This agreement is between Flora-Bama Old S.A.L.T.S. Inc. and Renter RIGHT OF REFUSAL: At any time Flora-Bama Old S.A.L.T.S. may, for any reason, terminate or refuse to lease to any individual. In consideration of the rental of the above vessel, the Renter agrees as follows: I agree that I am 18 years of age or older (19 if a resident of AL or NE). I agree to be responsible for returning the rental property in the same working condition as when received. I agree to return the rental property with all of the equipment and accessories that were with the rental property at the time of start of Rental Agreement. I agree to return rental property to the designated location of the marina. I understand that for any time over the rental period there will be a $2.00 per minute late charge. I have been briefed on the “Boating Rules and Regulations” and I understand them and agree to obey them. I will not operate or allow anyone to operate the rental property for any unlawful purpose or operate in a careless, reckless, unlawful or negligent manner. I am currently sober and not under the influence of any drug. I will not partake of any alcoholic beverage, drug or cannabis while on this rental vessel. Nor will I allow anyone to operate the rental property if under the influence of drugs or alcohol, nor will I allow a minor, or anyone who is in anyway incompetent, to operate the rental property. I agree that the rental unit shall only be operated within the following parameters of navigable water: North of Perdido Pass Bridge South of Lillian Bridge Foley Beach Express Bridge West of Perdido Key Bridge (Theo Barrs) I UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES IS RENTAL UNIT TO BE OPERATED IN THE GULF OF MEXICO. I UNDERSTAND THERE WILL BE A FINE UP TO $500 FOR ENTERING INTO THE GULF OF MEXICO. I UNDERSTAND THERE IS A GPS TRACKING DEVICE ON BOARD. I agree to report any accident, malfunction, or breakdown of rental unit to Flora-Bama Old S.A.L.T.S. immediately. I understand there will be a charge of $100.00 for any breakdowns for running out of fuel. EARLY RETURNS DUE TO INCLEMENT WEATHER WILL NOT RESULT IN A FULL REFUND! When renting a slide pontoon, I agree that: There will be no riding on the upper deck while the vessel is moving. There will be no diving or jumping from the upper deck. I will have a spotter at the bottom of the slide to make sure that the landing area is clear and to act as a lifeguard in case of trouble. There will be no use of the slide (or any off boat activity) while the motor is running. There will be only one person on the slide at a time. DAMAGE DEPOSIT: A damage deposit of $1,000.00 or a credit card will be collected for each water craft rented. Upon delivery and return, lessor will inspect water craft for any damages. The deposit will be applied toward the cost of any repairs or any and all damages suffered to the water craft. If the cost of damages exceeds the damage deposit, Renter agrees he/she is fully responsible for the remainder of the costs incurred to repair or replace the water craft to the same condition as the time the rental agreement was started. Furthermore, the Renter understands and agrees that he/she as the Renter is the only person allowed to use the water craft for the entire rental period. The Renter also understands that he/she is responsible for the retrieval and or/ replacement of the water craft, life jackets, or any safety items, if these items are stolen or misplaced during the rental period. Should any damages exceed the $1,000.00 damage deposit, Flora-Bama Old S.A.L.T.S. will provide an itemized repair bill, including lost rental time, which must be paid in full upon Renter’s presentation of the bill. Lost rental time will be $250.00 a day for jet skis and $500.00 a day for pontoon boats. The lost rental time is a separate charge from all repair and/or replacement costs. The security deposit shall not bear interest. Renter shall be responsible for damages at and beyond the $500.00 damage deposit. ***(If for any reason a damage deposit or credit card is not collected prior to rental of the water craft and the water craft is returned damaged, a $1,000.00 damage will be collected at the time of return and held until estimate of damage is performed. If damages are able to be repaired for less than the initial $1,000.00 deposit, then the difference will be refunded to the renter. If damage costs greater than the deposit, the renter is responsible for the difference.) RELEASE OF LIABILITY AND INDEMNITY AGREEMENT In consideration of the rental of the above –described vessel, I understand that operating a water vessel can be a potentially hazardous activity. I do hereby fully release, discharge, and hold harmless, Flora-Bama Old S.A.L.T.S., its agents, employees, officers, and directors from any and all claims liability for damages of every type and kind, including personal injury and loss of life for myself, my passengers and the operators or passengers of other watercraft while the vessel is under the contract rental agreement, whether being operated by me or anyone else or merely in my possession or for the time I am responsible for same. Further, the undersigned does agree to indemnify Flora-Bama Old S.A.L.T.S. and its employees, agents, servants and officers, against any and all judgments to verdicts and the costs of defending any claim or action which may occur as a result of the injury to person or property, equipment, and accessories while the Vessel is under the Rental Agreement. The undersigned agrees to reimburse the Lessor marina for any loss or damage at the fair value of the repairs or replacement same. Initials Of Renter: WAIVER AND RELEASE OF LIABILITY AGREEMENT – FLORIDA DISCLAIMER – This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by Flora-Bama Old S.A.L.T.S. Inc. *(For purposes of this Waiver and Release, the term “Flora-Bama Old S.A.L.T.S. Inc” includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Flora-Bama Old S.A.L.T.S. Inc). