EAST PASS OUTFITTERS, LLC (DBA East Pass Pontoons) PONTOON BOAT BAREBOAT / RENTAL AGREEMENT GENERAL TERMS AND CONDITIONS This Bareboat Rental Agreement sets forth the entire agreement with the exception of the attached Liability Waiver, and furthermore, understanding between the parties, and all previous discussions, understandings, representations, negotiations, and agreements with respect to the matters included in this Rental Agreement are merged herein. Additionally, the consideration recited herein is the full, complete and entire consideration for this Rental Agreement, and there is no further consideration to be paid by any party to any other party except as recited herein. If any provision or part of this Rental Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of the Rental Agreement shall remain valid and enforceable by any party to this Rental Agreement. This Rental Agreement shall be governed by and construed under the laws of the State of Florida and a venue in Okaloosa County, Florida. In the event EAST PASS OUTFITTERS, LLC prevails in any litigation or claim relating to the enforcement of the provisions contained herein, I agree to pay and indemnify EAST PASS OUTFITTERS, LLC for its litigation expenses, including without limitation, reasonable attorneys fees and court costs not to exclude collection costs incurred. I acknowledge and agree that this Rental Agreement is a contract solely between EAST PASS OUTFITTERS, LLC and me the below signed. RULES FOR USE OF PONTOON BOAT AND EQUIPMENT I agree that I shall use all equipment, including the pontoon boat, safety (life) vest, engine, gas tank, ropes, anchor, and safety flares/whistle (hereinafter collectively referred to as the “pontoon boat equipment”) only for the purpose of safety and personal entertainment, with safety always being the first priority in accordance with ALL of the following rules. A. My guests and I shall/will obey all federal, state, and local laws, ordinances, rules or regulations with respect to the use and operation of the pontoon boat equipment, and shall obey all lawful directives of the United States Coast Guard, State Law enforcement, and local emergency or law enforcement personnel while operating the pontoon boat equipment. B. My guests and I shall/will not, at any time, hang legs off the sides of the pontoon boat while the engine is started and/or the boat is in motion. Not only is this against the law, it is extremely dangerous and can result in serious injury or death. C. I shall/will close and secure the front and back gates with all riders safely inside before the ignition key is inserted and pontoon boat engine started. D. I shall/will ensure the motor is in the down position and that the key is out of the ignition before anyone is allowed to engage in any in water activities. E. I understand that the three step fold up ladder located on starboard side for is for access to and from boat, and will use it as the exclusive/only point of access from the water, furthermore, I will ensure the ladder is properly stowed before/prior to starting the engine. F. My guests and I shall/will not jump and/or dive from the deck at any time while aboard the vessel. Water access to and from the vessel is to be by swim ladder only. G. I shall/will designate a capable and sober look out for in-water activities. H. I (the operator) shall not consume, nor be under the influence of, any intoxicant (including but not limited to alcohol or any other controlled substance not to exclude prescription drugs that may make you drowsy and/or impair your judgement) while operating the pontoon boat equipment and supervising that my guests are obeying said rules herein. I (the operator) also understand that I am responsible for the safety of all persons onboard. I (the operator) understand where all safety equipment is and have no further questions. I. I understand that while pets are allowed, NO animals are to be allowed on the upholstery/ furniture. I further understand that I am directly responsible for any damage to the boat caused by a pet, and that a fee will be assessed in the case that damage occurs. J. My guests and I shall/will not make unreasonable or excessive noise (including but not limited to; screaming, yelling, use of air horns, electric horns, or whistles UNLESS under distress) while operating the pontoon boat equipment. Other boaters including the marine police may assume you are signaling for help or in immediate distress. K. I shall/will return all of the pontoon boat equipment, in good working order and condition, at the end of the rental period. If any equipment has been lost or damaged, I shall inform an EAST PASS OUTFITTERS, LLC employee immediately. I understand that I shall be financially responsible for all lost/damaged equipment cost at current market value. L. I (the operator) shall/will follow all posted speed limits, navigational markers, and restricted zones, including obeying the NO WAKE ZONES and rules of general navigation while on the water. Furthermore, I (the operator) shall stay at least 300 feet away from all other vessels/swimmers while under way. My guests nor I shall attempt to board another vessel from the pontoon boat. I shall take extreme care not to allow the pontoon boat to collide with or damage other vessels or fixed structures that may be docked/stationed in the marina or in operation on navigable waters. M. My guests and I shall/will not throw trash or litter from the pontoon boat, into the water or otherwise, and acknowledges that they may be operating in environmentally sensitive areas. All trash or litter must be secured in provided trash cans to keep it from accidentally falling into the water. N. I shall/will