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BAREBOAT RENTAL CONTRACT

In accordance with USCG regulations 46 USC 2101, 46 CFR 175.400, 46 CFR 24.10-1, this BAREBOAT CHARTER AGREEMENT, made as of Boat Owner, Broker, and Charterer or Vessel Operator expressly agrees that this Bareboat Rental Contract (“BRC”) consists of the Charter Confirmation and Clauses 1 – 15 below, inclusive.

 

Clause 1. AGREEMENT TO LET AND HIRE

A. Whereas Charterer desires to bareboat charter the Boat from Owner and Owner desires to bareboat charter the Boat to Charterer under the terms and conditions set forth herein. Owner agrees to let, and the Charterer agrees to bareboat charter the Boat for the Charter Period for use by Charterer as a recreational vessel. This charter is a full and complete demise of the Boat to the Charterer, which shall, at its own expense man, navigate and operate the Boat. Charterer shall have exclusive control over the Boat during the Charter Period.

B. The Charterer agrees to charter the Boat as described in the Charter Confirmation for the Charter Period and Charter Fee indicated per the Booking for the Boat between Charterer and the Owner. The Charterer acknowledges and accepts the Owner Charterer Policies and Procedures and Terms of Service applying to the Charter contemplated by this BRC and confirms that the Charterer has read and understood them.

The total dollar amount for this bareboat charter shall be the Charter Fee specified in the Charter Confirmation. The Charter Fee is due and payable. Charter may be subject to Fuel Reimbursement if the booking occurred outside of Broker’s website.

C. Running Expenses.  

The Charterer agrees to pay all running expenses during the Charter Period, including but not limited to:

dockage and consumable goods and any other expenses necessary to maintain the Boat and its occupants in good order during the Charter Period.

The operating costs of the Boat during the Charter Period, including expenses for fuel, food, water, electricity, laundry, daily maintenance and repair, consumable stores of the boat, pilotage, diver’s fees, port charges, customs fees, local taxes as applicable, and provisions and supplies for the Charterer’s use and enjoyment;

D. The Charterer is not obligated to return the Boat with the same amount of fuel as when it was picked up by the Charterer. The Charterer has been or will be charged on the separate invoice a flat fee for the gas.

The Charterer is responsible for the Captain’s fee and any crew fees, if applicable;

The cost of insurance during the Charter Period. If the Charterer doesn't contract special insurance, Charterer is allowed to use the Owner's insurance given that the Charterer will cover the deductible: of $1,000.

The repair of any damage to the Boat incurred by the Charterer or the Charterer's party during the Charter Period which is not fully covered by the insurance on the Boat, including any deductibles.

E. Location of Safety Equipment.  The Charterer acknowledges that he has been informed of the whereabouts of the safety equipment on board the Boat. The Charterer will, at no time, allow any person(s) to use, operate, or be carried in the Boat without approved personal floatation devices being available for each person.

 

Clause 2. DELIVERY / RE-DELIVERY.

A. Owner Must Deliver the Vessel.

The Owner agrees to deliver the Boat in full commission and in proper working order to Charterer at the place of delivery specified in the Charter Confirmation, at or before the time and date specified for the Charter Period. If the Boat is not made available by Owner within half an hour of the scheduled Delivery time, the Re-delivery time will be extended by the same increment of time as the delay of the Delivery time. If the delay in Delivery is more than one-half hour, the Charterer has the right to cancel the Charter with a full reimbursement. If the Charterer takes Delivery late due to his own actions the Owner is not responsible for extending the Charter Period but may do so at his/her discretion.

Charterer understands that being 15 minutes late is considered a no-show and is subject to a non-refundable cancellation.  

B. Charterer Redelivery of the Vessel.

The Charterer agrees to Redeliver the Boat to the place of Redelivery specified in the Charter Confirmation at or before the time and date specified therein for the end of the Charter Period. Place of Redelivery is 518 West Ave Miami Beach FL ,33139 

Every 15 minutes late upon redelivery will be charged $50, if the delay is due to the Charterer. 

This clause also applies if Charterer or Charterer's party delays the departure of the boat from the anchoring spot when the Captain says it's time to go.

