IT IS YOUR RESPONSIBILITY TO REVIEW ALL OF THESE RULES AND ENSURE YOU UNDERSTAND THEM. YOU WILL BE REQUIRED TO SIGN THE RENTAL AGREEMENT BELOW ON YOUR RENTAL DAY, SO PLEASE REVIEW IT CAREFULLY. WE WILL NOT OFFER REFUNDS FOR CANCELLATIONS DUE TO A RENTER'S FAILURE TO READ AND UNDERSTAND ALL RULES AND REGULATIONS

RENTAL BOAT POLICIES

RULES

1. Renter must be 25 years of age with a valid driver’s license to rent or drive a pontoon
2. Late Fee: Renters will be charged $50.00 FOR EVERY 15 MINUTES the boat is returned after the designated rental time. (Example, if you are 16 minutes late you will be charged $100)
3. Damage Deposit: A pre-authorization of $500 will be charged to your credit or debit card upon arrival, which will be used to cover any damage sustained.  If the damages exceed $500 the renter is responsible for the difference beyond the pre-authorized amount.
1. NO CASH OR CHECK for the pre-authorized amount. Assuming there is no damage when the boat is returned, the pre-authorization will be terminated. 
2. The credit/debit card used for payment and/or the pre-authorization must be present.  Your name must be listed on the card as a signer, including corporate credit/debit cards.
4. No smoking on the rental (or at the marina) at any time.
5. No pets
6. Absolutely no skiing, tubing or towing of any kind behind the rental boats. 
7. Alcohol:
1. No kegs allowed. 
2. Please make arrangements for a designated driver. 
3. The driver of the pontoon is strictly prohibited from consuming alcoholic beverages during rental.
8. No gas powered generators
9. No grills allowed
10. No silly string, glitter or crepe paper decoration on the pontoon as it stains our vinyl flooring and seating.
11. No tying up to other boats or structures, commercial docks such as restaurants or marinas are the only exception. 
12. Do not beach the boats, rocks can puncture the pontoon tubes.

PARKING 

1. We must limit the number of cars in our lot due to parking capacity, which will be strictly enforced. 
1. 30’ pontoon - 4 vehicles
2. 25’ pontoon - 3 vehicles
3. 14’ fishing boat - 2 vehicles

CANCELLATIONS & REFUNDS

Cancellations:

1. Cancellations may be made up to 10 days prior to your rental date, without penalty.
2. Cancellations made 9 days or less, prior to the rental date, will result in a forfeiture of the rental fee.

Weather Policy:

1. Weather related cancellations on the day of your rental are acceptable if we are experiencing any of the following:
1. Lightening
2. High winds in excess of 25 mph
3. Heavy rain 
2. To avoid being charged, renters are required to call us prior to the rental time and request a weather related cancellation.
3. Forecasted weather at 30% or less does not warrant a refund of your rental amount if said party chooses not to go out. This will be based on the forecast from The National Oceanic and Atmospheric Administration, for Excelsior, MN.
4. Howard’s Point Marina reserves the right to cancel the rental at any time if it is deemed unsafe for the boat or renters to be on the water, for which a full refund will be issued.

Partial Rain Day:

1. If a pontoon comes back to the marina early due to one of the above weather conditions, the renter will be prorated for their time on the water.

1. Speed Limits: There is a 5 mph speed limit within 300 feet of the shore and within 150 feet of structures, swimmers, or anchored craft. These limits help reduce large wakes near the shore.
2. Life Jackets and Throwables: Boats must carry one USCG-approved life jacket for each person, and those 16 feet or longer also need a throwable flotation device. Children under 10 must wear a life jacket at all times.
3. Boating under the influence: Boating while under the influence of alcohol, or any other controlled or illegal substance, is illegal. The Minnesota limit is 0.08. Underage drinking is strictly enforced. Watercraft owners or operators may be held liable.
4. Riding on gunwales or decking: It is illegal to ride or sit on, or operate a motorboat while someone is riding or sitting on the gunwale (top edges of the hull), bow, transom, decking over the bow, side or stern while underway (unless it is equipped with an adequate railing).
5. Navigational lights: Proper navigational lights (red to port, green to starboard, white 360 degrees around watercraft) must be displayed when boating after sunset and before sunrise.
6. Wakes: It’s illegal for your watercraft’s wash and wake to endanger, harass or unnecessarily interfere with any person or property.
7. Channels & navigation: No person may interfere or block navigation of watercraft, moor, or otherwise create safety hazards in channels or public passageways. Swimming, towing, jumping from bridges and overtaking boats in channels is also prohibited.
8. Buoys: operators must be aware of the waterway markers to safely navigate the lake.
9. Speed Limits:
1. DAYTIME Speed limit: 40 mph 
2. NIGHTTIME Speed limit: 20 mph

