This is a Rental Agreement for a pontoon boat and related equipment and includes a waiver and release of liability. Read this agreement carefully as it affects your legal rights.
Definitions: for purposes of this this agreement, the terms defined below shall have the indicated meanings:
1. “Authorized Driver” means any driver or operator of the boat that meets the requirements set forth below.
2. “Renter” means the person(s) who shall pay for the boat, equipment, and services of Pontoon Nashville, LLC.
3. “Passenger” means all persons who ride or otherwise use the boat or boat equipment.
Any singular defined term in this agreement shall be deemed to include the plural, and any plural term the singular. Any gender reference in this agreement shall be deemed to include all genders.
By signing this Rental Agreement, you represent that the Authorized Driver has extensive boating experience and understanding of the boating laws and regulations by the State of Tennessee.
Rules for the use of pontoon boat and equipment:
Renter(s) agree that they shall use all equipment, including the pontoon boat, safety (life) vest, engine, gas tank, ropes, anchor, and safety whistle (hereinafter collectively referred to as the "equipment") only for the purpose of personal entertainment, with safety always in mind, and in accordance with ALL of the following rules:
1. Damages: A copy of the Renter’s credit card and driver’s license will be held until the boat is returned. During the rental time, an authorized hold of $1,000 will be placed on the credit card until the boat is returned. Any money owed to Pontoon Nashville, LLC due to damages incurred or violations of this agreement under $1,000 will be taken from this hold.
If, upon return of the boat, Pontoon Nashville, LLC determines the boat has been damaged. The $1,000 hold will remain in place and a professional assessment of damages will be made to determine the repair cost. The Renter will be notified within 5 business days. Renter is responsible for all damages incurred during the rental period. If refusal to pay for damages assessed or other breach of this Rental Agreement results in Pontoon Nashville, LLC filing suit you agree to pay Pontoon Nashville, LLC's attorney fees and court costs in addition to all damages.
If Pontoon Nashville, LLC must tow the boat in for damages or if error on the part of the Authorized Driver or Renter requires staff to come and assist the boat, including but not limited to running out of fuel, there will be a charge of $250.
If due to negligence, there is damage to the boat resulting in it being taken out of rental availability you are responsible for both damages and revenue lost while the boat is being repaired by a Certified Marine Mechanic.
The following are a list of some of the items on the boat. If any are lost or damaged while on the boat, this is the cost for replacement or repair. This list is not comprehensive. Other lost or damaged items will be assessed upon return and a charge will be incurred.
- Lithium Jumpstarter $160.00
- Dock line (exact replacement) $35.00 per line
- Fenders (exact replacement) $50.00 per fender
- Twist Nyl (Fender line exact replacement) $15.00
- Life Jackets (exact replacement) $15.00 per jacket
- River Anchor and rope (exact replacement) $150.00
- Propeller (Exact replacement) $250.00
- Hardware for propeller $25.00
If no damages are incurred and the agreement has not been violated, all money will be released upon the boat's return.
2. Rental Return Procedure: Renter shall return the boat and the equipment in good working order and conditions at the end of the rental period. A late fee of $50 will be charged per half hour that the boat is late. Late refers to any time that the boat is not back at Pontoon Nashville refueled and cleaned. Renter shall inform Pontoon Nashville staff of any missing equipment or damage and fill out the Check-Out Return Form. Renter is financially responsible for all lost or damaged equipment. The boat shall be returned with a full gas tank by the end time of rental. (See "Refueling").
3. Refueling: The boat must be returned with a full tank of gas and the Renter shall not place fuel in the gas tank from any source other than Rock Harbor Marina. Rock Harbor Marina carries required marine grade gas for this engine. Failure to refill the boat will result in a $100 surcharge plus the cost of fuel. At the end of your rental time the boat must be returned cleaned and refueled.
4. Late/Cancellation Policy: Pontoon Nashville, LLC has no refund policy - there are no exceptions. If you are late for your reservation, you will forfeit the time you are late on the water. The boat must still be returned at the scheduled time. A late fee of $50.00 per half hour will be charged if the boat is not returned to the slip (refueled) by the end of your rental time. If your tardiness delays or influences the rental following yours, you will be subject up to the full price of the affected rental.
5. Cleaning Charge: If the boat is not returned in a clean manner or if the boat requires extra effort to clean, including but not limited to an extra amount of trash, food, stains, mud, etc., there will be a charge of up to $150 for any extra cleaning. Street shoes should not be worn on the boat. The Renter agrees to pay any additional cleaning charges.
6. Inclement Weather Policy: There are no refunds due to inclement weather. We will move your reservation forward to an open date comparable to your original reservation. If there are inclement weather conditions in the area prior to rental time then Pontoon Nashville, LLC will contact you to schedule a revised rental date during the 2019 rental season. Inclement weather is defined as unsafe conditions, as defined by the National Weather Service. Pontoon Nashville, LLC will determine the weather safety at or near Rock Harbor Marina. If the weather turns severe while you are on the water, seek shelter immediately in a safe place or protected shoreline where you can anchor the boat.
7. Bachelor and Bachelorette Parties: Pontoon Nashville, LLC does not rent to bachelor or bachelorette parties. Renter warrants that the Pontoon Boat shall not be used for a bachelor or bachelorette party.
8. Right of Refusal: The staff reserves the right to refuse rental to anyone at the time of check-in.
9. Complete Agreement: The terms of this agreement cannot be modified except in writing. If any part of this agreement is found by a Court or other appropriate authority to be invalid, the remainder of the agreement nevertheless shall be in full force and effect.
Today's Date: November 16, 2019