not allow anyone other than myself and/or guests to use the pontoon boat equipment. ONLY myself (the operator) is authorized to pilot/drive/operate/navigate the pontoon boat. O. I shall/will NOT maneuver the pontoon boat into the Gulf of Mexico at any time or for any reason! Pontoon boats are NOT built to handle the stresses and the waves the turbulent Gulf waters enact on the hull. I understand I may NOT navigate into the East Pass waters past the entrance to Destin Harbor (this is effectively the no wake signs on the opposite side of Crab Island). I understand the water may look seemingly calm, however the standing waves the current creates, in addition to the wakes of large, fast moving vessels create an EXTREMELY dangerous environment for pontoon boats. **ALL BOATS ARE EQUIPPED WITH GPS TRACKING DEVICES; FEES WILL BE ASSESSED IF THESE GUIDELINES ARE NOT FOLLOWED** PHYSICAL DAMAGES By my signature below, I authorize that I have read and fully understand the attached Waiver and Release of Liability, and furthermore agree to pay for any and all repair costs and other physical damages that may occur to the watercraft during my rental or operation or other use, from any cause whatsoever, whether deliberate or unintentional as specifically set forth in exhibits “A” and “B”. I also acknowledge that in the event that an accident occurs with another vessel on the water, I will stay with both vessels and call local law enforcement. I understand this is state law, and that failure to comply will result in legal action. EXHIBIT “A” I hereby voluntarily and of my own volition give EAST PASS OUTFITTERS, LLC the right to immediately charge my credit card up to the pre-determined value in the event there is any damage, accident or incident of any kind regarding the rented watercraft during the rental period. This includes damages done to the rental watercraft, motor, or equipment as a result of beaching, running aground, reckless operation, negligence, equipment loss, or violation of the rules. I understand that EAST PASS OUTFITTERS, LLC will conduct an estimate for repairs by a reputable licensed repair company of their sole choosing and provide me with a copy for review. I further covenant and agree not to challenge the charge on my credit card with the bank or financial institution issuing my card. I recognize that EAST PASS OUTFITTERS, LLC has a good faith basis for requiring this provision as it is the only way to protect them from me canceling my credit card or challenging the charges in the event of damages to the watercraft. All damages deemed extreme by EAST PASS OUTFITTERS, LLC are subject to investigation by the Okaloosa County Sheriff’s Department. EXHIBIT “B” In the event the credit card declines, I agree to reimburse EAST PASS OUTFITTERS, LLC immediately for any and all accidental and/or intentional damages incurred while watercraft is in my possession, including all accessories provided aboard the vessel. I agree to make EAST PASS OUTFITTERS, LLC whole again for any losses they incurred. I also agree to pay for collection costs and cooperate with EAST PASS OUTFITTERS, LLC affiliates, not to exclude their insurance providers/underwriters and/or investigators of all capacity. CANCELLATION POLICY Cancellations may be made up to 72 (seventy-two) hours prior to the scheduled boat departure time without penalty. I agree Cancellations within 72 (seventy-two) hours of scheduled departure time will be charged the full price (100%) of the agreed upon price. I agree Cancellations due to “NO SHOW” shall be charged 100% of agreed upon rental price on the credit card I provided. EAST PASS OUTFITTERS, LLC reserves the right to cancel any reservation due to inclement weather that would make the rental unsafe, in result a full refund will be given. Decision to cancel due to inclement weather belongs solely to EAST PASS OUTFITTERS, LLC, and not the Renter. In the event that a rental must be called in early due to inclement weather, EAST PASS OUTFITTERS, LLC will prorate the remaining time and issue a partial refund. FIRST AID KIT AND FIRE EXTINGUISHERS First Aid kits, safety equipment, and Fire Extinguishers are provided aboard the vessel in the event of an emergency. I agree to reimburse EAST PASS OUTFITTERS, LLC for, or replace any First Aid equipment or Safety Equipment used or damaged in the event of an emergency. SCHEDULING TIMES AND PUNCTUALITY I agree to arrive at the designated location 30 minutes prior to my scheduled departure time to complete all paperwork, and participate in my hands on safety training and orientation. If I arrive late, the orientation time allotted will be deducted from my scheduled rental time and I agree charges will not be compensated nor adjusted for my tardiness. I also agree If I return the pontoon boat later than the scheduled return time, I will be charged at the rate of $100 per hour additional, unless arrangements have been made prior. Furthermore, I agree that the additional hours are not prorated. 15 minutes late = 1 (one) billable hour! I agree and understand my punctuality is paramount to prevent additional charges. CAPTAIN / CREW I acknowledge that should I decide to hire a captain for the charter/rental period, I am doing so of my own volition and warrant that EAST PASS OUTFITTERS, LLC has no say in the selection or payment of said captain. In accordance with USCG code, I (the Bareboat Charterer/Renter) certify I am given a choice in hiring a captain/crew from a list, or alternatively using an independent charter/crew broker to hire a captain/crew. I also acknowledge that as the Bareboat Charterer/Renter, I maintain the ability to terminate the captain or crew at any time, with or without cause.