THIS RENTAL AGREEMENT (“Agreement”) by and between Howard’s Point Marina, LLC, a  Minnesota limited liability company (“Marina”), and the undersigned (“Renter”), is effective as of the  date signed below by Renter (“Effective Date”).  

1. Terms, Rules and Waivers. Renter and all passengers of the Watercraft must sign and date a  Waiver and Release in a form acceptable to Marina (each a “Waiver”). Each Waiver, along with  the attached Terms and Conditions (the “Terms”), Marina’s Watercraft Check Sheet signed by  Renter (if applicable) (the “Watercraft Check Sheet”), and Marina’s then current applicable  rental rules (the “Rental Rules”) are hereby incorporated into and deemed a part of this  Agreement. 

BY SIGNING BELOW, THE UNDERSIGNED REPRESENTS THAT HE OR SHE IS AT LEAST TWENTY-FIVE (25) YEARS OLD AND HAS CAREFULLY READ AND AGREES TO COMPLY  WITH THIS AGREEMENT. If signing on behalf of an entity, the undersigned represents that he or  she has full power and authority to bind Renter to this Agreement. Marina’s provision of the  Watercraft shall be deemed Marina’s acceptance of this Agreement.

TERMS AND CONDITIONS 

1. Renter’s Certification. Renter hereby agrees Renter (i) is experienced and capable in all aspects of handling and operating the Watercraft, (ii) has a valid watercraft operator's permit or is an exempt operator, (iii) will not use the Watercraft for any  unlawful purpose or in a careless or negligent way, (iv) will strictly comply with this Agreement (including the Terms and the Rental Rules), (v)  will operate, handle and maintain the Watercraft in a safe and dependable condition, (vi) has provided accurate and complete information in  connection with this Agreement, and (vii) shall be responsible for all acts and omissions of Renter and others on or in relation to the Watercraft. 
2. Additional Drivers. Renter agrees that only individuals who they have named as Authorized Operators shall be allowed to operate or handle the Watercraft. All Authorized Operators must review the attached summary of laws and rules governing operation of motorboats and must complete the 10 minute boater safety exam through the DNR, unless they have completed the exam during the prior 180 days.
3. Deposit and Damages. Renter shall pay, or reimburse Marina, on demand for (i) any damage to or destruction of the Watercraft, (ii) any of  Marina’s equipment or property that is damaged, destroyed, lost or otherwise not returned, and (iii) the replacement cost of the Watercraft or any  of Marina’s equipment or property that are damaged, destroyed, lost or otherwise not returned, and, in Marina’s sole discretion, cannot be repaired  or need to be replaced. Certain damage or replacement costs may be shown on the Watercraft Check Sheet. Renter pre-authorizes a $500.00  damage deposit on Renter’s credit card to cover risk of damage; provided that if the Watercraft is returned in the same condition as the beginning  of the rental period and none of the events described in this Section 2 apply, then Marina will not charge Renter’s credit card such damage deposit. Renter shall also pay Marina clean-up costs of up to one-half (1/2) of the rental rate for any cleaning deemed necessary by Marina. 
4. Late Payment. If Renter does not return the Watercraft to Marina on or before the time identified in this Agreement, Renter’s credit card will be  charged a late payment penalty of $50.00 for every fifteen (15) minutes that Renter is late. Further, if Renter is late and that impacts Marina’s  ability to close its business or prepare the Watercraft for a subsequent customer, Marina reserves the right to charge Renter’s credit card for another  full rental. Renter acknowledges that the foregoing is a reasonable estimate of the damages that Marina would incur in such an event.  
5. Disclaimer. RENTER CERTIFIES THAT RENTER HAS CAREFULLY EXAMINED THE WATERCRAFT AND RELATED EQUIPMENT  AND FINDS IT SUITABLE FOR THE PURPOSE FOR WHICH IT IS RENTED. The Watercraft is provided “AS IS” and “WITH ALL  FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARINA DOES NOT MAKE AND HEREBY  DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER  (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE  OR NON-INFRINGEMENT) WITH REGARD TO THE WATERCRAFT OR ANY RELATED EQUIPMENT, SERVICES OR ACTIVITIES. 
