Boat Rental Contract
Boat Rental Contract
HOMOSASSA SPRINGS MARINA (LESSOR)
10806 W HALLS RIVER RD HOMOSASSA FLORIDA 34448
Name: ____________________________________ (LESSEE) Date: ______________
Address: _______________________________City: ________________State: _______
Zip Code: __________
Cell Phone: ________________ E-Mail______________________________
Drivers License #: _______________________ State: _____
Boat Size:__________________ Boat FL # __________________________
Number of Passengers: ADULTS_______________ Children (under 18) _______________
Departure Time: _________________ Promised return Time________________
**ALL RENTERS MUST BE AT LEAST 21 YEARS OF AGE AND PROVIDE PROOF OF AGE**
Maximum Capacities (either # people or total poundage)
20 Foot boat either 6 people or 1,500 pounds
22 Foot boat either 10 people or 1,800 pounds
24 Foot boat either 12 people or 2,000 pounds
Full Day 8:00 AM – 4:30 PM Half Day 8:00 AM – 12:00 PM or 12:30 PM – 4:30 PM
NO Refunds For Early Returns
__Anchor __Throwable cushion __Ladder __Dock Line
__Life Vests __Fire Extinguisher __ Flares __Dive Flag
EXISTING DAMAGE TO VESSEL OR PROP: (DRAW OR DESCRIBE)
LESSEE TO READ ALL PAGES OF THIS AGREEMENT BEFORE SIGNING
In consideration of the Agreement herein, Homosassa Springs Marina (LESSOR) does lease to the undersigned (hereinafter referred to as LESSEE) the craft and equipment described herein. LESSEE agrees to abide by the capacity rating of the vessel and not to overload it with passengers or gear whose weight exceeds the capacity rating. LESSEE agrees to assume responsibility for the safety and welfare of all crew and passengers aboard the vessel as well as for the safety of the vessel itself and to recompense LESSOR for any damages to the vessel or its equipment during the lease period. Lessee agrees to return the vessel at or before the specified time and agrees to pay overtime late fees at the rate of $40 for every 15 minutes late.
WAIVER AND RELEASE OF LIABILITY AGREEMENT – FLORIDA DISCLAIMER –
This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by Homosassa Springs Marina *(For purposes of this Waiver and Release, the term “Homosassa Springs Marina” includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Homosassa Springs Marina). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Homosassa Springs Marina from any and all liability of any nature for any and all injury or damage arising from personal injuries sustained by the undersigned or any 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 provided by Homosassa Springs Marina regardless of the cause.
The undersigned assumes full responsibility for any such injuries or damages, which may occur, and further agrees that Homosassa Springs Marina shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Homosassa Springs Marina shall not be responsible for such injuries, damages, loss or theft. EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Homosassa Springs Marina, 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 Homosassa Springs Marina.
ACKNOWLEDGEMENT OF RISKS – The undersigned hereby acknowledges there are risks of participating in watersport activities that may lead to: injury, illness, death or destruction of property.
EXPRESS ASSUMPTION OF RISK- The undersign herby agrees that he/she is renting, operating or using the equipment provided by Homosassa Springs Marina 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. The undersigned assumes full responsibility for the risks of personal injury, accidents, illness or damages and any resultant expenses regardless of the cause, even if the risks arise out of the negligence or fault of Homosassa Springs Marina.
Lesee certifies he/she has examined the vessel and equipment and finds it acceptable and suitable for the purpose for which it is leased. Lessee herein states that he/she is physically and legally qualified to operate the vessel. Lessee will operate the vessel in accordance with all safety rules and regulations put in force by the United States Coast Guard, Florida Wildlife Conservation Commission and/or Lessor. Lessee certifies he/she understands all rules and regulations. Lessee will not use or permit the use or operation of the vessel or its equipment for any unlawful purposes, in a careless or negligent manner, while under the influence or alcohol or narcotics or by any unqualified entity. Lessee will not use the vessel for commercial purposes, will not use the vessel for towing or for racing
A major credit card authorization (VISA MasterCard) or CASH in the amount of five hundred dollars ($500.00) shall be retained by the LESSOR as partial 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.
Lessee agrees to report any accident, malfunction or breakdown of the vessel or its equipment to Lessor immediately. Continued use of the vessel or its equipment shall be entirely at Lessee’s risk and thus Lessee assumes all liabilities of injuries and damages to all persons and property that may become involved by continued use of the vessel.
Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel and for the safety and welfare of other boaters and persons his/her use of the vessel may affect. It is agreed and understood by Lessee that Lessor shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the vessel or its equipment. Lessee further agrees to indemnify and hold harmless Lesssor from and against all claims for loss of or damage to property or persons (including death) resulting from the use, operation or possession of the vessel. Lessee further agrees to hold Lessor harmless should loss or damages occur to any of Lessee’s personal property while carried in or on the vessel including damages caused by fire, water, theft or any other cause whatsoever.
Lessee expressly agrees to indemnify 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 this agreement by Lessor, including expenses incurred in collection or attempting to collect delinquent rent or damages and in the event of suit by Lessor to recover possession of said rented property and or to enforce any of the terms, conditions or provisions herein. It is understood and agreed that the venue of any action hereunder shall be in Citrus County, Florida. The Agreement shall be governed by the laws of Florida.
Lessor’s ability to provide the vessel is contingent upon and subject to the return of the vessel by the previous lessee in a safe and operable condition as well as other causes which may be beyond Lessor’s control. Lessor will not be held liable if a reserved boat is not available during the lease period as a result of the above conditions.
Lessor reserves the right to cancel this agreement if in Lessor’s sole opinion hazardous conditions exist. Lessee is also responsible for avoiding hazardous conditions and placing his/her passengers and crew at risk. Lessee’s should not leave the dock if hazardous weather conditions are expected.
The Rules and regulations contained herein and posted in the office, on the vessel and/or the grounds by the Lessor are for the safety and welfare of all who use the facilities and equipment. The Lessee certifies that he/she has read and understands said rules and regulations and further assumes the responsibility to ensure that his family, crew and guests will obey said rules and regulations.
Should any term or condition of this agreement be held void or unenforceable, then that term shall be deemed severed from this agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect. These terms represent the entire understanding between Lessee and Lessor and no other representation or inducement (either verbal or written) has been made which is not included in this agreement except that lessee expressly represents and warrants to have read and understood all rate information posted in Lessor’s office.