Liability and Waiver Form

This form must be completed by the operator/driver of the rented pontoon boat before the rental period begins. Please READ IT CAREFULLY and fill it out in its entirety, sign in the required sections and list the names and ages of all of the passengers that will be onboard.

Operator/driver is also aware that there is a 10 person OR 1675 lbs. weight limit onboard the pontoon boat. And is aware of the life jacket requirements while onboard the vessel and understands that this is not a fishing pontoon and assumes all possbile damages and/or cleaning to the vessel that may incur during the rental period.

Restrictions on the water: These are for the safety of you and your passengers
Please do not go any further North than the Manatee bridge and not further South than North Longboat Key, do not go into the Gulf and no going to Egmont Key without a Charter for safety reasons. (Prior permission may be granted by the vessel owner as his descrection depending on boater experience, weather conditions and number of passengers on board.)

The operator/driver of the boat assumes all the risks associated with the rental and is responsible for the safety and care of all the passengers onboard as well as the vessel and other boats and boaters while operating this vessel.

The operator/driver is verifying that he/she has prior boating experience and feel comfortable in operating the vessel.

DATE OF RENTAL

Name

First Name Last Name

Address

Street Address

Street Address Line 2

City State / Province

Postal / Zip Code

Phone Number

Please enter a valid phone number.

2nd Onboard Contact Phone Number

Please enter a valid phone number.

Email

example@example.com

Drivers license no. * State issued & expiration date
Date of Birth:

Boating License No. Required if born after 01/01/1988

Owner agrees to rent a Pontoon Boat, (the "Boat"), to Renter/Operator/Driver, upon the condition that Renter/Operator/Driver agrees to all the terms and conditions set forth below, including the release of all claims, and evidences that agreement with his/her signature in the space provided. This agreement is applicable to all renters, operators, passengers, and users of the pontoon boat. The term "Owner" includes all of the owner's employees, agents, representatives, servants, assigns, successors, and insurers.

READ THE FOLLOWING SECTIONS CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE THE BOAT OWNER FROM ALL KNOWN AND UNKNOWN LIABILITIES, AND TO INDEMNIFY BOAT OWNER AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE BOAT EVEN FOR CLAIMS THAT ARISE OUT OF THE NEGLIGENCE OR FAULT OF OWNER.

I. WAIVER/RELEASE OF LIABILITY
By the execution of this Agreement, the undersigned agrees that Owner shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned's custody, care, and control, as a result of any and all activities related to the rental, operation, or use of the Boat. The undersigned assumes full responsibility for any and such injuries or damages which may occur, and further agrees that Owner shall not be liability for any loss or theft of personal property. The undersigned specifically agrees that OWNER SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by the Owner. Signature of Operator/Driver   Signature

II. EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating or using the Boat at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the Boat and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of owner. Signature of Operator/Driver Signature

III. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless Owner for all personal injuries , property damages, or any other damages to any and all third parties, including, but not limited to, operators and passenger of other watercraft and minor children under the undersigned's custody, care, and control, as a result of any and all activities related to the rental, operation, or use of the Boat, EVEN IN SUCH DAMAGES ARISE OUT THE NEGLIGENCE OR FAULT OF OWNER.
Sign and date Signature   Date

Passenger   First Name   Last Name   Age
Passenger   First Name   Last Name   Age
Passenger   First Name   Last Name   Age
Passenger   First Name   Last Name   Age
Passenger   First Name   Last Name   Age
Passenger   First Name   Last Name   Age
Passenger   First Name   Last Name   Age
Passenger   First Name   Last Name   Age
Passenger   First Name   Last Name   Age
Passenger   First Name   Last Name   Age


ADDITIONAL TERMS AND CONDITIONS

Acceptable Use. Operator/Driver agrees and acknowledges that he/she will be the sole operator of the boat, and will use the Boat in a careful, safe and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by Owner, and any applicable laws or regulations of the state of Florida.
Prohibited Activities. Operator/Driver shall not violate any of the following rules and regulations during his/her operation of the Boat: There no smoking, no drugs and no pets permitted on the Boat. Operator/Driver agrees not to consume alcohol while operating the Boat.
Life Jacket Requirement . Adult Coast Guard approved Life jackets are available and easily accessible on board. Life jackets are required to be worn at all times for children age 6 and under while onboard the vessel . Renter/Operator/Driver will provide Coast Guard approved children/youth life jackets if not available by the rental company. (Children/youth life jackets are subject to availability.)
Infants. It is NOT recommended for infants to be onboard. However, if they are brought on board, the renter signed on the contract assumes all responsibility, risks and liability for the infant. A Coast Guard approved life jacket will be mandatory for the infant-size 8-30lbs and is not provided by the rental company.
Fishing: The pontoon is not set up for fishing and renter/driver/operator assumes any and all risks of damages and/or cleaning that may occur to the vessel while fishing onboard. Fishing licenses are required for anyone over the age of 16.
A boating operating license is required for anyone operating the boat born after 1/1/88 and must be listed on this contract. Minimum age driver/operate the vessel is 25 and must provide a copy of his/her photo ID along with a Boating Safety Certificate where applicable.
Unsafe use. If at any time Owner determines that Operator/Driver has engaged in an unsafe or hazardous use of the Boat, Owner may immediately terminate the rental portions of the Agreement. If the rental is terminated for unsafe or hazardous use the Renter will not be refunded his/her rental fee. Owner shall determine, in its sole discretion,. whether any behavior or activity is "unsafe or hazardous."
Damages. Any and all damages suffered to the Boat during the time of the rental agreement is the renters responsibility. Operator/Driver agrees he/she is fully responsible for all of the costs incurred to restore the Boat to the condition it was in at the time the rental began. Owner will provide an itemized repair bill, including lost rental time. (Lost rental time begins with the date of the itemized repair bill, and stops when the watercraft is once again available for rental.) The boat will be fully inspected upon return and at the end of rental agreement.
Condition of Boat upon Return. The renter shall return the Boat to Owner on or before the termination date and at the specified location clean and free of garbage and debris, in the same condition in which the boat was rented, including all part and accessories, ordinary wear and tear excepted, with a full tank of gas.
Gas. If the gas tank is not returned full, a minimum charge of $30.00 will be due by the renter. (Every 1/4 tank used there after, will incur another $30.00.)
Cancellation Policy. Full refund will be issued if on the day of rental, there is 80% chance of rain and/or a small craft advisory per Bay News 9. A refund will also be issued if reservation is cancelled over 30 days from the rental period.

Signature

Clear

Date

WAIVER AND RELEASE OF LIABILITY