Boston Whaler Rental

Captain's Waiver:

Aquatic-Based Activities Assumption of Risk and Complete Release of Liability

We are excited for you to rent one of our Boston Whalers to explore the North Shore beaches of St. John!

To prepare for your day on the water, there are some rules and regulations that you need to be aware of. Most of these are covered in our Whaler Safety Video and if you have not watched it yet, STOP and go watch it BEFORE you sign this waiver. There is a link in your confirmation email, or use the link below. 

STOP! Watch This Video BEFORE Signing!

Whaler Safety Video link https://youtu.be/8utF22mB5JE

Video Completed

I have watched the Boston Whaler Safety video and understand that if I have any questions about the boat or boating procedures, I will ask the staff member assisting me with checkout.

I acknowledge that I am at least 21 years old and have experience driving a boat or dinghy.

Credit Card Hold

I authorize a $1000 hold to be placed on my card when I arrive for check-in to cover any damages or breaches of contract while I have the boat out for rent.

WATERSPORTS AND AQUATIC ACTIVITIES ASSUMPTION OF RISK AND COMPLETE RELEASE OF LIABILITY 

I UNDERSTAND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE LOW KEY WATERSPORTS, INC. RINGO LEASING, SAVANNAH’S BOUTIQUE &/OR OCEAN RUNNER POWER BOAT RENTAL LLC THEIR OWNERS, EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOAT(S) AND/OR EQUIPMENT (WHETHER OWNED, OPERATED, LEASED, OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES”, AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISINGASACONSEQUENCEOF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONSON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE. 

1. I UNDERSTAND THERE ARE INHERENT RISKS INVOLVED WITH SWIMMING, SNORKELING, DIVING, BOATING, WATERSPORTS PARASAILING, AND OTHER AQUATIC-BASED ACTIVITIES included but not limited to equipment failure, perils of the sea, action of the sea, wind, waves and boat wake, harm caused by marine creatures (including bites and/or attacks), acts of fellow participants or guests, entering and exiting the water, transferring between boats, aquatic-based activities, the consumption of alcohol, boarding or disembarking boats, and activities on the docks and approaches and I HEREBY ASSUME SUCH RISKS.

2. The inherent risks of the activities include fatigue and/or dizziness caused by or contributed to alcohol consumption, which may diminish my reaction time and increase the risk of accident. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance/drugs before and during the activities and I take full responsibility for any injury, loss or damage associated with the consumption of the same. I agree to drink responsibly and to not take drugs prohibited by law before and during the activities.  

3. I UNDERSTAND I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO. 4. I assert I am physically fit to swim, snorkel and participate in aquatic-based activities and ride on a boat and/or equipment and I will not hold the RELEASED PARTIES responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while swimming, snorkeling, riding on the boat or equipment, or otherwise participating in the trip or activities. 5. If I become distressed during the trip or whilst otherwise participating in activities, I will immediately notify the crew and ask for assistance. 

6. I fully understand the involved boat and/or equipment has limited medical facilities and in the event of illness or injury appropriate medical care must be summoned by radio or telephone and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions. 

7. The RELEASED PARTIES have made no representation to me implied or otherwise they or their crew can or will perform safe rescues or render first aid. If I show signs of distress or call for aid, I would like assistance and will not hold the RELEASED PARTIES, their crew, boats, equipment, or passengers responsible for their actions in attempting the performance of rescue or first aid.

8. IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SWIMMING, SNORKELING, BOATING, AND AQUATIC ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.

9. I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between RELEASED PARTIES and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.

10. I speak and read and understand the English language and understand the content of this document. The captain and/or crew have explained this document to me.  

I have read this agreement and I am aware it is a release of liability and a contract between me and the RELEASED PARTIES.I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.

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On Time Arrival and Return

We want you to have the most amount of time possible for your day on the water!

