Terms and Conditions

Terms and Conditions of this rental agreement:

In consideration of the covenants herein contained, Marco Island Boat Rentals., the
rental company, hereby leases to the undersigned lessee, the Renter (including any
additional renters of the party hereto), upon the covenants, terms and conditions
set forth on this agreement, the boat, hereinafter referred to as “said vessel”

1.The Renter agrees to return the said vessel to Marco Island Boat Rentals by the
time shown in the “time in” space of the rental proposal. Overtime charges are
billed at a rate of $95 per half hour.

2.Navigation of power boats is confined to the inland and Intracoastal waterways
only between Naples Bay and the Jolly Bridge, Marco Island.

3.The renters acknowledge the said vessel is the rightful property of Marco Island
Boat Rentals, further acknowledges that he/she received said vessel in good and
safe mechanical and seaworthy condition. The renter agrees to return said vessel
together with all accessories and accountments to the rental company in the same
condition as he/she received it.

4.Said Vessel is equipped with all USCG required safety equipment (life vests,
buoyant cushion, anchor, fire extinguisher, flares and sound producing device.) loss
or damage to any of the equipment could result in additional charges.

5.The renter agrees to pay Marco Island Boat Rentals. the cost of replacing lost
equipment, and the cost of repairing damages to, and caused by, said vessel
including parts, labor, expenses, of transporting said vessel or other property to and
from the point of repair, regular rental fee covering time said vessel is out of service
as a result of damage, and any collection costs and/ or attorneys fees necessary to
secure reimbursement.

6.It is agreed that neither Marco Island Boat Rentals, or the property owner which
the rental is located, or any of their respective owners, principals, directors, officers,
employees, agents, representatives, servants, assigns, successors, insurers and
subsidiaries (collectively, “Indemnitees”) are not responsible for the death or
injuries sustained by any person including the Renter or persons in their party,
Driver, other vessels or passengers arising out of or resulting from the use and
operation of said vessel, and the Renter agrees to release, indemnify, and hold
harmless the Indemnitees for any loss sustained by the indemnitees whether or not
such death, injuries or property damage are caused by or resulting from the
negligence of the indemnitees and/or the unseaworthiness of said vessel or the use
of said vessel by the Renter.

General Release of Liability
indemnification shall include the reasonable costs and fees (including attorneys
fees) actually incurred by any of the indemnitees. To the extent required by Florida
Statutes for the indemnification of the negligence of an indemnitee, such
indemnification for such negligence shall be limited to Two Million Dollars
($2,000,000.00) per occurrence.

7. The Renter agrees to pay Marco Island Boat Rentals on demand all time, service,
minimum, and other charges applicable to the rental of said vessel at the rates or in
the amounts specified herein.

8. The renter who signs to accept the terms of the Rental Agreement certifies that
he/she is at least 22 years old.

9. The renter agrees that use of said vessel by a number of persons or gross weight
greater than the number specified on the “maximum occupancy” label is prohibited.

10. The Renter agrees not to use the said vessel for water skiing, the pulling of
tubes or other devices or towing of a vessel.

11. The renter agrees to operate the said vessel in a safe and legal manner as
prescribed by all laws and regulations applicable to the area in which said vessel is
operated.

12. The Renter agrees to pay all fines and or fees for tickets issued by the Marine
Police for speeding and/or unsafe usage of said vessel as well as fees associated
with the towing, salvage or rescue of said vessel by secondary parties due to
negligence of the Renter or in the case of Acts of God, Renter agrees to pay 50% of
the towing fees.

13. The Renter agrees to pay all fuel costs associated with operating the vessel. A
fuel surcharge may be agreed to in lieu of the actual fuel bill.

14. All children under the age of 6 must be wearing a life jacket while onboard said
vessel. This is Florida Law.

15. Renter agrees that he/she has read the entire agreement and waiver of liability
below and understands all of the terms and conditions.

 

1. Disclaimer- This Waiver and Release Agreement is applicable to all renters,
operators, passengers, and users of equipment provided by Marco Island Boat
Rentals. (For purposes of this Waiver and Release, the term Rental Company
includes all principals, directors, officers, employees, agents, representatives,
servants, assigns, successors, insurers and subsidiaries of Marco Island Boat
Rentals. The property owner upon which the boats use or operate out of or during
the use of the rental. If any other rental agreement is supplemented with this
release, the provisions of the Release will prevail over any clauses in the rental
agreements that are inconsistent with this release. The undersigned agrees that
he/she is also signing this Release on behalf of kim undersigned minor children or
any minor children under the undersigned’s custody, care, and control. Renter
agrees that he/she will disclose to Rental Company of all potential operators,
passengers, or users of said equipment, he/she will be liable for any damages to the
undisclosed individuals, even if such damage arising out of the negligence or fault
of Rental Company.
2. Acknowledgment of RISKS- The undersigned hereby acknowledges that some, but
not all of the risks of participating in water sports activities include:

1) Changing
water flow, tides, currents, wave action and ships wakes;

2. Collisions with any of
the following: Other participants, the watercraft, other watercraft, the manmade or
natural objects;

3) Collision, capsizing, sinking or other hazards which results in
wetness, injury, exposure to the elements, hypothermia, drowning and or death.

