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Watercraft Rentals Terms and Conditions

Terms and Conditions 

By singing below (or clicking “I agree” on a check box on the Order Form), Lemon Marina Rentals, LLC, an Indiana limited liability company (“Licensor”), and the “Customer” (also referred to as “Renter” or Licensee“) who is named in the Watercraft Rental Contract or Order Form of which these Terms and Conditions are an integral part (“Contract“) agree to be bound by these Terms and Conditions and the booking details captured in the Contract (collectively the “Agreement”) as of the date Licensee submits the Contract to Licensor (the “Effective Date“). 

  1. License.  Licensor hereby grants Licensee a revocable license to use the watercraft that is referenced in the Contract (“Watercraft“), which is located at the Lake Lemon Marina at 9554 E. Northshore Drive, Unionville, Indiana 47468 (“Marina”), for a term beginning on the first date and time shown for Licensee’s booking on the Contract (“Rental Start Date“) and ending at the time and date specified on the Contract Form, unless otherwise earlier terminated or canceled pursuant to this Agreement (“Term” or “Rental Period“), for the sole purpose of operating the Watercraft on Lake Lemon, Monroe County, Indiana (“Purpose”). The Rental Period is subject to change by Licensor up to one hour before or after the Rental Period stated on the Contract at any time prior to the Rental Period, which will be communicated to Licensee by Licensor during the booking confirmation process. Licensee hereby represents and warrants that Licensee is at least 24-years of age and holds a valid US state driver’s license. Licensee may not use the Watercraft for any other purpose except the Purpose and shall only use the Watercraft on Lake Lemon pursuant to the Lake Lemon Marina Rules, which are published on the World Wide Web at https://lemonmarina.com/rules, and the additional boating safety rules provided by Licensor’s insurer, Markel Marine Insurance, that Licensee and all of Licensee’s invitees who will be on the Watercraft during the Rental must sign at the Marina before being allowed on the Watercraft (collectively, the “Rules”). Licensee shall return the Watercraft at the location within the Premises specified by Licensor (either verbally or in writing) (“Return Location“) on or by the end of the Rental Period communicated to Licensee by Licensor during the booking process or Licensee shall be charged $25 for each 15-minute period the Watercraft is returned late by Licensee as a minimum administrative fee, which may be increased by adding an amount equal in value to any License Fee or Deposit amounts that Licensor refunds to a subsequent renter of the same Watercraft due to Licensee’s late return of the Watercraft (“Late Return Fee”). Licensor is responsible for ensuring that all persons who will be a passenger on the Watercraft during the Term will sign an acknowledgement of that portion of the Rules provided by Licensor’s insurer, Markel Marina Insurance. Furthermore, any person who will be operating the Watercraft during the Term, including, without limitation, the Licensee, must be at least 18 years of age and hold a valid driver’s license or Indiana State Boater Safety certification card, allow Licensor to view and copy such identification, and must pass and certify compliance with the Boater Safety education at https://lemonmarina.com/safety/ prior to operating the Watercraft.  Notwithstanding anything to the contrary in this Agreement, the Licensee shall not operate the Watercraft on Lake Lemon in the areas prohibited for that Watercraft type labeled as “No Go” or “Stay out” areas on the maps provided to Licensee by Licensor when Licensee picks up the Watercraft at the Marina. Licensor reserves the right to revoke the Watercraft license granted to Licensee under this Agreement for any violation of the Rules, which are subject to reasonable changes at any time by Licensor. Licensee shall not make any improvements, repairs, or attach any other equipment or devices to the Watercraft without Licensor’s express written permission and shall take reasonable care not to damage, remove, misuse, or relocate any part of the Watercraft in any way. The Watercraft is provided for use by Licensee AS-IS and without any warranty, express, statutory, or implied, including, without limitation, any warranty of fitness for a particular purpose or any warranty regarding safety.  
  2. Fees.  In consideration for granting the Watercraft license to Licensee, Licensee shall pay to Licensor the total fees shown on the Contract (“License Fee“) for the type of Watercraft licensed to Licensee multiplied by the number of Rental Periods. Rental fee Rate are subject to change at any time by Licensor. For motorized Watercraft rentals, Licensee shall replenish the fuel in the Watercraft’s fuel tank, at Licensee’s cost, at the Marina’ gas pump (only) to the level at which Licensee received the Watercraft prior to returning the Watercraft at the end of the Rental Period and shall not allow the tank to get to less than 1/8 full at any time during the Rental Period.  
  3. Payment.  Licensee shall pay to Licensor the License Fee immediately upon execution of this Agreement by Licensee as shown on the Contract along with a security deposit (“Deposit”), as specified on the Contract, to compensate Licensor for any damage or loss to the Watercraft or any equipment provided to Licensee with the Watercraft (e.g., life jackets, oars, seats, upholstery, watersports items, tubes, etc.), or to compensate for any failure of to pay any amount due under this Agreement by Licensee, including, without limitation, any unpaid portion of the License Fee or any Late Payment fee, Cancellation Fee, or Late Return Fee (as each are defined in this Section 3 or Section 4 below). In consideration of Licensor’s administrative burden of collecting from Licensee any payment not made on or by the due date expressed in this Section 3 (“Late Payment”), Licensor may assess a late fee of the greater of 10% of the Late Payment amount or $50. In addition, Licensee agrees to pay interest to Licensor in the amount of 18% per annum (or the maximum allowed by law, if less) compounded daily for any Late Payment that remains unpaid for 15 days or more after the due date expressed in this Section 3. Any taxes or governmental fees not otherwise expressed in this Agreement but that are chargeable against Licensor for the license of the Watercraft shall be added to any payment amount and paid by Licensee.  
