RENTAL AGREEMENT

Special Terms and/or Conditions

 

All drivers and people filling out paperwork MUST bring in a driver's license at the time of rental.

 

In consideration of the agreement herein, LESSOR (Raccoon Lake Boat Rental) does lease to the undersigned (hereafter referred to as the renter/s, driver/s, he/she, his/her, they, you, or their) the watercraft and equipment described herein.

 

Credit Card Authorization

Renter hereby authorizes Raccoon Lake Boat Rental to charge the renter credit card on file for services rendered and damages. Renter agrees that the following can be taken off of the card on file: gas that rental watercraft used during the rental, damages, lost equipment, and any fines or fees listed on this agreement.

 

Renter further agrees that in the event the damages exceed the deposit amount ($100-pontoon, $200-ski boat and waverunner, $100 tube/skis/wakeboard/ZUP board/floating mat), Renter will provide Raccoon Lake Boat Rental with the difference in the damage amount and deposit is taken. Renter waives the right to dispute the charge for any reason except credit card fraud. Renter has 14 days from the time of the charge to make a dispute. Items cannot be disputed after the 14 day charge grace period. Renter further agrees that in the event that the credit card becomes invalid, renter will provide Raccoon Lake Boat Rental with a new valid credit card upon request to be charged for payment of any outstanding balance owed. If the balance is not paid renter will be taken to court in Parke County and will be charged all attorney fees. 

 

Terms and Conditions

Renter acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters and by accident, breakdown or malfunction of the rental craft. Renter further agrees to indemnify and hold harmless the LESSOR 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 LESSOR harmless should loss or damages occur to any of the renters personal property while carried in, or on the rental craft, including loss or damage caused by fire, water, theft or any other cause whatsoever. 

THE RENTER AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF WATERCRAFT TO LESSOR IMMEDIATELY. IF THE WATERCRAFT IS BROKE AND IS NOT REPORTED RENTER WILL NOT GET REFUNDED FOR ANY LOST TIME! Continued use of it shall be entirely at the RENTERS risk and thus RENTER assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use.

Renter agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of foregoing rental contract by LESSOR, including expenses incurred in the collection or attempting to collect delinquent payment and in the event of a suit by LESSOR to recover possession of said money owed and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that the Venue of any action hereunder shall be in Parke County.

LESSOR’S ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous renter, or any other cause beyond LESSOR’S control.

The rules and regulations contained herein and as posted in the office, on the watercraft, website, confirmation emails, brochure, and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The renter certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility to see that his/her family and/or guest(s) will obey the rules. The rental agreement, rules, policies, and driving instructions are also posted on the boat for reference.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed severed from the Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

Renter understands fuel is paid for at the end of the rental, and renter is responsible for the payment  Fuel MUST be bought at Raccoon Lake Boat Rental. It is against the law to not pay for your fuel! If renter doesn't pay for fuel LESSOR will contact the Conservation Officers and the park security, and the fuel will be added to your card on file or you will be taken to court in Parke County for theft.

 

POLICIES

RENTER AGREES TO ALL OF THE FOLLOWING RULES AND POLICIES

 

Late Fee

  Negligence and/or misuse will be assessed a charge equal to a one-hour rental rate plus labor and parts.

 

In the event the watercraft is not returned at the time stated on their agreement, the renter agrees to pay for OVERTIME AT THE FOLLOWING RATE PER 10 MIN:

Twenty Dollars ($20) for pontoon boats, and twenty-five Dollars ($25) for waverunners and ski boats.

If renter is over a half-hour late, renter will be charged the rate of a full hour rental plus the above fees per 10 minutes.

 

RENTER UNDERSTANDS THAT THERE ARE NO REFUNDS FOR EARLY RETURNS. 

Renter will be charged late fees regardless of the reason they are late.

Please mark where the boat rental is located on your phone map or the lake map on the boat so you can easily make it back to the dock in time.

Rental times are not extended for late arrivals for your rental and refunds/discounts are not given.

