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Watercraft Rentals Terms and Conditions

Terms and Conditions 

By signing below or clicking the check box labeled “I AGREE…” and submitting the online order form at https://lake-lemon-marina.booqableshop.com/ (“Order Form“) electronically, the person or entity who is named in the Order Form submission or printed rental contract (“Contract“) as “Customer”, “Renter“, or “Licensee” agrees to be bound by these Terms and Conditions and the booking details captured in the Contract (collectively the “Agreement”) as of the date of Licensee’s Order Form submission or signature on a printed Contract in writing (the “Effective Date“). The “Licensor” is Lemon Marina Rentals, LLC, an Indiana limited liability company, which owns the Watercraft. Licensor and Licensee are each a “Party” and collectively the “Parties“. The term of this Agreement begins, and the Parties agree to be bound by this Agreement as of, the Effective Date and shall continue until the end of the Rental Period.

  1. License.  Licensor hereby grants Licensee a revocable license to use the watercraft that is referenced in the Contract along with any appurtenant equipment provided to the Licensee with such Watercraft (collectively, “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, unless otherwise earlier terminated or canceled pursuant to this Agreement (“Rental Period“), for the sole purpose of operating the Watercraft on Lake Lemon, Monroe County, Indiana for personal, recreational use (“Purpose”) and not any other purpose including, without limitation, any commercial 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 or otherwise by email. Licensee hereby represents and warrants that Licensee is at least 24-years of age and holds a valid US state driver’s license. Licensee and Licensee’s invitees shall not use the Watercraft in any way that will damage the Watercraft beyond normal wear and tear nor 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, any boating and safety map(s) or instructions provided to Licensee by Licensor, the Government Regulations (as defined in Section 18 below), 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 is responsible for ensuring that all persons who will be a passenger on or operator (or both) of the Watercraft during the Rental Period (referred to as “Licensee’s invitees” in this Agreement) shall sign an acknowledgement of that portion of the Rules provided by Licensor’s insurer, Markel Marina Insurance. Furthermore, any of Licensee’s invitees who will be operating the Watercraft during the Rental Period, must be at least 18 years of age (except Licensee, who must be at least 24 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. For avoidance of doubt, the resources provided as part of the required Boater Safety education are part of the Rules. Notwithstanding anything to the contrary in this Agreement, the Licensee shall not operate the Watercraft on Lake Lemon (i) in the areas prohibited for that Watercraft type labeled as “No Go” or “Stay out” areas (or the equivalent) on the map(s) provided to Licensee by Licensor at the start of the Rental Period or (ii) in violation of any other reasonable safety instructions provided verbally or in print by Licensor to Licensee at any time including, without limitation, by phone or text during the Rental Period (which map(s) and instructions are part of the Rules, for avoidance of doubt). 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 change at any time by Licensor given safety and other commercially reasonable considerations such as, but not limited to, conditions on Lake Lemon or Watercraft limitations. Licensee shall not make any improvements, repairs, or attach any other equipment or devices to the Watercraft not provided by Licensor 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 (including any appurtenant equipment provided by Licensor) 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.  For avoidance of doubt, animals or pets are not allowed on any Watercraft, except as otherwise specifically set forth (including with the payment of an additional fee) in the Contract.
  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 (and any appurtenant equipment rented along with the Watercraft and any special conditions as stated in the Contract), which has been adjusted to match the length of the agreed upon Rental Period and to account for any applicable discount provided by Licensor. 