4)
Attack by or encounter with insects and marine life forms, including, but not limited
to, sharks and or stingrays

5) Equipment failure or operator error

6) Loss of sense of balance, physical coordination,
General Release of Liability
ability to operate equipment, swim and/or follow directions;

7) Wind, inclement weather, lighting, variances and extremes of wind, weather, and temperatures;

9) Heat and Sun related injuries or illnesses, including sunburn, sunstroke, or
dehydration. Further, the undersigned understands that the description of these
risks is not complete and that unknown or unanticipated risks may result in injury,
illness or death.

 

3. 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. The
undersigned assumes full responsibility for the risks of personal injury, accidents or
illness, including but not limited to sprains, torn muscles and/or ligaments; fractured
or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or
concussions; head, neck and or spinal injuries; animal or insect bite or attack;
shock, paralysis, drowning, and or death and any resultant expenses from any of
the foregoing risks and assumes all risk of injury, illness, damage or loss that might
result, regardless of the cause, even if the risks arising out of the negligence or fault
of Marco Island Boat Rentals (Rental Company).

4. Waiver/Release of Liability- By the execution of this release, the undersigned
voluntarily releases, forever discharges and agrees to indemnify and hold harmless
Rental Company 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 rental
company regardless of the cause. The undersigned assumes full responsibility for
any such injuries or damages which may occur, and further agrees that the 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
such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT
BY THE RENTAL COMPANY (Marco Island Boat Rentals), 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.
Such indemnification shall include the reasonable costs and fees (including
attorneys fees) actually incurred by any of the Indemnitees. To the extent required
by Florida Statutes for the indemnification of the negligence of an Indemnitee, such
indemnification for such negligence shall be limited to Two Million Dollars
($2,000,000.00) per occurrence.

5. Liability to Third Parties – The undersigned hereby agrees that he/she will
indemnify and hold harmless Rental Company for all personal injuries, property
damage 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 custody, care and control, as a result of any and all activities related to
the rental, operation or use of equipment provided by Rental Company, even if such
damages arise out of the negligence or fault or rental company.

6. Acknowledgment of Waiver and Release- The undersigned states that he/she has
had sufficient time to review the Waiver and Release and to ask any questions
associated with the said release and to seek counsel if desired. The undersigned
states that he/she has carefully read the foregoing Waiver and release, knows the
contents thereof, and has signed the Release as his/her own free act with no
external forces or duress. The undersigned further states and affirms that he/she is
of sound mind and desires to knowingly and voluntarily execute this Waiver and
Release, and shall refrain fromconsuming any impairing beverages, medication or other substances (whether legal
or not) or permitting others from doing the same while on Rental Companys
property. The undersigned warrants that he/she is aware the he/she may rent,
operate, or use equipment from another rental facility, but has chosen to rent,
operate or use equipment from Marco Island Boat Rentals with the knowledge that
signing this Release is a requirement for rental, operation, and use of said
equipment. The undersigned further warrants that he/she is fully aware that he/she
is waiving any right he/she may have to bring a legal action to assert a claim
against Rental Company for rental company’s negligence.
Operation of Rental Boat.
Renter will not allow other persons to operate the watercraft unless they have been
confirmed by Marco Island Boat Rentals. Renter will only operate the vessel inland
water and inside the navigation channels as indicated by Green and Red navigation
markers.
It is understood that this Release contains the entire agreement between the
parties; and that the terms of this agreement are contractual and not merely a
recital. This Release may not be
altered, amended or modified, except by a written document signed by both
parties. Furthermore, this Release shall be binding upon the undersigned, and his
respective heirs, executors, administrators, personal representatives, successors,
and assigns. This Release shall be subject to and governed by the laws of the State
of Florida. This Release has been carefully read and fully understood by the
undersigned. The terms have been explained to me and I am freely, knowingly and
voluntarily entering into this Release. Renter hereby authorizes Rental Company to
charge renters credit card for all agreed to amounts prior and post rental. In the
event of damages and or claims from rental company arising from Renters use,
including any damages to boat or other property or other costs incurred from
Renters use, Renter hereby authorizes Rental company to charge his/her credit card
any and all amounts owed in accordance to his/her cardholders agreement with
issuing provider. Should Marco Island Boat Rentals have to enforce or collect on
unpaid amounts in accordance with this agreement, renter shall
be liable for Marco Island Boat Rentals legal fees at the rate of $500 per hour.
Renter Acknowledges that the sending and receiving of emails, or invoices, Adobe
Sign or similar, which contain this document, are to be construed as direct evidence
that the Renter agrees to the terms of this agreement and all members of renters
party, regardless of whether it has been signed in person, electronically or not
signed or initialed by Renter or anyone in Renters party. The primary Renter has
made clear the terms of the rental above to everyone in his/her party and they are a
part of the Rental agreement here.