The Bay Area Electric Boats, LLC Rental Agreement
Vessel Name: Santorini (Duffy 21 Sun Cruiser) or Théoule-sur-Mer (Duffy 21 Sun Cruiser)
1. As the operator of the vessel, YOU ARE THE CAPTAIN. Captains are required to be 21 years or older. As Captain you accept responsibility if you surrender operation of the vessel to other passengers on board. You are fully responsible for assuring that you and your passengers adhere to all safety rules. All passengers must keep all body parts in the boat at all times.
1. By renting this vessel, you acknowledge that boating poses various hazards which can cause serious injury, death, or property damage. At all times you must:
a. Remain aware of weather, visibility, wind and other factors which may aﬀect your ability to navigate the vessel safely.
b. Adhere to all applicable nautical rules of the road.
c. Take reasonable measures to avoid risk of collision with other vessels, docks, swimmers, or other objects or things, whether ﬁxed or ﬂoating
d. Give the right of way to non-motorized watercraft including, paddleboards, kayaks, crew boats, vessels under sail or any other non-motorized vessel.
2. You acknowledge that in addition to the normal hazards associated with boating, the Oakland Estuary poses its own hazards. You must pay careful attention to boats coming in and out of side channels or slips, low bridges, shallow water, floating debris, mooring lines and large vessels that may be restricted in their ability to maneuver or see you.
1. You must only operate the vessel in the Oakland Estuary between the Fruitvale Bridge (eastern boundary) and The Bay Ship and Yacht Shipyard (western boundary); see map for details. Under no circumstances shall the vessel enter The San Francisco Bay. If you have any questions about these navigation restrictions, you must ask the representative prior to using the vessel.
2. Docking is only permitted at the Grand Marina dock where you embarked on the vessel. No docking is allowed at Jack London Square or any other marina or dock.
3. Your rental boat is equipped with GPS tracking. Entering the San Francisco Bay is strictly prohibited. A $200.00 minimum fee will be automatically charged to your card if you violate our boundary rules. We reserve the right to charge for additional damages and losses due to boundary violation.
Additional Restrictions & Fines:
1. Operating the vessel while under the influence of alcohol (0.08 and over) or other drugs is strictly prohibited and is punishable by a fine and possible time in jail. No alcohol is to be consumed on the docks.
2. No smoking on the vessel. No pets or candles are allowed on board at any time.
3. Beaching the vessel, swimming, or ﬁshing from the vessel is prohibited.
4. All children under 13 years old must wear a life jacket at all times.
5. A maximum of 10 people are permitted on board at any time.
6. Absolutely no riding on the front or back of the boat. Removal of the windows or surrey top is not allowed at any time and is subject to additional charges.
7. In the event of late return, extra cleanup required, rescue or any other losses or damage to the vessel, I authorize Bay Area Electric Boats, LLC to charge the card held on file.
8. Late Return is subject to a late fee of double the standard rental rate rounded up to the next half hour.
9. Extra Cleanup is subject to up to a $200 charge at the sole discretion of Bay Area Electric Boats, LLC.
10. Rescue Fee of $175/hour minimum is chargeable if boat is disabled due to violation of safety rules or operator negligence.
Terms & Conditions:
1. Renters shall defend, indemnify and hold harmless Bay Area Electric Boats, LLC and its oﬃcers, members, employees, co-workers, co-partners, landlords or lessors from and against any damage, loss, or destruction of any equipment or property, and against all accidents and losses, liability and property or personal damages, injuries, claims, demands, actions, causes, litigation or lawsuits, costs and expenses of every kind and nature whether or not covered by insurance, including legal fees and disbursements, arising out of and in connection with the use, condition or operation of the vessel. Renter assumes all responsibility.
2. Charges for losses or damages to vessel will be calculated at Bay Area Electric Boats, LLC standard service and part rates.
3. No refunds will be issued if the boat is returned before the rental time has expired.
4. Bay Area Electric Boats, LLC is not responsible for personal belongings.
In consideration of Bay Area Electric Boats, LLC agreeing to rent a vessel to me, I hereby agree to the following:
1. I will be familiar with and will comply with all California and United States Coast Guard safety/navigational rules and regulations for boating on the waterways on which I intend to use the rented vessel.
2. I agree and will comply with all of Bay Area Electric Boats, LLC's requirements, rules, and instructions governing the use of your vessels.
3. I have received and reviewed a copy of Bay Area Electric Boats, LLC's requirements, rules and instructions governing the use of Bay Area Electric Boats, LLC's vessels.
4. I FULLY REALIZE THE POTENTIAL HAZARD IN OPERATING AND RENTING VESSELS.
5. I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of Bay Area Electric Boats, LLC, its officers, members, employees, agents, or servants, about or upon the premises of Bay Area Electric Boats, LLC and/or while using the vessel rented to me by Bay Area Electric Boats, LLC.
I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANTS NOT TO SUE Bay Area Electric Boats, LLC, its officers, members, employees, agents, or servants, of and from all claims (first or third party) which may hereafter develop or accrue to me on account of, or by reason of, any injury, loss or damage, which may be suffered by me or to any property, because of any matter, thing or condition, negligence or default whatsoever, and I hereby assume and accept the full risk and danger of any hurt, injury or damage which may occur through or by reason of any matter, thing or condition, negligence or default, of any person or persons whatsoever.
IT IS THE INTENTION OF THIS RELEASE AND WAIVER FORM TO EXEMPT AND RELIEVE BAY AREA ELECTRIC BOATS, LLC FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY BAY AREA ELECTRIC BOATS, LLC'S NEGLIGENCE, AND TO BE AS BROAD AND INCLUSIVE A RELEASE OF LIABILITY AS IS PERMITTED UNDER THE LAWS OF CALIFORNIA. Please initial below if so.
I HAVE READ AND VOLUNTARILY SIGN THIS RELEASE AND WAIVER OF LIABILITY.
I acknowledge that I have been fully and completely advised of the potential dangers involved in the activity of boating and I have been advised and am fully aware of the legal consequences of signing the within instrument.
I have read, understand and agree to all terms and conditions of this agreement.
June 13, 2021