EXTREMELY IMPORTANT REGARDING YOUR SCHEDULED TUTORIAL TIME: (in Accordance with FS 327.54) YOUR CAPTAIN MUST ARRIVE 45 Minutes prior to boat rental start time. At a minimum, your captain is required to arrive on time (45 minutes prior) to complete necessary paperwork in accordance with Florida Statue 327.54. Your required pre-rental instructions will be completed by one of our representatives who has successfully completed a NASBLA approved (National Association of State Boating Law Administrators and the Florida Fish & Wildlife Conservation Commission) FL boating education course as well as the FWC Online Livery Operator’s Course. If your Captain arrives and cannot demonstrate that they can operate, park and dock the vessel in a slip, your rental will be canceled without refund. GENERAL TERMS AND CONDITIONS This Rental Agreement sets forth the entire agreement and furthermore, understanding between the parties, and all previous discussions, understandings, representations, negotiations, and agreements with respect to the matters included in this Rental Agreement are merged herein. Additionally, the consideration recited herein is the full, complete and entire consideration for this Rental Agreement, and there is no further consideration to be paid by any party to any other party except as recited herein. If any provision or part of this Rental Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of the Rental Agreement shall remain valid and enforceable by any party to this Rental Agreement. This Rental Agreement shall be governed by and construed under the laws of the State of Florida and a venue in Escambia County, Florida. In the event the company prevails in any litigation or claim relating to the enforcement of the provisions contained herein, I agree to pay and indemnify the company for its litigation expenses, including without limitation, reasonable attorney’s fees and court costs not to exclude collection costs incurred. I acknowledge and agree that the company is not affiliated with Sabine Marina or any other subsidiaries or affiliates of those entities and that this Rental Agreement is a contract solely between the company and me the below signed. SCHEDULING TIME & PUNCTUALITY I agree to arrive at Sabine Marina (located behind Frisky Dolphin Restaurant) 45 MINUTES early prior to my scheduled departure time to complete all paperwork and participate in my hands on safety training and orientation. If I arrive late, the scheduled safety orientation time allotted will be deducted from my scheduled rental time and I agree my charges will not be compensated nor adjusted for my tardiness. I understand I will be considered a NO SHOW if I do not arrive within 45 minutes after scheduled departure time. I also agree if I return the pontoon boat later than the scheduled return time, I will be charged at the rate of $200 per hour additional, unless arrangements have been made prior. Furthermore, agree that the additional hours are not prorated. 15 minutes late = 1 (one) billable hour! I agree and understand my punctuality is paramount to prevent additional charges. This Boat Rental Agreement is made by and between the company hereafter referred to as "the company" and the Renter identified below and is effective as of the date located next to the initial of the renter below. CANCELLATION POLICY
Cancellations may be made seventy-two (72) hours or more prior to the scheduled boat rental departure time without penalty. I agree Cancellations between seventy-two (72) hours and twenty-five (25) hours prior to scheduled boat rental departure time shall be charged 50% of agreed upon rental price and issued a gift card for the remaining 50% with no expiration date. I agree Cancellations within twenty-four (24) hours or due to “NO SHOW” shall be charged 100% of agreed upon rental price on the credit card I provided. The company reserves the right to cancel any reservation due to inclement weather that would make the rental unsafe in which a full refund will be given. Decision to cancel due to inclement weather belongs solely to the company and that decision is made on site. I understand that I am responsible to provide an EXPERIENCEDCAPTAIN in order to depart the dock. Failure to demonstrate that my Captain is capable of navigating the waterways and is qualified to rent at the time of rental, will result in cancellation *without refund*. This demonstration includes docking the boat in and out of the marina slip. The decision is at the full discretion of the crew member conducting the checkout. Maximum capacity is ten (10) passengers including your experienced Captain. Rules for Use of Pontoon Boat and Equipment.
Renter agrees that he or she shall use all equipment, including the pontoon boat, safety (life) vest, engine, gas tank, ropes, anchor, and whistle (hereinafter collectively referred to as the “pontoon boat equipment”) only for the purpose of personal entertainment, with safety always in mind and your first priority in accordance with ALL of the following rules. WE RESERVE THE RIGHT TO DENY RENTAL TO ANYONE, AT ANYTIME, FOR ANY REASON.