The Charterer further agrees that upon such Redelivery the Boat will be free and clear of any maritime liens, charges or other indebtedness incurred by the Charterer or for the Charterer’s account, or by Charterer for the Owner’s account unless any such indebtedness incurred for the Owner is made pursuant to Owner’s prior written authorization. At Redelivery, Charterer shall ensure that the Boat is in as good of condition as it was at Delivery, normal wear and tear excepted. If the Charterer fails to Redeliver the Boat by the end of the Charter Period such failure may constitute an unauthorized taking of the Boat and the Charterer will be fully liable for all legal fees, costs, and expenses including consequential loss of potential charter or charter income to the Owner, up to the replacement cost of the Boat and its equipment.

Times for pick up and return of the Boat are subject to extensions resulting from force majeure. Force majeure is defined as any cause directly attributable to acts, events, non-happenings, omissions, accidents, or Acts of God, beyond the reasonable control of the Owner or the Charterer (including, but not limited to, strikes, lockouts or other labor disputes, civil commotion, riots, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding fog, governmental act or regulation, major mechanical or electrical breakdown beyond the Owner’s or the Charterer’s control and not caused by either the Owner’s or the Charterer’s negligence).

Clause 3. USE OF VESSEL.

A. Non-Assignment and Recreational Use ONLY.  

The Charterer agrees that the Boat shall be employed exclusively as a recreational boat for the sole and proper use of himself, family, guests and servants during the term of this BRC. The Charterer shall not transport passengers for hire, transport cargo, or engage in any trade nor in any way violate the revenue laws or any other laws of the United States. The Charterer is welcome to bring his own crew or to take the boat on his own if his experience qualifies.

The Charterer shall not assign this Agreement, sub-let the Vessel, or part with control of the Vessel at any time.

B. Navigation Limits.  

The Boat shall only be used within the Navigation Limits set forth by Owner and as set forth in the Charter Confirmation. Violation of these limits shall be considered as a theft or conversion of the Boat and treated accordingly. Charterer agrees that all navigational limits are subject to weather and Owner does not guarantee destination. The Charterer agrees that he/she will respect the navigation boundaries of Biscayne Bay within 6 miles of hailing Port.

The Charterer agrees that he/she will avoid the shallow waters as designated on the map and the GPS with the exception of Haulover Sandbar.

/!\ Charterer UNDERSTANDS THAT GOING AT SEA IS STRICTLY FORBIDDEN AT ALL TIMES. ANY ISSUE THAT MAY ARISE BECAUSE CHARTERER WENT AT SEA WILL BE AT CHARTERER'S SOLE EXPENSE. (Cf Navigation Limits)

Issues include but are not limited to: 

Non-Emergency Towing ($500) and session not refundable.

Emergency Towing - the full amount charged from the rescue company.

C. Tracker. 

The Charterer understands that the boat is equipped with a Satellite Tracker therefore Owner is aware of where the boat is at all times. Disconnecting or tempering with the tracker is considered theft.

D. Prohibited Practices. 

Beaching the boat is strictly prohibited at any time. Charterer will be liable for any damage due to beaching.

Beaching is the process in which a boat is laid ashore, or grounded deliberately in shallow water.

Docking the boat is authorized only at the launching marina other docking must have been agreed upon upfront with the Owner.

CLAUSE 4. MAXIMUM NUMBER OF PERSONS - RESPONSIBLE FOR CHILDREN - HEALTH'S OF THE CHARTERER'S PARTY

A. The Charterer shall not, at any time, during the Charter Period, permit more than the Maximum Number of Guests sleeping or cruising on Board as provided on Page 1 hereof.

B. If children are taken on board, the Charterer shall be fully responsible for their conduct, entertainment, and safety. If children under 6 years old attending and have not be declared at reservation or 24 hours before the booking, the Charterer is responsible for proving a Coast Guard Approved Child Life vest, otherwise, the Child won't be allowed on board.

C. The Nature of a Rental may render it unsuitable for anybody with physical disability or ongoing medical treatment. By Signature of this agreement, the Charterer warrants the medical fitness of all members of the Charterer's Party for the voyage contemplated by this Agreement.