  3. Payment.  Licensee shall pay to Licensor a refundable security deposit as specified in the Contract (“Deposit”) immediately upon execution of this Agreement and shall pay the License Fee on or by the beginning of the Rental Period. The Deposit shall be held by Licensor for a reasonable amount of time after the Rental Period to allow Licensor to assess (and to compensate Licensor for) any damage or loss to the Watercraft, Premises, or any equipment provided to Licensee with the Watercraft (e.g., life jackets, oars, seats, upholstery, ropes, motors, propellers, electronics, watersports items, tubes, lilypads, etc.), any failure to replenish Watercraft fuel prior to or at the end of the Rental Period, or to compensate for any failure of Licensee to pay any amount due under this Agreement, 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 or 6 below). Any remaining amount of the Deposit after deducting any of the amounts mentioned in the immediately preceding sentence, shall be refunded to the Licensee promptly after Licensor’s reasonable assessment period. For avoidance of doubt, if the amount of any damage to the Watercraft or Premises, Watercraft re-fuel costs, or any Late Payment fee, Cancellation Fee, or Late Return Fee (in the aggregate) exceeds the Deposit amount, Licensor may seek to recover any such additional amounts from Licensee including, without limitation, by any combination of (A) retaining any unused portion of any License Fee (if applicable), (B) by providing an invoice of such additional amounts to Licensee (which Licensee agrees to pay within 5 days of receipt of such invoice), or (C) by instituting legal or collection action against Licensee to collect any amounts then due from Licensee under this Agreement and Licensor, in addition, may seek any other remedies available to Licensor at law or at equity (and Licensee shall pay Licensor’s legal costs in instituting and prosecuting any such action including Licensor’s attorneys’ fees). In consideration of Licensor’s administrative burden of collecting from Licensee any payment of any Deposit, Licensee Fee, or any other amount set forth in this Agreement 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 and be due as part of the License Fee on the due date expressed in this Section 3.  
  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 (which terminates the Rental Period) immediately (i) upon notice to Licensee of any violation of the Rules, (ii) if Licensee otherwise breaches this Agreement including, without limitation, by causing any damage to the Watercraft, (iii) if Licensee fails to make any payment w 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 (including both the Deposit and Licensee Fee) 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 return to Licensee any pro-rata portion of the License Fee, for the remaining period of the Rental Period, which may be all of the Rental Period, as well as refund any remaining portion of the Deposit (after assessment of any damage as allowed pursuant to this Agreement), which Licensee agrees are Licensee’s sole remedy for a termination this Agreement by Licensor due to part (iv) of this Section 4.
  5. Substitution. Licensor reserves the right to substitute the Watercraft to another watercraft that Licensor has available at the Marina (which shall become the Watercraft under this Agreement) that is adequate to Licensee’s group size as determined by Licensor in Licensor’s discretion. Nothing in this Agreement or any photograph or description on Licensor’s website guarantees Licensee a particular Watercraft or any particular equipment or feature of any Watercraft either before, during, or after the Rental Period nor does this Agreement guarantee that the Watercraft or any other watercraft or equipment will be made available to Licensee after the Rental Period or at the same License Fee (which is subject to change by Licensor at any time) as contained in the Contract in any future time period.  
  6. Return of Watercraft. Licensee shall return the Watercraft (including all appurtenant equipment provided to Licensee by Licensor) to the location within the Premises specified by Licensor either verbally or in writing at the beginning of the Rental Period (“Return Location“) (safely secured to the dock or brought on shore, if applicable) on or by the end of the Rental Period or earlier termination of the Rental Period pursuant to this Agreement with any and all personal property and trash of Licensee and Licensee’s invitees completely removed from the Watercraft and any and all spills or tracked soil cleaned up from inside the Watercraft. For motorized Watercraft rentals, Licensee shall replenish the fuel in the Watercraft’s fuel tank, at Licensee’s cost, at the Marina’s 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 or Licensee shall be charged an additional Watercraft fuel fee in the value of the fuel not replenished (which may be charged against the Deposit).  If the Watercraft is not returned to the Return Location on or by the end of the Rental Period, Licensee shall pay immediately upon return of the Watercraft by Licensee, in addition to any other remedy or fee that is available or becomes due to Licensor, $25 for each 15-minute period the Watercraft has not been returned to the Return Location by Licensee after the Return Period as a minimum administrative fee, which may be increased by Licensor 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”).
