The following terms and conditions are applicable to the Rental Guarantee provided by Rentbyboater, LLC, a Florida limited liability company ("RentbyBoater") to the Renter referenced in the Rental Guarantee Submission Form (the "Application"). Renter is responsible for ensuring all information referenced in the Application is complete and accurate. All information contained in the Application is incorporated herein by reference, and the Application and following terms are hereinafter referred to as the "Agreement."

1. Electronic Agreement. It is the parties intention, and the parties hereby agree, that this Agreement shall be an electronic transaction governed by and in accordance with the Florida Uniform Electronic Transaction Act, Fla. Stat. § 668.50.
2. Guarantee.  If all conditions and requirements set forth in these terms and conditions are met, and subject to any limitations and exclusions set forth herein, RentbyBoater shall, upon the occurrence of a Default to pay Renter an amount equal to the Total Deposits identified in the Application, less any amounts Renter recovers from (a) Renter's bank or other financial institution and (b) from the Vessel Owner (the "Guarantee Amount"); provided, the Guarantee Amount shall not exceed One Thousand Dollars ($1,000).
3. Fee.  In consideration for the guarantee to be provided by RentbyBoater, Renter shall pay RentbyBoater a fee equal to $0, upon written acceptance (whether electronic or otherwise) of Renter's Application by RentbyBoater.
4. Conditions Precedent.  To obtain any payment of a Guarantee Amount, Renter must meet all of the following requirements, which shall be conditions precedent to RentbyBoater's obligations:
   1. 4.1 Renter must have a written rental agreement for the Vessel and have remitted the Total Deposits to the Vessel Owner pursuant to the rental agreement.
   2. 4.2 Within ten (10) calendar days of the date Renter entered into the rental agreement with the Vessel Owner, Renter must have submitted all information required by this Agreement to RentbyBoater and paid all fees required hereunder, including, without limitation, providing a copy of the written rental agreement for the Vessel and proof of payment of the Total Deposits to the Vessel Owner.
   3. 4.3 A Default must have occurred (see Section 5 below).
   4. 4.4 Renter must provide evidence that Renter contacted the bank or other financial institution from which the Total Deposits were withdrawn or charged to request recovery of the Total Deposits, and submit a copy of the written denial from the bank or other financial institution to RentbyBoater.
   5. 4.5 Renter must provide proof that the name of the party to the rental contract matches the name of the Renter; i.e. government-issued photo identification, driver's license, or other form of identification acceptable to Renter.
   6. 4.6 The Vessel must have been listed for rent on the Website, and Renter must provide proof that it found the rental and contacted the Vessel Owner through the Website.  Acceptable forms of proof include print-outs of the Vessel's listing on the Website.
   7. 4.7 Renter must notify RentbyBoater of an alleged Default within ten (10) calendar days following the Rental Begin Date identified in Recital B above.
   8. 4.8 The Total Deposits must have been paid through an account that provides Renter with some form of customer protection in the nature of a refund for erroneous charges.  This account may include a credit card or check; it excludes payment methods such as Western Union, money grams, or instant wire transfers.
5. Defaults; Exclusions.  As used herein, a "Default" means the failure of the Vessel Owner to deliver the Vessel to the Renter on the Rental Begin Date due to:
   1. 5.1 the non-existence of the Vessel;
   2. 5.2 the Vessel Owner's denial of a rental agreement, after being provided with a copy of the fully executed rental agreement;
   3. 5.3 Failure to provide safety equipment required by law or the Vessel Owner otherwise delivers an "unfit vessel," all determined by reference to what is usual and customary for a Vessel of similar size, type, accommodation and intended use; or
   4. 5.4 other material breach of the rental agreement by the Vessel Owner and, where applicable, a failure to cure such breach within and cure period under the terms of the rental agreement.

   Notwithstanding anything herein to the contrary, no Default shall be considered to have occurred if (a) the Renter takes the Vessel after inspection, despite any damage or failure under the terms of the rental agreement, (b) the event is caused, in whole or in part, by force majeure, (c) the Renter breaches the rental agreement, or (d) the Vessel Owner or other person purporting to rent the Vessel to Renter does not have the legal power to enter into the rental agreement or otherwise arrange for the rental of the Vessel.

6. Effective Date.  The Agreement for Guarantee shall not become effective until this the Application is completed by Renter, all information, documents, and payments required hereunder, and such other documents and other information as RentbyBoater may request, have been submitted by Renter to RentbyBoater, and RentbyBoater has accepted the Application.  RentbyBoater's acceptance of the Application shall be acknowledged in an electronic record and submitted to Renter within ten (10) calendar days of its acceptance.  Nothing herein shall be deemed to require RentbyBoater to accept the Application or otherwise be construed as an offer by RentbyBoater to provide the guarantees set forth herein.
7. Miscellaneous.
   1. 7.1 Governing Law; Venue.  This Agreement, the rights and obligations of the parties hereto, and any claims or disputes relating thereto, shall be exclusively governed by and construed in accordance with the laws of the State of Florida (without regard to any Florida law which would require the application of the law of any other state or jurisdiction).  Venue for any dispute under this Agreement shall exclusively be in the state courts of competent jurisdiction sitting in Lee County, Florida.
   2. 7.2 Notice.  Whenever any notice is required or permitted to be given under any provision of this Agreement, such notice will be in writing, signed by or on behalf of the party giving the notice and shall be deemed to have been given when delivered by personal delivery or mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to the party or parties to whom such notice is to be given at the following addresses:
      
      

      If to RentbyBoater:	P.O. Box 1018 Bonita Springs, Florida 34133-1018 Attn: Brian Stefka customerservice@rentbyboater.com
      If to Renter:	At the address identified on the Application

      
      
      In the event a record is transmitted by e-mail, it shall be deemed to have been given when actually received in the recipients inbox; provided, Renter shall be responsible for ensuring that communications from RentbyBoater are not intercepted by Renter's spam filter(s) or other electronic security devices, and notice to Renter shall be deemed to have been given when actually received in Renter's inbox or in a spam or other security filter.
   3. 7.3 Entire Agreement.  This instrument contains the entire agreement of the parties.  It may be modified only in writing.
   4. 7.4 Assignment.  This Agreement may not be assigned by Renter without RentbyBoater's prior written consent.  This Agreement shall inure to the benefit of, and is binding upon, the parties hereto, and their respective heirs, representatives, successors and permitted assigns.
   5. 7.5 Counterparts.  This Agreement may be executed in any number of counterparts, each of which shall be deemed an original instrument, and said counterparts shall constitute but one and the same instrument which may be sufficiently evidenced by one counterpart.  Facsimile copies of executed documents or executed documents sent as a PDF attachment to an e-mail transmission, shall be deemed originals for all purposes.
   6. 7.6 Severability.  In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement.
   7. 7.7 Headings.  The headings of the various sections herein contained are intended for ease of reference only and are not to be construed as evidence of the intent as to the contents thereof.
   8. 7.8 Construction.  In the event of any dispute as to the precise meaning of any term contained herein, the principles of construction and interpretation that written documents be construed against the party preparing same shall not be applicable.