CLAUSE 5. Charterer'S AUTHORITY AND RESPONSIBILITY

A. This is a Bareboat Charter Agreement as defined under U.S. Maritime Law.

Therefore, it is mutually agreed by the Parties that the full possession and control of the Vessel is transferred to the Charterer for the Charter Period.

The Charterer will furnish his own and is responsible for operating expenses for the term of the Charter Period.

B. The Charterer chose to utilize the service of a captain, the Charterer shall remain responsible for the operation and management of the Vessel and be responsible for the Charterer's guests' behavior and actions during the Charter period. Ship operations include managing the crew (if any), and taking care of the docking fee should the Charterer decides to stop at a restaurant or any paying dock. In essence, the ship management ensures the vessel is equipped for the voyage in every way possible: ice, stores, and any equipment that the Charterer and the Charterer's guests need. Charterer shall be liable for damages, and forfeitures as a result of negligence or intentional acts of Charterer, Charterer’s Guests, or Invitees, and Charterer shall indemnify, hold harmless and defend Owner for such acts. Safe navigation is however not the responsibility of the Charterer, which shall be the responsibility of the Captain, and the Charterer shall abide by the Captain's Judgement for Vessel safety in regard to sailing, weather, anchorages, and other pertinent matters.

C. Compliance With Laws.  

Charterer shall ensure compliance with all Local, State and Federal laws and US Coast Guard regulations during the Charter Period as well as the laws and regulations of any jurisdiction into whose waters the Boat shall enter during the course of this BRC. If the Charterer or any of the Charterer’s guests shall commit any offense contrary to the laws and regulations of any jurisdiction which results in the Boat being detained, arrested, seized or fined, the Charterer shall indemnify the Owner against all loss (including loss of use), damage and expense incurred by the Owner as a result and the Owner may, by notice to the Charterer, terminate this Agreement forthwith.

Charterer shall be liable for fines, penalties, damages, and forfeitures as a result of negligence or intentional acts of Charterer, Charterer’s Guests, or Invitees, and Charterer shall indemnify, hold harmless and defend Owner for such acts.

D. Alcohol.  

The Charterer warrants and agrees not to operate the Boat nor allow the Boat to be operated by any operator that is under the influence of alcohol.

E. Zero Tolerance For Drugs, Firearms, weapons or Contraband.  

The Charterer acknowledges and has been informed of the U. S. Coast Guard's policy of “zero tolerance” of drugs aboard boats and warrants to Owner that there will be no illegal drugs or other contraband brought aboard the Boat at any time during the Charter Period or extension thereof. The Charterer further agrees to fully indemnify the Owner for any losses the Owner suffers in the event that the Charterer breaches this covenant. Charterer further agrees to indemnify the Owner from any and all losses, fines, penalties, damage, and any other type of loss, including legal fees and costs through the appellate level, incurred by Owner in defending any action brought against the Owner by a governmental agency, whether local, state, Federal, or foreign as a result of the violation of any governmental regulation or contraband laws. No firearms/weapons of any kind will be brought on pier, onboard vessel or tender by CHARTERER, their guests, employees, or otherwise Charterer affiliated group. Such action qualifies as a breach of this agreement resulting in immediate charter termination with zero refund and notification of law enforcement authorities.

F. No Pets.

No Pets Without Owner Written Consent The Charterer shall ensure that no pets or other animals are brought on board the Vessel without the consent in writing of the Owner.

G. No Nuisance.

The Charterer shall ensure that the behavior of the Charterer and the Charterer's guests shall not cause a nuisance to any person or bring the Vessel into disrepute.


CLAUSE 6. CAPTAIN'S AUTHORITY

A. Manning Requirements.

Charterer is free to select any operator so qualified to operate the Boat for the Charter Period. The Charterer shall provide the name of its selected operator on the Charter Confirmation and that individual shall be the only operator of the Boat during the Charter Period.

Charterer agrees that it alone will be the employer of any operator selected by Charterer and that said operator and crew will be so notified and agree that they are not the employee or borrowed servant of the Owner and will make no claims of any kind against Owner on the basis of any alleged employment relationship with Owner.