EAST PASS OUTFITTERS, LLC (DBA East Pass Pontoons) LIABILITY WAIVER DISCLAIMER This form is a Waiver, also known as a Release of Liability and Assumption of Risk Agreement (hereinafter the “Liability Agreement”) is applicable to all renters, operators, passengers, and any other users of pontoon boats and boating equipment, not to exclude all accessories provided (hereinafter collectively the “Watercraft”) provided by EAST PASS OUTFITTERS, LLC, a Florida Limited Liability Corporation (hereinafter “EAST PASS OUTFITTERS”) as well as any other affiliated entities or individuals thereunder. For purposes of this Rental Agreement, the term “EAST PASS OUTFITTERS” shall include all member/s, manager/s, officer/s, employee/s, agent/s, representative/s, assign/s, successor/ s, insurer/s and subsidiaries of EAST PASS OUTFITTERS. The undersigned Renter agrees that they are also signing this Rental Agreement on behalf of any minor children for whom they are the parent, guardian, or whom they are otherwise responsible for the care, custody or control. Renter agrees that they will disclose to EAST PASS OUTFITTERS all potential renters, operators, passengers and users of the Watercraft. Renter further agrees that in the event they fail to notify EAST PASS OUTFITTERS of all potential renters, operators, passengers or users of such Watercraft, they will be personally liable for any injuries or damages to the undisclosed individuals, even if such damages arise out of the gross negligence of EAST PASS OUTFITTERS. EXPRESS ASSUMPTION OF RISK The Renter acknowledges that the rental, operation or use of a watercraft has inherent risks that may lead to bodily injury, death, drowning and/or property loss not to exclude damage. They further understand that they are not bound or required to participate in any of the activities relating to the rental, operation and use of the watercraft, but that they have willingly and voluntarily decided to participate in such activities. They realize that they are free to refuse to participate in any or all activities relating to the rental, operation and use of the watercraft including those activities they feel uncomfortable with or which they determine cannot be completed safely. The Renter knowingly and voluntarily assumes all risk of injury, illness, damage or loss, both known and unknown, associated with the rental, operation or use of the watercraft or associated rental equipment, even if arising from the negligence or omission of EAST PASS OUTFITTERS, and assume full responsibility for my participation in the rental, operation and use of the watercraft. RELEASE / COVENANT NOT TO SUE The Renter hereby releases and holds harmless EAST PASS OUTFITTERS from all liability, claims, demands, lawsuits, arbitration/s or causes of action for any injury, illness, disability, death, or loss or damage to any person or property sustained by them, and/or any minor children for whom they are a parent, legal guardian, or whom they are otherwise responsible, whether caused by the negligence of EAST PASS OUTFITTERS or otherwise. This includes any injury, illness, disability, death, or loss or damage to person or property sustained as a result of a hidden, latent or obvious defect on the watercraft or any of the rental equipment used, or any failure on the part of EAST PASS OUTFITTERS to properly instruct, supervise or train me on the operation of the watercraft. As part of the consideration for using the watercraft, the Renter promises not to file a lawsuit or other proceeding or make a claim against EAST PASS OUTFITTERS for any death, illness, injuries, or damage or loss to persons or property suffered as a result of my participation in the rental, operation and usage of the watercraft. It is the intent of this rental agreement to fully and completely release EAST PASS OUTFITTERS from any and all lawsuits, proceedings or claims of any type whatsoever. INDEMNITY / LIABILITY TO THIRD PARTIES The Renter expressly agrees that EAST PASS OUTFITTERS shall not be liable for any loss or damage to any personal property left, stored or transported by me in or upon the Watercraft. WARNINGS WARNING: There are significant elements of risk in any adventure sport or activity on the water or associated with the use or presence of water craft, including but not limited to pontoon boats and their related equipment. These risks are inherent in boating and may be present even if the pontoon boat equipment is used properly and even in still water. The Renter understands and acknowledges that the operation of the pontoon boat equipment involve risks such as, but not limited to, the following: (a) changing water flow, conditions or currents;