A. “Renter and/or Operator” shall not consume, nor be under the influence of, any intoxicant (including but not limited to alcohol or any other controlled substance not to exclude prescription drugs that may make you drowsy and/or impair your judgement) while operating the pontoon boat equipment and supervising his/her guest/s are obeying said rules herein.
B. Renter and renter’s guest/s, shall/will clean up after their pets and not allow gnawing or biting of any upholstery, flooring etc...on the vessel.
C. Renter and renter’s guest/s, shall/will return all of the pontoon boat equipment, in good working order and condition, at the end of the rental agreement and if any equipment has been lost, Renter shall inform the company's employees/agent upon return. Renter shall be financially responsible for all lost equipment cost at current market value.
D. Renter shall/will follow all posted speed limits, including obeying the NO WAKE ZONES and rules of navigation while on the water, and furthermore, shall stay clear of all other boats in operation on the water. Renter shall not attempt to board another vessel from the pontoon boat. Renter shall take care not to allow the pontoon boat to collide or damage other vessels that may be docked in the marina or in operation on navigable waters. Damage to other vessels or structure is the sole responsibility of the Renter.
E. Renter shall/will not take the pontoon boat outside the boundaries reviewed during the safety tutorial and in the safety binder that remains on the vessel during your rental. Renter is NEVER TO venture into the Gulf of Mexico, via the pass (waterway leading into the gulf) at any time! The waters are too rough for the pontoon boats to operate safely. If the renter ignores this important rule, the RENTER agrees that they will be own their own, will assume any liability and will need to contact the USCG for any emergency or mechanical assistance and a $1000 fine will be assessed.
F. Renter shall/will not allow anyone other than Renter's guide/driver to use or operate the pontoon boat equipment. Only the renter's guide/driver is authorized to pilot/drive/operate/navigate the pontoon boat.
G. Renter shall/will not, “except in an emergency” to return to dock or place fuel in the gas tank from any other source other than Sabine Marina. Fuel is NOT included in your rental and will be refilled by our representative and charged. By my authorized initial below, I agree that I have read and fully understand the Release of Liability and furthermore, agree to pay for any and all repair costs and other physical damages that may occur to the watercraft during my rental, operation or other use from any cause whatsoever whether deliberate or unintentional as specifically set forth in "A" through "G" above and Exhibits “A” through "C” below.
Initial Acceptance
EXHIBIT “A”
I hereby voluntarily and of my own volition give the company the right to immediately charge my credit card in the event there is any damage to, accident or incident of any kind regarding the rented watercraft during the rental period. This includes damages done to the rental watercraft, motor, or equipment as a result of beaching, running aground, reckless operation, negligence, equipment loss, or violation of the rules. I understand that the company will conduct an estimate for repairs by a reputable licensed repair company of their sole choosing and provide me with a copy for review. I further covenant and agree not to challenge the charge on my credit card with the bank or financial institution issuing my card. I recognize that the company has a good faith basis for requiring this provision as it is the only way to protect them from me canceling my credit card or challenging the charges in the event of damages to the watercraft. All damages deemed extreme by the company are subject to investigation by the Escambia County Sheriff’s Department. Initial Acceptance
EXHIBIT “B”
I hereby voluntarily and of my own volition give the company the right to immediately charge my credit card, provided at time of rental, and agree not to challenge the charge on my credit card with the bank or financial institution issuing my card.
EXHIBIT “C”
In the event the credit card declines, I agree to reimburse the company immediately for any and all accidental and/or intentional damages incurred while watercraft is in my possession not to exclude all accessories provided aboard the vessel. I agree to make the company whole again for any losses they incurred. I also agree to pay for collection costs and cooperate with the company affiliates, not to exclude their insurance providers/underwriters and/or investigators of all capacity.
PRIVACY
The company DOES NOT sell nor share Renter and/or their guest’s information with anyone! Only in the event of an emergency would the company share Renter’s name and guest itinerary with the proper authority personnel cooperating with rescue, emergency and/or criminal investigation efforts.
