A) Parties and Term.

1. Parties. This agreement (this “Agreement”) is between:

OWNER: BLUE CORAL BOAT RENTAL, LLC RENTER(s): Cardholder and all listed names in this Agreement.

EMAIL for Notice: jg@bluecoralboatrental.com

AND

2. Term. The term of the Agreement shall begin on the date this Agreement is executed and shall continue as long as is necessary to enforce

the Parties’ rights. This provision has no effect on and is distinguishable from the Rental “Duration,” which is the time in which RENTER is

entitled to take possession of the “Boat,” excluding any force majeure preventing the “Point of Takeover.” Time is of the essence regarding

pick-up and drop off the “Boat.”

B) Covenants, Rights, and Duties.

In consideration of the mutual covenants and agreements set forth in this Rental Agreement and for other good and valuable

consideration, the receipt and sufficiency of which is hereby acknowledged, OWNER and RENTER agree as follows:

GENERAL COVENANTS.

1. Disclosure. The PARTIES agree that the information contained in this Agreement is accurate as provided, to the best of their knowledge.

The Parties Agree to provide any updates and/or corrections to the information provided within ten (10) days of the change or realization of

any error. The duty to update this information ends 30 days after payment is received or the Agreement is cancelled, whichever comes later.

2. Limited Right of Possession. RENTER shall have a limited right to possession of the “Boat,” for the Rental “Duration” indicated in the boat

rental agreement, which is titled, “RENTAL DETAILS.”

3. No Assignment. RENTER will not assign this Agreement to any other individual, including any attempted assignment to those names

provided in this Agreement.

RENTER’S RIGHTS AND DUTIES.

4. RENTER Details. RENTER maintains a duty to provide accurate information in this Agreement, specifically within the “RENTER DETAILS”

and “List of Passengers.” If any of the information provided is inaccurate, this Agreement is subject to immediate cancellation and a loss of all

funds.

5. Duty to Inspect. RENTER maintains an ongoing duty to inspect the condition of the “Boat,” any Inventory and/or Equipment, the

information contained in this Agreement, the terms of this Agreement, and any and all life safety equipment provided.

6. Duty to Report. RENTER must report any health restrictions that would prevent RENTER or any “Passenger” from safely operating the

“Boat” or participating in any water activities, prior to the “Point of Takeover.” RENTER shall have a duty to promptly, no later than 24-hours,

but in some circumstances sooner, provide OWNER with Notice of any claimed defect, damage, missing items, or the like. Failure to Inspect

and/or report will result in a waiver of all rights, claims, and defenses by RENTER.

7. Duty to Maintain. From the “Point of Takeover” to the “Point of Return,” RENTER will, at RENTER’s sole expense, and at all times, maintain

the “Boat” in a clean and sanitary manner including all equipment, Inventory, and other items on the “Boat” in as good a condition as received,

normal wear and tear excepted.

8. Use of Boat. From “Point of Takeover” to the “Point of Return,” RENTER must follow all “Rules and Regulations ...” below.

9. Insurance. RENTER is encouraged to purchase separate travel insurance and other personal liability insurance to cover any loss related to

their “Boat” rental, including theft, injury, property damages, weather damages, government closures, pandemics, and any other loss related

to this Agreement. There is no guarantee that any insurance purchased by OWNER will cover a specific loss. If RENTER chooses to proceed

without insurance and OWNER either has no insurance, has inadequate insurance, or simply chooses not to report the claim to insurance in its

discretion, or OWNER’s insurance will not cover the specified event, then all payments and liability shall fall on the RENTER. RENTER is not

obligated to pay for any insurance provided by OWNER, however, in the event a claim is made for any incident that occurs during the Rental

“Duration,” RENTER shall be responsible for any deductible and that deductible may be paid by the “Damage Deposit.” In any event, theft is

the sole responsibility of the RENTER.

10. Cancellations by RENTER. All cancellations come at the at the cost of forfeiture of any Deposit already paid, including the “Booking” and

“Damage Deposits.” Refunds may be issued as follows: (a) Standard Reservations may be cancelled by RENTER up to thirty (30) days before

the start of the Rental “Duration.” (b) Cancellations on or after the start of the Rental “Duration” will be charged the “Total Price” and no refund

will be provided. No refunds for early return of the “Boat” by the RENTER, whatever the reason.

Bad weather is a recognized force majeure below but does not release RENTER from his/her obligation to make a full rent payment. OWNER

may delay release of the “Boat” due to inclement weather, but RENTER must still pay for those missed days. Bad weather days attach to the

Rental “Duration.” RENTER can anticipate that the “Boat” will not be usable during the entire Rental due to inclement weather and RENTER

agrees to assume that risk of loss.