B. The Charterer agrees that the Charterer will not allow the Vessel to be operated by any person not qualified to do so during the charter period. Operation of the Boat by anyone else during the Charter Period is a violation of this BRC and may result in the insurance referenced in Clause 9 being void.

C. The Charterer shall direct the general course of the voyage, operation, and movement of the vessel, winds, weather, and other circumstances permitting. However, the Captain shall not be bound to comply with any order or request which, in the reasonable opinion of the captain, could result in the vessel moving to any port or place that is not safe and proper.

D. The Captain should immediately notify the Broker and/or the Owner of any breakdown, disablement, crew changes, accident, or other significant incidents that occurred during the charter period.

CLAUSE 7. DAMAGE TO THE BOAT AND SECURITY DEPOSIT

A. Security Deposit.  

If any, the Security Deposit specified on the Charter Confirmation shall be due and payable in accordance with the herein contract before the delivery of the vessel, which is hereby incorporated by reference, and shall be held by Owner for the benefit of the Owner and may be used in, or towards, discharging any liability that the Charterer may incur under any of the provisions of this BRC.

To the extent that the Security Deposit is not so used, then it shall be refunded to the Charterer within 48 hours. The security deposit is set to a fix amount but can be expended to cover the damages that occurred upon invoice presentation. Failure to take care of the bill will result in a criminal complaint.

The Security Deposit doesn't have to be charged to bind the Charterer. Shall any damage occur out of the Charterer's negligence, the Charterer shall be responsible for the cost of the repairs, and loss of use if applicable.

B. Damage.

The Charterer understands that any damage that may occur to the boat due to Charterer's negligence and carelessness will be charged from the security deposit and above if necessary with no limit on the amount.

Damage. Charterer agrees to pay out of pocket for all loss or damage, excessive cleaning, or associated costs arising from the Charter and agrees to pay the Owner for any loss, damage, theft, disappearance, collision, or other occurrences to the Boat during the Charter Period that happened because of the Charterer or his/her party's actions. 

C. Report a Damage.  

The Charterer agrees to immediately report in good faith any accident, loss, or damage to the Owner or the Broker and further agrees to cooperate and provide written or oral statements to the Owner or its designated representative. The owner reserves the right to charge the Charterer after the trip after an inspection whether the client decides to stay or not.

If the Charterer doesn't report the damage, the Owner reserves the right to charge a late discovery fee of up to $600 on top of the actual cost of the damage.

In the case the Owner finds damage to the boat at return inspection, the Owner must notify the Charterer within 3 hours of return time. If the Charterer doesn't report the damage, Aquarius Boat Rental reserves the right to charge a late discovery fee of up to $600 on top of the actual cost of the damage.

This present Contract waives the Charterer's right to any credit or debit card dispute. 


CLAUSE 8.  INSURANCE

A.   The Owner has the Vessel insured with first-class insurers against all customary risks for a Vessel of her size and type on the cover no less than is provided under Institute Vessel Clauses 1_11.85 or other recognized terms extended to provide permission to Charter under a Recreational Bareboat Charter Agreement and to cover third party liability. The Owner shall pay the Vessel's insurance premium with the pro rata share of the Charter Fee. 

B.   All such insurances shall be on such terms and subject to such excess (deductible) as are customary for a Vessel of this size and type. Copies of all relevant insurance documentation shall be available for inspection by the Charterer prior to the Charter on reasonable notice to the Owner and shall be carried on board the Vessel.

C.   The Charterer has the sole responsibility and duty to determine whether such insurance coverage and applicable deductibles are adequate and appropriate for the Charterer's purposes and, if necessary, arrange for additional coverage, at least to the extent of covering liability not included in the Owner's insurance, prior to commencement of the Charter. 

D.   If the Charterer chooses to arrange for separate or supplemental insurance in addition to the insurance provided by the Owner, the same may be arranged with a marine insurance broker at the Charterer's additional cost. 

E.   Under normal circumstances, the Charterer shall only be liable for such costs or losses as may be incurred repairing damage caused by the Charterer or the Charterer's guests, either intentionally or through passive or active negligence to the Vessel or any third party, up to the level of the excess (deductible) on the Owner's insurance policy for each separate accident or occurrence.

