Spacious 23’ StarCraft Pontoon for 12

This is an agreement between Ultra Seattle WaterSports LLC (“Ultra”) and Renter and is effective as of the Effective Date. This agreement (the “Agreement”) governs your rental, operation, and use of the Vessel For good and valuable consideration, Ultra and Renter agree as follows: 1. The Rental Agreement. This Agreement, including the Cover Sheet and any attachments expressly referenced in this Agreement, constitute the entire agreement between Renter and Ultra regarding the Vessel. Any changes to this Agreement must be approved and signed by an authorized representative of Ultra. 2. Renter Requirements. (a) Renter represents and warrants that: (i) Renter has provided their full legal name above; (ii) Renter is at least 21 years of age; and (iii) Renter has a valid Boater education card pursuant to Revised Code of Washington 79A.60.050 or will completes a motor vessel safety operating and equipment checklist each time before operating the motor-driven Vessel or vessel. (b) Ultra may, in its sole discretion, refuse to rent the Vessel to the Renter if Ultra determines that the Renter or Additional Operator is not competent to operate the Vessel or has not complied or may not comply with the terms of this Agreement. 3. Additional Operators. Any person other than the Renter that operates the Vessel will be required to complete and sign the additional operator form found at Exhibit A to this Agreement and comply with the qualification described in Section 2 (each person, an “Authorized Operator”). Ultra charges an additional daily fee for each additional Authorized Operator. All additional Authorized Operators may be required to appear at the rental counter with the Renter and present proof of their ability to operate the Vessel to the satisfaction of Ultra, and must otherwise comply with the requirements in Section 2 and this Agreement. The Renter acknowledges that they will remain financially responsible under this Agreement at all times, even if the Vessel is operated by someone other than the Renter. 4. Safety of Passengers. The Renter is responsible for ensuring the safety of all passengers on board the Vessel. Ultra will not be responsible for injuries or death of passengers or any other liabilities resulting from the use of the Vessel and any associated equipment. 5. Fuel: The Renter agrees to use only premium fuel when refueling the Vessel and agrees to return the Vessel with the level of fuel indicated above. If you do not return the Vessel with the level of fuel indicated above, you are responsible for the cost of refueling and a refueling fee of $100. 6. Rental Charges. (a) Payment. Renter will pay the Total Rental Amount in advance. (b) Additional Charges. Renter agrees to pay any additional charges or fees provided for in this Agreement (“Additional Charges”) and that Ultra may charge your credit card on file for those charges or fees. In addition to the payment described in Section 6(a) for the Total Rental Amount, Ultra will collect a deposit of $____ for a boat and $_____ for a jet ski for any Additional Charges. (c) Taxes. All fees and charges will be subject to applicable taxes. 7. Vessel Return. (a) Condition. Renter agrees to return the Vessel in the same condition as received to the location where it was rented. If the Vessel requires any cleaning, you may be subject to a cleaning fee. You are also responsible for any damage to the Vessel. Renter has inspected the Vessel with a representative of Ultra and noted any existing damage on the Cover Page. (b) Time of Return. If the Vessel is returned later than indicated on the Cover Page, Renter is subject to a fee of triple the hourly rate of the Vessel to account for our inability to rent to another customer, administrative costs, and any cancelation of another customer’s reservation. The Vessel may not be returned outside of the return location's operating hours. If the Renter returns a Vessel outside of return location’s operating hours, the Renter agrees to bear responsibility for damage to or loss of the Vessel. If the Renter fails to return the Vessel to the location specified in this Agreement, as and when required under this Agreement, we may contact the police or other authorities, and you may be subject to criminal penalties. 