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Benchmark Boat Rentals, LLC

Boat Rental Contract

THIS IS A LEGALLY BINDING CONTRACT. YOU ARE URGED TO REVIEW THIS

AGREEMENT IN FULL PRIOR TO SIGNING BECAUSE YOU ARE BOUND TO THE TERMS

OF THIS AGREEMENT ONCE SIGNED.

THIS CONTRACT is made by and between:

Benchmark Boat Rentals, LLC, located at 281 Princeton Avenue, Brick, New Jersey

Phone: Nick (732) 547-5688, referred to as the “Owner” and/or “Rental Company”,

and

Name: ________________________________ Date:_____________________________________

Address: ______________________________ City:_____________________________________

State: ________________________________ Zip Code:_________________________________

Home Phone: __________________________ Cell Phone:________________________________

Driver’s License#:_______________________ State:_____________________________________

Referred to as the “Customer” and/or “Responsible Party” and/or “Renter”,

Credit Card No.: _____________________________ Exp.: ____________ CVV:________

A BOAT RENTAL WILL NOT BE ACCEPTED WITHOUT A CREDIT CARD NUMBER UNLESS

ONE IS ON FILE FOR CUSTOMER. EMPLOYEE INITIAL IF CREDIT CARD NUMBER HAS

BEEN VERIFIED AS BEING ON FILE: _____________

Security Deposit:

Upon arrival, a security deposit of $1,000.00 will be required. The deposit can be a paid via credit card or

shall be held in cash. The security deposit will be returned after the rental craft is checked out for damage

and the rental bill and all charges are paid.

Reservations require a deposit of $100.00 day per boat.

Security Deposit Policy Explained to the Customer and Collected? ________ Yes

Date Rented:________________________ Boat Name/Number:________________________________

Number of People on Board: ___________________ Adults ______________ Children (under 12)

Boat Name: __________________________________

Rental Fee: $__________________________________

$100.00/Day/Boat Rental Deposit: $__________ Date:__________ Employee:_____________________

Total Due before leaving the Dock: $________________________ (Including Deposit)

Time Out: _____________________ A.M./P.M. Return Time: _______________ A.M./P.M.

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RENTER IS REQUIRED TO READ ALL PAGES OF THIS CONTRACT AND INITIAL EACH

CLAUSE BEFORE SIGNING THIS DOCUMENT.

RENTER AGREES THAT BOATS ARE PERMITTED IN THE RIVER AND BAY ONLY. BOATS

ARE NOT PERMITTED IN THE POINT PLEASANT CANAL OR THE ATLANTIC OCEAN.

Initial:____________

In consideration of the Contract herein, Benchmark Boat Rentals, LLC (hereinafter “RENTAL

COMPANY”) agrees to rent to the undersigned Customer (hereinafter “RENTER”) the craft and

equipment described herein. In the event the craft is not returned at the specified “Return Time”, said

RENTER agrees to pay for OVERTIME at a rate of $50.00 per each half-hour for each 30 minutes until

the craft and all equipment is returned.

Initial:____________

THE RENTER CERTIFIES THAT HE/SHE HAS EXAMINED THE RENTAL CRAFT AND

EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH

IT IS LEASED. THAT HE/SHE WILL OPERATE THE RENTAL CRAFT IN ACCORDANCE WITH

ALL SAFETY RULES, REGULATIONS, AND LAWS, AS POSTED IN THIS OFFICE OR ON THE

RENTAL CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS

SAID RULES, REGULATIONS, AND LAWS.

Initial:______________

RENTER AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF

RENTAL CRAFT TO LESSOR IMMEDIATELY.

Initial:_____________

This certifies that I (We), the Renter(s) am/are and capable in all aspects of the handling and operation of

the rental craft as listed above. LESSEE agrees said rental craft will not be occupied by a greater number

of persons that is shown in this rental Contract. I, the Lessee(s), am/are aware of the NO WAKE areas and

law, and am/are responsible, at my sole cost and expense, for any damage caused by my wake.

Initial:____________

I authorize and allow Benchmark Boat Rentals, LLC to charge my credit card for any damages or loss of

equipment (life jackets, bumpers, ropes, anchor, etc.) as set forth in the BOAT RENTAL DAMAGE

EXPENSE LIST and the LOAD SLIP LIST which are attached to this CONTRACT as “Exhibit A” and

“Exhibit B” respectively and incorporated by reference herein. Boat rental price does not include tax.