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Flora-Bama Old S.A.L.T.S. Inc all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Flora-Bama Old S.A.L.T.S. Inc of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of Flora-Bama Old S.A.L.T.S. Inc. ACKKNOWLEDGEMENT OF RISKS - The undersigned herby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action and ships’ wakes; 2) Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms, including, but not limited to sharks and/or sting rays; 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather and temperature; 9) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration. Further, the undersigned understands that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death. EXPRESS ASSUMPTION OF RISK - The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Flora-Bama Old S.A.L.T.S. Inc 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 rental equipment. The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk of injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Flora-Bama Old S.A.L.T.S. Inc. WAIVER/RELEASE OF LIABILITY – By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Flora-Bama Old S.A.L.T.S. Inc from any and all liability of any nature for any and all injury or damage 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 equipment provided by Flora-Bama Old S.A.L.T.S. Inc regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Flora-Bama Old S.A.L.T.S. Inc shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Flora-Bama Old S.A.L.T.S. Inc shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY FLORA-BAMA OLD S.A.L.T.S. INC, 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 Flora-Bama Old S.A.L.T.S. Inc. LIABILITY TO THIRD PARTIES – The undersigned hereby agrees that he/she will indemnify and hold harmless Flora-Bama Old S.A.L.T.S. Inc. for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers 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 equipment provided by Flora-Bama Old S.A.L.T.S. Inc., even if such damages arise out of the negligence or fault of Flora-Bama Old S.A.L.T.S. Inc. ACKNOWLEDGEMENT OF WAIVER AND RELEASE – The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release and his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Flora-Bama Old S.A.L.T.S. Inc with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that he/she is fully are that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Flora-Bama Old S.A.L.T.S. Inc for Flora-Bama Old S.A.L.T.S Inc’s negligence. I have read and fully understand the contents above and agree to abide with the statements. KEEPING YOUR PWC EXPERIENCE FUN AND SAFE: A Checklist from the U.S. Coast Guard and this Company ** Click Each Entry Below To Acknowledge You Read The Information ** GENERAL OPERATION: I understand that the PWC I am renting is a high performance boat, not a toy, and as such I will carefully observe and follow the instructions and safety rules I receive from my rental operator. I Agree I will ensure I have enough gas for my return back to the rental livery. I understand a good rule of thumb regarding fuel use is one third out, one third back in, and one third in reserve. I Agree SAFETY EQUIPMENT: I will pay close attention to the required safety equipment instructions provided by my rental livery operator so that I am able to use it in the case of an emergency. I Agree LIFE JACKETS / PROTECTIVE WEAR I will ensure my passengers and I each have a U.S. Coast Guard approved life jacket that is the proper size for the intended wearer; is in good and serviceable condition (including straps and zippers_ and is properly stowed I Agree I understand that the U.S. Coast Guard recommends that I always wear a life jacket while underway on a boat and that many states require life jacket wear while operating a PWF. It is my responsibility to check with my livery operator to local Marin Patrol agency regarding state requirements. I Agree I understand that it is highly recommended to wear protective clothing such as a wet suit or wet suit bottom while operating the PWC due to the risk of internal injuries if water is forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. I Agree STARTING / STOPPING THE PWC Before starting the engine, I will securely attach the engine shut off cord/lanyard to my wrist or life jacket and wear it at all times, keeping it free from the handlebars so that if I fall off of the PWC, the engine will stop. I Agree I understand that in order to turn off the engine, I need to push the stop button. I understand that the throttle controls the speed of my PWC. I understand that I should apply the throttle lever on the handle to accelerate and release it to slow down I Agree I understand that stopping the engine will not stop the forward motion of the PWC and that on most PWC’s steering control is lost when the throttle is release when the engine is turned off. I Agree I will not ride at night, as I understand that my PWC does not come equipped with navigation lights and most states do not allow PWC operation at night. I Agree SAFE OPERATION When operating my PWC, I will maintain a proper lookout and scan constantly with sight and hearing, being alert for conditions that limit my visibility or block my vision of others. I Agree I will always operate my PWC at a safe speeds, taking into consideration the conditions around me, including other boats, weather, and visibility. I Agree I will refrain from weaving through vessels that are underway, stopped, moored or at anchor while exceeding a reasonable speed. I will not operate my PWC at an excessive speed in a slow speed area or in a swimming area with swimmers present. I Agree NEGLIGENT OPERATION I will avoid making sharp turns and other maneuvers that make it difficult for others to avoid colliding with me or to understand where I am going. I Agree I will not jump wakes or waves, nor will I steer toward an object or person and then turn sharply in close proximity to that object or person in order to spray or attempt to spray them with the wash or jet spray of the watercraft, as this is unsafe operation I Agree TOWING I will not tow with my PWC unless my PWC is designed and equipped for towing I Agree I have been notified by my rental livery operator about state/local requirements related to towing I Agree CHILDREN AND PWC I have been notified by my rental livery operator what the minimum age requirement is for children to operate a PWC, and I understand that just because a child can reach the throttle of a PWC doesn’t’ mean that they should. I Agree JET DRIVE INTAKE I understand that the jet drive intake has tremendous suction and will pull loose items, such as long hair, sand, stones, fishing line, loose clothing, or life jacket straps through the jet drive. I will keep these objects away from the intake grate. I Agree I will not apply the throttle when anyone is standing or swimming anywhere near the PWC. I Agree CAPSIZING If I capsize in open water, I understand I should swim to the rear of the PWC and turn it upright. I am aware that a most PWC’s have a decal at the bottom or rear of the vessel that indicates the direction to roll your PWC to return it to the upright position. I Agree COMPLETE FORM AGREEMENT By checking, I agree to all of the statements above and to abide by the rules of this contract. AGREEMENT: BY TYPING MY NAME BELOW I AM AGREEING TO THE TERMS OF THIS CONTRACT WITH FLORA-BAMA OLD SALTS INC AND MYSELF Today's Date: November 6, 2024
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