F.   The Charterer shall be liable for a sum greater than the excess (deductible) on any one accident or occurrence if the Charterer or any of his/her guests acted in such a manner, intentionally or through passive or active negligence, as to void or limit the cover under the Owner's insurance.

G.   The Charterer shall be responsible for having independent insurance for personal effects while on board or ashore and for any medical or accident expenses incurred other than as covered under the Vessel's insurance.

 

CLAUSE 9.   PAYMENT OF THE CHARTER FEE AND MONIES TO THE OWNER.

The charterer must pay 100% of the Charter price at booking. All funds received by the Brokers pursuant to this Agreement shall be transferred net of commission immediately upon receipt to the Broker/Escrow Agent (if the first Broker is not the Escrow Agent) and then held by the Broker/Escrow Agent in a designated account in the currency of this Agreement Fifty percent (50%) of the Charter Fee shall be paid to the Owner by the Broker/Escrow Agent after deduction of the full commission by bank transfer on the date of commencement of the Charter Period or on the first working day thereafter. The Delivery/Re-delivery fees and any other Additional Payments shall be paid with the first payment to the Owner, or as agreed by the Owner, directly to the captain. The balance of the Charter Fee shall be paid to the Owner on the first working day following the completion of the Charter Period. 

CLAUSE 10.   COMPLAINTS.

The Charterer shall give notice to the Owner, or to the Broker on the Owner's behalf, as soon as practicable after the event giving rise to the complaint has taken place and in all cases within twenty-four (24) hours of the event or occurrence unless it is impracticable due to failure or non-availability of communications equipment The complaint may be made verbally in the first instance but shall be confirmed as soon as possible in writing (by fax, mail, or email) specifying the precise nature of the complaint.

CLAUSE 11.   ATTORNEY'S FEES.

The prevailing party shall be entitled to costs, expenses, and attorneys' fees for litigation/arbitration between the Owner and the Charterer for disputes arising out of this Agreement or the Charter. Either party is entitled to reimbursement from the other party for costs, expenses, and attorneys' fees incurred while defending any third-party claims for which the other party is found to be responsible.

CLAUSE 12.   INDEMNIFICATION, HOLD HARMLESS, DEFEND.

The Charterer agrees to indemnify, hold harmless, and defend the Owner from any and all claims and liabilities for loss or damage to the Charterer, the Charterer's guests, the Charterer's invitees, and to any third parties whatsoever, which may be occasioned by the negligence or intentional acts of the Charterer, the Charterer's guests, or the Charterer's invitees, except to the extent such claims are covered by insurance.

 

CLAUSE 13.   OWNER'S ASSURANCE.

Upon signing this Agreement, the Owner accepts full responsibility to assure that the Vessel is in compliance with all charter laws of the country to which the Vessel is flagged and/or in which the Vessel is operating, whichever takes precedence, and is in compliance with Vessel documentation, registration, and customs' laws as are necessary to support the nature of this Agreement, or accepts all responsibilities as if the Vessel were in such compliance.

CLAUSE 14.   MARITIME LIENS.

The Charterer shall not permit maritime liens, salvage, or debts to be incurred against the Vessel or the credit of the Owner.

The Charterer shall not abandon the Vessel or enter into any salvage agreement without the prior consent of the Owner. If the Charterer does allow a maritime lien, salvage, or debts to be incurred against the Vessel or the credit of the Owner, then the Charterer agrees to indemnify and hold harmless the Owner from any and all claims and liabilities concerning such liens.

 

RELEASE OF LIABILITY

CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND

LIABILITY WAIVER AND RELEASE AGREEMENT

 

 

IN CONSIDERATION of being permitted to participate in the charter/rental provided by Aquarius Boat Rental LLC, and/or Franck Garot DBA Aquarius Boat Rental, and/or Mylene Anicet DBA Aquarius Boat Rental for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives, or assigns:

ACKNOWLEDGEMENT OF RISKS

 

I fully acknowledge that some, but not all of the risks of participating in the charterin which I am about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing. sinking or other hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of and/or injury, illness or death resulting from insects, animals and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks and/or steps when wet; (9) Tubing, Boating Lesson or watersports.