Renter will pay the FULL price of the reserved time even in the event that they did not show up for the rental on time. If running late you will still be charged the full rental price of the original rental, and you will forfeit that time on the water. The boat still needs to be returned at the scheduled time.

 

Damages and Deposit

Renter acknowledges he/she will carefully examine the watercraft and will sign the damage diagram finding the watercraft and equipment suitable for the purpose for which it is leased. Renter will maintain both craft and equipment in a safe, dependable condition while in renters custody including docking. If the watercraft is not in suitable condition at the rental start time the renter will notify an employee and markdown any damage or problems on the watercraft damage diagram.

The deposit will be forfeited in the event that the watercraft or equipment is damaged in any way during renters rental time and possession and failing to return the watercraft in as good condition as when the renter received it. Renter will be responsible and billed for any remaining repair cost beyond deposit and all downtime (including future canceled reservations due to being out of service for repair). If damage has to be quoted we will get a quote as soon as we can from a supplier or mechanic and send it to you via email.

Any damages that require the boat to be hauled out of the water will be charged $100 plus $20/hr mechanic charge.

Loss of equipment such as anchors, life jackets, etc will be taken out of renters deposit.

Renter understands that some damages depending on the extent of them might cost more than what is posted.

Renter will stay at least 200 feet from shore and keep a lookout for logs, stumps, rocks, shallow spots, and debris. These will damage the propeller and the ladder if it is left down. Renter will be charged for missing and damaged propeller blades and lower unit (these cost in the thousands). 

 

Cancellations and Refunds

 

There are no refunds/discounts due to late check-ins, early returns, change of plans, illness, weather, car problems, etc. 

 

Weather

Inclement weather is defined as the weather where there are unsafe conditions. This includes warning of severe storms, high wind advisory, or tornado as defined by the National Weather Service (NWS). If there are inclement weather conditions in the Raccoon Lake area at the time of renters departure then the rental reservation will be postponed or delayed, and the reservation can be rescheduled

If weather conditions are overcast, cold, cloudy and rainy, but no warnings are issued by the NWS, the rental reservation still stands for the day and cannot be canceled or returned early for a time credit.

In case the weather turns severe (lightning) while renter is on the lake if at all possible return to the dock. Renter needs to always be aware of the weather and their location on the lake, and start heading back as soon as the weather starts to look bad. If unable to return, seek a place of safety such as a cove or a protected shoreline and call LESSOR immediately. Anchor the boat at the bow (front) into the wind. LESSOR cannot give refunds for time not used during a pop-up storm, but renter can reschedule and receive a time credit. Note: if renter doesn't return to the dock renter will NOT be given a refund or credit. LESSOR asks all renters to think about not only their safety but the safety of the employees and come back to the dock when they see severe weather approaching.

Renter can end their rental early and receive a time credit if there has been at least 45 minutes of heavy rainfall during their time, there are severe thunderstorm/tornado warnings or lightning at the time of the rental. 

Ability to rent and drive equipment

Renter and all drivers MUST be at least 18 years old and possess a valid United States issued driver's license. ID cards, international, and foreign driver's licenses WILL NOT BE ACCEPTED. If the renter/drivers do not meet these requirements they will not be allowed to rent and will be charged in full for the rental.

Renter and drivers MUST be able to speak fluent English. If the renter and driver’s are unable to speak fluent English then the rental will be forfeited and charged in full.

Only drivers who listened to instructions given by a Raccoon Lake Boat Rental employee and signed off on the damage diagram, watched and understood the video/slideshow, took the drivers test and passed, can speak fluent English and have a valid license are authorized to drive.

Boating Rules

Lake Rules

Renter and all drivers are responsible for learning and obeying all local, state and federal laws pertaining to operating the rented craft.

The vessel must be operated at speeds that are safe for the location and conditions. No weaving through boats that are underway, stopped, or at anchor and avoid swimming areas. Scan the area constantly, operate defensively, and avoid aggressive maneuvers.