RULES AND REGULATIONS REGARDING USE OF BOAT.

The following rules are mandatory and material obligations. If RENTER fails to follow any of the rules below, RENTER waives any and all rights

under this Agreement, specifically including the right to claim insurance coverage, the right to recover the “Damage Deposit,” and the right to

bring suit against OWNER for any remotely related loss.

1. Purpose of Use. The “Boat” must be used exclusively as a short-term rental for recreational use and for no other reason. RENTER shall

use the equipment in a good and careful manner and will comply with all of OWNER’s requirements and recommendations. RENTER will use

the equipment for the purpose for which it was designed and not for any other reason.

2. Docking and Storage. RENTER is solely responsible for proper docking and storage during the Rental “Duration.” Boats rented to a house

directly on the river must have a “Boat” lift able to lift the rented “Boat” out of the water. Before booking, RENTER must ensure access to a

boat lift, trailer, or dry dock to store the “Boat.” If at any time, RENTER cannot show proper boat-storage capabilities, for any reason, OWNER

may cancel the reservation without notice or refund.

3. Fixtures. Unless RENTER obtains the prior written consent from OWNER, RENTER shall not attach anything to the “Boat” unless the

alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the equipment.

OWNER reserves the right to retain and improper attachment.

4. Hours of Operation. With regard to multi-day rentals, operation of the vessel is only permitted between sunrise and sunset. Day-rentals

are from 8:30am to 4:30pm and our long-term rental hours are from 8:30am on the first day to 4:30pm on the last day.

5. Fuel. Only use Non-Ethanol fuel from a marine gas station or a hold may be placed on the “Damage Deposit.” If the “Boat” is not returned

with the same fuel level as recorded, the missing fuel amount will be charged from the “Damage Deposit” at a flat rate of $12 per gallon to

cover any fuel shortage and labor.

6. Inclement weather. RENTER’s accept full liability if boating during a “Small Craft Advisory” or when operation is not advised.

7. Shallow Waters. Operation of our vessels in waves greater than 3 feet or depths less than 2 feet, is considered irresponsible and negligent

and therefore is RENTER’s responsibility for all catastrophic damages that may occur.

8. Markers and Map. RENTER shall stay within the markers at all times. Boating in the Matlacha Pass is expressly prohibited. Unless OWNER

gives written permission otherwise, RENTER must keep the “Boat” within the zones marked on the map provided by OWNER. Failure to follow

this provision may result in immediate termination of this Agreement and cancellation without refund.

9. Capacity. The maximum number of people occupying the “Boat” is 8 to 15 depending which “Boat” has been reserved. If RENTER exceedsthe capacity of the “Boat,” RENTER assumes all liability for the entire “Duration.” of the “Boat” Rental and OWNER reserves the right to immediately cancel the reservation without any refund. The “Passenger Capacity” is provided in Section 3. of the boat rental Agreement, which is titled “RENTAL DETAILS.”

10. Approved Drivers. All RENTERs must be at least 25 years of age or older with some boating experience. If RENTER allows anyone under

the age of twenty-five (25) and/or anyone not listed as RENTER or approved operator in this Agreement to operate the “Boat,” RENTER will

forfeit the “Damage Deposit” and be liable for any other legal repercussions. To operate a motorboat of 10 horsepower or greater, Florida law

requires anyone who was born on or after Jan. 1, 1988, to successfully complete an approved boater safety course and obtain a Boating Safety

Education Identification Card issued by the Florida Fish & Wildlife Commission. A boat rental will be denied without refund if a proper license

cannot be shown.

Exemptions include: (a) A person licensed by the U.S. Coast Guard to serve as master of a vessel. (b) A nonresident who has in his or her

possession proof that he or she has completed a NASBLA - approved boater safety course or equivalency examination from another state.

Approved courses can be found at http://myfwc.com/boating/safety-education/courses/.

11. Pets. There is a strict no pets policy on the “Boat,” however Service Animals, as defined by the Americans with Disabilities Act (“ADA”),

are permitted without exception. RENTER must clean up after the Service Animal, keep the Service Animal on a leash at all times, shall not

allow the Service Animal on any of the upholstery, and assumes all responsibility and liability for the Service Animal. If RENTER commits any

fraud regarding a Service Animal or allows a Pet to board the “Boat,” OWNER may immediately terminate this Agreement without refund.

