Bentley Pontoon Boat Rental Agreement and Liability Waiver
This Pontoon Boat Rental Agreement is made by and between PENSACOLA BEACH PONTOON RENTALS, INC and the Renter identified below and is effective as of the date located next to the signature of the renter below.
GENERAL TERMS AND CONDITIONS
This Rental Agreement sets forth the entire agreement with the exception of the attached Liability Waiver, 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 will be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of the Rental Agreement will remain valid and enforceable by any party to this Rental Agreement. This Rental Agreement will be governed by and construed under the laws of the State of Florida and a venue in Escambia County, Florida. In the event PENSACOLA BEACH PONTOON RENTALS, INC prevails in any litigation or claim relating to the enforcement of the provisions contained herein, I agree to make whole for all financial losses and indemnify PENSACOLA BEACH PONTOON RENTALS, INC 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 PENSACOLA BEACH PONTOON RENTALS, INC is not affiliated with Pensacola Beach Marina, Pier One Marina or any other subsidiaries or affiliates of those entities and that this Rental Agreement is a contract solely between PENSACOLA BEACH PONTOON RENTALS, INC and me the below signed.
Initial Acceptance
Initial
OPERATION INSTRUCTIONS
I acknowledge and certify, I have received operation instructions aboard the watercraft by a PENSACOLA BEACH PONTOON RENTALS, INC agent prior to my scheduled departure time. After receiving said hands on instruction, I am confident and physically capable in all aspects of the operation of said Watercraft and following all safety instructions provided by PENSACOLA BEACH PONTOON RENTALS, INC.
Initial Acceptance
Initial
USCG SAFETY CHECKLIST
I have been adequately shown the location/s and procedure/s of how to access and utilize all safety equipment aboard the vessel
Initial Acceptance
Initial
. I have been provided a copy of the signed USCG Pontoon Boat Safety Checklist for further review if necessary. I am confident of my knowledge & physical capacity to execute the procedures outlined within the attached USCG Pontoon Boat Safety Checklist.
Initial Acceptance
Initial
Rules for Use of Pontoon Boat and Equipment.
Renter agrees that he or she will use all equipment, including the pontoon boat, safety (life) vest, engine, gas tank, ropes, anchor, and safety flares/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. Please initial each statement and sign below to indicate you understand the requirements of operating this vessel and further acknowledging acceptance of the following rules:
A. Renter and renter’s guest/s, will obey all federal, Florida, and local laws, ordinances, rules or regulations with respect to the use and operation of the pontoon boat equipment and will obey all lawful directives of the Pensacola Beach Marina Dock Master, emergency or law enforcement personnel while operating the pontoon boat equipment.
B. Renter and renter’s guest/s, will NOT, at any time, dangle their legs off the sides of the pontoon boat while the engines are started and/or in motion. This is against the law and dangerous. You can be pulled under the boat resulting in serious injury or death.
C. Renter and renter’s guest/s, will close and secure the front and back door with all riders safely inside BEFORE/PRIOR to the ignition key is inserted and pontoon boat engine started. All riders must not sit, stand and/or ride on the upper deck and/or ladder to upper deck while pontoon boat engine is started/running and/or in motion.
D. Renter and renter’s guest/s, will ensure the motor is to be in down position and key out of ignition before anyone is allowed access in water activities.
E. Renter understands and knows how to use the three step fold up ladder located on the back of boat, using it as the exclusive/only point of access, furthermore, ensuring the ladder is properly stowed before/prior to starting the engine.
F. Renter and renter’s guest/s, will designate a capable and sober look out for in water activities.
G. Renter and renter’s guest/s, has been instructed/shown and understands where all safety equipment is located on this vessel (upper and lower deck).
H. “Renter and/or Operator” WILL 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. I (renter and/or operator) also understands that I am responsible for the safety of all persons on-board. I (renter and/or operator) understand where all safety equipment is and have no further questions.
I. Renter and renter’s guest/s, will not make unreasonable or excessive noise while operating the pontoon boat equipment. Other boaters including the marine police may assume you are signaling for help in distress.
J. Renter and renter’s guest/s, 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 will inform the Pensacola Pontoon Rental INC’s employees/agent upon return. Renter will be financially responsible for all lost equipment cost at current market value.
K. Renter will follow all posted speed limits, including obeying the NO WAKE ZONES and rules of navigation while on the water, and furthermore, will stay clear of all other boats in operation on the water. Renter will not attempt to board another vessel from the pontoon boat. Renter will 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.
