Blue
Sky Rentals, Inc.
Sample Snowmobile Rental Agreement
This rental agreement is made effective between Blue Sky Rentals, Inc. (Lessor),
and ______________________________________ (Lessee) and states the agreement
of the parties as follows:
Rental period: From
through
Snowmobiles rented:
LESSOR reserves the right to cancel
this rental agreement due to inclement or impending bad weather. Rental fees
will be prorated based on the time used. Lessor's ability to provide a rental
snowmobile, if reserved, is contingent upon and subject to the return of the
unit by the previous lessee.
LESSEE acknowledges he/she has
carefully examined the snowmobile(s) and finds it (them) suitable for the
purpose leased, and that other accessory equipment is in suitable and acceptable
condition; that he/she will maintain both snowmobile(s) and equipment in a safe,
dependable condition while in his/her custody.
LESSEE assumes full responsibility for the snowmobile(s). In the event of
malfunction, breakdown, or if any defect is discovered after acceptance of the
rental snowmobile, Lessee will immediately report same to Lessor. Continued use
of the rental snowmobile shall be entirely at the Lessee's risk.
LESSEE shall pay a $1,000 security
deposit (valid credit card only) at the time this rental agreement is signed for
each snowmobile rented. This deposit will be credited to the Lessee upon
termination of this rental agreement, less any expenses incurred to retrieve the
craft and/or to repair any damage caused in to this craft by the lessee or
anyone else during the rental period. Should damages exceed the damage deposit,
Lessee agrees to make payment in full immediately upon Lessor's presentation of
an itemized repair bill, including lost rental time. This security
deposit shall not bear interest.
LESSEE certifies that he/she
understands the rules and regulations for the safe operation of snowmobiles. In
addition, Lessee certifies that he/she is in good health, has no physical
defects that may be of danger to themselves or anyone else, and that he/she is
capable of safe operation of this snowmobile. Furthermore, Lessee certifies that
he/she is NOT under the influence of alcohol or drugs (legal or otherwise) and
will remain so during the rental period.
LESSEE acknowledges his/her
responsibility for the safe and proper operation of the snowmobile(s); and for
the safety and welfare of other snowmobile operators and persons.
It is AGREED AND UNDERSTOOD BY
Lessee that Lessor shall not be held liable for damages, inconvenience or time
lost caused by accident, breakdown or malfunction of the rental snowmobile(s).
LESSEE further agrees to indemnify
and hold Lessor harmless 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 the rental snowmobile(s). Lessee further agrees
to hold Lessor harmless should loss or damages occur to any of Lessee's personal
property while carried in, or on, the rental snowmobile(s), including loss or
damage caused by malfunction or theft.
LESSEE agrees not to use, nor permit
the use of the rental snowmobile(s):
· anywhere but on designated snowmobile trails in the State of Michigan;
· for any unlawful purpose;
· in a careless or negligent manner;
· by any other person not the signatory of this agreement.
RISK OF LOSS OR
DAMAGE: Lessee assumes all risks of loss or damage to the snowmobile(s) and
equipment from any cause, and agrees to return the snowmobile(s) in the
condition received from Lessor, with the exception of normal wear and tear.
Lessee agrees to return this snowmobile(s) on or before the expiration of the
rental period in the new condition it is in now except as detailed on the
inspection sheet referenced above. If a snowmobile is damaged or lost, Lessor
shall have the option of requiring Lessee to restore it to good working order,
or replace it with a like snowmobile in good repair.
LIABILITY AND INDEMINITY: Lessee
hereby agrees to bind him/her self, their heirs, personal representatives and
assigns and release and discharge Lessor, its owners, employees, agents and
assigns from any and all claims, loss, costs, damages, expenses, actions,
judgments and attorney fees, which Lessee or Lessee's heirs, personal
representatives or assigns may have, or claim to have, against Lessor, its
owners, employees, agents and assigns. Further, Lessee hereby agrees to defend,
indemnify and hold harmless, Lessor, its owners, employees, agents and assigns
from all claims, damages, demands, costs, losses, expenses, actions and
judgments, which are created by or arise out Lessee's operation of the
snowmobile during the rental period. Lessee agrees to pay all claims brought by
third parties resulting from the operation and/or use of the snowmobile(s)
during the rental period.
LESSEE expressly agrees to indemnify
and hold Lessor harmless of, from, and against any and all loss, costs, damages,
attorney fees and/or liability in connection with the enforcing of the foregoing
rental contract by Lessor, 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 and/or provisions hereof. It is understood and agreed that venue of
any action hereunder shall be in the county of the Lessor.
LESSEE agrees to return the snowmobile with a full tank of gas. If not returned full, Lessee will be assessed a $35 fueling fee.
Should any term or condition of this Rental Agreement be
held void or unenforceable, then that term shall be deemed severed from this
Agreement and the enforceability of the remainder shall not be affected and will
remain in full force and effect.
THE TERMS AND CONDITIONS ON THIS
CONTRACT CONTAIN THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND NO OTHER
REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT
INCLUDED IN THIS RENTAL AGREEMENT.
RETAINED DEPOSIT AMOUNT $
LESSOR:
LESSEE: (please print)
Signature:
Date:
Driver's License #
Address
Date of Birth _____/______/_____