Rental agreement
Terms and Conditions
Effective September 5, 2026
These terms apply to every renter, authorized operator, passenger, and user of a vessel or equipment supplied by Marco Island Boat Rentals. The person completing the reservation accepts these terms for themselves and agrees to explain them to every member of their party.
1. Rental eligibility and vessel return
The primary renter must be at least 21 years old. Every operator must be approved by Marco Island Boat Rentals and satisfy applicable Florida boating-safety requirements. The vessel must be returned by the agreed return time and in the same condition in which it was received, ordinary wear excepted. Late returns may result in additional charges disclosed before departure.
2. Safe and lawful operation
The renter will operate the vessel carefully, lawfully, within marked navigational channels, and only in areas authorized during the pre-departure orientation. The vessel may not be used for towing, water skiing, pulling tubes or similar devices. Occupancy and weight limits must not be exceeded. No operator may use the vessel while impaired by alcohol, medication, drugs, or any other substance.
3. Equipment, damage, fines, towing, and rescue
The renter acknowledges receiving the vessel and required safety equipment in good working order. The renter is responsible for loss of equipment and for damage caused by the renter, an operator, or a member of the renter’s party. Recoverable costs may include parts, labor, transport to and from repair, loss of use, collection expenses, towing, salvage, rescue, and fines arising from unlawful or negligent operation, to the extent permitted by law.
4. Children and safety equipment
Children must wear life jackets whenever required by Florida law. The renter is responsible for ensuring that every passenger follows all safety instructions and uses the supplied safety equipment appropriately.
5. Acknowledgment and assumption of risk
Boating involves inherent and unpredictable risks, including changing tides and currents, waves and wakes, collisions, capsizing, sinking, equipment failure, operator error, changing weather, lightning, heat, sun exposure, dehydration, encounters with wildlife, drowning, serious injury, and death. The renter knowingly and voluntarily assumes the risks associated with boarding, operating, riding in, and using the vessel, including risks that are not specifically listed here.
6. Release and waiver of liability
To the fullest extent permitted by Florida law, the renter releases Marco Island Boat Rentals and its owners, officers, employees, agents, representatives, insurers, successors, and the owners or operators of property used for the rental from claims arising from the rental or use of the vessel, including claims involving ordinary negligence. This release does not apply where a waiver is prohibited by law and does not release gross negligence or intentional misconduct.
7. Indemnification and third-party claims
To the fullest extent permitted by law, the renter agrees to defend, indemnify, and hold the released parties harmless from claims, losses, liabilities, damages, and reasonable legal costs arising from the acts or omissions of the renter, an authorized operator, or anyone in the renter’s party, including claims involving injury to passengers, minors, other boaters, or damage to third-party property.
8. Personal property
Marco Island Boat Rentals is not responsible for loss, theft, or damage to personal property brought aboard or left on the vessel, dock, or rental property, except where responsibility cannot legally be waived.
9. Payment, cancellation, and included services
Full payment is required to confirm a reservation. The advertised rental package includes the stated gas, insurance, and cleaning package. A captain is required for every rental. The captain charge and applicable sales tax are shown during checkout. Cancellations made at least 72 hours before departure receive a full refund; cancellations made 24–72 hours before departure receive a 50% refund; cancellations made less than 24 hours before departure are nonrefundable. If Marco Island Boat Rentals determines conditions are unsafe, the rental will be rescheduled or refunded.
10. Agreement, electronic acceptance, and Florida law
Checking the acceptance box and continuing to Square constitutes the renter’s electronic acceptance of these terms. The renter confirms that they had an opportunity to read the agreement, ask questions, and seek advice before accepting it. These terms are governed by Florida law. If any provision is unenforceable, the remaining provisions will continue in effect.