FIRST AID KIT AND FIRE EXTINGUISHERS/FLARES
First Aid kit and Fire Extinguishers are provided aboard the vessel in the event of a emergency. I agree to reimburse Frisky Mermaid Dolphin Tours & Boat Rentals for the use of any First Aid equipment accessories used and/or replacement of any safety equipment not to exclude Fire Extinguishers used while aboard the watercraft at current fair market value. Initial Acceptance
I EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS RENTAL AGREEMENT I HAVE FULLY INFORMED MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THIS RENTAL AGREEMENT, AND THAT I HAVE RELIED SOLELY ON MY OWN JUDGMENT IN EXECUTING THIS RENTAL AGREEMENT. I HAVE READ THE TERMS OF THIS RENTAL AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE PROVISIONS REGARDING ASSUMPTION OF RISK, RELEASE AND COVENANT NOT TO SUE, AND INDEMNITY, AND I UNDERSTAND THAT I AM WAIVING SUBSTANTIAL RIGHTS IN CONSIDERATION FOR MY USE OF THE COMPANY'S WATERCRAFT I ENTER INTO THIS RENTAL AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Initial acceptance Frisky Mermaid Dolphin Tours & Boat Rentals
LIABILITY WAIVER
I. DISCLAIMER
This form is a Waiver, also known as a Release of Liability and Assumption of Risk Agreement (hereinafter the “Liability Agreement”) is applicable to all renters, operators, passengers, and any other users of pontoon boats and boating equipment not to exclude all accessories provided (hereinafter collectively the “Watercraft”) provided by the company, a Florida Corporation (hereinafter “the company”) as well as any other affiliated entities or individuals there under. For purposes of this Rental Agreement, the term the company shall include all member/s, manager/s, officer/s, employee/s, agent/s, representative/s, assign/s, successor/s, insurer/s and subsidiaries of the company. Renter agrees that you are also signing this Rental Agreement on behalf of any minor children for whom you are the parent, guardian, or whom you are otherwise responsible for the care, custody or control. Renter agrees that you will disclose to the company all potential renters, operators, passengers and users of the Watercraft. Renter further agrees that in the event you fail to notify the company of all potential renters, operators, passengers or users of such Watercraft, you will be personally liable for any injuries or damages to the undisclosed individuals, even if such damages arise out of the gross negligence of the company Rentals. Initial Acceptance
II. EXPRESS ASSUMPTION OF RISK—CAUTION!! READ BEFORE SIGNING
I acknowledge that the rental, operation or use of a watercraft has inherent risks that may lead to bodily injury, death, drowning and/or property loss not to exclude damage. I further understand that I am not bound or required to participate in any of the activities relating to the rental, operation and use of the watercraft, but I have willingly and voluntarily decided to participate in such activities. I realize that I am free to refuse to participate in any or all activities relating to the rental, operation and use of the watercraft including those activities I feel uncomfortable with or which I determine cannot be completed safely by me. I knowingly and voluntarily assume all risk of injury, illness, damage or loss, both known and unknown, associated with the rental, operation or use of the watercraft or associated rental equipment, even if arising from the negligence or omission of the company's, and assume full responsibility for my participation in the rental, operation and use of the watercraft. Initial Acceptance
III. RELEASE / COVENANT NOT TO SUE—CAUTION!! READ BEFORE SIGNING
I hereby release and hold harmless the company from all liability, claims, demands, lawsuits, arbitration/s or causes of action for any injury, illness, disability, death, loss or damage to any person or property sustained by me and/or any minor children for whom I am a parent, legal guardian, or whom I am otherwise responsible, whether caused by the negligence of the company or otherwise. This includes any injury, illness, disability, death or loss or damage to a person/s or property sustained as a result of a hidden, blatant or obvious defect on the watercraft or any of the rental equipment used, or any failure on the part of the company to properly instruct, supervise or train me on the operation of the watercraft as part of the check checkout list. As part of the consideration for using the watercraft, I promise not to file a lawsuit or other proceeding or make a claim against the company for any death, illness, injuries or damage or loss to person/s or property suffered as a result of my participation in the rental, operation and usage of the watercraft. It is the intent of this rental agreement to fully and completely release the company from any and all lawsuits, proceedings or claims of any type whatsoever.
