This craft rental is made effective on January 19, 2021 (date) between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, (the lessee) and states the agreement of the parties as follows:
INHERENT DANGER: The Lessee understands and agrees that crafts and their operation is an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the craft. The lessee further agrees not to let anyone else operate this craft without likewise instruction on the rules and regulations for safe operation of the craft,
CARE AND OPERATION: The Lessee agrees to operate this craft only in a careful and proper manner, and to obey and comply with all laws and regulations for craft operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.
WARRANTY: The Lessor makes no warranties, express or implied, as to the craft rented. The Lessee assumes all responsibility for the craft.
RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the craft from any cause, and agrees to return the craft in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee’s credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.
The Lessee certifies that he/she has examined the craft and finds it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this craft on or before the expiration of the rental period in the new condition it is in.
If the craft is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the craft with a like craft in good repair.
The LESSEE acknowledges he/she has carefully examined the craft and finds it suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both craft and equipment in a safe, dependable condition while in his/her custody.
LESSEE agrees not to use, or permit the use:
a. of the rental craft for any unlawful purposes;
b. of the rental craft in a careless or negligent manner;
c. of the rental craft while under the influence of alcohol and/or narcotics;
d. by any other person not signatory of this agreement, or not equally qualified;
e. of anyone under the age of 18 years old to rent this craft or be over 18 years old with proof of boater’s safety certificate and proper identification.
Lessee acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental craft. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental craft. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE’S personal property while carried in or on, the rental craft, including loss or damage caused by fire, water, theft or any other causes whatsoever.
The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.
In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft the LESSEE will immediately report same to the LESSOR. Continued use of the craft shall be entirely at the LESSEE’S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.
LESSOR’S ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR’S control.
LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated based on the time used or a gift certificate will be issued in the amount of the time remaining. NO REFUNDS WILL BE ISSUED. The rules and regulations contained herein and as posted in the office, on the craft, and/or by the grounds by the LESSOR are for the safety and welfare and/of all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM’S harmless from any suit, claim or said charges what so ever. The LESSEE certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility to see that his/her family and/or guest(s) will obey all the rules.
Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.
THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.
LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.
I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older with proof of a boater’s safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!
Date: January 19, 2021
Accepting Responsibility & Taking Photos
You the lessee understand that you are solely responsible for the boat. The boat must be returned in the condition that it left including items like propellar, ladder, Bimini top. It is also your responsibility to take photos of the boat prior to use. This is your proof that you are not responsible for any damages. There is no insurance that covers you for damages. All damages must be paid on return. Boating can be VERY expensive.
(Heavy rain, Storms, High Winds, Etc.) If bad weather interrupts your day within the first half of your rental OR you can’t go out at all, you will receive a gift card for the remaining time, not a dollar amount. We do not refund money due to weather at any time.
If you chose to decline the $25 prop insurance that we recommend and the prop is damaged, you agree to pay up to $200 for replacement and labor.
We ask to please keep pets off the seats. You the lessee, are responsible and agree to pay any damages or a cleanup fee of $25 if needed. (Scratched Seats, Excessive Hair, Etc.) If your pet sheds, expect to pay the cleanup fee.
Please do your best to keep our boats clean and remove all trash on return. If the boat is returned excessively dirty, expect to pay a $25 cleanup fee.
Please do not smoke on the boats. Cigarette burns cannot be fixed and replacement of the seat may be needed and could cost up to $500.
Boating become dangerous and deadly-, very quickly. Follow our guidance and the rules of the waterways. Exercise caution at all times.
Safety, always come first.