• Ocean Runner has specifically scheduled someone to assist you with the setup and return of the vessel.
• Your entire group must be at our shop, Low Key Watersports by the following time to prepare for your departure, unless you have made prior arrangements for a different start time. We have 2 different start times, please check your confirmation email if you are not sure of which time to arrive.
• 8:30 am or 9:15 am
• There will be a cooler with ice on board so please bring beverages, snacks, coffee, breakfast, small children, teenagers, and anything else you might want to take with you at the beginning of the day. Leaving after check-in to get these items will delay your departure.
• No animals are permitted on the boats for any reason. If you need more clarification, please call the office. 
• When arriving please check in with a staff members at the Low Key Watersports Shop
• The boat is due back to our dock no later than the following time:
• For 8:30am departures:
• 3:30 pm
• For 9:15am departures:
• 4:15 pm if you have rented for a full day
• 12:15 pm if you have rented for a morning half day rental
• For 1:15pm half-day afternoon departures:
• 4:15 pm

Boats returning up to 15 minutes late may be charged $75. After 15 minutes, a search boat will come to find you and the Coast Guard may be called for your safety. You will be charged $200 plus any costs incurred if the Coast Guard must be deployed.

Fuel & Navigation

• The boats are fully fueled prior to departure (at least 5 gallons). This is plenty of fuel for the normal route from Cruz Bay to Waterlemon Cay and back. Going out of bounds or doubling up on any portion of this route may result in running out of fuel.
• Each boat is equipped with a GPS locator to allow us to see your path of travel and location.
• If you run out of fuel, you will be charged a $200.00 fee for one of our staff members to bring fuel to your location.
  I Agree
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• The navigation route includes the NORTH SHORE OF ST. JOHN, from CRUZ BAY to WATERLEMON CAY. The boat is not permitted to go south past the starting point of Cruz Bay.
• The boat is not permitted to go to the Westin.
• Under no circumstances are you to take the boat out of USVI waters, or deviate from this route. 
• Customers who deviate from permitted route (US waters or BVI waters) will be fined up to $5,000.00 per day. Boats entering international waters of the BVIs are subject to arrest and deportation by the British Virgin Islands authorties. 
• GPS locators on each boat show your location and travel path at all times and alert crew if you go out of bounds.
  I Agree

​Boat Condition & Damages​​​

• The boat is to be returned free of any personal items, trash, sand or debris. Failure to do so, will result in a $200.00 cleaning charge. 
• There is to be NO usage of any aerosol type sunscreen on board the boat. This damages boat cushions and injures marine life!
• By law, only reef safe sunscreens are permitted in the Virgin Islands. Please help us keep our reefs safe and healthy.
  I Agree
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• The employee conducting your check-out will inspect the propeller prior to departure and take photographs of it's condition. MAKE SURE YOU ALSO INSPECT IT. If damaged during the day, you are responsible.
  I Agree

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• You, the customer, are responsible for the boat and any damages caused to it or by it, including damage caused by its wake.
  I Agree

Boston Whaler Replacement Costs

The following fees will be charged if damage does occur to the boat during your rental. 

• Sticker Damage: $20/inch
• Propeller: $250     
• Gel Coat Damage: $250+
• Bottom Paint: $400  
• Fender: $115
• Lower Unit: $3,500
• Bow Light: $85                              
• Ice Chest: $150
• Anchor: $150                                 
• Chain: $40
• Line: $150                                      
• Dock Lines: $35
• Cushions: $200                               
• Bent Skeg: $1,500
• Engine Cowling: $1,000

*Anything not listed is $90 per hour plus materials*

**Damages may also include the below costs:

• Labor - $80.00 per hour plus materials
• Haul out for Estimate - $150.00 
• $410 for each day the boat is out of service

I have read and understand the replacement costs of the vessel.

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Boating Rules

• The combined weight of all participants on the vessel cannot exceed the weight limit of 884 lbs or 5 passengers on the 16' vessel.
  I Agree

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• Arms and legs must remain inside the vessel while the boat is in motion.
  I Agree

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• Mooring Ball use is required by the National Park
  I Agree

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• No anchoring is permitted except in case of an emergency.
  I Agree

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• Always keep the boat in at least 10 feet of water. The boat may under NO circumstances ever be beached.
  I Agree

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• I will make sure that I understand the engine's starting procedures completely before I leave Cruz Bay.
  I Agree
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• Lifejackets are for emergency use only. Lights will activate upon contact with water. I acknowledge I will be charged a replacement and repackaging charge for all lights and jackets used in non-emergency situations. Flotation vests and belts may be rented in the shop for recreational use. 
  I Agree

​Boating and Alcohol

• I understand that most boating accidents are alcohol-related. I also understand that consumption of alcohol while operating this boat can cause serious liability problems on my part, and is strictly prohibited.
  I Agree