L. Renter and renter’s guest/s, will not throw trash or litter from the pontoon boat, into the water or otherwise, and acknowledges that they may be operating in environmentally sensitive areas. All trash or litter must be secured to keep it from accidentally falling into the water and upon the end of the rental, all trash and litter will be deposited in the appropriate trash receptacles.
M. Renter will not take the pontoon boat more than 10 nautical miles from Pensacola Beach Marina/Little Sabine Bay.
N. Renter will not allow anyone other than Renter and/or guest who is qualified with completed boater safety coarse to use or operate the pontoon boat equipment.
O. Renter will not, “except in an emergency” to return to dock or place fuel in the gas tank from any other source other than Pensacola Beach Marina.
P. Renter will not maneuver the pontoon boat into the Gulf of Mexico and or the Pass (waterway leading into the gulf) at no time! The waters are too rough for the pontoon boat to operate safely.
Initial Acceptance
Initial
CAUTION!!– PHYSICAL DAMAGES
By my authorized signature below, I agree that I have read and fully understand the attached Waiver and 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 Exhibits “A” “B” and “C”.
Initial Acceptance
Initial
EXHIBIT “A”
I hereby voluntarily and of my own volition give PENSACOLA BEACH PONTOON RENTALS, INC 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 PENSACOLA BEACH PONTOON RENTALS, INC 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 PENSACOLA BEACH PONTOON RENTALS, INC 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 PENSACOLA BEACH PONTOON RENTALS, INC are subject to investigation by the Escambia County Sheriff’s Department.
Initial Acceptance
Initial
EXHIBIT “B”
I hereby voluntarily and of my own volition give PENSACOLA BEACH PONTOON RENTALS, INC the right to immediately charge my credit card and agree not to challenge the charge on my credit card with the bank or financial institution issuing my card.
Initial Acceptance
Initial
EXHIBIT “C”
In the event the credit card declines, I agree to reimburse PENSACOLA BEACH PONTOON RENTALS, INC immediately for any and all accidental and/or intentional damages incurred while watercraft is in my possession not to exclude all accessories/equipment provided aboard the vessel. I agree to make PENSACOLA BEACH PONTOON RENTALS, INC whole again for any losses they incurred. I also agree to pay for collection costs and cooperate with PENSACOLA BEACH PONTOON RENTALS, INC affiliates, not to exclude their insurance providers/underwriters and/or investigators of all capacity.
Initial Acceptance
Initial
CANCELLATION POLICY!
I agree cancellations may be voluntarily made on renter’s behalf two weeks (14 days) or more prior to the scheduled boat rental departure time with a 10% penalty. A refund will be issued in the amount of 90% of purchase.
I agree cancellations “within” two weeks (14 days) of scheduled boat rental departure time will receive a gift card which never expires for 100% of purchase value.
I agree cancellations due to “NO SHOW” will not receive a refund nor gift card.
I agree PENSACOLA BEACH PONTOON RENTALS, INC reserves the right to cancel any reservation due to inclement weather that would make the rental unsafe, in which a full refund will be issued back to the credit card used to make purchase. All refunds takes 5-10 business days for the funds to transfer back to credit card.
I agree the decision to cancel due to inclement weather belongs solely to PENSACOLA BEACH PONTOON RENTALS, INC not the Renter in order to qualify for the refund.
Initial Acceptance
Initial
PRIVACY
PENSACOLA BEACH PONTOON RENTALS, INC DOES NOT sell nor share Renter and/or their guest’s information with NO ONE! We shred and destroy all sensitive information (IE. credit card numbers) after you return from your rental and finalize the service/s you (Renter) received. Only in the event of an emergency would PENSACOLA BEACH PONTOON RENTALS, INC share Renter’s name and guest itinerary with the proper authority personnel cooperating with rescue, emergency and/or criminal investigation efforts.
Initial Acceptance
Initial
FIRST AID KIT AND FIRE EXTINGUISHERS
First Aid kit and Fire Extinguishers are provided aboard the vessel in the event of an emergency. I agree to reimburse PENSACOLA BEACH PONTOON RENTALS, INC 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
Initial
Scheduling Times & Punctuality
I agree to arrive at Pensacola Beach Marina 30 minutes early prior to my scheduled departure time to complete 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 also agree If I return the pontoon boat later than the scheduled return time, I will be charged at the rate of $100 per hour additional. Furthermore, I 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.