(b) collision with other participants, any portion of the interior of the craft, other watercraft, man made or natural objects, including overhanging, submerged and/or semi-submerged trees, branches, rocks and boulders;
(c) cold weather and heat related injuries and illnesses including hypothermia, frostbite, heat exhaustion, sun stroke, and dehydration;
(d) inclement weather, variances and extremes of wind, weather and temperature, the presence of insects and animals;
(e) sense of balance, physical coordination, ability to swim, and/or ability to follow directions;
(f) loss of control of the craft, collision, capsizing, and sinking of the craft which can result in wetness, injury, exposure to the elements, hypothermia and drowning;
(g) injury while getting in and out of the craft;
(h) travel, including hiking, portaging and travel to and from the related and unrelated activities;
(i) the presence of wild animals, including marine life forms;
(j) unavailability of emergency aid services and emergency medical care. The listing of these risks is not intended, and shall not be construed as, all of the possible risks associated with the use of the pontoon boat equipment. Assumption of Risk Based upon the warnings above and Renter’s acknowledgement of the inherent risks of using and operating a pontoon boat and the pontoon boat equipment, and that some or all of those risks may be unavoidable even with reasonable care in the use and operation of the pontoon boat and pontoon boat’s equipment. By executing this agreement Renter expressly assumes all risks that arise from the use and operation of the pontoon boat or pontoon boat equipment, including the risk of property damage, bodily injury and possibly death, including the acts of others, the unavailability of emergency care and any other foreseeable or unforeseeable factors and/or circumstances related to the use of the pontoon boat and pontoon boat equipment. Waiver and Release of Liability The undersigned Renter, based upon the warnings and understanding of risks, and predicated in part upon the acknowledgements and assumption of risks described above, does hereby waive, release and discharge EAST PASS OUTFITTERS, its officers, agents, employees, successors, affiliates and assigns, not to exclude any and all claims or liability arising from the use or operation of the pontoon boat and/or the pontoon boat equipment, or use of the EAST PASS OUTFITTERS property, facilities, services or activities organized or sponsored by EAST PASS OUTFITTERS, LLC and agrees that it shall not sue them on account or in connection with any claims, causes of action, injuries, damage, cost of expenses arising therefrom, whether arising from the negligence or strict liability, and regardless of the participation of an other third party in the causation of any such injuries, damages, or liability, but excluding claims which arise from gross negligence or willful misconduct on the part of EAST PASS OUTFITTERS, LLC. Renter acknowledges that this waiver and release includes the waiver of future, unknown claims. Indemnity The undersigned Renter agrees to indemnify and defend, EAST PASS OUTFITTERS from any and all claims made by or for the Renter, or any other third party, arising out of the use or operation of the pontoon boat or pontoon boat equipment and that Renter shall hold EAST PASS OUTFITTERS, LLC and its officers, employees and agents (each, an “Indemnitee”) and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the undersigned Renters use or operation of the pontoon boat and pontoon boat equipment, which include but are not limited to damages to or destruction of any property of an Indemnitee, of any others, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of an Indemnitee, the undersigned or anyone else; provided, however, the foregoing indemnity shall not apply to claims related solely to the gross negligence or willful misconduct of EAST PASS OUTFITTERS, LLC. The undersigned agrees to pay for any or all damages to any property of Indemnitee caused by the undersigned either negligently, willfully, or otherwise.
IN WHEREOF, the undersigned Renter has read, understands and agrees to be legally bound to this Agreement effectively Waiving their rights and Releasing of Liability to EAST PASS OUTFITTERS, FURTHER realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities, does so freely and voluntarily, and does so for himself or herself and his or her heirs, not to exclude the guests they personally allow aboard said vessel, assigns and legal representatives.
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