Boat Rental Agreement
Ponton Rental Operators Release of Liability, Wavier of Claims, Express Assumption of Risk and Indemnity Agreement
Please read and be certain you understand the implications of signing. Express Assumption of Risk associated with use of boats, floats, and related activities.
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with motorized (e.g. boat) or non-motorized (e.g. float), shuttle van, and related water sport activities to which I am about to engage, included but not limited to:
1. Changing water flow. Tides, currents, wave action, and a ship’s wakes;
2. Collision with any of the following:
a) Other participants
b) The watercraft
c) Other watercraft
d) Man made or natural objects
e) Shuttle boat
3. Wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature;
4. My sense of balance, physical condition, ability to operate equipment, swim and or follow directions;
5. Collision, capsizing, sinking, or other hazards that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body, and/or drowning;
6. The presence of insects and marine life forms;
7. Equipment error of operator error;
8. Heat or sun related injuries or illness, including sunburn, sun stroke or dehydration;
9. Fatigue, chill and/or reaction time and increased risk of an accident.
I specifically acknowledge that I have read, understand, and agree to abide by the Personal Watercraft Operational Instructions at all times and that I have been trained in the safe use of the water sport equipment to my complete satisfaction, and I am physically/mentally able to participate in the water sport activities to which I am about to engage.
I specifically waive any defense as the contract is concerned that may arise as a result of any state or local law and/or regulation or policy that may impact its enforceability.
I completely understand and agree to fully accept all responsibility of behalf of myself and all parties aboard, including minor children, and injuries, death or loss of personal property are cause in whole or in part of the negligence of the releases named below.
Employees, volunteers, their insurers, and each and every landowner, municipal and or governmental agency upon whose property which in an activity is conducted, as well as their insurers, from any and all liability of nature to include; all injury or damage (including death) to all parties involved with activities. This includes minors, as a result of my/our participation in this activity, even if caused by my negligence or by the negligence of the renter’s name above or any other persons.
Release of Liability, Wavier, of Claims, and Indemnity Agreement
In consideration of being allowed to participate in the above described activities, as well as the use of any of the facilities and the use pf equipment of the below releases, I hereby agree as follows:
1. To waive and release any and all claims based upon negligence, active or passive, with the except of intentional, wanton, or willful misconduct that I may have in the future against all of the following named persons or entities, referred to as releases.
2. To release the releases, their officers, directors, employees, representatives, agents, and volunteers and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities weather caused by active or passive negligence of the releases or otherwise, with the exemption of gross negligence. By executing this document, I agree to hold the release harmless and indemnify them in conjunction with any injury or loss of life that may occur as a result of engaging in the above activities.
3. I agree to pay for all damages or loss of equipment that may occur during my rental. I acknowledge that charges will be automatically charged at the end of rental. My security deposit will not be refunded if charges accumulate more than damages owed. I may also be required to pay more than the security deposit. I also agree to pay for loss of time/rentals if boat or float is not able to be rented due to damage.
4. By entering into this Agreement, I am not relying on any oral or written representation of statements made by the releasees, other than what is set forth in the Agreement.
I hereby declare that I am of legal age and am competent to sign this Agreement or if not, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this Agreement.
I have read this Agreement, understand it, and agree to be bound by it.
RIGHT OF REFUSAL: At ANY time, Bay Side Boat Rental LLC., may for any reason, terminate or refuse to lease to any individual.
For the Rental of the above vessel, the Renter agrees as follows:
- I agree to be responsible for returning the rental property in the same working condition and cosmetic appearance as when received. I agree to return the rental property with a full supply of gas and all equipment and accessories that were with the rental property. If returned with less than a full supply of gas, I agree to pay the amount required to fill the vessel. If I fail to pay for the fuel, it shall be charged to my credit card used for the security deposit.
- I agree to return the rental property to the designated location of the boat ramp. I understand that any time over the rental period, will be a $3.00 per minute late charge.
- I have been briefed or offered a copy of the rules and regulations by Bay Side Boat Rental as to the safe operation of the equipment and fully understand the same and have gone over “Boating Rules and Regulations.”
- I will not operate or allow anyone to operate the rental property for any unlawful purpose or operate in a careless, reckless, or negligent manner.
- I will not operate or allow anyone to operate the rental property if under the influence of drugs or alcohol, nor will I allow a minor, or anyone who is in anyway incompetent to operate the rental property.
- I agree that the rental unit may only be operated within the following parameters of navigable water:
-North of Perdido Pass Bridge (Caribe Bridge)
-West of Perdido Key bridge (Holiday Harbor bridge)
-East of Intercoastal Waterway bridge (Lulu’s bridge)
-South of Lillian Bay bridge
- I understand and agree that under no circumstances is rental unit to be operated in the Gulf of Mexico. I UNDERSTAND THERE WILL BE A $300 FINE FOR ENTERING INTO THE GULF OF MEXICO.
- EARLY RETURNS DUE TO INCLEMENT WEATHER WILL NO RESULT IN A REFUND OR RESCHEDULE.
- I understand there will be a charge of $150 for any breakdown due to running out of fuel.
- I agree to report any accident, boat issue, or breakdown to Bay Side Boat Rental LLC. Immediately. If the boat has an issue we will be fix the boat to the best of our ability, offer longer time, and likely offer a replacement if necessary. No monetary refund will be given.