Keep a safe distance away from people, objects, and other vessels. As speed increases, greater distance is needed to stop.  

Renter will make sure the weight is distributed evenly on the boat. Too much weight towards the front can make the front dig into the water and be dangerous. Also, make sure weight isn’t too much on one side and causing the boat to tip to one side.

When crossing the path of another boat driver should yield to the boat on their right. If the driver or the other boat fails to act, the driver understands there is a threat of collision and it is the driver's responsibility to slow down, steer away, or stop. If the driver meets a boat head-on, the driver should steer to the right. When coming behind another boater, you must do so on their left side. Always yield to sailboats, kayaks, canoes, and other non-motorized vessels.

It’s against the law to operate the boat while persons are sitting in the front of the front gate, sides, back cushion and gate, or swim platform while the boat is moving. While the vessel is in motion, passengers must remain seated and away from the front (bow), sides (gunwales), rear (stern/transom), and swim platform.

Swimming, diving, or jumping is not permitted while the boat is turned on. Individuals are never to enter the water unless the vessel motor is turned off, the keys are removed, the propeller has stopped spinning, and a life jacket is worn. Before starting the motor, always do a headcount to make sure all passengers are onboard and visually inspect the area.

Driver will NOT get close to other boaters and will keep a close eye out for tubes being pulled, etc. If a driver does not abide by this rule their rental will be forfeited without a refund. SAFETY IS THE LESSORS NUMBER ONE PRIORITY!

Driver will make sure there is a lookout other than the boat drivers whenever passengers or parts of the boat obstruct the driver's view. If a driver cannot safely see then anyone riding in the front must sit down or move out of the way.

It is illegal to attach a boat to a buoy or any other navigational aid. It is also illegal to move, displace, tamper with, damage, or destroy any navigational aid.

If the driver has ANY questions, the driver will ask an employee of Raccoon Lake Boat Rental. Renter understands they are responsible for knowing and understanding all laws and boat handling.

It is against federal law to operate your boat in any way that interferes with the navigation of another vessel. It is also illegal to anchor a boat in the traveled portion of the lake that will prevent or interfere with any other boat passing through the same area. 

 

Speed Restrictions

No person operating a boat shall approach or pass another boat in a manner, or at a high rate of speed, which creates a hazardous wake. All boats must be operated at 10 miles per hour or less between sunset and sunrise.

Renter and drivers understand what an idle zone buoy is and will obey all idle zone laws. Slow no-wake is "operation of watercraft at the slowest possible speed necessary to maintain steerage, but in no case greater than five miles per hour." Producing no white rolling wake anywhere from bow to stern" as their practical definition. The no-wake zones were created to help to reduce shoreline erosion and property damage in constricted areas as well as promoting safety in areas where boats may be in close proximity to shorelines and each other. Everything past the idle zone buoys in front of the bridge is idle.

Renter and drivers will ask an employee if they have any questions or will refer to the Raccoon Lake map. If renter/drivers disobey any idle zone buoys the rental will be forfeited without a refund. We have a GPS on the boat that will alert us if the watercraft is speeding in the idle zones. If you are speeding your rental will be ended immediately without a refund.

Just like when driving a car you will get pulled over for speeding and get a ticket. 

Reckless, Unsafe and Careless Operation and Conduct 

Operating a boat or PWC in a manner that unnecessarily endangers a person or property of another person is considered dangerous and you will be charged. Should you be ticketed by a law enforcement officer for one of the crimes listed below, you could have points assessed against your driver’s license. 

Examples of dangerous operation of a watercraft are: weaving through congested traffic, following a watercraft that is towing other individuals, jumping the wake of another watercraft, cutting between a boat and an individual being towed, crossing paths with another vessel when vision is obstructed, and steering toward an object or person in the water and turning sharply at close range. 

Other operating violations include: operating a PWC while facing backwards, operating a boat at speeds of more than 10 miles per hour between the hours of sunset to sunrise, loading the boat or PWC beyond the recommended capacity shown on the capacity plate, causing a hazardous wake from your boat or PWC, boating in restricted zones (no-go areas and in the beach area), ignoring posted speeds, and wake restrictions.