12. Consumption of Alcohol and Other Intoxicants. The boating laws of the state of Florida require that the person operating a boat should

not be under the influence of intoxicants. The legal limit of the blood alcohol content (BAC) is 0.08% and if arrested for a higher BAC, harsh

penalties may be imposed on the operator, based on the severity of the offense as well as the previous number of such convictions. The “Boat”

must be surrendered to OWNER following the arrest or detainment of any RENTER who is found to be under the influence.

RENTER agrees that RENTER, and/or any invitee, or licensee of RENTER will not use or possess any illegal substance(s) on the “Boat.”

RENTER agrees that OWNER may remove or cause to be removed from the “Boat” any RENTER, invitee, or licensee of RENTER who, while

using the “Boat,” illegally possesses or uses any illegal substances, violates any terms of this Agreement, is intoxicated, profane, lewd, or

brawling. Blue Coral Boat Rental LLC shall not be liable for any costs or damages that result from a RENTER’s intoxication and/or if RENTER

is found under the influence of a substance. RENTER shall indemnify and hold OWNER harmless for any loss related to this Agreement that

occurred on the same day or prior to the day RENTER is or is discovered to be under the influence. This includes civil, criminal, and administrative

liability, as well as any additional towing or impound expenses incurred, or the like. It shall be presumed that all loss and damage up to the

discovery were caused by RENTER’s lack of sobriety.

13. Ordinances and Statutes. RENTER will comply with all statutes, ordinances, and requirements of all municipal, state, and federal

authorities now in force, or which may be in force in the future, pertaining to the use of the “Boat.”

RULES AND REGULATIONS REGARDING POINT OF RETURN OF BOAT.

The following rules are mandatory and material obligations. If RENTER fails to follow any of the rules below, RENTER waives any and all rights

under this Agreement, specifically including the right to claim insurance coverage, the right to recover the “Damage Deposit,” and the right to

bring suit against OWNER for any remotely related loss.

14. Trash. RENTER is responsible for the removal of all trash from the “Boat.” If any Trash is discovered on the “Boat” after the Term, OWNER

may require RENTER to pay an additional trash removal fee. OWNER may collect the additional trash removal fee from the “Damage Deposit.”

15. Sanitation. RENTER is responsible for cleaning and sanitizing the “Boat” prior to the “Point of Return.” If the “Boat” is returned is an

extremely filthy “Condition,” especially if used for fishing, then a cleaning charge not to exceed $50 per hour will be assessed.

16. Waste Tank. Boats equipped with a waste tank need to be emptied by the RENTER immediately before returning the “Boat.” OWNER will

provide all information of location and procedure of emptying. Failure to do so will result in a $200 charge form the “Damage Deposit.”

17. Point of Return. RENTER must review and sign the “Boat Rental Agreement check-out” as indicated on the boat rental agreement.

PAYMENTS AND CHARGES.

18. Rental Rates. RENTER agrees to pay the “Total Price” provided in Section 2. of the Boat Rental Agreement, which is titled “RENTAL

RATES.” This term shall survive all acts of breach under this Agreement.

19. Timing of Payment in Full. RENTER shall pay any deposits required by OWNER to confirm any reservation, and RENTER

shall pay the “Total Price” no later than the start of the Rental “Duration.” Time is of the essence.

20. Method of Payment. RENTER agrees to allow OWNER to charge the Credit Card provided in Section 1. of the Boat Rental Agreement,

which is titled “RENTER DETAILS,” as well as for any costs and/or fees agreed to within this Agreement.

21. Approval of Other Charges. RENTER agrees that OWNER may charge the Credit Card for all agreed-to rental fees, including any

Inventory Add-ons, Booking Deposit, Mandatory Charges, “Damage Deposit,” or any damage exceeding the Damage Waiver cap.

22. Chargebacks. RENTER agrees to refrain from submitting any chargeback claims. OWNER has the right to charge RENTER’s card.

RENTER’s exclusive remedy is to file a legal action in court after following pre-suit “Notice” and mediation requirements. In the event RENTER

does submit a chargeback, RENTER shall pay all of OWNER’s legal fees incurred in disputing the Chargeback, and RENTER shall owe an

additional fee of $500 for OWNER’s time, energy, and lack of funds on account.

23. Late Arrivals. If RENTER is more than 30 minutes late for a scheduled reservation, your reservation may be canceled without a credit.

Late fees of $50 per half hour will be charged if returning later than the designated time.