Initial Acceptance
IV. INDEMNITY / LIABILITY TO THIRD PARTIES—CAUTION!! READ BEFORE SIGNING
I AGREE THAT I WILL INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY, IT'S OFFICERS, EMPLOYEES AND AGENTS FOR ALL PERSONAL INJURIES, DEATHS, PROPERTY LOSS OR DAMAGE, OR ANY OTHER DAMAGES TO ANY AND ALL THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OPERATORS AND PASSENGERS OF THE COMPANY'S RENTAL CLAIMS, CAUSES OF ACTION, DAMAGE JUDGEMENTS, COSTS OR EXPENSES INCLUDING ATTORNEY FEES WHICH IN ANY WAY ARISE FROM THE UNDERSIGNED RENTERS, OTHERS, INJURY OR DEATH OF THE UNDERSIGNED OR ANYONE ELSE. UNDERSIGNED AGREES TO ANY LIABILITY ARISING FROM THE ACT OR NEGLIGENT ACT OF AN INDEMNITEE, THE UNDERSIGNED OR ANYONE ELSE; PROVIDED HOWEVER, THE FOREGOING INDEMNITY SHALL NOT APPLY TO CLAIMS RELATED SOLELY TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE COMPANY OR OTHER WATERCRAFT. THE UNDERSIGNED ALSO AGREE TO PAY FOR ANY OR ALL DAMAGES TO ANY PROPERTY OF INDEMINTEE CAUSED BY THE UNDERSIGNED FOR EITHER NEGLIGENTLY, WILLFULLY OR OTHERWISE. THE SWIMMERS AND MINOR CHILDREN UNDER MY CUSTODY, CARE, AND CONTROL, AS A RESULT OF ANY AND ALL ACTIVITIES RELATED TO MY RENTAL, OPERATION, OR USE OF WATERCRAFT PROVIDED BY THE COMPANY RENTALS, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF THE COMPANY.
To explicitly acknowledge the Renter’s agreement of indemnity. I expressly agree that the company shall not be liable for any loss or damage to any personal property left stored or transported by me in or upon the Watercraft.
Initial Acceptance
V. WARNINGS…
In consideration of the use of the pontoon boat equipment and the property, facilities and/or services of the company, the undersigned Renter acknowledges the following warning.
WARNING: There are significant elements of risk in any adventure sport or activity on the water or associated with the use or presence of water craft, including but not limited to pontoon boats and their related equipment. These risks are inherent in boating and may be present even if the pontoon boat equipment is used properly and even in still water. The Renter understands and acknowledges that the operation of the pontoon boat equipment involve risks such as, but not limited to, the following:
(a) changing water flow, conditions or currents;
(b) collision with other participants, any portion of the interior of the craft, other watercraft, man-made or natural objects, including overhanging, submerged and/or semi-submerged trees, branches, rocks and boulders;
(c) cold weather and heat related injuries and illnesses including hypothermia, frostbite, heat exhaustion, sun stroke, and dehydration;
(d) inclement weather, variances and extremes of wind, weather and temperature, the presence of insects and animals;
(e) sense of balance, physical coordination, ability to swim, and/or ability to follow directions;
(f) loss of control of the craft, collision, capsizing, and sinking of the craft which can result in wetness, injury, exposure to the elements, hypothermia and drowning;
(g) injury while getting in and out of the craft;
(h) travel, including hiking, portaging and travel to and from the related and unrelated activities;
(i) the presence of wild animals, including marine life forms;
(j) unavailability of emergency aid services and emergency medical care. The listing of these risks is not intended, and shall not be construed as, all of the possible risks associated with the use of the pontoon boat equipment.
VI. Waiver and Release of Liability.
The undersigned Renter, based upon the warnings and understanding of risks, and predicated in part upon the acknowledgements and assumption of risks described above, does hereby waive, release and discharge the company, its officers, agents, employees, successors, affiliates and assigns, not to exclude Sabine Marina from any and all claims or liability arising from the use or operation of the pontoon boat and/or the pontoon boat equipment, or use of the the company's property, facilities, services or activities organized or sponsored by the company and agrees that it shall not sue them on account or in connection with any claims, causes of action, injuries, damage, cost of expenses arising therefrom, whether arising from the negligence or strict liability, and regardless of the participation of another third party in the causation of any such injuries, damages, or liability, but excluding claims which arise from gross negligence or willful misconduct on the part of the company's renter acknowledges that this wavier and release includes the waiver of future, unknown claims.
To explicitly acknowledge the Renter’s waiver and release of liability, Renter shall place their initials here:
In Witness Whereof, the undersigned Renter has read, understands and agrees to be legally bound to this Agreement effectively Waiving THEIR rights and Releasing of Liability to the company, FURTHER realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities, does so freely and voluntarily, and does so for himself or herself and his or her heirs, not to exclude the guests I personally allow aboard said vessel, assigns and legal representatives. Renter understands that he/she is signing this waiver on behalf of anyone aboard the vessel, provided the additional passengers are listed below and in signing as such.
Today's Date: September 7, 2024
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