• WAIVER AND RELEASE OF LIABILITY

  • Drivers license no. * State issued and expiration date      
       
    Owner agrees to rent a Pontoon Boat, (the "Boat"), to Renter, upon the condition that Renter 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. Initials of Renter/Operator      

    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. Initials of Renter/Operator      

    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.  
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    ADDITIONAL TERMS AND CONDITIONS 

    1. Acceptable Use.  Renter 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.
    2. Prohibited Activities. Renter 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. Renter agrees not to consume alcohol while operating the Boat.
    3. 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 under age 6 and made easily accessible for children age 6 and over and under 90lbs. Children/Youth life vests are subject to availability.
    4. 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.
    5. Fishing licenses are required for anyone over the age of 16.
    6. A boating operating license is required for anyone operating the boat born after 1/1/88.
    7. Unsafe use. If at any time Owner determines that Renter 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."
    8. Damages. Any and all damages suffered to the Boat during the time of the rental agreement is the renters responsibility. Renter 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.
    9. 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. If the gas tank is not full upon return, the Renter will be responsible to pay $35.00 for every 1/4 tank below full.
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