8. Repossession of the Vessel. Ultra, in its sole discretion, may take possession of the Vessel at any time, including if the Vessel is found to be illegally or improperly docked, abandoned, or being used in a manner that violates the law or the terms of this Agreement. The Renter acknowledges that may repossess the Vessel in its sole discretion, and that Ultra is not required to notify the Renter before taking action to repossess the Vessel. Renter further acknowledges that Ultra may take any necessary steps towards the repossession of the Vessel, including but not limited to, remotely disabling the Vessel’s engine, and tracking the Vessel using GPS devices. The Renter agrees to pay or reimburse Ultra for the actual and reasonable costs incurred by Ultra to repossess the Vessel. 9. Damage or Loss of the Vessel. If the Vessel is lost or damaged, the Renter will be liable for any loss or damage incurred to the Vessel, regardless of the cause or who was operating the Vessel. In the event that the Vessel is damaged, Renter will pay Ultra’s reasonable estimated repair cost. Alternatively, if, in its sole discretion, Ultra reasonably determines it best to sell the Vessel in its damaged condition, Renter will pay the difference between the Vessel's retail fair market value and the sale proceeds. In the event of theft, the Renter will pay the greater of the Vessel’s retail fair market value or the depreciated book value. Renter acknowledges that the depreciated book value may be higher than the retail fair market value. If the Vessel is damaged, stolen, or lost and is not recovered, the Renter agrees to pay Ultra for additional incidental charges, including but not limited to the loss of use of the Vessel, an administrative fee, towing, and storage charges. 10. Repairs to the Vessel. Renter may not repair or have the Vessel repaired. Should Renter repair or have the Vessel repaired without the express consent of Ultra, Renter will pay the estimated cost to restore the Vessel to the condition it was in prior to rental by the Renter. 11. Prohibited Uses. (a) Renter will not use or permit the Vessel to be used: (i) by anyone other than an Authorized Operator; (ii) to carry passengers or property for hire or more passengers than the Vessel is meant to carry; (iii) to tow or push anything, including but not limited to waterskiing, kiting, riding inflatable toys, wake boarding, and jet ski fly boarding; (iv) in a test, race or contest; (v) while the operator is under the influence of alcohol, drugs, any controlled substance, including without limitation, any federally controlled substance listed under the Controlled Drugs and Substances Act S.C. 1996, c. 19 (a “Controlled Substance”), or medications that affect Vessel operation and/or constitute operating a Vessel while impaired under applicable law; and (vi) for conduct that could be charged as a crime, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking; or (vii) recklessly or while overloaded. (b) Renter or an additional operator, whether an Authorized Operator or not, must: (i) promptly report to Ultra any damage to or loss of the Vessel when it occurs or when the Renter learns of it; and (ii) Where required by law report an accident to law enforcement; (c) Renter or an additional operator, whether an Authorized Operator or not, must not: (i) leave the Vessel and fail to remove the keys or Vessel remote; (ii) intentionally or with willful disregard cause or allow damage to the Vessel; (iii) fail to securely moor the Vessel; or (iv) operate the Vessel while using a handheld communication device (e.g., smartphone). 12. Boater Safety. (a) Boater Safety Checklist. Renter, any Authorized Operator, and Renter’s passengers will at all times comply with the motor vessel safety operating and equipment checklist provided to Renter. (b) Zones and Speed Limits. The Vessel must not operate or enter the areas marked “Prohibited” in Exhibit B and comply with all speed limits. (c) Seaworthiness of Vessel: Renter agrees to bring to the Ultra immediate attention if it is determined that the Vessel is not seaworthy. Failure to inform the Ultra in a timely manner may result in liability to the Renter for the damage or loss of the Vessel. 13. Expenses, Fines, Administrative Fees. Renter is responsible for reimbursing Ultra for all fines, penalties, interest, and court costs incurred by Renter. Renter authorizes Ultra, at its sole discretion, to pay all infractions, fines, penalties and interest on the Renter’s behalf directly to the appropriate authority and agrees to compensate Ultra for the full amounts paid, plus a reasonable administrative fee, and actual legal fees and expenses, if applicable, which may be charged to the Renter’s credit card on file with Ultra. The Renter understands and acknowledges that Ultra may be required to cooperate with federal, state, and local officials with enforcing infractions committed by the Renter or another operator of the Vessel, and permits Ultra to provide any information in its possession, concerning the Renter, that these officials may deem necessary. 