 

 

I specifically acknowledge that I have been given instructions/training in the safe use of the type of equipment used during this charter to my complete satisfaction, I understand them fully and I am physically/mentally able to participate in the charter which I am about to engage.

 

I understand that past or present medical conditions may be contraindicative to my participation in the charter/rental. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have any infectious disease or illness (e.g., COVID or similar variants). I affirm that I do not have a history of seizures, dizziness, or fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina, heart attack). I further affirm that I do not have a history of respiratory problems (e.g., emphysema or tuberculosis). I affirm that I am not currently suffering from back, spine and/or neck injuries. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities.                                        

 

CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY

 

I fully agree to assume all responsibility for all the risks of the Charter/ Rental to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAME BELOW). My/Our participation in the charteris completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.

 

 

This Agreement shall be governed by the laws of the United States of America Any legal action relating to or arising out of this agreement against or with respect to Franck or Mylene Garot DBA Aquarius Boat Rental shall be commenced exclusively in the United States of America. Any legal action relating to or arising out of this Agreement against or with respect to any of Franck or Mylene Garot DBA Aquarius Boat Rental affiliated or related companies shall be commenced exclusively in the Court of Miami Dade, FL. I agree that I will reimburse in full any attorney fees incurred by the assured or their Insurers to defend any legal action under this agreement.

 

 

I HEREBY RELEASE AQUARIUS BOAT RENTAL, LLC, FRANCK GAROT DBA AQUARIUS BOAT RENTAL, MYLENE ANICET GAROT DBA AQUARIUS BOAT RENTAL THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, EACH AND EVERY CRUISE LINE OR COMPANY WHO FACILITATED PARTICIPATION AND/OR PURCHASE OF TICKETS, OR FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

 

                                                                                                                       

I have read this assumption and acknowledgment of risks and release of liability agreement I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the renter/charterer, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND INDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).


***READ THE RELEASE BEFORE SIGNING***

Today's Date: Date of Signing

 







First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
Check to receive discounts and news by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Passengers
How many passengers on the boat?*
How many kids under 6 years-old? (they still count as passengers but we have to know for life jackets)*
Captain fee
I understand I have to pay the captain before departure.
Booking
Date of Your Boat Ride *
How many hours did you book?*
Boating Rules

**BE ON-TIME**

- 15-minute late is considered a no-show.



**BAREFOOT ON BOARD**

- Barefoot only - take off your shoes before coming on board (will be stored in a designated boat compartment).



**BEWARE STAINS ON THE SEATS WILL BE CHARGED**

- Bring plastic cups - not glass cups (bottles allowed).

- No food that turns your hands any color (Cheetos/Doritos are the worst).

- No chocolate.

- No confetti, pinatas, or balloons (dolphin killers!).

- Be careful when applying sunscreen/lotion, as any excess damages the upholstery.

- No stepping on seats.

- No pets except if written approval from the owners.



**NO SMOKING, NO DRUGS**

- Smoking is not permitted; only vaping is allowed. If allowed, smoking will be limited to smoking in the water only and when anchored.



**WEATHER**

- We sail rain or shine. If you haven't purchased third-party rain insurance, no refund will be given because of the rain.



**BOATING INSTRUCTIONS AND SAFETY RULES**

- Refrain from engaging in any jumping activities while the boat is in motion.

- Avoid sitting on the seat armrests to ensure safety and comfort.

- Refrain from leaping into the water unless the boat's motor has been switched off.

- Do not disembark from the boat until receiving explicit approval from the captain.

- For non-swimmers and children under 6 years old, it is mandatory to wear a lifejacket (provided), and if you face swimming difficulties, make use of the floating mat.

- While in the water, exercise caution with respect to wind and currents, as they may lead to unintentional drifting.

- Prohibition on sitting at the stern of the boat when it is operating at full speed.

- Never insert your arms or fingers between the dock and the boat during the docking process.

- Strictly observe a no-smoking policy while aboard the boat.

- Do not enter the water if you are under the influence of intoxicating substances.

- Refrain from consuming alcohol if you are under the legal drinking age of 21 years.

- Never swim behind a boat or near the propeller area to ensure your safety at all times.

- Keep all body parts, such as hands and feet, within the boat to prevent injury.