If RENTER is pulled over by law enforcement, caught by Raccoon Lake Boat Rental, or called in from other boaters on the water about bad conduct RENTER will immediately be brought back to the dock and the rental ended. RENTER will NOT be refunded or given time credit. Raccoon Lake Boat Rental does NOT tolerate any unsafe and disorderly behavior of any kind! Boating is meant to be fun and safe.

Alcohol and Drugs

Raccoon Lake Boat Rental has a strict NO DRUG policy! The rental will be ended immediately without a refund and police will be called if: any employee of Raccoon Lake Boat Rental suspects there are any drugs on the watercraft, the drivers are under the influence of drugs or alcohol, or anyone on the watercraft is drunk and disorderly.

It is unlawful for drivers of boats or PWCs to operate or allow anyone else to operate their boat or PWC while that person is intoxicated. Indiana law defines intoxication as having a blood alcohol level of 0.08% or greater, or being under the influence of alcohol and/or drugs such that a person’s thoughts and actions are impaired and he or she has a loss of normal control of faculties to such an extent as to cause danger to others. If arrested and convicted of boating while intoxicated: You will face the penalties of a Class C misdemeanor. In addition, if this is your first offense or the first in 10 years, you may lose all your driving privileges (motor boat and motor vehicle) for at least 90 days and up to two years. If you are convicted a second time within five years, you may be fined and jailed, and lose the privilege to operate a vehicle, boat, or PWC for 180 days and up to two years. More severe penalties exist for additional convictions. A person boating while intoxicated who causes the death or serious injury of another person will, upon conviction, be guilty of a felony. 

By operating a boat or PWC on Indiana waters, you have consented to be tested for alcohol or drugs if requested by a law enforcement official. If you refuse to be tested, you will be subject to arrest and punishment consistent with the penalties described above and lose your privilege to operate a vessel for at least one year.


 

Driving

Renter understands that driving the boat really hard for a long time will cause it to overheat, and renter will not be credited for time lost caused by this.

If a driver runs over something with the watercraft it will get caught in the jet or prop, and the renter  will lose their time and not be refunded for having to stop and get it removed.

Renter understands that once they pass under the Highway 36 bridge (to the left of the rental), and keep driving towards the second bridge (Portland Mills Bridge) drivers will turn around as soon as they see the second bridge. This area of the lake is very shallow. Renter understands that if they go to the big idle zone closest to the main ramp (by the campground) drivers will turn around once they see the park main road to the right (the bank will be covered in stone and there are no houses on that shoreline). Please refer to the lake map. There is a GPS on the boat and it will alert the office. You will be immediately asked to leave the area, and failure to do so will result in rental being terminated without a refund.

Boats do not have brakes; so stopping the engine does not stop the boat. Stopping quickly will be difficult if the boat is traveling too fast. Make sure to give yourself plenty of room to stop. Do NOT put the throttle in reverse quickly unless you absolutely have to. Doing so repeatedly damages the boat.

If renter or any other driver is pulled over by law enforcement for whatever reason renter will NOT be given a refund or time credit. If late due to being pulled over renter will be charged the stated late fees. NO EXCEPTIONS!

Renter understands he/she is allowed to use the restrooms located at the main ramp docks and boat rental. Renter will not beach the boat to go to the campground or anywhere else. Renter MUST have the boat docked anytime anyone in the renter's party needs to go to shore.

No racing boats, entering the beach area; diving off of boats, or playing chicken with the boats.

When refueling please let a Raccoon Lake Boat Rental employee fuel the boat. Please do not attempt to help or stand close to the fuel tank.

What is not allowed on the rental boats

Weapons, BBQ grills, pets, and kegs.

Please do not bring anything that will stain the seats. This includes but not limited to: red liquids, jello shots, clothes that will bleed, glow sticks, etc. You will be charged for cleaning or replacing our seats.

