2023 Southbay Tri Toon in Punta Gorda, Florida

This contract is assumed read by Renter and agreed upon by booking this boat through GetMyBoat. STANDARD RENTAL USE AGREEMENT between (Lessor) And LESSEE (Renter) READ THIS ENTIRE AGREEMENT GENERAL RULES Only the authorized Renter aged 21 or over may operate the watercraft. Allowing an unauthorized person to operate the watercraft may void all insurance coverage. Renters must abide by all state and federal laws. Renters must also follow all laws with regards to rules of the water and personal floatation devices. Your Boat Rentals recommends all persons on watercraft or docks wear PFDs at all times. Renters agree not to operate the craft or equipment while under the influence of drugs or alcohol. No smoking or pets are allowed. Watercraft may only be rented for personal use and may not be used "for hire." Watercraft must never exceed capacity rating during rental use. Parking - Renter agrees that their party will arrive with no more than two vehicles at any location during rental. All passengers must be in acceptable seating positions when underway, not outside of railing or on the sundecks. NO SKIING OR TUBING IS ALLOWED. Renter also agrees not to use watercraft to tow another boat, watercraft, vessel, floatation device or person. Renter will drive and dock the watercraft with reasonable care and keep the watercraft clean. We reserve the right to charge an appropriate cleaning fee for an excessively dirty watercraft. Renter agrees to return the watercraft on time. There is a 10 minute grace period for all rental returns. If a watercraft is returned late the Renter agrees to pay for any time overages at the rate of $100/hour and to have such charges immediately deducted from their account or credit card on file. Renter will not engage in any illegal or dangerous activity while operating a watercraft. The Renter is also prohibited from using the watercraft for any negligent use where the intent is abusive or abnormal for its operation. Watercraft Violations and Tickets are the responsibility of Renter and must be paid in a timely manner, including any costs incurred by Lessor. CANCELLATION POLICY There are no cancellation fees if a rental reservation is cancelled 5 or more days prior to the start time of the rental Agreement. Cancellations made with less than 5 days notice, FOR ANY REASON INCLUDING LESS THAN IDEAL WEATHER, will be charged entire rental fee. Your Boat Rentals reserves the right to cancel any rental for bad weather (winds over 30MPH, Rain or Lightning) or any situation deemed unsafe. In these circumstances there will be no cancellation fee and the Renter will be allowed to reschedule for a time of equal or less value. DAMAGE POLICY The Renter agrees that they will report any accident, malfunction, breakdown, damage incident or lost equipment to Lessor immediately. The Renter agrees that they have or will examine the watercraft and all equipment before using and find it acceptable and suitable for the purpose for which it was rented. The Renter agrees to pay for any damage, lost equipment or time overages immediately upon returning the watercraft and authorizes the Lessor to process such charges automatically to the account or credit card on file. ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY AGREEMENT DISCLAIMER This Use Agreement: Release of Liability, Assumption of Risk, and Indemnity ("Use Agreement") is applicable to all Renters, Authorized Users, passengers, guests, and users of equipment provided by the Lessor and affiliates and subsidiaries (For the purpose of this Use Agreement, the term "Lessor" includes all owners, investors, directors, managers, employees, agents, representatives, servants, assigns, successors, insurers, affiliates and subsidiaries of those companies aforementioned). The Renter agrees that he/she is also signing this Use Agreement on behalf of any minor children for whom he/she is the parent, guardian, or otherwise responsible for care, custody, or control. Renter agrees that he/she will disclose to Lessor all potential authorized users or operators of the Lessors watercraft and equipment. Renter further agrees that in the event that he/she allows someone other than an authorized user to operate said watercraft and equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of