RENT AT OWN RISK
*There is a $75 per half hour charge added to the bill if renters are late, as Ocean Runner has specifically scheduled someone to assist with the rental departure and arrival.
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
Boston Whaler Replacement Costs
Sticker Damage: $20/ inch
Gel Coat Damage: $250+
Bottom Paint: $400
Lower Unit: $3,500
Bow Light: $85
Ice Chest: $150
Dock Lines: $35
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
- $295.00 each day the boat is out of service
I have read and understand the replacement costs of the vessel
Rules and Fees
YOUR INITIAL INDICATES A FULL UNDERSTANDING AND ACCEPTANCE OF EACH AND EVERY PARAGRAPH.
A FULL DAY rental is from 9:00 am until 4:00 pm. NO EXCEPTIONS! *CUSTOMERS WILL BE BILLED AT A RATE OF $75.00 PER QUARTER HOUR OVER THE RENTAL TIME.
A HALF DAY RENTAL is either from 9:00 a.m. – 12:00 p.m. or from 1:00 p.m. to 4:00 p.m. *CUSTOMERS WILL BE BILLED AT A RATE OF $75.00 PER QUARTER HOUR OVER THE RENTAL TIME.
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. Doubling up on any portion of this route may result in running out of fuel. If you are to run out of fuel, you will be charged a $200.00 fee for one of our staff members to come out to your location to assist, in addition to the cost of fuel brought out to get you back to our location.
The navigation route will be on the NORTH SHORE OF ST. JOHN, and not to exceed WATERLEMON CAY. The boat is not permitted to go south past the starting point of Cruz Bay. 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.
The combined weight of all participants going out on the vessel does not exceed the listed weight limit or 5 passenger limit.
Any operator of this boat is 21 years or older.
I understand that fishing of any kind is prohibited on this vessel.
The boat is to be turned in within a similar manner as it went out; clean and sand free! Please ensure that any trash, sand, hair, suntan lotion and clothing are removed before the whaler is checked back in. Failure to do so, will result in a $200.00 charge. There is to be NO usage of any aerosol type sunscreen on board the boat.
The employee conducting your check-out will inspect the propeller prior to departure. MAKE SURE YOU SEE IT ALSO. If damaged during the day, you are responsible.
Customer is responsible for the boat and any damages he/she causes to it or by it, including damage caused by its wake.
Do not sit on the bow area when the boat is in motion.
Always keep the boat in at least 10 feet of water. The boat may under NO circumstances ever be beached.
I understand the engine's starting procedures completely before leaving Cruz Bay.
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 understand that SCUBA diving, waterskiing or other watersports with the exception of swimming and snorkeling are STRICTLY PROHIBITED while operating this boat. Ocean Runner reserves the right to charge up to $500.00 additional charge if these strictures are not adhered to.
The undersigned agrees to refrain from snorkeling or swimming if any alcohol has been consumed.
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 nonemergency situations.
BOAT RENTAL CONTRACT TERMS AND CONDITIONS
CONDITION OF BOAT: I acknowledge that I have examined the boat and/or equipment described in this contract, it has been visually inspected, and I 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.
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 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.
RENTAL TERMS AND OWNERSHIP The agreed rental term or period of this contract is as stipulated on Page 1 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 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.
SUBLETTING Any subletting of the boat and/or equipment is prohibited and void.
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.
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.
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.
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 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.
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.
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.
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.
RELEASE The Knowingly and voluntarily releases and forever discharge Ocean Runner Power Boat Rental, LLC, 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.
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.
CHOICE OF VENUE I hereby consents to jurisdiction and venue of the United States courts of the Virgin Islands.
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.
Date: October 30, 2020