Bruschi Boat Rental LLC
5116 SW 149th PL
Miami FL 33185
Boat Owner agrees to rent the following boat (the “Boat”) to Renter, upon the condition that Renter agrees to all terms and conditions set forth below, including the release of claims, and evidences that agreement with his/her signature in the space provided.
The Boat shall be rented for the time period and hourly rate specified on the rental manifest and confirmation email with specified boat information as well.
READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE BOAT OWNER FROM ALL KNOWN AND UNKNOWN OBLIGATIONS, AND TO INDEMNIFY COMPANY AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE BOAT. THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS.
Release and Waiver of Claims.
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged Renter does hereby remise, release, and forever discharge Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Renter ever had, now has, or which Renter’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Boat; or in any way arising out of the rental relationship between Renter and Boat Owner.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Renter hereby expressly agrees to indemnify and hold harmless Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse or abuse of the Boat.
Terms and Conditions
1. Assumption of Risk. Renter acknowledges that the activities for which the Boat is designed include inherent dangers, including the risk of bodily injury and/or death. Renter assumes and accepts all risks associated with the use of the Boat.
2. 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 Boat Owner, and any applicable laws or regulations. Renter shall be responsible at all time for the safety of any and all passengers in the Boat.
3. Prohibited Activities. Renter shall not violate any of the following rules and regulations during his/her operation of the Boat:
● There is no docking of the Boat at any location other than the Boat Owner’s designated docking area, except in the case of emergency.
● There is no going outside the limits of the Boat Rental parameters, and is totally forbidden to go offshore.
● There is no transporting people from one place to another.
● No towing watersports are permitted.
4. Children. Any children under the age of 6 in the boat must wear a life jacket at all times.
5. Unsafe Use. If at any time Boat Owner determines that Renter has engaged in an unsafe or hazardous use of the Boat, Boat owner may board the Boat, or otherwise notify the Renter that it is immediately terminating the rental. Upon termination, Renter must return the Boat to the designated docking area immediately. If the rental is terminated for unsafe or hazardous use, Renter will not be refunded his/her boat rental fee and/or any associated fee. Boat Owner shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.”
6. Condition of Boat upon Return. The Renter shall return the Boat to the designated docking area clean, free of garbage and debris, and in the same condition as it was in when given to Renter, excepting ordinary wear and tear. Renter shall be responsible for any damage caused to the Boat during the rental period. Boat Owner shall retain any portion (or all) of Renter’s security deposit as necessary to cover repairs for such damages. To the extent that damages to the Boat exceed the amount of the security deposit, Renter shall be billed by Boat Owner for the full amount of damages caused by Renter during the rental period, including reasonable attorney’s fees.
7. Late Return. If Renter returns the Boat to the designated docking area more than 20 minutes after the predetermined “Time In,” Renter will be fined with $80 on his/her credit card, unless you had permission from Bruschi Boat Rental Management.
8. Cancellation policy. Refunds are allowed with 2 weeks notice before your rental day. Customers will receive a full refund or reschedule in case of operator cancellation due to unforeseen circumstances. Customers that purchase the weather protection will receive their money back minus the price of the weather protection only if we, the company, determines is not safe to leave with the boat. No-shows will be charged the full price. The company will only reschedule in case of inclement weather (unless you have the weather protection). Customers can only reschedule for unforeseen reasons 72 hours prior your rental, there is a $15 fee for rescheduling. Maximum 1 reschedule per customer. Bruschi Boat Rental reserves the right to cancel all reservations with & without notice due to bad weather(hurricane, rain, wind, called for bad small craft conditions). Bruschi boat rental reserves the right to substitute or alter customer’s reservation with vessels of equal or better valued. Please note; equal refers to vessels of same priced as original purchase.
9. Chargebacks. Renter agree not to attempt a chargeback for any reason. If there are any issues whatsoever you will need to contact Bruschi Boat Rental LLC in order to resolve anything in regards to your booking, prior or after the service was rendered.
10. Limitations on Actions:
(a) Suits for Injury or Death:
The Renter agrees that no suit, whether brought in rem or in personam, shall be maintained against the Owner for emotional or physical injury, illness or death of Renter unless written notice of the claim, including a complete factual account of the basis of such claim, is delivered to the Owner within 185 calendar days from the date of the incident giving rise to such injury, illness or death; and no suit shall be maintainable unless commenced within one (1) year from the day of the incident giving rise to such injury, illness or death, notwithstanding any provision of law of any state or country to the contrary.
(b) Other Suits:
Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Renter, whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or Renter's cruise, no matter how described, pleaded or styled, between the Renter and Owner, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 ("the Convention") and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., ("FAA") solely in Miami-Dade County, Florida, U.S.A. to the exclusion of any other forum. Renter hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and the Fee Schedule in effect at the time of filing the dispute with NAM, which are deemed to be incorporated herein by reference. NAM can be contacted at 800-358-2550, attention Commercial Claims Dept., 990 Stewart Avenue, First Floor, Garden City, NY 11530, to respond to any questions regarding the arbitration process, as well as to request a copy of NAM’s current Comprehensive Dispute Resolution Rules and Procedures and the Fee Schedule. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT RENTER OR OWNER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Owner and Renter further agree to permit the taking of a deposition under oath of the Renter asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Section 14 below governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Section. In any event, no claim described in this Section may be brought against Owner unless written notice giving full particulars of the claim is delivered to the Owner within thirty (30) days of termination of the Rental and legal action on such claim is commenced within six (6) months from the date the claim arose, notwithstanding any provision of law of any state or country to the contrary.
(c) Renter Waives Right to Class Action Relief:
THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON RENTER'S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, RENTER AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST OWNER WHATSOEVER SHALL BE LITIGATED BY RENTER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND RENTER EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING RENTER TO PARTICIPATE IN A CLASS ACTION. IF RENTER'S CLAIM IS SUBJECT TO ARBITRATION UNDER SECTION 10(b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. RENTER AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 10(b) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
(d) Appointment of Renter as Legal Representative of Minor:
If the Renter is traveling with his or her natural born or adopted minor children, the Renter hereby agrees and stipulates to the appointment, upon boarding of him/herself as the legal representative of such minor children within the meaning of 46 U.S.C. § 30508(d) upon boarding.
11. Venue and Governing Law:
Except as otherwise specified herein, any and all disputes whatsoever arising out of or relating to this Contract or the Renter’s rental, as well as the interpretation, applicability, and enforcement of this Contract shall be governed exclusively by the general maritime law of the United States, which shall include the Death on the High Seas Act (46 USCS § 30302) without regard to choice of law rules, which replaces, supersedes and preempts any provision of law of any state or nation to the contrary. It is hereby agreed that any and all claims, disputes or controversies whatsoever arising from, related to, or in connection with this Contract or the Renter's voyage, including any activities on or off the vessel or transportation furnished therewith, with the sole exception of claims subject to binding arbitration under Section 10(b) above, shall be commenced, filed and litigated, if at all, before the United States District Court for the Southern District of Florida in Miami, Florida, U.S.A., or as to those lawsuits for which the United States District Court for the Southern District of Florida lacks subject matter jurisdiction, before a court of competent jurisdiction in Miami-Dade County, Florida, U.S.A., to the exclusion of the Courts of any other country, state, city or county where suit might otherwise be brought.
12 Boaters Safety. Renter understands he/she needs a boater and safety license which they can get online for free or get at the boat rental premises if he/she was bornbefore 1/1/1988 only.
Renter has read and understands all of the terms, conditions and rules set forth above, and agrees to all terms without reservation.
December 13, 2018