• ​I agree to refrain from snorkeling or swimming if any alcohol has been consumed.
  I Agree
   

​Other Activities While Boating

• I understand that SCUBA diving, waterskiing, fishing gear or other watersports and the use of their associated equipment,  with the exception of swimming and snorkeling, are STRICTLY PROHIBITED while renting this boat. 
  I Agree
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• I understand that fishing of any kind is prohibited on this vessel. (This includes spearfishing.)
  I Agree
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Ocean Runner reserves the right to charge up to $500.00 additional charge if these strictures are not adhered to

BOAT RENTAL CONTRACT TERMS AND CONDITIONS

• CONDITION OF BOAT: I acknowledge that I will examine the boat and/or equipment described in this contract, I will visually inspect it, and know the conditions thereof at the time of rental except as noted on Page 1 of this contract, in a writing signed by me. I agree to periodically inspect the boat and/or equipment and to maintain same in a safe, seaworthy and dependable condition. 
  I Agree
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• DAMAGES OR LOSS OF BOAT I shall be responsible and agree to pay Lesser for any loss, damage, theft, disappearance, collision or other occurrence to the boat and/or equipment and to reimburse Lesser at replacement cost for any casualty regardless of fault of any other party while the boat and/or equipment is in my custody for the rental term or under the conditions of the Terms and Conditions as outlined in the rental contract. 
  I Agree

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• I further agree to pay for towing, salvage, or other service and expenses, charges to the boat and/or equipment resulting from any use and/or operation under this rental contract I understand that no right, title, or interest in any of the equipment shall pass to me. 
  I Agree

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• RENTAL TERMS AND OWNERSHIP The agreed rental term or period of this contract is as stipulated at the time rented. I agree to return the boat and/or equipment to the lesser no later than the date and time “due” as listed on Page 1. If I fail to return the boat and/or equipment by the date and time “due,” such failure may constitute an unauthorized taking and I will be fully liable for all legal fees, costs and expenses, including consequential loss of potential rental income to the Lesser and the replacement cost of the rental boat and/or equipment. 
  I Agree

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• I understand and agree that the boat and/or equipment described in this contract remain the property of the Lesser and I agree to return same to the location from which rented or the Lessor’s alternate location designated at time of rental and so listed on Page 1 of this contract. Lesser may retake possession of the boat and/or equipment at any time and for such purposes to enter upon the premises of me. I hereby waive the right of any action against Lesser, its employees, or agents by reason of such retaking or entry. 
  I Agree

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• SUBLETTING Any subletting of the boat and/or equipment is prohibited and void. 
  I Agree

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• PERSONAL PROPERTY I agree to assume all responsibility for loss or damage from any cause to any and all personal property and any guest or passenger. 
  I Agree

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• FINES/PERMITS I agree to operate the boat and/or equipment in accordance with all county, state, federal, territorial or foreign laws and boating regulations and I am personally responsible for any fines due to said violation or negligent operation and does hereby agree to indemnify Lesser for same. If the boat and/or equipment are seized or commandeered by any government or governmental agency, I am totally liable to Lesser at replacement cost including loss on rental revenue as if a total loss has occurred. 
  I Agree

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• OPERATIONS/USE OF BOAT I acknowledge that I have been informed of the whereabouts of the safety equipment on board this vessel. I agree to operate the boat and/or rental equipment in a safe and prudent manner and understand that I am responsible for the boat and/or equipment under the Terms and Conditions of this rental contract. I will not allow any person(s) to use, operate, or be carried in the rental boat and/or equipment without approved personal floatation devices being available for each person’s use. I warrant that I am in basic knowledge of small boat operation and use, and understand and agree that this rental is not contingent upon my prior experience with the specific boat. I further agree and understand that I will be provided with basic written and/or oral instructions in the operation of said boat and/or equipment and further agrees to indemnify and hold Lesser harmless for any and all use and operation of same. I understand that I should permit the operation of the vessel by a member of my party all terms and conditions of this contract remain the same; my liability and responsibility shall not cease or be altered in any way. I warrant and agree not to operate the boat and/or equipment while under the influence of alcohol, narcotics, barbiturates, drugs, or marijuana nor carry or transport same if possession is in violation of any law. 
  I Agree