24. Pickup and Delivery Service. At RENTER’s request, OWNER may provide delivery and pick up to house or vacation rental dock for multi-

day rentals only with a two-day rental minimum. Fees vary based on location and date. Generally, if the dock is located in South Cape Coral or

Fort Myers, there is at least a $200 fee. If the dock is located in St. James City, Fort Myers Beach or Sanibel, there is at least an extra $200 fee.

If the dock is located in Captiva, there is at least an extra $300 fee. These charges include fuel used to get the “Boat” to your location and back

to one of our locations.

Please note: We do not deliver to North Cape Coral due to water conditions. North Cape Coral Renters can get a slip at Tarpon Point Marina

for a nominal charge and do their boating from there. Boating in the Matlacha Pass is prohibited.

25. Booking Deposit. A $100 deposit plus tax is required to hold your reservation and is non-refundable. The “Total Price” is due 30 days prior

to the rental. We accept Visa, MasterCard, ... No refund will be given if cancellation is received less than one calendar month before the rental

start date.

26. Damage Deposit. The “Damage Deposit” is due at the earlier of the execution of this Agreement or the reservation is confirmed by

OWNER. OWNER reserves the right to cancel any reservation if the “Damage Deposit” is not promptly received. RENTER may not apply the

“Damage Deposit” towards other Rental Fees. OWNER will hold the “Damage Deposit” to secure RENTER’s performance pursuant to this

Agreement and applicable law and regulations. OWNER may apply said deposit to any damages caused by RENTER, RENTER’s invitees,

licensees, agents or employees, including without limitation, unpaid Rental Fees, any excessive cleaning required above and beyond the standard

post-rental cleaning, and any other damages.

OWNER is not required to apply the “Damage Deposit” towards any payments owed by RENTER and may charge the credit card provided

instead and in addition to using the “Damage Deposit.” RENTER will return the “Boat,” all Inventory, and any other property included therewith

to OWNER at the end of the Term in the same condition it was at the beginning of the Term, except for normal wear and tear. Any damaged

or missing personal property of OWNER will be deducted from the “Damage Deposit” at the greater of replacement value or cost to purchase

said item. Initials: _________

27. Damages. If the “Boat” and Inventory are not returned in the Initial “Condition,” RENTER agrees to pay to OWNER the cost of any and

all necessary repairs to bring the “Boat” and Inventory back to the Initial “Condition.” RENTER WILL BE RESPONSIBLE FOR DAMAGES CAUSED

BY RENTER’s WRONGFUL ACTS, OMISSIONS, OR NEGLIGENCE, OR THE WRONGFUL ACTS, OMISSIONS, OR NEGLIGENCE OF RENTER’s

28. Equipment Failure. If equipment failure of the “Boat” or Inventory is suspected to be caused by the misuse or negligence of RENTER,

OWNER may choose to not offer any refund or replacement, and RENTER will be liable for damages. If OWNER and/or RENTER discovers an

equipment failure of the “Boat” prior to the commencement of the Term, OWNER reserves the right to cancel RENTER’s reservation and refund

RENTER the full amount paid.

29. Sea Tow. In addition to and to the exclusion of Insurance, Mandatory towing service insurance will be charged to RENTER for any duration

of one week or less, additional weeks will incur additional charges. Currently, the rate is $30 per week, but that is subject to change and not

guaranteed.

30. Miscellaneous Mandatory Charges. Fuel, oil, and taxes are not all included in the “Total Price.” Fuel or fuel cost is the responsibility of

the RENTER.

31. Training. As a service, we also offer on the water instruction. This service is available upon request for an additional hourly charge of $100.

This is an optional service for those with some boating experience but is highly recommended for beginners. The instructional is a

requirement if you do not have any boating experience at all.

32. Fishing Poles. In addition to the inventory options above, RENTER may request and use fishing rods for free during the “Boat” rental. If

a fishing rod comes back damaged, a $50 damage fee for each damaged fishing rod will be retained from the “Damage Deposit.”

33. Limited Damage Waiver Terms and Conditions: RENTER has the option to choose the Limited Damage Waiver for a price of

$99, subject to the following:

a) RENTER must immediately report any damages to OWNER, upon discovery.

b) The Limited Damage Waiver covers the following:

1. Damages to or losses of an anchor, life jacket, fender, rope, flare, first aid kid, navigation chart, fishing rod, hook, or paddle.

