THIS RENTAL AGREEMENT (this “Agreement”) is made as of this ____ day of _________, 20___, by and between OREGON RIVER RENTALS LLC, an Oregon limited liability company (“Owner”) and _____________________________ (“Renter”) (collectively, the “Parties”, and individually a “Party”).
Subject to the terms and conditions of this Agreement, Owner agrees to lease to Renter that certain Watercraft described as follows: _______________________________, together with paddles, life jackets and other accessories (the “Watercraft”). Renter confirms delivery of the Watercraft by signing this agreement and that it has inspected the Watercraft and found the Watercraft fit for its intended use. The Watercraft shall be used during the term of this Agreement only for normal watercraft activities in navigable rivers and lakes.
The term of this Agreement (the “Term”) commences on the date of this Agreement and expires on ______________________________________________.
Renter agrees to pay Owner ($___________) (the “Rental Rate”), in advance, for the use of the Watercraft during the Term. The Rental Rate is payable in full upon signing of this Agreement.
Renter agrees to pay Owner $_________ as a security deposit against loss or damage. The security deposit will be refunded in full when the owner agrees all of the rented equipment has been returned and is in good condition. Any portion up to and including the total amount of the security deposit may be retained to cover the cost of replacement and/or repair of equipment that has either been lost or damaged. Normal wear consistent with the proper use of equipment is not considered damage.
Upon termination of this Agreement, Renter shall redeliver the Watercraft to Owner (unless it is an actual or total constructive loss under the Watercraft’s insurance policy) to the original delivery point. Upon redelivery, the Watercraft shall be in the same good order and condition as when she was delivered to Renter, excepting only ordinary wear and tear.
Renter shall have exclusive, possession, command and control of the Watercraft during the term of this Agreement. All operations of the Watercraft during the term of this Agreement shall be conducted by and at the sole risk and expense of Renter. Renter shall use and cause the Watercraft to be used in a lawful manner, and shall ensure that during the term of this Agreement the Watercraft shall not become forfeit or subject to forfeiture due to acts or omissions of Renter, or its employees, agents, or invitees. Operation of the Watercraft shall not be subject to any supervision by Owner.
Renter shall keep and maintain the Watercraft throughout the term of this Agreement. Renter must notify Owner immediately if the Watercraft is damaged. Renter will not in any way alter, modify or make additions or improvements to the Watercraft, without the prior written consent of Owner in Owner’s sole discretion. All alterations, modifications, additions and improvements which are made become the property of Owner and are subject to the terms of this Agreement.
Risk of Loss; Insurance.
Renter acknowledges and agrees that it has the sole risk of loss due to any damage, theft or any other kind of loss during the term of this Agreement, and that Renter should consider and confirm with its own insurance agent whether it has suitable insurance coverage for such risk of loss.
Renter will indemnify and save harmless Owner, its successors and assigns, from and against any and all loss (including Renter’s own loss of use), claims (including, without limitation, claims involving strict or absolute liability in tort, damage, injury, death, liability and third party claims), demands, costs and expenses of every nature, including reasonable attorneys’ fees, arising directly or indirectly from or in connection with the possession, maintenance, storage, use or operation of the Watercraft, except when arising from the material default, willful misconduct or gross negligence of Owner. Renter’s obligations under this paragraph will survive termination of this Lease and will remain in effect until all required indemnity payments have been made by Renter to the Owner.
Renter represents that it is fully aware of the consequences of the United States government’s Zero Tolerance anti-drug enforcement policy and agrees to protect, indemnify and hold Owner and the Watercraft harmless form any loss, damages or costs, including attorneys’ fees and other legal costs, due to or resulting from the use or presence of illicit drugs or contraband brought on or remaining aboard the Watercraft by Renter or its employees, agents or invitees. Renter will notify its invitees who will be aboard the Watercraft at any time, acknowledging that they have been informed of the no-drug, Zero Tolerance policy and that they will adhere to such policy.
a. Upon the occurrence of any default in this Agreement by Renter, Owner may, in its sole discretion elect:
(1) By notice in writing terminate this Lease, whereupon the Renter will, without further demand, forthwith pay all accrued and unpaid amounts due under this Lease.
(2) Withdraw and repossess the Watercraft wherever she may be found and without prior demand and without legal process, and for that purpose Owner may enter upon any dock, pier, or other premises where the Watercraft may be and may take immediate possession thereof.
(3) Perform or cause to be performed any obligation, covenant, or agreement under this Lease. Renter agrees to pay all costs and expenses incurred for such performance and acknowledges that such performance shall not be deemed to cure said Event of Default.
b. Renter will be liable for all costs, charges, and expenses, including reasonable legal fees and disbursements, incurred by the Owner by reason of default or the exercise of the Owner’s remedies.
c. No remedy is intended to be exclusive, but each will be cumulative and in addition to any other remedy referred to above or otherwise available at law or in equity. The failure or delay of Owner in exercising any rights granted under this Agreement upon any occurrence of any of the contingencies set forth above shall not constitute a waiver of any such right.
This Agreement is personal and is not assignable. Renter shall not sublease the Watercraft in any manner, or make any agreement whereby the maintenance, management, or operation of the Watercraft shall be performed by any other Party without Owner’s prior written consent.
Unless specifically provided to the contrary, all notices permitted or required by this Agreement will be in writing and will be deemed given when received at the address set forth on the last page of this Agreement, or such other address as may be designated by such Party in a written notice to the other Party.
The terms and conditions of this Agreement constitute the entire agreement between the Parties and supersede all prior written and oral negotiations, representations, and agreements, if any, between the Parties, and will be binding upon them, their successors, assigns and legal representatives.
Modification of Agreement.
No change or modification or waiver of any term or condition of this Agreement will be effective unless the change or modification is in writing and signed by the Party to be charged.
The Parties acknowledge that this Agreement and all matters related thereto shall be governed by the laws of the State of Oregon. The Parties hereby consent to any dispute between the Parties being resolved in the state or federal courts located Clackamas or Multnomah Counties in Oregon.
This Agreement is not intended, nor shall it be construed, to confer any enforceable rights on any person, not a party hereto.
If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remaining terms and provisions of this Agreement or the application of such terms or provisions to persons or circumstances other than those as to which it has been held invalid or unenforceable shall not be affected thereunder and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
In Witness Whereof, the Parties hereto have caused this Agreement to be executed as of the date first set forth above.