Damage Deposit: We collect a credit card to keep on file and the renter is responsible for the total repair bill or damage or entire boat. Upon delivery and return, attendant will inspect the vessel for any damages. The deposit will be applied toward the cost of any repairs of any and all damages suffered to the vessel. If the cost of the damages exceeds deposit, renter agrees to be fully responsible for the remainder of the cost incurred to repair or replace the vessel to the same condition as the time the rental agreement was started. Furthermore, the renter understands and agrees that he/she as the renter is the only person allowed to use the Vessel for the entire rental period. The Renter also agrees that he/she is responsible for the retrieval and/or replacement of the vessel, life jackets, and other gear, if these items are stolen or lost during the rental period. If for any reason a credit card was not collected at the time of rental, then a credit card is to be collected with the vessel is returned.
Boat Rental Check List:
I am responsible for the all the following items.
- 12 Adult orange life vest $15 each
- 1 type IV throwable Device $20
- Child Life Jackets @$50 each
- 4 boat bumpers $15 each
- 4 Dock lines $15 each
- 1 fire extinguisher $25
- 1 first aid kit $10
- 1 anchor with rope $75
- 1 Boat Key $20
- Ladder $150
- I understand that I am responsible for any and all damage to the boat while in my possession, and that my credit card will be charged for repairs, and loss of rental time.
- I have been instructed in the proper safe operation and usage of boat rented from Bay Side Boat Rental LLC.
- Driver cannot be under the influence of alcohol or narcotics. The legal limit for alcohol is .08% BAC.
- I understand 100ft rule and no wake zones.
- No more than 12 people on the boat.
- I will make sure the weight in the boat is dispersed as to not cause damage to the boat or make it unsafe.
- All children 8 and under are required to wear a light jacket while on the boat. (it is recommended that everyone swimming in the water use a life jacket)
- I will not tow anything or anyone with the boat.
- I will only operate the boat in daylight hours (dawn till dusk) no operation after dark.
- I have been instructed on boundaries.
- I am responsible to return the boat with the same amount of fuel as when I left with the boat.
- I will return the boat with the Bimini top up
-No refunds for early returns for any reason including inclement weather, no refunds or reschedule
I authorize Bay Side Boat Rental LLC to charge my credit card above for agreed upon rental, fuel, and/or damages. I understand that my information will be saved and my credit card will be charged for any damage to or loss of property rented from Bay Side Boat Rental LLC.
Release of Liability and Indemnity Agreement
In consideration of the above described boat, and/or riding in company shuttle van, I do hereby fully release, discharge, and hold harmless Bay Side Boat Rental LLC., its owners, agents, and employees, from any and all claims of liability for damages of any and every type while the boat is under the contract rental agreement whether being operated by me or anyone else or just in my possession or for the time I am responsible for it. Furthermore, I do agree to indemnify Bay Side Boat Rental LLC, its owners, agents, and employees, against any and all judgments to verdicts and the cost of defending any claim or action which may occur as a result of the injury to person or property of the undersigned, his/her family, or any third party which may occur as a result by the operation of the rental property or while it is in my possession. I also agree to be and am responsible for all damage and loss of rental, property, equipment, and accessories, and agree to pay for such loss or damage at the cost expressed in agreement or if not specifically listed, then at fair market value to repair or replace of the same.
I hereby declare that I am of legal age and am competent to sign this Agreement or, if not, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence wit this Agreement. Must be 21 years old to rent boat, and 18 to operate.
I have read the Agreement, understand it and agree to be bound by it.
Date: September 23, 2021
Signature of Primary Adult Participant
Markel Marine Insurance
Participant check-out acknowledgement
Boat rental check-out and training
General boating safety
- Maintaining safe speed/monitor surroundings/drive defensively/no aggressive maneuvers
- Maintaining a safe distance from other boats, objects and people
- Do not enter the water without a lifejacket on, engine turned off and key removed
- Conduct a head count before starting the engine
- Always remain seated while the boat is in motion
- Absolutely no sitting on the bow, sides or stern
- Importance of attaching the engine shut-off cord/lanyard
- Engine start and shut-off procedures
- Dangers of CO2
- Refueling procedures and engine blower use (if applicable)
- Sound five blasts of the horn or whistle to signal danger or need for assistance
- Boats do not have breaks – stopping the engine will not stop the boat
- Proper boat anchoring procedures (if applicable)
- Navigation rules – local laws, regulations, hazards and navigational markers
- Towing sports safety, if allowed (i.e. water skiing, wake boarding, tubing)
Personal watercraft (PWC)
- Dangers of water being forced into body cavities from the jet thrust nozzle – wetsuit or wetsuit bottoms recommended
- Never apply throttle if any participants are in the water near the PWC
- Dangers of loose items (i.e. clothing, hair, stones, etc.) being sucked into the jet drive intake
- A life jacket must always be worn with kill switch lanyard attached
- Horseplay is never allowed – no spraying or splashing others; no wake or wave jumping
- Stopping the engine will not stop forward motion
- Steering control is lost when the throttle is released, or when the engine is shut off
- How to respond to a capsized PWC
Houseboat and pontoon boat
- Keep fingers free from gates and hinges when exiting the boat
- Proper use of navigation and anchor lights (houseboats only)
- Keep gates closed and participants seated inside the gated area at all times when engine is running
- Towing other boats is not permitted
- If the boat has an upper deck:
- No one is allowed on the upper deck while the engine is running
- No jumping from the upper deck
- A spotter must be present when participants are on the upper deck or using the slide
I agree and understand
- I have received sufficient instruction and training, including, but not limited to, the pertinent areas listed above. I am prepared to safely operate the rented boat.
- All participants must complete and sign all rental forms; there are to be no additional participants after the checkout procedure is completed.
- Operation of the boat is not allowed by anyone that is under the influence of any legal or illegal drugs or alcohol.
- No boat operation from dusk to dawn.
- In addition to the terms noted above, I have been given an opportunity to ask any additional questions regarding the operation of the rented boat.
- I have been provided emergency contact information.
September 23, 2021