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• THIRD PARTY LIABILITY  I agree and acknowledges that all third party liability for property damage or bodily injury relative to the use and operation of the rental boat and/or equipment are the sole responsibility of me and/or operator and that the Lesser provides no liability protection to me, the operator, or passengers. 
  I Agree

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• I shall indemnify and hold Lesser and its employees and duly authorized agents harmless from any and all damages and/or liability arising out of or resulting from my use and/or operation of the boat and/or equipment. I further assume all risk involved in the use and/or operation of the boat and/or equipment and acknowledges the inherent and natural hazards and perils of boating waterways. 
  I Agree

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• NOTICE OF LOSS OR DAMAGE I agree to immediately report any accident, loss or damage to the Lessor’s rental agent, and further agree to cooperate and provide written or oral statements to the Lesser or its designated representative. I must not incur any expenses with regard to breakdown or damages without express permission from Lesser. 
  I Agree

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• PAYMENT OF I shall pay Lesser all charges hereunder on demand. In the event that I cancel, revoke, or refuse charges on any credit card slip signed by me, I agree that I shall be responsible for damages, such amount calculated based on the original amount of the charged amount that I refuse to pay, and such damages are reasonably calculated to reimburse company and are not a penalty. 
  I Agree

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• DEPOSIT/COLLECTION EXPENSE Any deposit given by me shall be applied to and guarantee the faithful performance of all the provisions of the contract and for all sums which nor or thereafter may be due hereunder and for all losses services and repairs necessary to the boat and/or equipment. If any action is brought to enforce any of the Terms and Conditions of the contract or to recover any sums due hereunder, I shall pay all attorney fees, court costs, and other expenses. 
  I Agree

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• RELEASE The Knowingly and voluntarily releases and forever discharge Ocean Runner Power Boat Rental, LLC, Low Key Watersports, Inc, Savannah's Boutique Inc, and Ringo Leasing, and all its employees, officers, directors successors, heirs and assigns from any and all liability, damages, claims and demands whatsoever, resulting from the use, pursuant to this lease of the equipment. 
  I Agree

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• ENTIRE CONTRACT I understand and agree that the Terms and Conditions of the entire rental agreement are set forth on both sides of this instrument, that the same contains all agreement of the parties, and further that the headings used herein are for the convenience of the parties only and should not be construed otherwise. No oral explanation or information by any party shall alter the meaning or interpretation of this Agreement. It is the entire Agreement of the Parties. No modification or amendment of the terms hereof shall be made unless made in writing signed by all parties. 
  I Agree

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• CHOICE OF VENUE I hereby consents to jurisdiction and venue of the United States courts of the Virgin Islands. 
  I Agree

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• SEVERABILITY In the event any provision of this agreement is deemed by a court of competent jurisdiction, such being the courts of the United States Virgin Islands, to be unenforceable, customer agrees such finding shall not invalidate the remaining provisions of this contract. 
  I Agree

Rent at Your Own Risk

For and in consideration of permitting the undersigned persons to lease the vessel, the undersigned individually, and their individual heirs, executors, administrators, and assigns hereby voluntarily release, discharge, waive and relinquish any and all actions or causes of actions for personal injury, property damage or wrong death occurring to themselves arising at any time against Ocean Runner Power Boat Rental. LLC., or its employees or subcontractors as a result of the lease, use, or operation of the leased vessel. The undersigned, for themselves, their heirs, executors, administrators and assigns agrees that in the event any claim for personal injury, property damage, or wrongful death shall be prosecuted against Ocean Runner Power Boat Rental, LLC, its employees or subcontractors, arising out of or in any way connected with the lease of the vessel, that they shall hold harmless Ocean Runner Power Boat Rental, LLC, its employees and subcontractors from said claim. It is the intention of the undersigned by this instrument, to exempt and relieve Ocean Runner Power Boat Rental. LLC and its employees and subcontractors from liability for personal injury, property damage, or wrongful death caused by negligence. The undersigned each acknowledge that he/she has completely read this agreement and that they understand the potential dangers incidental to engaging in power boating and that they are fully aware of the legal consequences of signing this document.

Have Read, Understand and Agree to the Rules & Charges as listed and to the terms of this contract

​YOUR AGREEMENT INDICATES A FULL UNDERSTANDING AND ACCEPTANCE OF EACH AND EVERY SECTION AND PARAGRAPH

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Date: May 5, 2025