2. Small hull damages which can be repaired for less than $1,000 (repair costs need to be determined by an expert and accepted by the

insurance company before decision is made to include costs in the Limited Damage Waiver).

c) The Limited Damage Waiver DOES NOT cover the following:

1. Engine, GPS, Fish finder and major hull damages are not included in the Limited Damage Waiver.

2. Damage resulting from the following:

a. Any cause, if not reported upon discovery to staff in writing by the “Point of Return.”

b. Acts of God.

c. Damages or missing items due to theft.

d. Intentional Acts of an authorized RENTER or a “Passenger. ”

e. Gross negligence or willful and wanton conduct by a Covered RENTER.

f. Damage caused by someone other than an authorized RENTER.

g. Normal wear and tear.

h. Damage caused by any animal, motor vehicle, watercraft, cigarettes, or any cause constituting a breach of this Agreement.

d)All waivers of damage will be administered by staff. Such staff will have the sole authority to determine the nature and extent of damages,

necessary repairs, and eligibility for the waiver of liability described herein.

e)The covered RENTER must report any damage to the “Boat” or its contents to staff upon discovery or coverage will be void. The staff has

ultimate claim administration authority.

C) OWNER’S RIGHTS AND DUTIES.

GENERAL RIGHTS AND DUTIES.

34. Optional Inventory Items and Services. OWNER does not guarantee the availability of any optional Inventory items or services, such

as training or pickup and delivery. However, OWNER will make a good faith effort to supply any requested inventory and/or services.

35. Equipment Failure. If an equipment failure of the “Boat” or Inventory is found and OWNER determines the failure was caused by no fault

of RENTER, the determination of which is in the sole and full discretion of OWNER, and the failure prohibits RENTER from enjoying the “Boat”

for the full Rental Period of this Agreement, OWNER may, at OWNER’s full and sole discretion, offer a partial refund, a total refund, or a

replacement rental, if available.

CANCELLATIONS

36. OWNER reserves the right to cancel RENTER’s reservation without refund for any violation of this Agreement, specifically including,

but not limited to, the following:

1) Failing to make timely payment in full, including all deposits.

2) Failing to arrive in a timely manner.

3) Allowing unauthorized passengers to operate the “Boat.”

4) Exceeding the designated capacity.

5) Operating the “Boat” is unauthorized territory.

6) Violating any law, ordinance, or code during the “Duration,” even if unrelated to the “Boat” and rental.

7) Damaging the “Boat,” Inventory, or any of OWNER’s property.

8) Any of the same by any “Passenger” or guest of RENTER.

9) Initiating a Chargeback, Litigation, or Alternate Dispute Resolution.

10) And/or any other violation by RENTER of this Agreement.

37. Force Majeure. In the event that OWNER cannot fulfill any or all of its obligations due to an unforeseeable event beyond either Party’s

control, including, an equipment failure, act of God, War, Government Closure, Government Action, Hurricane, Tornado, Inclement Weather,

Biohazard, Environmental Crisis, a global or local pandemic or epidemic, illness, and/or death, then OWNER shall be excused from

performance and it may be deemed that RENTER cancelled the reservation on the date OWNER is given written “Notice” and the standard

cancellation policy under Section (4.)(B)(10.) of this Agreement shall apply. Note the specific application when there is bad weather, as

detailed in Section (4.)(B)(10.).

DAMAGE DEPOSIT AND ADDITIONAL CHARGES

38. OWNER reserves the right to withhold RENTER’s “Damage Deposit” to recover losses caused by any violation of this Agreement,

specifically including, but not limited to, the following:

a) Late Penalties.

b) Fuel.

c) Emptying of Waste Tank.

d) Any non-payment of agreed-to “RENTAL RATES.” See Section 2.

e) Inventory Add-ons.

f) Booking Deposit.

g) Mandatory Charges.

h) Any damage that goes beyond the coverage of the “Damage Deposit.”

i) Additional cleaning caused by animal, including wild birds and/or ADA animals.

j) Additional Cleaning should the “Boat” be returned in an extremely filthy “Condition,” especially if used for fishing.

k) Damaged property including the “Boat,” any Inventory Items, Equipment, and/or any Safety Equipment.

l) Insurance Premiums for coverage of incidents during the Rental “Duration.”

m) Failure to sign the “Point of Return Inspection Acknowledgment Form” operates as a waiver and automatic acceptance of any amount

withheld for damages.

n) Any breach of this Agreement that financially impairs OWNER in any way, including litigation costs and attorney fees.

Initials: _________

39. If RENTER elects to opt into the Damage Waiver program, OWNER may still withhold a portion of the “Damage Deposit” if the damages

exceed $1,000 and/or if RENTER fails to immediately report any damages to OWNER. OWNER may also withhold for damages not covered

by the scope of the Limited Damage Waiver Program.

