Luxury Boat Rental Terms and Conditions
LUXURY BOAT RENTAL CONTRACT
Credit Card information will be retained until the rental boat is checked in and reviewed for damage.
Security Deposit has been explained to the customer. INITIAL: _________
Date Rented: ___________ Number of People: Adults: _______ Kids: ______ Rental Fee: ____________
Fuel Used: ________ Price per gallon to refuel boat: _________
Lessee to read all pages of this agreement and initial each clause before signing this document.
In consideration of the agreement herein, Constant Motion Inc. dba Wax Marina (herein after referred to as the LESSOR) agrees to lease to the undersigned (herein after referred to as the LESSEE) the craft and equipment described herein. In the event the craft is not returned at the time specified herein. Said LESSEE agrees to pay for OVERTIME at a rate of $100.00 per each half-hour. INITIAL: _________
THE LESSEE CERTIFIES THAT HE/SHE HAS EXAMINED THE CRAFT AND EQUIPMENT AND FINDS IT
ACCETABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS. INITIAL: _________
LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY. ANY AUDIBLE ALARM SOUNDS TURN BOAT OFF IMMEDIATELY. INITIAL: _________
This certifies that I (We), the LESSEE(S) am/are experienced and capable in all aspects of the handling and operation of the craft such as the one rented above. LESSEE agrees said craft will not be occupied by a greater number of persons that is shown in this rental agreement. I, the LESSEE(S) am/are aware of the NO WAKE areas and am/are responsible for any damage caused by my wake. INITIAL: _________
I authorize and allow Constant Motion Inc. dba Wax Marina to charge my credit card for any damages or loss of equipment. Boat rental price does not include refueling. Boat must be refueled by Wax Marina.
A major credit card authorization (VISA Mastercard AMEX) shall be retained by the LESSOR as compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing, or broken; or to be applied to the rental charges upon return of craft by LESSEE. INITIAL: _________
LESSEE agrees not to use, nor permit the use:
Of the rental craft for any unlawful purpose
Of the rental craft in a careless or negligent manner;
Of the rental craft while under the influence of alcohol, narcotics, or any other drugs;
By any other person not the signatory of the agreement, or not equally qualified.
Lessee acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY THE LESSEE that the LESSOR shall not be held liable for damages, inconvenience, or time lost caused by accident, breakdown or malfunction of the rental craft.
LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR and its agents, affiliates, and personnel 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. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any LESSEE’S personal property while carried in or on the rental craft, including loss or damage by fire, water, theft, or any other causes whatsoever. INITIAL: _________
LESSEE expressly agrees to indemnify and hold LESSOR and its agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forgoing rental contract by the LESSOR, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit be LESSOR, to recover possession of said rental property and/or to enforce any terms, conditions and/or provisions hereof. It is understood and agreed that Venue and any action hereunder shall be in county of LESSOR. INITIAL: _________
In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft, the LESSEE will immediately report it to LESSOR. Continued use of it shall entirely at the LESSEE’S risk and thus LESSEE assumes all liability or injury and damage to all persons and property that may become involved by its continued use. INITIAL: _________
LESSOR’S ability to provide a rental craft if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond the LESSOR’S control. INITIAL: _________
LESSOR reserves the right to cancel this agreement due to inclement or impending bad weather. Rental fees will be prorated based on time used. Subject to $20.00 cancellation fee. INITIAL: _________
The rules and regulations contained herein and as posted in the office, on the craft and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understands said rules and regulations and further assumes the responsibility that his/her family and or guest(s) will obey the rules. INITIAL: _________
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 the unenforceable, then that term shall be deemed severed from this Agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect.
There is no swim or dive coverage provided. “SWIM AT YOUR OWN RISK” INITIAL: _________
THE TERMS AND CONDITIONS ON BOTH SIDES OF THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT. I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON BOTH SIDES; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.
LESSOR: Constant Motion Inc. dba Wax Marina by: _____________________________ Date: _______________
LESSEE: _____________________________________________________ Date: _______________
(Print Name and Sign)
Jackets, throw cushion, fire extinguisher, and anchor & line are not to be used for any purposes other than in the event of an emergency.
Any equipment misused will have to be paid for in full. We provide safety equipment for pontoon with the exception of infant vests.
Anyone under the age of twelve must wear a life vest at all times.
We do not allow grilling/cooking on the pontoon.
You must be 25 to rent/drive rentals with valid driver’s license.
Sorry no pets allowed on these pontoons.
Any boat returned extremely muddy, dirty, with food bits and trash strewn about will be subject to an additional $50 cleaning charge.
A Credit Card is required to reserve a pontoon.
NO SHOW CHARGES
Rental fee will be paid in full at time of reservation and is not refundable, unless the following weather condition exists: Subject to a $20 cancellation fee.
In the event of bad weather, all day rain, or high winds.
CUSTOMER IS RESPONSIBLE FOR ANY DAMAGE DONE TO EQUIPMENT OR RENTAL CRAFT
Cypress Cay 21 ft. 115 HP 10 Passenger Pontoon
Avalon II 22 ft. 115 HP 10 Passenger Pontoon
Avalon Fun Ship 25 ft. 150 HP 14 Passenger Pontoon
Cascade Fun Ship 25 ft. 200 HP 14 Passenger Pontoon
Constant Motion Inc. dba Wax Marina
WAIVER AND RELEASE OF LIABILITY AGREEMENT
This waiver and release is applicable to all renters, operators, passengers, and users of equipment provided by (for the purposes of this waiver and release the term includes all employees, agents, representatives, servants, assigns, successors, insurers, and subsidiaries of by .) The undersigned agrees that he/she is also signing this release on behalf of undersigned minor children. Renter agrees that he/she will disclose to RENTAL COMPANY all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify RENTAL COMPANY of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of negligence of RENTAL COMPANY.
EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating, or using the equipment provided by Rental Company at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of negligence of the Rental Company.
WAIVER/RELEASE OF LIABILITY
By the execution of this release, the undersigned agrees that Rental Company shall not be liable for any damages arising from personal injuries and/or property loss sustained by the undersigned or any minor children under the undersigned custody, care, and control, as a result of any and all activities related to rental, operation, or use of equipment provided by Rental Company, included but not limited to drowning and other related injuries, collisions with other water craft or stationary objects, physical contact/collisions with the rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees due to equipment failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Rental Company shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Rental Company, shall not be responsible for any such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE BY RENTAL COMPANY, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Rental Company.
LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless Rental Company for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment proved by Rental Company, even if such damages arise out of the negligence of Rental Company. INITIAL: _________
ACKNOWLEDGEMENT OF WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review the Waiver and Release Agreement and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned also understands that he/she has an opportunity to bargain for different waiver of liability terms and voluntarily waives his/her right to do so. By executing this document, the undersigned warrants that he/she is fully aware that he/she is waving any rights he/she may have to bring legal action to assert a claim against Rental Company for Rental Company’s negligence.
The undersigned hereby agrees that in the event any term or any part of any term of this Agreement is determined to be void or unenforceable, such term or part of a term shall be considered separate and severable from this Agreement and the remaining terms shall continue in full force and effect.
******READ RELEASE BEFORE SIGNING******
RENTER/OPERATOR: ______________________________________________ DATE: _____________________
(Print Name and Sign)