RENTAL AGREEMENT

When purchasing a service at Aquaboatrentals.com you agree to all terms set forth in this Agreement and Release Form and I authorize and allow Aqua Boat Rentals to charge the credit card provided for all fees including but not limited to and and all rental fees, damages, loss, late fees, cleaning fees and fuel costs incurred

 

All renters born after January 1, 1988 are required to show proof of having a Boater Safety Card before you will be allowed to rent.

 

**It is the responsibility of the Lessee/Operator of the rental boat to heed all weather advisories and small craft warnings while the rental boat is in his/her possession., to keep him/her self and family safe. No refunds will be issued in regard to inclement weather, winds, non-use, or Lessee/Operator relinquishing the boat early before the end of the rental agreement period. Aqua Boat Rentals reserves the right to cancel this rental agreement due to impending tropical storms, hurricanes, or FEMA announced evacuations affecting the Florida Keys area. In this circumstance, the rental agreement will be prorated for any time the boat was in the Lessee/Operator’s possession. I acknowledge that I have read, understand, and agree with any and all terms and conditions set forth in this Rental Agreement.

 

*All rental require a secure deposit paid which will be refunded when the boat or equipment is verified to be damage free.

*Renters pay all fuel costs which will be determined upon return of the boat or equipment.

*Full day rentals are from 9am to 5pm. Multi-day rentals rentals must be returned at 5pm on the final day of the rental.

 

*LESSEE/RENTER acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of the other craft operators and persons. It is AGREED AND UNDESTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft/equipment. LESSEE FURTHER AGREES to indemnify and save and hold harmless LESSOR from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft/equipment. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE’s personal property while carried in, or on, the rental craft/equipment, including loss or damage caused by fire, water, theft or any other cause whatsoever.

 

*LESSEE/RENTER expressly agrees to indemnify and save and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by LESSOR, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property and/or enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder or this contract (agreement) and any addendum shall be governed by and construed in accordance with the laws of the Sate of Florida in the county of the LESSOR.

 

*The LESSEE acknowledges he/she has carefully examined the craft and finds it suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both craft and equipment in a safe, dependable condition while in his/her custody. All rental craft and equipment may be subject to an inspection by the LESSOR during the rental period. LESSOR reserves the right to refuse service to anyone.

 

*INHERENT DANGER: The LESSEE understands and agrees that crafts and their operation is an inherently dangerous activity. The LESSEE certifies that he/she understands the rules and regulations for the safe operation of crafts. The LESSEE further agrees not to let anyone else operate the craft/equipment without likewise instruction on the rules and regulations for the safe operation of a craft.

 

*MINIMUM AGE: The LESSEE shall provide photo identification that he/she is at least 25 years of age.

 

*HEALTH OF LESSEE: The LESSEE certifies that he/she is in good health, has no physical defects that may be of danger to themselves or anyone else, and that he/she is capable of safe operation of this craft. The LESSEE certifies that he/she is NOT under the influence of alcohol or drugs (legal or otherwise and will remain so during the rental period.

 

*CARE AND OPERATION: The LESSEE agrees to operate this craft only in a careful and proper manner, and to obey and comply with all laws and regulations for craft/equipment operation.

 

*WARRANTY: The LESSOR makes no warranties, express or implied, as to the craft/equipment rented. The LESSEE assumes the responsibility for the condition of the craft. In the event of a malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft that LESSEE will immediately report same to LESSOR. Continued use of it shall be entirely at the LESSEE’s risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use. LESSOR’s ability to provide a rental craft, if reserved, is contingent up and subject to the return of the unit by the previous LESSEE or any other cause beyond the LESSOR’s control. The LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated based upon time used.

 

*The rules and regulations contained herein and as posted in the office, on the craft/equipment, and/or by the grounds of the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she as read and understands said rules and regulations and further assumes the responsibility to see that his/her family and/or guests will obey the rules.

 

*LIABILITY AND INDEMITY: The LESSEE hereby agrees to bind him/her self, the heirs, personal representatives and assigns and hereby release and discharge its owners, employees, agents and assigns from any and all claims, loss, costs, damages, expenses, actions, judgments and attorney fees, which the LESSEE or the LESSEE’s heirs, personal representatives or assigns may have, or claim to have, Aqua Boat Rentals LLC, its owners, employees, agents and assigns including any claims for negligence created by or arising from the use, operation, handling, or transportation of the craft by the LESSEE or anyone else during the LESSEE’s rental period. Further, the LESSEE hereby agrees to defend, indemnify and hold harmless, Aqua Boat Rentals LLC, its owners, employees, agents and assigns from all claims, damages, costs, losses, expenses, actions and judgments, which are created by or arise out of the LESSEE’s operation of the craft during the rental period. The LESSEE agrees to pay all claims brought by third parties resulting from the operation and/or use of this craft during the rental period.