40. OWNER will hold the “Damage Deposit” to secure RENTER’s performance pursuant to this Agreement and applicable law and regulations.

OWNER may apply said deposit to any damages caused by RENTER, RENTER’s invitees, licensees, agents or employees, including without

limitation, unpaid Rental Fees, any excessive cleaning required above and beyond the standard post- rental cleaning, and any other damages.

OWNER is not required to apply the “Damage Deposit” towards any payments owed by RENTER. Any damaged or missing personal property

of OWNER will be deducted from the “Damage Deposit” at replacement value.

5.LEGAL TERMS

A) Rules of Interpretation.

When interpreting the meaning this Agreement, the following rules shall apply:

AMBIGUITIES. Any patent or latent ambiguities shall not be construed in the favor of any Party. Instead, the ambiguities should be resolved by giving primary consideration to the plain meaning of relevant terms, then by considering definitions within any dictionary published by

Thomson Reuters and Webster’s, with the former being given primary consideration and greater weight. If a plain reading and dictionary definitions do not resolve the ambiguity, then statutory definitions and language should be used, regardless of the application of the statute, to include federal, state, criminal, civil, commercial codes, domestic & family, and administrative codes adopted pursuant to the same.

DEFINITIONS. The Index attachedi at the end of this Rental Agreement should be applied in every potential circumstance. If there is doubt regarding whether a written word falls within the scope of a defined term, the doubt should be resolved in favor of applying the definition within the Index, even if the word is not punctuated properly, constitutes improper grammar, or is misspelled. CONFLICT. If any two provisions of this Agreement are in conflict, OWNER may elect which rule to follow, unless the conflict is pointed out by RENTER in writing to OWNER, giving “Notice” that the conflict exists and identifying the conflict, within 24-hours of execution, in which case the term or provision appearing earliest in this Agreement will supersede the latter term or provision causing the conflict. INDEPENDENT COVENANTS. All the covenants in this Agreement are intended by each Party hereto to, and shall, be construed as, an agreement independent of any other provision in this Agreement to the fullest extent possible, and the existence of any claim or cause of action of any RENTER against OWNER, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by OWNER of any covenant in this Agreement, unless the RENTER can show by clear and convincing evidence that the obligation to be performed was impossible due to OWNER’S breach of a separate covenant. This provision and rule shall not affect OWNER’s right to cancel this Agreement in accordance with any separate provision in this Agreement, specifically including, but not limited to, RENTER’s obligations under Section (4.)(B) and Cancellations by OWNER under Section

(4.)(B). SURVIVABILITY. The RENTER’s obligation to pay and to pay for damages shall survive any termination, cancellation, or breach by either Party. SEVERABILITY. If any term, condition, or other provision and/or part thereof found within this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or incapable of being enforced by any rule of Law or public policy, all other terms, conditions, and provisions of this Agreement shall nevertheless remain in full force and effect to the maximum extent allowed by law. Upon such

determination that any term or other provision is invalid, illegal, or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify this Agreement to reflect the original intent of the Parties. INTEGRATION. This is the entire agreement between the Parties. No oral or written agreements, offers, and/or guarantees are made by either Party other than those expressly written in this Agreement. OWNER has made no guarantees to RENTER, including in any advertisements or any oral and/or written communications. Any ambiguities should be resolved in accordance with the procedure described above and no weight should be given to any communications, actions, or extrinsic writings by either Party. This provision and rule shall not apply to the following documents, which are incorporated into the Boat Rental Agreement as though part of the same Agreement:

o The Boat Rental Check-in Checklist,

o The agreement made for Sea Tow,

MISSCELANEOUS.

• The words “and” and “or” shall be construed disjunctively or conjunctively to bring within the scope of each discovery request all

responses which otherwise might be construed to be outside the scope of the discovery request in review.

• The word “any” shall be construed to include “all” and vice versa.

• The word “each” shall be construed to include “every” and vice versa.

• Any word in the singular form shall be construed as plural and vice versa.

B) Liability.