Rental will be terminated without a refund if renter/drivers do the following:

Driving too close to other boaters. Stay a minimum of 50 ft away from other boaters.

Not obeying lake rules (speeding in the idle zones, etc)

Driving erratically/unsafe driving

Allowing someone else to drive that has not been signed off on our agreement by an employee

Driver is under the influence of drugs or alcohol

If there are any drugs on the boat

Bringing a pet onboard

Beaching or coming within 200 ft from shore

Putting more people on the boat than what it is rated for

Driving with someone in front of the front gate or behind the back gate. Nobody is to be standing/sitting/laying on the front of the boat (in front of the front gate) or behind the back gate while the boat is turned on. You can get pulled over by police and you risk someone falling in and getting seriously hurt. 

 

Overnight Rental Agreement

Renter acknowledges the fact that they are renting a boat overnight from Raccoon Lake Boat Rental, and there will not be any employees of Raccoon Lake Boat Rental available from 6 pm-8:30 am Sunday thru Thursday or 8 pm-8:30 am on Fridays and Saturdays. If there is a problem, renter understands the employees and owners of Raccoon Lake Boat Rental, the Tiki Hut, and Raccoon State Recreation Area are not available for help.

 

Renter is responsible for everyone and everything in the watercraft, as well as the watercraft itself.

Renter understands they cannot keep the lights or radio on during the night without the boat running due to the battery dying. 

After dusk, it is required by state law to idle with the navigation lights on at all times when driving the boat. It is illegal and extremely dangerous to be on the water at night without operating both front red and green lights AND a rear white light. Lights should be checked before getting underway to ensure they are not only functional but also bright enough to be seen, and make sure you turn them to the off position correctly.

All boats must idle at night. A speed of no more than 10 mph is recommended.

Constantly scan for other boat traffic, debris, slower traffic, and even boats with no lights. Be prepared to react if it appears other boaters do not see you.

It is illegal to ski and tube at night.

Mechanical Issue

First make sure the throttle is in neutral and the killswitch is on. The boat will not start without these things.

If the driver cannot start the boat renter understands they must put the anchor/s in the water to keep from drifting into shore or other boaters. They must then call (765-344-1989) or text (765-592-3046) the boat rental right away.

To signal for danger or need for assistance, sound five short blasts of the horn. 

Pontoons and Ski Boats

Keep all hands and fingers free from gates and hinges when on the boat.

Towing of other vessels is prohibited.

Don’t have the radio on for long without the motor running or the battery will die.

Renter understands how to properly use an anchor and will ask an employee how to properly use/store the anchor/s during the rental. Renter will not move/untie any of the anchors. Renter will anchor the boat only from the front (bow) from the cleats, and will only anchor in idle zone areas. Renter must check the anchor rope and make sure the anchor is tied on before putting it in the water. Renter will be careful with the anchor/s, and not bang them against the boat. If the driver is driving fast or if it is rough out the anchor/s could fall off the boat. If it looks like this is a possibility the anchor/s need to be put behind the front gate. Renter is responsible for the anchor/s on the boat and must bring both anchors back without any damage or knots in the anchor rope. Renter will be charged for the anchor/rope if brought back missing or damaged.

Renter will make sure the ladder is up when nobody is in the water. 

DO NOT grab onto the steering cable when climbing on and off the boat by ladder!

Radios are not guaranteed to work! If you would like to listen to music please bring a backup. There are NO refunds, discounts, or ability to switch boats for non-working radios.

If fishing on a pontoon please be courteous of the renters behind you, and keep the boat as clean as possible. We clean between each renter, but it is hard to clean a big mess quickly.

PWC (Waverunners)

The lanyard must be attached to the operator’s wrist or life jacket at all times.

Always turn the engine off if anyone is off of the waverunner, especially near the back of the waverunner. There is a serious risk of water being forced into lower body openings of both males and females as a result of falling into the water, or being near the PWC jet thrust nozzle. The throttle should never be applied when anyone is in the water near the back of the waverunner. Normal swimwear does not protect against this forceful water entry. 