  4. Termination or Cancellation. Licensee may only cancel this Agreement by giving Licensor at least 48 hours’ notice prior to the start of the Rental Period in writing (e-mail included), in which case Licensee will be charged a cancellation fee (against the Deposit or otherwise) as liquidated damages equal to $75 for powered (e.g., Pontoon) Watercraft rentals and $25 for unpowered (e.g., Kayak, SuP) Watercraft rentals (“Cancellation Fee”). If Licensee fails to arrive during the Rental Period or cancels any rental within 48 hours of the start of the Rental Period, the Cancellation Fee charged to Licensee shall be the greater of $150 for powered Watercraft rentals and $25 for unpowered Watercraft rentals, which are liquidated damages for breach of this Agreement. Licensor may terminate this Agreement immediately (i) upon notice to Licensee of any violation of the Rules, (ii) if Licensee otherwise breaches this Agreement, (iii) if Licensee fails to make payment or makes a Late Payment, or (iv) upon notice to Licensee either prior to the the start of the Rental Period (for any or no reason) or at any time due to an event of Force Majeure (as defined in Section 17) that Licensor deems to render continuance of this Agreement commercially impracticable or impossible for Licensor or potentially unsafe to Licensee. Licensor shall retain any payments made by Licensee prior to termination of this Agreement under part (i), (ii), or (iii) of the immediately preceding sentence as liquidated damages, which is a minimum amount that does not limit all damages or equitable relief to which Licensor may still be entitled at law, equity, or under this Agreement. For termination of this Agreement by Licensor due to part (iv) of this Section 4, Licensor shall only return to Licensee any pro-rata portion of the License Fee, for the remaining period of the Term (as well as refund any applicable portion of the Deposit).
  5. Substitution. Licensor reserves the right to substitute the Watercraft to a reasonably equivalent Watercraft at the Marina (which shall become the Watercraft under this Agreement). Nothing in this Agreement guarantees Licensee a particular Watercraft either before, during, or after the Term nor does this Agreement guarantee that a Watercraft will be made available to Licensee after the Term of this Agreement in any future time period.  
  6. Effect of Termination. On or by the end of the Rental Period or earlier termination of the Term pursuant to this Agreement, Licensee shall immediately return the Watercraft to the Return Location.  
  7. Risk of Injury and Loss.  Licensee recognizes and agrees that all risk of personal injury to, or loss, theft, damage, or destruction, partial or complete, to any and all items of personal property of Licensee or Licensee’s invitees whether occurring on or around the Watercraft, anywhere within the Marina grounds (collectively “Premises”) or on Lake Lemon, from any cause whatsoever, is assumed by Licensee.  The exclusive right to possession and control of all items of personal property of Licensee or Licensee’s invitees placed in, on or around Premises remains with Licensee, unless Licensee fails to remove any such personal property from the Premises within 7 days after the date this Agreement expires or is otherwise terminated or canceled pursuant to Section 4, in which case Licensor may take possession of any such item left on the Premises, and dispose of such item of personal property as Licensor sees fit without any liability to Licensor or Licensor’s invitees.  Licensor assumes no duty with respect to care, possession, or control of any personal property or to the bodily safety of Licensee or Licensee’s invitees. Licensee (on behalf of itself and Licensee’s invitees) expressly assumes the risk inherent in operating any Watercraft or being present in or around the Premises, including the surrounding lake. Licensee recognizes and agrees that it shall be Licensee’s own obligation to insure the personal property of Licensee and Licensee’s invitees located on Premises and for Licensee and Licensee’s invitees to be responsible for and carry personal health insurance to cover any personal injury suffered by Licensee or Licensee’s invitees on the Premises or on Lake Lemon.  
  8. Indemnification. Consistent with Section 7, Licensee hereby indemnifies Licensor, Licensor’s parent company, the owner of the Premises, affiliates, successors, lenders, and assigns against all loss, damage, or injury to persons or property arising from any damages, claims, demands, disputes, or causes of action arising from Licensee’s or Licensee’s invitees’ use of the Premises, whether caused by the negligence of Licensor or Licensor’s subcontractors, agents, employees, successors, lenders, or assigns.  Furthermore, Licensee hereby indemnifies Licensor against, and shall waive any right of subrogation with any applicable insurer for Licensor’s claims arising from, any damage to the Watercraft or Marina grounds arising in any way from Licensee’s or Licensee’s invitees’ use of the Watercraft or operation of any Watercraft in or around the Marina, excluding normal wear and tear, including, without limitation, due to any Watercraft-related accident. 