Initial Acceptance
Initial
Fuel Costs
When returning to Pensacola Beach Marina, the dock master and/or PENSACOLA BEACH PONTOON RENTALS, INC Staff will assist you in replenishing the fuel consumed during your rental. Once the tank is topped off, Pensacola Beach Marina will need to swipe your credit card for payment of fuel used. Cash is also accepted. PENSACOLA BEACH PONTOON RENTALS, INC is not responsible nor provides the fuel for your rental. Renter assumes the cost of fuel at current market value.
Initial Acceptance
Initial
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 PENSACOLA BEACH PONTOON RENTALS, INC WATERCRAFT. I ENTER INTO THIS RENTAL AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
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PENSACOLA BEACH PONTOON RENTALS, INC
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 Pensacola Beach Pontoon Rentals INC, a Florida Corporation (hereinafter “Pensacola Beach Pontoon Rentals”) as well as any other affiliated entities or individuals there under. For purposes of this Rental Agreement, the term “Pensacola Beach Pontoon Rentals” shall include all member/s, manager/s, officer/s, employee/s, agent/s, representative/s, assign/s, successor/s, insurer/s and subsidiaries of Pensacola Beach Pontoon Rentals. 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 Pensacola Beach Pontoon Rentals all potential renters, operators, passengers and users of the Watercraft. Renter further agrees that in the event you fail to notify Pensacola Beach Pontoon Rentals 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 Pensacola Beach Pontoon Rentals.
Initial Acceptance
Initial
II. WARNINGS…
In consideration of the use of the pontoon boat equipment and the property, facilities and/or services of Pensacola Beach Pontoon Rentals Inc, the undersigned Renter acknowledges and understands the following warnings. There are significant elements of risk in any adventure sport or activity on the water or associated with the use or presence of watercraft, 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 involves 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, manmade 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 the possible risks associated with the use of the pontoon boat equipment.
Initial Acceptance
Initial
III. Assumption of Risk.
Based upon the warnings above and Renter’s acknowledgement of the inherent risks of using and operating a pontoon boat and the pontoon boat equipment, and that some or all those risks may be unavoidable even with reasonable care in the use and operation of the pontoon boat and pontoon boat’s equipment. By executing this agreement Renter expressly assumes all risks that arise from the use and operation of the pontoon boat or pontoon boat equipment, including the risk of property damage, bodily injury and possibly death, including the acts of others, the unavailability of emergency care and any other foreseeable or unforeseeable factors and/or circumstances related to the use of the pontoon boat and pontoon boat equipment.
To explicitly acknowledge the Renter’s assumption of risk, Renter shall place their initials here:
Initial Acceptance
Initial
IV. 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 Pensacola Beach Pontoon Rentals Inc., its officers, agents, employees, successors, affiliates and assigns, not to exclude Pensacola Beach 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 Pensacola Beach Pontoon Rentals Inc property, facilities, services or activities organized or sponsored by Pensacola Beach Pontoon Rentals Inc. 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 Pensacola Beach Pontoon Rentals Inc. 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:
Initial Acceptance
Initial
V. Indemnity.
The undersigned Renter agrees to indemnify and defend, Pensacola Beach Pontoon Rentals Inc from any and all claims made by or for the Renter, or any other third party, arising out of the use or operation of the pontoon boat or pontoon boat equipment and that Renter shall hold Pensacola Beach Pontoon Rentals Inc and its officers, employees and agents (each, an “Indemnitee”) and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the undersigned Renters use or operation of the pontoon boat and pontoon boat equipment, which include but are not limited to damages to or destruction of any property of an Indemnitee, of any others, injury or death of the undersigned or anyone else or 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 of Pensacola Beach Pontoon Rentals Inc. The undersigned agrees to pay for any or all damages to any property of Indemnitee caused by the undersigned either negligently, willfully, or otherwise.
To explicitly acknowledge the Renter’s agreement of indemnity, Renter shall sign here.
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A Checklist from the U.S. Coast Guard and this Company
I will make sure my passengers and I each have a properly fitted and properly adjusted U.S. Coast Guard-approved life jacket and know how to put it on.
I Agree
I understand that my passengers and I should wear a U.S. Coast Guard-approved life jacket at all times when boating.
I Agree
I have assigned one responsible adult to keep track of the whereabouts and safety of each child on board.
I Agree
I understand that life jackets sized for adults are unsafe for children.