ASSUMPTION OF RISK. RENTER ACKNOWLEDGES THAT THE OPERATION OR USE OF THE “BOAT” IS AN INHERENTLY DANGEROUS ACTIVITY WITH INHERENT RISKS AND AS A CONDITION TO PARTICIPATING IN THIS RENTAL, RENTER PERSONALLY ASSUMES THOSE RISKS INCLUDING, BUT NOT LIMITED TO: SLIPPING OR FALLING ON DOCKS, LAUNCHES, AND BOAT DECKS; DROWNING; EXPOSURE TO THE ELEMENTS; EXPOSURE TO HARMFUL ORGANISMS; INCLEMENT WEATHER; HYPOTHERMIA, TERMINAL DEHYDRATION, SUNSTROKE, OR STARVATION; LOSS OF ORIENTATION OR BALANCE; AND OTHER UNANTICIPATED EVENTS THAT MAY LEAD TO BODILY INJURY OR DEATH OR LOSS OR DAMAGE OF PERSONAL PROPERTY DURING THE “DURATION” OF THE RENTAL AND IMMEDIATELY LEADING UP TO AND PRECEDING THE “DURATION.” RENTER ACKNOWLEDGES THAT RENTER HAS NO HEALTH RESTRICTIONS THAT WOULD PREVENT RENTER FROM SAFELY OPERATING THE “BOAT” OR PARTICIPATING IN ANY WATER ACTIVITIES DURING THE TERM OF THIS AGREEMENT. RENTER AGREES THAT RENTER HAS THE NECESSARY KNOWLEDGE AND SKILL TO OPERATE THE “BOAT.” RENTER KNOWLINGLY AND VOLUNTARILY ASSUMS ALL RISK OF INJURY, ILLNESS, DAMAGE, ORLOSS ASSOCIATED WITH THE RENTAL OF THE “BOAT.”

AS IS CONDITION. RENTER takes the “Boat” and Inventory in an “AS IS” “Condition” and as suited for the uses intended by RENTER and acknowledges that the “Boat,” Inventory, and all personal property therewith are in good repair, unless otherwise indicated by the Parties.

RENTER will, at RENTER’s expense, and at all times, maintain the “Boat” in a clean and sanitary manner including all equipment, Inventory, and other items on the “Boat” in as good a condition as received, normal wear and tear excepted.

NONRELIANCE. RENTER agrees that it/they do not rely on any representations made by OWNER, including, but not limited to, oral

representations, advertisements, website information, and any written communications, including SMS messages and Electronic mail.

BINDING POWER AND ASSIGNABILITY. RENTER understands and acknowledges that the terms herein are contractual and not a mere recital, that this is a legally binding document, and that RENTER has signed this document freely. RENTER may not, under any circumstance, transfer the rights under this Agreement to any other individual, even if listed as a “Passenger” in this Agreement. FORCE MAJEURE. This Agreement contains express and detailed terms regarding force majeure events above. Generally speaking, in the event of a force majeure, specifically

weather, travel restrictions, pandemics, and government actions OWNER is absolved of any duty to perform, but RENTER must still pay. The preceding paragraphs of the Agreement shall supersede this paragraph if in conflict. LIMITED RELEASE OF LIABILITY. RENTER hereby

releases OWNER and any and all referring property management companies and/or property owners, or the like, from all liability, claims, demands, and/or causes of action for any injury, disability, death, or lossor damage to person or property sustained by RENTER, invitees, or

licensees caused by a hidden, latent, or obvious defect on the “Boat” or any of the Inventory used on the “Boat,” or any failure to properly instruct, supervise, or train.

OWNER WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES RESULTING FROM ANY CANCELLATION OR BREACH.

C) Litigation.

MANDATORY PRESUIT MEDIATION. A pursuit requirement to any litigation, or chargeback, arising under this Agreement or connection with this Agreement is mediation with a Florida Supreme Court certified mediator. The Parties shall cooperate to schedule a mediation within 90 days of the dispute arising and mediation being demanded by written “Notice,” in accordance with the terms of this Agreement. BURDEN. The OWNER will not be liable for any damage or injury to RENTER, or any other person, or to any personal property located on the “Boat” or at OWNER’s rental facility during the Rental “Duration,” unless RENTER can prove, by clear and convincing evidence, that the damage was caused by OWNER.INDEMNIFICATION. RENTER releases OWNER and any and all referring property management companies, or the like, and agrees to indemnify and hold OWNER and the same harmless for any and all liability, cost, or expense which may be sustained by, or imposed by law, incurred as a result of (a) RENTER’s failure to fulfill any conditions of this Agreement; (b) any damage or injury happening in or about the “Boat” during the Rental “Duration” to RENTER, “Passenger,” RENTER’s invitees, RENTER’s licensees, or such person’s property;