the Lessor. EXPRESS ASSUMPTION OF RISK I ACKNOWLEDGE THAT THE OPERATION OR USE OF A WATERCRAFT HAS INHERENT RISKS THAT MAY LEAD TO BODILY INJURY OR DEATH. I FURTHER UNDERSTAND THAT I AM NOT BOUND OR REQUIRED TO PARTICIPATE IN ANY OF THE ACTIVITIES PRESENTED TO ME, BUT I HAVE WILLINGLY AND VOLUNTARILY DECIDED TO PARTICIPATE. I REALIZE THAT I AM FREE TO REFUSE TO PARTICIPATE IN ANY OR ALL ACTIVITIES INCLUDING THOSE I FEEL UNCOMFORTABLE WITH OR WHICH I FEEL CANNOT BE COMPLETED SAFELY BY ME. I KNOWLINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH THE OPERATION, OR USE OF THE WATERCRAFT OR ASSOCIATED RENTAL EQUIPMENT, EVEN IF ARISING FROM THE NEGLIGENCE, ACTION OR OMISSIONS OF THE LESSOR, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION. RELEASE/COVENANT NOT TO SUE I HEREBY RELEASE AND HOLD HARMLESS THE LESSOR FROM ALL LIABILITY, CLAIMS, DEMANDS OR CAUSES OF ACTION FOR ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY SUSTAINED BY ME AND/OR ANY MINOR CHILDREN FOR WHOM I AM A PARENT, LEGAL GUARDIAN, OR OTHERWISE RESPONSIBLE, WHETHER CAUSED BY THE NEGLIGENCE OF THE LESSOR OR OTHERWISE. THIS INCLUDES ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY SUSTAINED BY USE OF THE EQUIPMENT, OR ANY FAILURE TO WARN, PROPERLY INSTRUCT, SUPERVISE, OR TRAIN. AS PART OF THE CONSIDERATION FOR USING THE EQUIPMENT, I PROMISE NOT TO SUE OR MAKE CLAIM AGAINST THE LESSOR FOR ANY DAMAGE OR LOSS SUFFERED AS A RESULT OF MY PARTICIPATION IN THE RENTAL ACTIVITIES. IT IS THE INTENT OF THIS USE AGREEMENT TO FULLY AND COMPLETELY RELEASE THE LESSOR FROM ALL CLAIMS. INDEMNITY/LIABILITY TO THIRD PARTIES I AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS THE LESSOR FOR ALL PERSONAL INJURIES, PROPERTY DAMAGES, OR ANY OTHER DAMAGES TO ANY AND ALL THID PARTIES, INCLUDING, BUT NOT LIMITED TO, OPERATORS AND PASSENGERS OF OTHER WATERCRAFT AND 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 THE LESSOR, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF THE LESSOR. GENERAL TERMS AND CONDITIONS I certify that I have received adequate and proper safety and operation instruction for the equipment and watercraft provided by the Lessor and am capable in all aspects of the handling and operation of such equipment and watercraft and following all safety instructions. I agree not to use, nor permit the use of the equipment for (a) any unlawful purpose; (b) in a careless, reckless, or negligent manner; (c) while under the influence of alcohol and/or drugs; or (d) in violation of the safety instructions I received from the Lessor; or (e) in violation of any law or regulation. This Use Agreement sets forth the entire agreement and understanding between the parties, and all previous discussions, understandings, representations, negotiations, and agreements with respect to the matters included in their Use Agreement are merged herein. Additionally, the consideration recited herein is the full, complete and entire consideration for this Use Agreement, and there is no further consideration to be paid by any party to any other party other than as recited herein. If any provision or part of a provision of this Use Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of the Use Agreement shall remain valid and enforceable by any party. This Use Agreement shall be governed by and construed under the laws of the State of Minnesota. In the event the Lessor prevails in any litigation or claim relating to the enforcement of the provisions contained herein, I agree to pay and indemnify the Lessor for its litigation expenses, including reasonable legal fees and court costs (including those for appellate dealings). I expressly warrant and represent that before executing this Use Agreement I have fully informed myself of the terms, conditions, and effect of this Use Agreement, and that I have relied solely on my own judgment in executing this document. I have read the terms of this Use Agreement, including the provisions regarding Assumption of Risk, Release and Covenant Not to Sue, and Indemnity, and I understand that I am giving up substantial rights in consideration for my use of the Lessor's watercraft and equipment. By clicking Agree or signing I certify that I am entering into this Use Agreement freely and voluntarily without any inducement.