Boat must be refueled at the place specified by Benchmark Boat Rentals, LLC.

Initial:____________

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The RENTER acknowledges he/she has carefully examined the rental craft and finds it suitable for the

purpose for which it is leased, and that or other accessory equipment is in suitable and acceptable

condition: that he/she will maintain both rental craft and equipment (listed above) in a safe, dependable

condition while in their custody.

Initial:____________

A major credit card authorization (VISA, MasterCard, or AMEX) or CASH deposit in the amount of five

hundred dollars ($500.00) shall be collected and retained by the LESSOR as partial compensation for

failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received;

for reimbursement of articles damaged, missing or broken, or to be applied in addition to the base rental

charges upon return of craft by RENTER.

Initial:____________

RENTER agrees not to use, nor permit the use of the rental craft in connection with:

a. any unlawful purpose (including but not limited to possession or consumption of illegal

substances of any kind whatsoever);

b. in a reckless, careless, or negligent manner;

c. while under the influence of liquor, narcotics, or any other illicit drugs;

d. by any other person not the signatory of this Contract.

Initial:____________

In accordance with the WAIVER and RELEASE OF LIABILITY AGREEMENT accompanying this

Boat Rental Contract (attached as “Exhibit C” and incorporated by reference herein) Renter

acknowledges his/her responsibility for the safe and proper operation of the craft, and for the safety and

welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY RENTER

that the RENTAL COMPANY shall not be held liable for damages, inconvenience or time lost caused by

accident, breakdown or malfunction of the rental craft. RENTER FURTHER AGREES to indemnify and

hold harmless the RENTAL COMPANY and its agents, affiliates, and personnel 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 said rental craft. RENTER further agrees to hold the RENTAL

COMPANY harmless should loss or damage occur to any RENTER’S personal property while carried in,

or on, the rental craft including loss of damage by fire, water, theft or any other causes whatsoever, and

RENTER assumes full responsibility for same.

Initial:____________

RENTER expressly agrees to indemnify and hold RENTAL COMPANY and its agents, servants,

employees, affiliates and personnel harmless of, from, and against any and all loss, costs, damages,

attorney fees and/or liability in connection with the enforcing of the forgoing rental contract by RENTER.

In the event RENTAL COMPANY is required to institute any legal proceeding to enforce any provision

of this Contract, RENTER shall be liable for all damages incurred by RENTAL COMPANY, including

all reasonable attorney fees, costs, expenses incurred in connection with collection of delinquent rent or

compensation for damages suffered by RENTAL COMPANY, and in the event of suit by RENTAL

COMPANY, to recover possession of said rental property and/or to enforce any term, condition and/or

provisions hereof.

Initial:____________

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In the event of any malfunction, breakdown, or if any defect is discovered after acceptance of the rental

craft, the RENTER will immediately report it to RENTAL COMPANY. Continued use of the rental shall

entirely be at the RENTER’S risk and thus RENTER assumes all liability of injury and damage to all

person(s) and property that may become involved by its continued use.

Initial:____________

RENTAL COMPANY’S ability to provide a rental craft is expressly contingent upon and subject to the

return of the craft by the previous customer(s), mechanical breakdown, safety issues, weather, acts of

God, force majeure, or any other causes beyond RENTAL COMPANY’S immediate control.

Initial:____________

RENTAL COMPANY reserves the right to cancel this Rental Contract without prior notice due to

inclement or impending bad weather. The decision to cancel any rental shall be at the sole and exclusive

discretion of Benchmark Boat Rentals, LLC. In the event of cancellation due to inclement weather,

RENTAL COMPANY shall not be liable for any damages, expense, or other loss claimed by RENTER.

In the event the rental is cancelled by RENTAL COMPANY during the rental period, rental fees will be

pro rated based on time used. In the event that the RENTER elects to return early for any reason,

including but not limited to weather, illness, or any other reason(s) there will be no refunds for any

unused portion of any rental.

Initial:____________

RENTER certifies that he/she will not permit any person(s) to stand and/or sit on the front and/or back of

the rental craft while the engine is running or while in motion/operation.

Initial:____________

RENTER certifies that he/she will close all front/back/side access openings/exits and will not permit

person(s) to stand on the front/back/side access openings/exits while the engine is running or the rental

craft is in motion/operation.