  7. Risk of Injury and Loss.  Licensee recognizes and agrees that all risk of (i) personal injury to, or (ii) loss, theft, damage, or destruction, partial or complete, to any and all items of personal property of, Licensee and Licensee’s invitees whether occurring on or around the Watercraft, anywhere on the Marina grounds (the Watercraft and Marina ground are, collectively, the “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 or retrieve any such personal property left on 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 Licensee and Licensee’s invitees) expressly assumes the risk inherent in operating any Watercraft or being present in or around the Premises, including, without limitation, in or around Lake Lemon. Licensee recognizes and agrees that Licensee is responsible for insuring the personal property of Licensee and Licensee’s invitees located on Premises and Licensee and Licensee’s invitees are responsible for, and shall carry adequate 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(s) of the Premises, and all of their affiliates, successors, lenders, assigns, owners, managers, officers, employees, agents, and contractors (“Representatives“) against damages, claims, demands, disputes, losses, injuries, or causes of action (each a “Claim“) including, without limitation any Claim of personal injury or loss to personal property of Licensee, any of Licensee’s invitees, or any third party arising from Licensee’s or Licensee’s invitees’ use of the Premises, regardless if the negligence of Licensor or Licensor’s Representatives were a cause or contributing factor.  Furthermore, Licensee hereby indemnifies Licensor against, and shall waive any right of subrogation with any applicable insurer for Licensor’s Claim(s) arising from, any damage or loss to the Premises arising in any way from Licensee’s or Licensee’s invitees’ use of any portion of the Premises including, without limitation, Licensee or Licensee’ invitee’s use or operation of, interaction with, and any accident that may occur (regardless of fault) related to, the Watercraft or the Premises, excluding normal wear and tear to the Watercraft when used as licensed pursuant to this Agreement. Furthermore, if Licensee fails to return the Watercraft on or by the end of the Return Period Licensee agrees that Licensor may, in addition to all other remedies stated in this Agreement, or that are available at law or equity, take any action Licensor deems necessary and proper to regain possession of the Watercraft from Licensee, including by boarding or towing (or both) the Watercraft wherever the Watercraft is found by Licensor (or any of Licensor’s Representatives) and, if necessary, Licensor may obtain an injunction from a court of competent jurisdiction and seek law enforcement intervention without posting any bond to regain immediate possession of the Watercraft (and Licensee shall pay Licensor’s legal costs in obtaining any such order, including Licensor’s attorneys’ fees).
  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, the Rules, and the Contract constitute the entire agreement between the Parties 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. Terms of this Agreement that, reasonably by their nature, or as expressly provided in this Agreement survive the expiration or early termination of this Agreement shall so survive, including without limitation, Section 6 (Late Return), Section 8 (Indemnification), Section 12 (Governing Law), Section 19 (Notices).
  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 in this Agreement.  This Agreement may only be modified or altered by the express written consent of the Parties to this Agreement.  Licensee acknowledges that Licensee has read the entirety of this Agreement and has had an opportunity to review such terms and conditions with legal counsel of Licensee’s 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 in 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, 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 (iii) any lender of Licensor. 
  17. Force Majeure. In no event, shall Licensor be liable to Licensee with respect to any failure, cancellation, or delay by Licensor in providing the Watercraft or to perform any other duty or obligation under this Agreement that is attributable to weather, acts of God, war, natural disaster, mechanical failure of or other damage or loss to the Watercraft, changing of the water level of or rules or regulations of use of Lake Lemon by the Lake Lemon Conservancy District (“LLCD“) or City of Bloomington, civil disturbances, work stoppages, power failures at the Premises, fire, pandemics, general shortages in the availability of materials or fuel, governmental (including without limitation, the LLCD and City of Bloomington) orders, failure by a third-party Watercraft licensee to return the Watercraft prior to the start of the Rental Period, or any violation of this Agreement by Licensee or Licensee’s invitees, or other similar events beyond Licensor’s reasonable control (“Force Majeure”). Unless otherwise provided in this Agreement, 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 subject to availability of the relevant Watercraft given reservations made by other customers of Licensor. 
  18. Compliance with Laws and Regulations. Each Party 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 (“Government Regulations“).   
  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 or the Contract 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 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 (including, without limitation the Contract), the conflicting term as stated in the body of this Agreement shall control and supersede the conflicting term in that external resource.