6. Indemnification. Renter agrees to indemnify, defend and hold Marina, its affiliates and its and their past and present managers, officers,  shareholders, members, governors, directors, employees, agents, suppliers, contractors, successors and assigns (collectively “Marina Parties”)  harmless from and against any and all losses, liabilities, damages, penalties, claims, and costs (including, but not limited to, reasonable attorneys’  fees) arising out of or related to (i) any breach of this Agreement, or (ii) the Watercraft, use of the Watercraft and/or related activities. 
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY MARINA PARTIES BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL  OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WATERCRAFT, USE OF THE  WATERCRAFT AND/OR RELATED ACTIVITIES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES. WITHOUT LIMITING ANYTHING IN THIS AGREEMENT OR A WAIVER, IN THE EVENT THAT ANY MARINA PARTIES  ARE HELD LIABLE FOR DAMAGES, SUCH DAMAGES ARE HEREBY LIMITED TO ACTUAL, DIRECT DAMAGES INCURRED BY  RENTER, NOT TO EXCEED $5,000.00. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT. 
8. Reporting Issues. Renter shall immediately notify Marina of all issues discovered during the rental period. Continued use of the Watercraft after  Renter identifies or knows of a potential issue shall be entirely at Renter’s risk and thus Renter assumes all liability of injury and damage to all  persons and property arising from continued use.  
9. Early Return. All amounts paid to Marina are nonrefundable. If Renter must return the Watercraft due to a mechanical issue caused through no  fault of Renter, or inclement weather, as determined by Marina, Renter will be provided a gift certificate for a future rental in an amount equal to  the remaining time in the rental period. Notwithstanding the foregoing, Renter shall not receive a gift certificate if the Watercraft is used for more  than three (3) hours prior to being returned for inclement weather. This Section 8 shall be Renter’s sole and exclusive remedy in the event of a  mechanical issue or inclement weather. 
10. Ownership. Marina is the sole owner of the Watercraft and all related equipment provided in connection with the Watercraft. No rights or  obligations other than those expressly recited herein are to be implied from this Agreement. 
11. Force Majeure. Renter acknowledges and agrees that Marina’s ability to rent the Watercraft may be contingent upon another renter timely returning  the Watercraft in suitable condition, among other factors beyond Marina’s control. Marina shall not be liable for delays or failures of performance  resulting from acts beyond its reasonable control, and in such an event, shall do everything reasonably possible to resume performance. 
12. Miscellaneous. This Agreement shall be governed by the laws of the State of Minnesota, without regard to its conflict or choice of law principles. Any action arising out of or relating to this Agreement shall be brought only in the state or federal courts of Hennepin County, Minnesota. Should  any provision of this Agreement be held invalid or unenforceable, such invalidity will not invalidate the whole of this Agreement, but rather that  invalid provision will be amended to achieve as nearly as possible the same effect as the original provision and the remainder of this Agreement  will remain in full force and effect. No waiver nor consent to any departure herefrom shall be effective unless in writing and signed by the waiving  party. This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreements, understandings and discussions,  whether oral or written, of the parties. This Agreement may not be amended except in a writing that is duly signed by the parties hereto. Marina  may freely assign this Agreement and all of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties  hereto and their respective personal representatives, estates, heirs, successors and permitted assigns.