I Agree
I understand when crossing the path of another boat, I should yield to the boat on my right, (starboard).
I Agree
– IF I OR THE OTHER BOAT FAIL TO ACT –
I understand there is the threat of a collision and it is my responsibility to slow down, steer away and/or stop.
I Agree
I understand that when I meet another boat head-on I should steer to the right (starboard).
I Agree
I understand that when I overtake another boat I should pass on the left (port) side, leave plenty of room, and yield (give way) to that boat. If conditions require it, I may pass on the right (starboard) side.
I Agree
I understand that I must yield (give way) to all boats under sail.
I Agree
I understand that under Federal and/or State law it is a crime to operate a boat while persons are sitting on the front (bow), sides (gunwales), rear (stern), or swim platform. This behavior is considered grossly negligent operation of a boat.
I Agree
I understand that using alcohol, drugs and certain prescription medications may impair my ability to operate this boat safely.
I Agree
I will not operate this boat or allow any- one else to operate this boat while under the influence of alcohol or drugs.
I Agree
I will not permit swimming, diving, sliding, or jumping from or near the boat unless the boat motor is turned off, the keys are removed, and I have counted to ten to allow the propeller time to stop spinning.
I Agree
I will check to make sure that the water is deep enough before allowing head-first diving from the boat.
I Agree
I will instruct my passengers never to dive or jump off of a moving boat.
I Agree
I confirm that rental company staff have informed me about local hazards such as shallow water, submerged objects, currents, and weather conditions. A list is attached.
I Agree
I acknowledge that rental company staff have explained to me the local laws and regulations that apply to boating in this area. I understand them and will follow them carefully.
I Agree
I understand that five short blasts of a horn or whistle signal danger or need for assistance.
I Agree
I understand that it is recommended that I take a safe boating course approved by NASBLA through the U.S. Coast Guard Auxiliary, United States Power Squadrons® and individual states which would help me when I rent or operate boats.
I Agree
Pontoon/Deck Boat
I understand that under Federal and/or State law it is a crime to operate a boat while persons are sitting on the front (bow), sides (gunwales), rear (stern), or swim platform. This behavior is considered grossly negligent operation of a boat.
I Agree
I understand that there is an awareness zone that includes the front (bow), sides (gunwales), rear (stern) and swim platform, and extends 30 feet behind and around this boat.
I Agree
I will educate all of my passengers about the awareness zone, and I will not allow anyone to enter the awareness zone unless the boat motor is turned off, the keys are removed, and I have counted to ten to allow the propeller time to stop spinning.
I Agree
I will take a head count to make sure all passengers are present and accounted for before starting the motor.
I Agree
I understand that it is particularly dangerous to sit on the front of the platform of this boat, because a slip between the pontoons will “funnel” a passenger into a boat propeller.
I Agree
I understand that the motor of this boat produces Carbon Monoxide, a colorless, odorless, and lethal gas that can quickly affect people in the awareness zone.
I Agree
I will not use any generator that is not supplied as part of the rental package on this boat.
I Agree
I understand that this boat has no brakes, so that stopping quickly is difficult or impossible if I am going too fast.
I Agree
I will not operate this boat at speeds that are unsafe for the conditions.
I Agree
I will obey No Wake zones/signs.
I Agree
I have been instructed in how to use the navigation lights and anchor lights on this boat and I will display them properly if operating at night or when visibility is poor.
I Agree
I will make sure that there is a lookout other than the boat operator whenever passengers or parts of this boat obstruct the operator’s view.
I Agree
I have been informed of the total capacity of people and lbs of gear for this boat. I will not exceed that limit.
I Agree
I understand that overloading this boat is unsafe and against the law.
I Agree
I will anchor where it is easy for other boats to see this boat (so long as the area is anchorable).
I Agree
I will only anchor this boat from the front (bow).
I Agree
I will check to make sure that the water is deep enough before allowing head-first diving from the boat.
I Agree
I will instruct my passengers never to dive or jump off of a moving boat.
I Agree
I will make sure that I, or someone who knows how to operate the boat, remain on board whenever the boat is unanchored.
I Agree
I have been instructed on what to do in the case of a person overboard, collision, or other dangerous situation.
I Agree
If this boat is equipped with an engine cut-off device, I will use it.
I Agree
I have received an operational orientation for this boat and understand that a written manual is on board.
I Agree
Today’s Date: January 18, 2024
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Renter’s Name
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