- Pay attention to the boat's stability; avoid sudden movements that could lead to unbalancing.

- In case of adverse weather conditions, follow the captain's instructions for safety measures or potential changes in the itinerary.

- Familiarize yourself with the location of emergency equipment, such as life vests, fire extinguishers, and first-aid kits, and know how to use them. Life vests are usually located underneath the passengers' seats in the back of the boat. Flares and other safety equipment are in a waterproof orange box close to the captain's seat.

- Be considerate of locals by keeping noise levels at a reasonable and respectful volume, especially at night and while in the canal that leads to the marina.

- Do not throw any objects or litter overboard to help maintain the cleanliness of the water and the environment.

- If you're prone to motion sickness, take appropriate medication or preventive measures before embarking on the trip. We should have motion sickness pills onboard but sometimes we run out.

- Always be aware of your surroundings and the location of the boat, especially if you go swimming or engage in water activities away from the vessel.

- Respect wildlife and marine ecosystems by not disturbing or harming them in any way.

- If you witness someone in distress in the water, immediately alert the captain or crew and follow their instructions for a coordinated response.

- Follow any local or national regulations and laws related to boating safety and environmental protection.

- Before departure, you will receive an additional brief safety orientation from the captain or crew to familiarize yourself with the specific safety procedures and equipment on board.

- In case of any medical conditions or allergies, inform the captain or crew members to ensure they are aware of any potential health concerns. 





Yes I agree to follow the rules
Refund, Cancellation, Downgrade

Cancellations

Free cancellations until 7 days before the booking start date.

50% refund for cancellations between 3-7 days before the booking start date.

Cancellations within 3 days of the booking start date are non-refundable.

If the cancellation has been made for good reasons (e.g. medical condition or plane canceled), Aquarius Boat Rental will ask for proof and issue and hold an in-house credit for use towards a future rental, given that we are able to rebook the boat with another customer.

Regarding the weather, this is on our expert team to determine whether the weather is unsafe. Lighting, hurricanes, or tornados are unsafe weather conditions.

If USCG issues a small craft advisory for Miami Beach, or if winds are over 25 mph, you will receive a full refund or be offered to reschedule your appointment.

Keep in mind that Miami has tropical weather, it can rain in the morning and be sunny in the afternoon or rain for one hour and the sun will shine bright right after. Therefore, no refund will be given because of the rain. Exceptions may apply.


Rain policy 

If you haven't purchased the rain guarantee, no refund will be given for the rain. If you need more info about the rain guarantee program, please let us know.

Canceling will be at no cost only in case of thunderstorms, US Coast Guard advisory for small crafts issued for our area, and winds over 25 mph.

If we advised you the weather will get better by the time of your appointment and you still decide to take a house credit and the weather actually is good at the time of your appointment, we reserve the right to charge a $150 rescheduling fee.


Downgrade / Boat breaks down

Boats break sometimes. It happens even to the best of us!

Aquarius Boat Rental reserves the right to make changes to the reservation in the event the reserved boat would become unavailable for any reason, or for unsafe weather. 

If we have to downgrade, the price will be reduced accordingly.

If you are on a trip and the boat breaks down, the captains are trained to follow the procedure:

1- Try to troubleshoot the problem by themselves

2- Call the management for troubleshooting.

3- If the boat can't be started again, you will be given 2 options:

a) If a replacement boat is available, we will offer it to you. In this case, we will ask you to sign a release indicating your acceptance of the replacement boat and that it is understood that no refund will be issued. Partial refunds will only be provided if the replacement boat is of a lower grade, or if we need to reduce your allotted time.

b) You can decide to get towed back to the marina and receive a refund for the unused time that will be prorated. This option also applies if there's no replacement boat available.


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📸 Please upload a photo of your Identification document (ID, Driver License, Passport, Passport Card) 📝 ON THE SAME PICTURE: Include the credit card used for payment (LAST FOUR DIGITS AND NAME ONLY) OR a transaction debit from online banking. Not required if you paid with Zelle, Venmo, Affirm, or Klarna (just upload a blank picture). ⚠️ Your Booking is Confirmed Only if the documents are uploaded and the info matches ⚠️ *
  
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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
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By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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