Boat Rental Agreement Chicago Yacht Club 300 West Belmont Avenue Chicago, Illinois 60657 312-861-7777 It is agreed on the date set forth below, between the Chicago Yacht Club (“Chicago Yacht Club” or “CYC”) and the undersigned (“Renter”), that we enter into this Boat Rental Agreement (the “Agreement”) for the rental of 23’ Sonar one-design keelboats and related equipment (collectively, “Sonar” or “Boat”). Renter: Please complete the following information. Name: Date: / / Address: Street: City: State: Zip Code: Home Phone: Cell Phone: CYC Membership #: State: Renter to read all pages of this agreement before signing this document BACKGROUND The Sonar is a small keel boat that can overwhelm an unskilled sailor. It is important that Renters possess and maintain the necessary skills to safely operate the boat. The Renter is completely responsible for determining whether he or she has the requisite skills to operate the boat in the conditions that exist when the Renter takes out the boat or the conditions that may arise after the Renter takes out the boat. CYC personal will verify that the Renter has certain limited skills prior to your use of any boats. However, CYC makes no representations that the skills tested will be sufficient to operate the boat in all conditions. After completing and executing this Agreement, you will be contacted by the Keelboat Director or a fleet member to discuss the limited skills test and arrange a time to meet and take a test sail. The limited skills test includes, but is not limited to, tying knots while rigging the boat, demonstrating some basic sailing skills (tacking/gybing and stopping the boat) and boat maneuvers including leaving and returning to the dock. Upon passing the skills-check and test sail, you are free to reserve the boats, as available, for the term of this Agreement. There is a reservation window that allows for reservations up to 30 days in advance. When making a reservation, we also ask that you give us 48 hours minimum notice, especially for weekend reservations, so we can coordinate launching. Welcome to CYC Sonar sailing! TERMS AND CONDITIONS In consideration of the promises and agreements set forth herein, the sufficiency of which is acknowledged by both parties, Chicago Yacht Club agrees to lease to Renter an available boat from its fleet of Sonars on the terms and conditions set forth herein: INSPECTION: The Renter certifies that prior to operating a Boat he/she will examine the craft and equipment and confirm that it is acceptable and suitable for the purpose for which it is to be used. That he/she will operate the craft in accordance with all safety rules and regulations as posted in the CYC, on the craft or otherwise applicable, and further certifies that he/she has read and understands said rules and regulations. USE: Renter represents that he/she is experienced and capable in all aspects of the handling and operation of a Sonar. Notwithstanding Renter passing any “skills test” administered by CYC, the Renter is solely responsible for determining whether Renter possess the necessary skills to safely operate a Sonar. Renter agrees that the Sonars will not be occupied by more than five (5) persons at any given time. Renter agrees not to use, nor permit the use: a. Of the rental craft for any unlawful purpose; b. Of the rental craft in a careless or negligent manner; c. Of the rental craft while under the influence of liquor or recreational drug; d. By any other person not in the presence of the signatory of this Agreement; e. Of alcohol or any recreational drug on the Boat at any time. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of any Sonar, the Renter will immediately report it to CYC. The continued use of such watercraft is entirely at the Renter’s risk and thus Renter assumes all liability of injury and damage to all persons and property that may become involved by its continued use. CYC’s ability to provide Sonars is contingent upon and subject to the return of applicable Boats by the previous renter, or any other cause beyond CYC’s control. CYC reserves the right to withhold access to any Boat due to inclement or impending bad weather. RETURN OF EQUIPMENT: Renter acknowledges and understands that he/she will return the Sonar to CYC’s Belmont Station dock no later than 30 minutes prior to dusk on the date of each applicable rental or as otherwise agreed to with CYC. DAMAGES TO EQUIPMENT: Renter(s) acknowledges and understands that the Boat is to be left in clean, undamaged condition, in the same condition at commencement of the rental period. If rental equipment is not left in suitable condition, Renter acknowledges and understands that CYC reserves the right to charge Renter for any repairs or special cleaning. Renter acknowledges, understands, and agrees that by signing this Agreement, he/she is authorizing CYC to charge Renter’s membership account for any physical damages (including the theft of the boat) sustained to the watercraft and equipment up to an amount equal to $2500. TERM: The term of this Agreement shall be 12 months from the date hereof; provided, that, no lapse of time shall excuse a party hereunder from any obligations arising under this Agreement which arose during the term of this Agreement. CANCELLATION POLICY: Renter is responsible for applicable boat rental rates once the reservation is received by CYC regardless of whether Renter cancels or leaves early. NO SHOW POLICY: CYC endeavors to having boats available at agreed check-in times and is not responsible for Renter’s inability to arrive or if Renter chooses to depart early for any reason, or if a member(s) of Renter’s party does not show up. As a result, Renter is responsible for applicable boat rental rates in the event Renter fails to use the Boat during a scheduled reservation. LOSS OF RENTER’S PROPERTY: It is expressly agreed that CYC shall not be liable for loss of or damage to any property left of stored by Renter or any other person on the Boat after return thereof to CYC. Renter agrees to hold CYC harmless from and against any such claims. PAYMENT: Renter may obtain an annual boat rental membership for a cost of $450 per season (“Seasonal Membership”). Each Seasonal Membership is valid for the 12 month period from the date of purchase, not to exceed 30 reservations during such period. Renter may electe to pay the Seasonal Membership fee in (i) lump sum, (ii) two installments of $225 billed upon execution of this Agreement and the following six months, or (iii) by nine (9) monthly installments of $50 each. Alternatively, Renter may lease a Boat at a non-Seasonal Member rate of $200 / day or $60 / hour. Renter shall be responsible for the full and complete payment of such membership fee which may not be cancelled or rescinded by Renter for any reason. CYC shall use commercially reasonably efforts to make Boats available to Renter; provided, however, that Renter hereby acknowledges that no Boats will be available for rental during certain “black-out” dates with respect to scholastic use, regattas, maintenance and other uses as reasonably determined by CYC. Renter further acknowledges that reservations for Boats are made on a “first come, first serve” basis, and as such CYC does not guarantee the availability of any Boat at any specific time or date. Renter’s use of a Boat in any regatta (i.e. Frostbiting, RYF, Verve, match racing, team racing etc.) will be subject to applicable boat use and related fees as determined by CYC for the applicable event. GENERAL: Should any term or condition of Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the unenforceable, then that term shall be deemed severed from this Agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect. The Renter agrees that he/she has read the Chicago Yacht Club Release & Waiver Agreement and has delivered a fully executed copy of same to CYC prior, to or concurrently with, the execution of this Boat Rental Agreement. THE TERMS AND CONDITIONS OF THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN RENTER AND CYC AND NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT. RENTER MAY NOT ASSIGN, DELEGATE OR OTHERWISE TRANSFER THIS AGREEMENT. I HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. RENTER:______________________________________________________ Date: _____________ .