 

*Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and enforceability of the remainder shall not be affected and will remain in full force and effect.

 

*THE TERMS AND CONDITONS OF THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THE RENTAL AGREEMENT.

 

*RISK OF LOSS OR DAMAGE: The LESSEE assumes all risks of loss or damage to the craft from any cause, and agrees to return the craft in the condition received from the LESSOR. The LESSEE agrees to return this craft on or before expiration of the rental period in the condition it is in now. If the craft is damaged or lost, the LESSOR shall have the option of requiring the LESSEE to repair the equipment to a state of good working order, or replace the craft with a like craft in good repair.

 

*LESSEE agrees not to use, nor permit the use of the rental craft:

– for any unlawful purpose

– in a careless, negligent or unsafe manner

– while under the use of alcohol, liquor, and/or narcotics/drugs

– to carry passengers or property for hire

– to carry passengers in excess of the rated capacity of the boat

– to tow or propel any other boat or thing without the LESSOR’s written permission

– outside the area of use designated as the waters 15 miles from the shore on the Atlantic side and the 15 miles from the shore in the Florida Bay, also operation is strictly forbidden in the Delta Shoals or Islamorada Sand Bars

– after sunset and before sunrise

– by any other person not the signatory of this agreement, or not equally qualified.

 

I certify that I am an experienced operator of outboard motors and boats. I have familiarized myself with a nautical chart of the area in which the craft/equipment will be used.

 

I have never been cited for unsafe boat operation, nor have I had an accident on the water.

 

Navigational Limitations: I will not remove any equipment from Monroe County, Florida, and I agree to restrict the operation of the craft rented to the following area: The waters 15 miles from the shore on the Atlantic side and 15 miles from the shore on the Florida Bay side. Operation of the rental craft is strictly forbidden in the Delta Shoals and Islamorada Sand Bar areas.

 

Overloading boat, water skiing, towing, operating the boat while impaired, possession of contraband, illegal activities and/or Night operation of the rental craft is strictly forbidden, upon violation of these terms LESSEE will lose possession of the boat & agrees to pay for the full term of the rental agreement plus any additional charges.

 

A security deposit of $500.00 has been charged to your credit card. Cash paying customers must also have a valid credit card for the security deposit. Security deposits will be refunded within 7 days of the final rental date less all fees including but not limited to and and all lost items, damages, and or fuel/oil costs incurred.

 

All cancellations must be made at least 48 hours prior to your trip’s scheduled departure time or scheduled rental time. To request a cancellation, please call 1-305-771-1914. Failure to request a cancellation within such time will result in 1 day rental charge.

 

Florida Statute 327.54: “When the livery has complied with subsections (1), (2), and (3) its liability ceases and a person leasing the boat from the livery is liable for any violations of this chapter and is personally liable for any accident or injury occurring while in charge of such boat.” I have read Florida Statutue 327.54. I understand and agree to the charges as invoiced and to the Terms and conditions of this rental agreement.

 

Failure to return rental property, craft, or equipment upon expiration of the rental agreement/period and failure to pay all amounts due (including costs for damage to property, craft or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155 Florida Statutes. I have read and understand this statement.

 

***Stop the boat- before proceeding under any low bridges. Lower the antennas and outriggers, as serious damage to the boat will result. Lessee is responsible for all damages to the boat.

 

I am responsible for all citations incurred during the rental period and operation of the rental craft.

 

I am aware of “no wake” & “idle speed” rules, as well as the safe operating speeds for the craft/equipment with regard to conditions when underway & that responsibility for damage to this craft/boat, other crafts/boats, & persons is my sole responsibility.

 

I acknowledge receipt of the craft, motor, & equipment and will return the same by 5:00PM on the final day of the rental period. If returned late, damaged, dirty, and/or lost items, Lessee agrees on demand to pay Aqua Boat Rentals additional charges as listed: Late Fee $50/hour, Cleaning Fee $150, Boat equipment as listed at Retail Cost.

 

I acknowledge that I have read, understand and agree with any and all items and/or conditions as set forth in this Rental Agreement.

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