Initial:____________

RENTER certifies that he/she will not permit any person(s) to stand on any seats and that all person(s)

will be seated when the engine is running or the rental craft is in motion/operation.

Initial:____________

RENTER certifies that he/she will enforce the rules, regulations, and laws that children twelve (12) years

of age and under will, at all times, wear a life vest while on the rental craft while the engine is running or

said rental craft is in motion/operation.

Initial:____________

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This Contract shall be governed by the laws of the State of New Jersey. Should any term or condition of

this rental Contract be held void or unenforceable, then that term shall be deemed severed from this

Contract, then that term shall be deemed severed from this Contract and the enforceability and the

remainder shall not be affected and will remain in full force and effect.

Initial:____________

The rules, regulations, and laws contained herein and as posted in the RENTAL COMPANY office, on

the craft, and/or on the grounds used by the RENTAL COMPANY are for the safety and welfare of all

who use the facilities. The RENTER certifies that he/she has read and understands said rules, regulations,

and laws and further assumes the responsibility that his/her family and or guest(s) will obey the rules,

regulations, and laws.

Initial:____________

This Contract is and shall be binding upon all parties who sign it and upon all those persons who succeed

to their rights and responsibilities, such as their heirs, assigns, and their Executor/Executrix, now and

forever.

Initial:____________

AGREEMENT TO SUBMIT DISPUTES TO ARBITRATION AND WAIVER OF RIGHT TO

TRIAL BY JUDGE OR JURY. It is understood and agreed by the parties that any dispute arising in

connection with the Contract, including collections of unpaid fees, claims for personal injury and any

property damage claims shall be resolved by submission to binding Arbitration pursuant to the rules of the

American Arbitration Association. Arbitration is a proceeding wherein a single person (the “Arbitrator”)

decides the case, rather than a Judge or a Jury. The means by which either party can challenge the

findings of an Arbitrator are very limited and there is no right to appeal. By signing this agreement, YOU

ARE GIVING UP AND WAIVING THE RIGHT TO SEEK RELIEF IN ANY COURT FOR ANY

CLAIMS RELATING TO THE BREACH OF THIS AGREEMENT OR FOR COMPENSATION FOR

DAMAGES RESULTING FROM THIS CONTRACT OR THE USE AND OPERATION OF THE

SPECIFIED VESSEL.

Initial:____________

RENTER represents and covenants that he/she entered into this Agreement without any coercion, duress

or undue influence and that they have read and understand all of the provisions herein and deem it fair and

reasonable, intending to be bound thereby.

Initial:____________

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THE TERMS AND CONDITIONS OF THIS CONTRACT AND ATTACHMENTS CONTAIN THE

ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN RENTAL COMPANY AND THE

RENTER. NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN

MADE WHICH IS NOT INCLUDED IN THIS RENTAL CONTRACT.

I, (WE), HAVE READ ALL PAGES OF THIS CONTRACT AND ALL ATTACHMENTS AND

FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH HEREIN. I (WE)

ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONTRACT.

EXCEPT AS MAY OTHERWISE BE EXPRESSLY CONTAINED HEREIN TO THE CONTRARY,

THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE SAME IS FULLY

EXECUTED BY ALL PARTIES TO BE CHARGED HEREUNDER.

RENTAL COMPANY: Benchmark Boat Rentals, LLC

By: _________________________________________ Dated: ___________________

[Print Name of Authorized Agent]

RENTER:_______________________________________ Dated: __________________

[Printed Name of Customer/Renter/Responsible Party]

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BENCHMARK BOAT RENTALS, LLC

BOAT RENTAL DAMAGE EXPENSE LIST

“Exhibit A”

Spring/Summer, 2020

The LESSOR agrees to and accepts the following charges for repair or replacement of any

parts or equipment lost or damaged during the rental:

Propeller $186

Skeg $250

Complete Lower Unit/Gear Housing Replacement $2,000/$4,000

Fiberglass Repair Under 1” Circumference $225

Fiberglass Repair 1” To 3” Circumference $350

Fiberglass Repair 3’ to 6’ Circumference $425

Extensive Fiberglass Or Boat Damage $QUOTE

Bow Rider Bimini Complete $730

Bow Rider Bimini Frame Only $324

Bow Rider Bimini Canvas $405

Pontoon/Deck Boat Bimini Complete $1,130

Pontoon/Deck Boat Bimini Frame Only $650

Pontoon/Deck Boat Bimini Canvas $480

Pontoon/Deck Boat Bimini Railing Replacement $1,500

Pontoon/Deck Boat Bimini Front/Side Door $320

Vinyl Seat Damage $175

Vinyl Seat Replacement $420

Navigation Light $36

Anchor Light $70

Side Windshield With Wing $210

Center Folding Windshield $120

Port/Starboard Windshield $140

Pontoon/Deck Boat Windshield Complete With Latches $150

Ladder $148

Child & Adult Ski Vest $30/40

Safety Life Jacket $16

SOS Flag $12

Flare Kit $36

Fire Extinguisher $39

Throw Cushion $18

Anchor Kit $120

Paddle $45

Dock Line $12

Fender $24

Single Person Tube $80

Double Person Tube $100

Tube Rope $18

Splitter $23

Kids/Adult Water Skis $158/190

Ski Rope $28

Wakeboard/Kneeboard $230

Wakeboard/Kneeboard Rope $36

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THIS DOCUMENT IS “EXHIBIT A” TO THE BOAT RENTAL CONTRACT

AND IT IS MADE A PART THEREOF.

I HAVE READ, UNDERSTOOD AND AGREE WITH THE COSTS ASSOCIATED FOR POTENTIAL

REPAIRS THAT MAY NEED TO BE MADE IF I RETURN THE BOAT DAMAGED.

Client:______________________________________ Date:_________________________

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BOAT RENTAL LOAD SLIP LIST

“Exhibit B”

(Spring/Summer, 2020)

Benchmark Boat Rentals, LLC Status: Opened: _____________a.m./p.m.

281 Princeton Avenue Closed: _____________ a.m./p.m.

Brick, NJ Load Slip #:_______________________

Date Out: ________________________

Delivery Date: _____________________

Date Due: ________________________

Job No: ______________ Operator: ________________________

Qty: Items: Loaded: Returned: Comments:

Pontoon

Safety Anchor Line

Safety Bumpers

Safety Canopy

Safety Dock Line

Safety Equip. Bag

Safety Fire Ext.

Safety Paddle

Signed Damage Waiver

Declined Damage Waiver

Propeller Condition: __________ Customer Initial: __________________

Skeg Condition: _____________ Customer Initial: __________________

RENTER acknowledges receipt of the above listed equipment and finds same to be in the condition and

quantity described herein. I acknowledge that I am responsible for the cost of replacement as itemized in

the BOAT RENTAL DAMAGE EXPENSE LIST if any equipment is lost or damaged during the rental. I

have had all of my questions about boat safety and operation answered to my full and complete

satisfaction:

Renter: Benchmark Boat Rentals, LLC

__________________________

By: _______________________

[Print Name Below Signature]

Renter Phone: _______________

THIS DOCUMENT IS “EXHIBIT B” TO THE

BOAT RENTAL CONTRACT AND IT IS MADE A PART THEREOF.

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BENCHMARK BOAT RENTALS, LLC

WAIVER AND RELEASE OF LIABILITY AGREEMENT—“EXHIBIT C”

I. DISCLAIMER

This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by

BENCHMARK BOAT RENTALS, LLC. (For purposes of this Waiver and Release, the term “Rental Company” includes all

employees, agents, representatives, servants, assigns, successors, insurers, and subsidiaries of BENCHMARK BOAT

RENTALS, LLC). The undersigned agrees that he/she is also signing this Release on behalf of the undersigned’s minor

children. Renter agrees that he/she will disclose to Rental Company all potential operators, passengers, and users of said rental

equipment. Renter further agrees that in the event that he/she fails to notify Rental Company of all potential operators,

passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if

such damages arise out of the negligence of Rental Company. Initials: ________

II. EXPRESS ASSUMPTION OF RISK

The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Rental Company at his/her

own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use

of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of

the negligence of Rental Company. Initials: ________

III. WAIVER/RELEASE OF LIABILITY By the execution of this Release, the undersigned agrees that Rental Company shall not be liable for any damages arising from

personal injuries and/or property loss sustained by the undersigned or any minor children under the undersigned’s custody, care

and control, as a result of any and all actives related to the rental, operation, or use of equipment provided by Rental Company

including but not limited to drowning and other related injuries, collisions with other watercraft or stationary objects, physical

contract/collisions with rental equipment itself or the wake created by the same, and injuries or damages stemming from

mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages

which may occur, and further agrees that Rental Company shall not be liable for any loss or theft of personal property. The

undersigned specifically agrees that Rental Company shall not be responsible for any such injuries, damages, loss or theft,

