I the below signed (renter) agree Garretts Boat Rentals LLC 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 Garretts Boat Rentals LLC share Renter’s name and guest itinerary with the proper authority personnel cooperating with rescue, emergency, collections and/or criminal investigation efforts.
FIRST AID KIT AND FIRE EXTINGUISHERS
I the below signed (renter) agree First Aid kit and Fire Extinguishers are provided aboard the vessel in the event of an emergency. I agree to reimburse Garretts Boat Rentals LLC 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 vessel at the rate of $50 if seal is broken.
Scheduling Times & Punctuality
I the below signed (renter) agree to arrive 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!
Fuel Costs
I the below signed (renter) agree when returning to marina, rental boat leaves the dock with a full tank of fuel. Upon return the renter is responsible for the amount of fuel consumed. You can return the boat full or we can fill it up for you for a additional $50 convenience fee plus cost of fuel will be charged to the credit card on file.
LIABILITY WAIVER
- DISCLAIMER
I the below signed (renter) agree 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 Garretts Boat Rentals LLC a Florida Corporation as well as any other affiliated entities or individuals there under. For purposes of this Rental Agreement, the term “Garretts Boat Rentals LLC” shall include all member/s, manager/s, officer/s, employee/s, agent/s, representative/s, assign/s, successor/s, insurer/s and subsidiaries of Garretts Boat Rentals LLC 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 Garretts Boat Rentals LLC all potential renters, operators, passengers and users of the Watercraft. Renter further agrees that in the event you fail to notify Garretts Boat Rentals LLC 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 Garretts Boat Rentals LLC.
- WARNINGS…
I the below signed (renter) agree in consideration of the use of the pontoon boat equipment and the property, facilities and/or services of Garretts Boat Rentals LLC, 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.
III. Assumption of Risk.
I the below signed (renter) agree 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.
- Waiver and Release of Liability.
I the below signed (renter) agree 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 Garretts Boat Rentals LLC., 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 Garretts Boat Rentals LLC property, facilities, services or activities organized or sponsored by Garretts Boat Rentals LLC. 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.
- Indemnity.
I the below signed (renter) agree to indemnify and defend, Garretts Boat Rentals LLC 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 Garretts Boat Rentals LLC 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 Garretts Boat Rentals LLC. I the below signed (renter) agree to pay for any or all damages to any property of Indemnitee caused by the undersigned either negligently, willfully, or otherwise.
A Checklist from the U.S. Coast Guard and this Company
I Agree 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 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 using alcohol, drugs and certain prescription medications may impair my ability to operate this boat safely and is prohibited.
I Agree I will not operate this boat or allow anyone 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 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 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 so do not ride on upper deck while boat is in motion.
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 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 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 have been instructed on what to do in the case of a person overboard, collision, or other dangerous situation.
I Agree this boat is equipped with an engine cut-off device, I will use it.
Boater Safety Information
Boater Safety Certification number is required if born after January 1st, 1988.
Boater Safety Expiration