The jet drive intake has tremendous suction and will pull loose items ( i.e. long hair, sand, rope, stones, fishing line, loose clothing, or life jacket straps) through the jet drive. Participants must keep these objects away from the intake grate located on the bottom of the PWC.

Horseplay is not allowed. No spraying or splashing others or wake/wave jumping is allowed.

Stopping the engine will not stop the forward motion of the PWC, and steering control is lost when the throttle is released or when the engine is turned off. 

Correct procedure to upright a capsized PWC- look at the decal at the bottom or rear of the PWC that indicates the direction to roll the PWC to return it to an upright position.

Never FLIP the waverunner and NEVER RESTART IT full of water! If the machine flips, the Lessor has to pull it out of the water and inspect it professionally at the cost of the RENTER.

Renter is in charge of having something to tell time so they will not be late returning the PWC.

 

BOAT INFO AND MAXIMUM WEIGHT/SEATING

Renter must follow the weight limits and agree said watercraft will not be occupied by a greater number of persons than shown on this agreement due to safety concerns and to keep from damaging the watercraft. Please do not show up expecting to put more people on. We will not allow extra people on the boat and you will not be able to cancel without getting charged for the rental. IF you try to pick up more people on the water you WILL be caught, fined, and have to forfeit your rental without a refund.

PONTOON- No more than 13 people are allowed, the maximum weight for the captain's chair is 250 pounds.

PWC- No more than (2 kids and 1 adult) or 2 adults at one time. The maximum weight on the PWC is 530 pounds combined.

SKI BOAT- No more than 9 people are allowed on the boat at one time. The maximum weight is 1160 total pounds. The maximum weight in the captain's chair is 250 pounds. The more people/weight on the boat the slower it will go. Ski Boat is best with about 6 people.

 

By the renter and the additional drivers signing below drivers/renters acknowledge that they have watched the video (or were given driving and lake instructions by an employee), passed the safety test,  and met all driving requirements and are capable of driving. Drivers/Renter also acknowledges that they fully understand the video, lake rules, Raccoon Lake Boat Rental rules and policies and fines/fees, and instructions given by Raccoon Lake Boat Rental employees.  Renter understands that they are responsible and MUST make sure everyone follows the rules and abides by this agreement.  I am prepared to safely operate the rented boat, and if I fail to comply with the policies, and instructions listed below I will risk losing my rental time without a refund. I (we) are not under the influence of drugs and alcohol.I have been given the opportunity to ask any additional questions regarding the operation of the rented boat. I have been provided emergency contact information.

 

By signing, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By signing here, you are waiving that right. In consideration of the agreement herein, LESSOR does lease to the undersigned (hereafter referred to as the LESSEE, RENTER, I, WE, THEIR, MYSELF, MY, AND YOU). RENTER is signing off on behalf of themselves and anyone else who will be on and driving the watercraft.

 

RENTER has carefully read this agreement and fully understands its contents. RENTER is aware that this is a release of liability and a contract between the renter and Raccoon Lake Boat Rental and signed of their own free will. I (WE) HAVE READ THE ENTIRE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON ALL PAGES; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT

 

IT IS THE RENTERS RESPONSIBILITY TO  READ THE AGREEMENT IN ITS ENTIRETY! RACCOON LAKE BOAT RENTAL IS NOT RESPONSIBLE IF THE AGREEMENT WAS SIGNED WITHOUT READING OR JUST SKIMMING OVER IT! RENTER WILL BE HELD TO OUR POLICIES. FINES AND FEES REGARDLESS, SO PLEASE READ AND UNDERSTAND THEM!

LIST OF DAMAGES AND PRICES

prices subject to change and not all damages are listed

Test

The test includes slide show

Slide Show

All agreements, slide shows, and test are the property of Raccoon Lake Boat Rental

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Friday - Saturday 9 AM - 8 PM 

You must arrive at least an hour and a half before close to rent a boat!

 

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