EVEN IN THE EVENT OF NEGLIGENCE BY RENTAL COMPANY, whether such negligence is present at the signing

of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by

Rental Company. Initials: ________

IV. LIABILITY TO THIRD PARTIES

The undersigned hereby agrees that he/she will indemnify and hold harmless Rental Company for all personal injuries,

property damages, or any other damages to any and all third parties, including but not limited to, operators and passengers of

other watercraft and minor child under the undersigned’s custody, care and control, as a result of any and all activities related

to the rental, operation or use of equipment provide by Rental Company, even if such damages arise out of the negligence of

Rental Company. Initials: ________

V. ACKNOWLEDGMENT OF WAIVER AND RELEASE The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions

associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release,

knows the contents thereof, and has signed this Release as his/her own free act. The undersigned also understands that he/she

has an opportunity to bargain for different waiver of liability terms and voluntarily waives his/her right to do so. By executing

this document, the undersigned warrants that he/she is fully aware that he/she is waving any right he/she may have to

bring a legal action to assert a claim against Rental Company of Rental Company’s negligence. Initials: _________

VI. SEVERABILITY

The undersigned hereby agrees that in the event any term or any part of any term of this Agreement is determined to be void or

unenforceable, such term or part of a term shall be considered separate and severable from this Agreement and the remaining

terms shall continue in full force and effect. Initials: _________

****READ RELEASE BEFORE SIGNING***

_____________________ ___________________________________ __________________

RENTER ADDRESS DATE/TIME

________________________ _____________________________ _______________________________

OPERATOR/PASSENGER OPERATOR/PASSENGER OPERATOR/PASSENGER

THIS DOCUMENT IS “EXHIBIT C” TO THE BOAT RENTAL CONTRACT AND IT IS MATE A PART THEREOF.

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Benchmark Boat Rentals, LLC

OPTIONAL BOAT DAMAGE WAIVER

THIS IS A LEGALLY BINDING CONTRACT. YOU ARE URGED TO REVIEW THIS

AGREEMENT IN FULL PRIOR TO SIGNING BECAUSE YOU ARE BOUND TO THE TERMS

OF THIS AGREEMENT ONCE SIGNED.

THIS CONTRACT is made by and between:

Benchmark Boat Rentals, LLC, located at 281 Princeton Avenue, Brick, New Jersey

Phone: Nick (732) 547-5688, referred to as the “Owner” and/or “Rental Company”,

and

Name: ________________________________ Date: ____________________________________

Address: ______________________________ City: ____________________________________

State: ________________________________ Zip Code: ________________________________

Home Phone: __________________________ Cell Phone: _______________________________

Driver’s License# _______________________ State: ____________________________________

Referred to as the “Customer” and/or “Responsible Party” and/or “Renter”,

RENTER acknowledges receipt of the Boat Rental Damage Expense List attached as “Exhibit A” to the

Boat Rental Contract and RENTER has elected to pay a non-refundable fee of $95.00 per day in exchange

for the release of responsibility for potential damage to the boat as set forth herein.

This payment is due upon signing this Agreement and prior to commencement of rental, subject to the

following terms and conditions:

1. This is a one-time, per day option.

2. The coverage applies to impact done to the rental boat BELOW THE WATERLINE

ONLY (propeller, skeg, and lower unit). Customer remains responsible for repair and/or

replacement for any damage at or above the waterline.

3. This Damage Waiver is void in the event of intentional, reckless, willful, or wanton acts,

errors or omissions of the customer, operator or their guest(s).

4. This Damage Waiver expires at 6:00 P.M. on the day of rental.

5. This Damage Waiver does not apply to any claims for personal injury.

Customer hereby (check one): _____________ Accepts Coverage and authorizes payment

______________Declines Coverage and payment

RENTER:_______________________________________ Dated: __________________

[Printed Name of Customer/Renter/Responsible Party]

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BENCHMARK BOAT RENTALS, LLC

OPERATOR REFERRAL AGREEMENT and WAIVER OF LIABILITY (OPTIONAL)

WHEREAS, the Renter/Customer has entered into a Rental Agreement with Benchmark Boat Rentals,