(c) RENTER’s failure to comply with any requirements imposed by any governmental authority; and (d) any judgment, lien, or other encumbrance filed against the OWNER’s as a result of RENTER’s actions or the actions of any invitees or licensees. RENTER’s agreement to

indemnify and hold harmless shall also encompass any such loss, damage, or injury to “Passengers” and/or all third Parties during the “Duration” of the rental, including but not limited to: boating related injuries and the risks inherent in the use and rental of watercraft, bad weather, personal injury, disease from marine life or exposure to the elements, third-party negligence (including products liability), theft, terrorism, and/or other intentional activity. The term, “third-party” specifically includes but is not limited to any guests and “Passengers” of the “Boat,” whether or not intended as such by RENTER, and any service providers, such as gas station employees. RENTER’s indemnification will include attorneys’ fees and court costs incurred by OWNER for enforcing any provision under this Agreement. OWNER does not provide

insurance on RENTER’s, invitees’, or licensees’ personal property. This indemnification provision shall also apply to OWNER’s insurance company, if applicable, so that RENTER must indemnify and hold OWNER’s insurance company harmless just the same as OWNER. CHOICE

OF LAW AND FORUM SELECTION. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without regard to the jurisdiction in which any action or special proceeding may be instituted. Any action arising under the terms of this

Agreement, including, without limitation, any action to enforce this Agreement, will be filed in the Twentieth Judicial Circuit, within Lee County, Florida. The Parties hereby expressly consent to the jurisdiction and venue of the Twentieth Judicial Circuit, within Lee County, Florida.

REMEDIES. RENTER agrees to refrain from submitting any chargeback claims. OWNER has the right to charge RENTER’s card for the agreed-to “RENTAL RATES” under Section 2. including any all deposits. RENTER’s exclusive remedy is to file a legal action in the Twentieth Judicial

Circuit, within Lee County, Florida. In the event RENTER does submit a chargeback, RENTER shall pay all of OWNER’S legal fees incurred in

disputing the Chargeback, and RENTER shall owe an additional fee of $500 for OWNER’S time, energy, and lack of funds on account.

ATTORNEY FEES. The prevailing party in any litigation arising under or in connection with this Agreement shall be entitled to reasonable

attorney fees and costs arising out of any prelitigation, mediation, card chargeback, arbitration, litigation, or the like.

Index

In addition to the terms “Parties,” “OWNER,” AND “RENTER,” which are defined above in Section (4.)(A), and Passengers, as listed under Section 5, “List of Passengers,” the following definitions shall be used when the corresponding terms appear throughout the four corners of this Agreement and its Addendums:

AGREEMENT: The term “Agreement” shall mean this Boat Rental Agreement, including the incorporated “Boat Rental Check-in Checklist,” “Sea Tow Agreement,” and “Point of Return Inspection Acknowledgement Form” and waiver.

BOAT: The term “Boat” shall mean the vessel described in Section 3. of this Agreement, which is titled “RENTAL DETAILS,” identifying the Boat by “Type & Name,” “Registration Number,” and “Passenger Capacity.”

CONDITION: The term “Condition” shall mean the condition the Boat was in prior to the “Point of Takeover.”

RETURNED CONDITION: The term “Returned Condition” shall mean the condition the Boat was in following the Point of Return.

DAMAGE DEPOSIT: The term “Damage Deposit” shall mean the amount paid by RENTER to cover any damage claimed by OWNER in the “Point of Return Inspection Form.”

NOTICE. The term “Notice” or “Notify” shall mean a timely email from RENTER to OWNER to the email address provided above.

DURATION. The term “Duration” shall mean the time period set forth in Section 3. of this Agreement, which is titled “RENTAL DETAILS.”

Time is of the essence regarding pick-up and drop off of the “Boat.”

RETURN LOCATION. The term “Return Location” shall mean the location the Boat must be returned to by RENTER, in accordance

with the Location listed in Section 3. of this Agreement, which is titled “RENTAL DETAILS.”

POINT OF TAKEOVER: The term “Point of Takeover” shall mean the time then OWNER surrenders limited control and possession

rights to RENTER by handing the keys to RENTER. Time is of the essence.

POINT OF RETURN: The term “Point of Return” shall mean the time when RENTER fully surrenders control of the Boat back to OWNER, the Boat is fully docked and secured in the correct marina, referred to as the “Return Location,” and the OWNER has the keys to the vessel in hand. Time is of the essence.

SECTION. The term “Section” followed by a number shall be used to identify the headings that begin with a number and all the materials and subheadings that fall under the specified heading.

TOTAL PRICE. The term “Total Price” shall mean the final dollar amount listed under Section 2. Of this Agreement, titled “RENTAL RATES,” plus any damages to the Boat that need to be charged to the credit card.