our office, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. Assumption of Risk: You understand that you are participating in a sport with possible risks to yourself and others, including the risks of death, serious bodily injury, and property damage. You are responsible for the safety of yourself and any guests you may have in the vehicle. You hereby state, that to the best of your knowledge, you are in good physical and mental condition, and understand the vehicle safety procedures. You voluntarily assume all risk of accident or damage to your person or property which may be incurred from or be connected in any manner with your use, operation or rental of the vehicle. Release and Indemnification: You hereby release us, our agents and employees, from all claims, demands, actions and from all liability for damage, loss or injury (of whatever kind, nature or description) that may arise out of, or you may sustain, in connection with your use, operation, or rental of the vehicle. You further agree to indemnify and hold us harmless, as well as our agents and employees from all claims, demands, actions, causes of action, including attorney's fees, expenses and costs, of yourself or of third parties (of whatever kind, nature or description), which may arise out of, or in ANY manner connected with, or caused by your use or the use of your child or guarded minor, if you are a parent or guardian, or by your guests or agents, or operation or rental of the vehicle. This release and indemnification shall be binding upon your heirs, administrators, executors, and assigns. Miscellaneous: No term of this Agreement may be waived or modified except by writing that we have signed. This Agreement is the entire agreement between you and us. You agree that this Agreement and any dispute arising therefrom, as well as any dispute arising from your operation or use of the vehicle, shall be determined by the courts of Lancaster County, Pennsylvania, and under the laws of the Commonwealth of Pennsylvania. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this vehicle rental. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. Deposit: You agree to a rental fee and deposit as indicated on the Adventure Boat Rental LLC Invoice, which you have completed. You understand that you will remain liable for charges that exceed your deposit. Deposit amount is $250.00.
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