14. Collections. If Renter fails to pay all amounts owed to Ultra under this Agreement upon demand, all amounts past due will be subject to interest at 12% per annum, or the highest rate permitted by applicable law. Renter is also responsible for all costs incurred by Ultra to collect those amounts, including legal fees, administrative fees, and collection fees. Ultra may report amounts owed to credit reporting agencies. 15. Insurance. To the extent Ultra recovers any amounts owed by Renter to Ultra through its insurance, the amounts owed by Renter will only be reduced to the extent required by law or Ultra’s insurance provider. 16. Indemnification. Renter will defend, indemnify and hold harmless Ultra and its directors, officers, employees and agents (collectively, the “Indemnified Parties”), from and against any and all claims, losses, liabilities, damages and expenses (including, without limitation, reasonable attorneys’ fees) arising from or relating to: (a) any actual or alleged breach Renter’s representations, warranties, covenants, or obligations set forth in this Agreement; (b) any damage to the Vessel or any property or any injury (including death) of Renter or any third party as a result of Renter’s operation of the Vessel, or (c) any actual or alleged violation of law, gross negligence, willful misconduct, or fraud by Renter. 17. LIMITATION ON LIABILITY. ULTRA WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA OR LOSS OF GOOD WILL) ARISING OUT OF THIS AGREEMENT. ULTRA’S LIABILITY ARISING FROM THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE GREATER OF: (1) THE AGGREGATE AMOUNT OF THE TOTAL RENTAL FEE; AND (2) THE LOWEST AMOUNT PERMITTED BY LAW. 18. WAIVER AND RELEASE OF LIABILITY. (a) ASSUMPTION OF RISK. Renter understands and agrees that Renter may only use the vessel for the purposes set forth in this Agreement. Renter understands and acknowledges that the operation and use of the Vessel may be dangerous and may involve the risk that Renter will sustain serious injury, temporary or permanent disability, death, and/or property damage. Renter acknowledges that any injury Renter may sustain using the Vessel may be compounded by negligent or delayed medical service. RENTER VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO RENTER’S USE OF VESSEL, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE. (b) RELEASE OF LIABILITY. Renter hereby agrees, on behalf of Renter, Renter’s heirs and Renter’s personal representatives, to fully and forever discharge and release Ultra and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims Renter may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Renter’s use or operation of the Vessel, whether caused by the negligence of the Renter or any of the Released Parties or by any other reason. Renter acknowledges and agrees that this Section 18 Release of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Vessel. (c) COVENANT NOT TO SUE. Renter agrees, on behalf of Renter, Renter’s heirs and Renter’s personal representatives, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Renter or Renter’s heirs may have as a result of any personal injury, death or property damage Renter may sustain while using or operating the Vessel. I have read and understand the above waiver of liability and release: ___________________ 19. BINDING ARBITRATION. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in King County, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 20. Miscellaneous. (a) Assignment. Renter may not assign this Agreement without the consent of Ultra. (b) Survival. In the event any clause or provision of this Agreement shall be held to be invalid, then the remaining clauses and provisions shall nevertheless be and remain in full force and effect. (c) Governing Law. The performance and interpretation of this Agreement shall be governed in accordance with the laws of the State of Washington. (d) Amendment and Modification. No amendment or modification to this Agreement is effective unless it is in writing and signed by an authorized representative of each party. (e) Entire Agreement. This Agreement, together with all attached exhibits constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. (f) Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. I, THE RENTER, HAVE READ THE TERMS AND CONDITIONS TO THE RENTAL AGREEMENT IN ITS ENTIRETY AND AGREE TO BE BOUND TO THE RENTAL AGREEMENT.