  9. [Reserved]. 
  10. [Reserved]. 
  11. [Reserved].  
  12. Governing Law and Waiver.  This Agreement and all rights and remedies arising under this Agreement are governed by the laws of the State of Indiana and both parties agree to the exclusive jurisdiction of the state and US federal courts located in Monroe County, Indiana for any action that arises related to this Agreement. FURTHERMORE, BOTH PARTIES HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE TO A BENCH TRIAL, ADJUDUCATED BY A JUDGE OR OTHER ARBITER, FOR ANY ACTION ARISING BETWEEN THE PARTIES IN ANY WAY RELATED TO THIS AGREEMENT. 
  13. Entire Agreement.  This Agreement and the Word Wide Web pages or other forms referenced in this Agreement constitute the entire agreement between the parties to this Agreement relating to the subject matter of this Agreement, and no party to this Agreement shall be liable or bound to the other party to this Agreement in any manner by any warranties, representations, or covenants except as specifically set forth in this Agreement.  This Agreement supersedes all prior agreements, conditions, understandings, promises, warranties, and representations, which will have no further force or effect.   
  14. Modifications of Agreement.  Any modification, alteration, amendment, change, or extension of any term, provision, or condition of this Agreement will be made by written amendment or addendum to this and must be signed by the Licensor to be valid.  No oral modification, alteration, amendment, change, or extension of any term, provision, or condition of this Agreement will be permitted.   
  15. Binding Effect. Terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties to this Agreement.  Nothing in Agreement, express or implied, is intended to confer upon any third-party any rights, remedies, obligations, or liabilities under or by reason of Agreement, except as expressly provided herein.  This Agreement may only be modified or altered by the express written consent of the parties to this Agreement.  Licensee acknowledges that he/she has read this Agreement in its entirety and has had an opportunity to review such terms and conditions with legal counsel of his/her choosing, and fully understands all the terms, conditions and obligations contained and arising under this Agreement, and agrees to be bound by all the terms, conditions and obligations contained herein and arising under this Agreement.  
  16. Assignment. Licensee may not sublicense nor assign this Agreement, including, without limitation, Licensee’s license to use the Watercraft or any Additional Services, to any other person without written consent of Licensor. Licensor may assign this Agreement at any time to (i) an affiliated entity, (ii) purchaser of Licensor’s assets or membership interests (or both) that include the Watercraft or the relevant Additional Services (or both), or (iii) any lender of Licensor. 
  17. Force Majeure. In no event, shall Licensor be liable to Licensee with respect to any failure or delay by Licensor to provide the Watercraft or to perform any other duty or obligation under this Agreement that is attributable to acts of God, war, natural disaster, changing of the water level of Lake Lemon by the LLCD or City of Bloomington, civil disturbances, work stoppages, power failures, fire, pandemics, general shortages in the availability of materials, governmental (including without limitation, the LLCD and City of Bloomington) orders, failure by a prior licensee to return the Watercraft prior to the start of the Rental Period, or other similar events beyond Licensor’s reasonable control (“Force Majeure”). Licensor shall be excused from performing any duty or obligation owed under this Agreement due to an event of Force Majeure only for as long as the event of Force Majeure continues and when the event of Force Majeure ends the Licensor shall resume performance of the duty or obligation delayed by the event of Force Majeure as soon as is reasonably commercially practicable. 
  18. Compliance with Laws and Regulations. Each party to this Agreement will comply with all applicable federal, state, county, and municipal laws, ordinances, codes, rules, and regulations, as the same may be amended from time to time, that in any way affect that party’s performance of this Agreement, including, without limitation, Licensee shall comply with all LLCD, City of Bloomington, and Indiana Department of Natural Resources rules and regulations for use of Lake Lemon and the forestry area immediately surrounding the Marina.   
  19. Notices. The parties agree that notices sent to the e-mail or mailing addresses provided by each party in the header or body of this Agreement shall be their respective addresses for notices and shall be effective on the date that receipt is reasonably confirmed or received or five days after having been sent, if no such receipt can be reasonably obtained.  
  20. No Party Deemed Drafter.  No party is the “drafter” of this Agreement.  This Agreement is the product of arm’s length negotiations between the parties to this Agreement and has been drafted jointly by the Parties.   
  21. Severability.  If any provision of this Agreement is declared invalid or unenforceable by a court or an arbitrator, such invalidity or unenforceability will not affect the validity or enforceability of the remaining terms of this Agreement.   
  22. Non-waiver.  The failure of Licensor to insist upon the strict compliance with any term, provision, or condition of this Agreement will not constitute or be deemed to constitute a waiver or relinquishment of Licensor’s right to enforce the same in accordance with this Agreement.   
  23. Headings.  The headings of paragraphs in this Agreement are for convenience only.  They form no part of this Agreement and will not affect its interpretation.   
  24. Conflict. In the event there is any conflict between any term in this Agreement and a term in any World Wide Web page or form referenced in and made part of this Agreement, the conflicting term as stated in the body of this Agreement shall control and supersede the conflicting term in that external resource.