LLC (the “Rental Company”); and

WHEREAS, the Renter/Customer has requested that Benchmark Boat Rentals, LLC provide, at the request

of and solely as a courtesy to the Renter/Customer, a referral to an independent person to operate the Rental Boat

during the term of the rental (the “Captain for Hire”); and

WHEREAS, the Renter/Customer acknowledges that the Captain for Hire is NOT an agent, employee or

servant of Benchmark Boat Rentals, LLC; and

WHEREAS, the Customer acknowledges that he or she remains liable for any and all damage to any

person or property as set forth in the Rental Agreement, whether caused by the Renter/Customer, his or her guests,

the Captain for Hire, or any other person(s); and

NOW, THEREFORE, the Customer hereby acknowledges and agrees as follows:

I. DISCLAIMER

The undersigned has been referred to a Captain for Hire solely at the request of and for the benefit

of the undersigned Renter/Customer. Benchmark Boat Rentals, LLC makes no express or implied

representations or warranties as to the training, skills or qualifications of the Captain for Hire. The

Captain for Hire is hired by and working directly for the Customer. The Captain for Hire is not an agent,

employee, or representative of Benchmark Boat Rentals, LLC.

Initials: ______

II. EXPRESS ASSUMPTION OF RISK

The undersigned hereby agrees that he/she is renting, operating or using the equipment provided

by Rental Company at his/her own risk. The undersigned agrees that he/she is voluntarily participating in

all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury,

illness, damage or loss that might result, even if the risks arise out of the negligence of Rental

Company or the Captain for Hire. The Customer remains liable for any damage to the Rental

Property.

Initials: ______

III. WAIVER/RELEASE OF LIABILITY

By the execution of this Release, the undersigned agrees that Rental Company shall not be liable

for any damages arising from personal injuries and/or property loss sustained by the undersigned or any

minor children under the undersigned’s custody, care and control, as a result of any and all actives related

to the rental, operation, or use of equipment provided by Rental Company including but not limited to

drowning and other related injuries, collisions with other watercraft or stationary objects, physical

contract/collisions with rental equipment itself or the wake created by the same, and injuries or damages

stemming from mechanical, design or equipment related failures. The undersigned assumes full

responsibility for any such injuries or damages which may occur, and further agrees that Rental Company

shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that

Rental Company shall not be responsible for any such injuries, damages, loss or theft, EVEN IN

THE EVENT OF NEGLIGENCE BY RENTAL COMPANY or by the CAPTAIN FOR HIRE, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver

and Release does not apply to gross negligence or intentional torts by Rental Company.

Initials: ______

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IV. LIABILITY TO THIRD PARTIES

The undersigned hereby agrees that he/she will indemnify and hold harmless Rental Company for

all personal injuries, property damages, or any other damages to any and all third parties, including but

not limited to, the Captain for Hire or any other operators and passengers of other watercraft and minor

child under the undersigned’s custody, care and control, as a result of any and all activities related to the

rental, operation or use of equipment provide by Rental Company, even if such damages arise out of the

negligence of Rental Company or the Captain for Hire.

Initials: ______

V. ACKNOWLEDGMENT OF WAIVER AND RELEASE

The undersigned states that he/she has had sufficient time to consider and review the Waiver and

Release and to ask any questions associated with said Release. The undersigned further states that he/she

has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this

Release as his/her own free act. The undersigned also understands that he/she has an opportunity to

bargain for different waiver of liability terms and voluntarily waives his/her right to do so. By executing

this document, the undersigned warrants that he/she is fully aware that he/she is waving any right

he/she may have to bring a legal action to assert a claim against Rental Company for Rental

Company’s negligence.

Initials: ______

VI. SEVERABILITY

The undersigned hereby agrees that in the event any term or any part of any term of this

Agreement is determined to be void or unenforceable, such term or part of a term shall be considered

separate and severable from this Agreement and the remaining terms shall continue in full force and

effect.

Initials: ______

****READ BEFORE SIGNING***

_________________________ ____________________________ __________________

CUSTOMER/RENTER (Print) ADDRESS DATE/TIME

_________________________________________

CUSTOMER/RENTER (Signed)

THIS DOCUMENT IS IN ADDITION TO THE BOAT RENTAL CONTRACT SIGNED

BY THE PARTIES AND IT DOES NOT ALTER THE TERMS AND CONDITIONS OF THE

AGREEMENT EXCEPT AS MAY BE EXPRESSLY SET FORTH THEREIN.