RENTAL CRAFT AND EQUIPMENT CONTRACT

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Contracts
February 14, 2024

RENTAL CRAFT AND EQUIPMENT CONTRACT

This Boat Rental Contract (the “Contract”) is entered into between [Boat Rental Company Name] (the “Owner”) and the undersigned renter (the “Renter”) collectively referred to as the “Parties” for the rental of the boat described below.

RECITALS:

WHEREAS, Owner is the lawful owner of the boat described in Section 1 of this Contract and desires to rent the boat to the Renter for the agreed-upon rental period.

WHEREAS, Renter desires to rent the boat from the Owner for recreational purposes and agrees to abide by the terms and conditions set forth in this Contract.

WHEREAS, Both Parties acknowledge that it is in their mutual interest to clearly define their respective rights, obligations, and responsibilities relating to the rental of the boat.

Therefore, the Parties agree to the following terms and conditions:

  1. Rental Requirements and Safety Certification:
    • The RENTER acknowledges and agrees to meet the following rental requirements before renting and operating the boat:
    • The RENTER must be at least 28 years old.
    • The RENTER must possess a valid driver’s license.
    • The RENTER must have a minimum of 2 years of boating experience.
    • The RENTER must engage in a phone conversation with the OWNERS to verify their boating experience.
    • The RENTER must have a clean criminal and driving record.
    • The RENTER must sign all appropriate forms relating to the rental in full.
    • The RENTER must watch the safety videos provided by the OWNERS.
    • The RENTER acknowledges and understands that anyone born after January 1, 1988, must obtain the NC Wildlife Boater’s Safety Certification as required by the state of NC.
  2. Boat Description:
    • Boat Name: [Boat Name]
    • Boat Type: [Type of Boat]
    • Registration Number: [Registration Number]
    • Length: [Boat Length]
    • Maximum Capacity: [Maximum Capacity]
  3. Rental Craft and Equipment:
    • The RENTER acknowledges that they have examined the rental craft and equipment and finds it acceptable and suitable for the purpose for which it is leased.
    • The RENTER agrees to operate the rental craft in accordance with all safety rules, regulations, and laws as posted in the RENTAL COMPANY office or on the rental craft.
  4. Rental Options and Rates:
    • The Owner offers the following rental options:
      • Half-day rental (up to 4 hours) – Rate: [Half-day Rate]
      • Full-day rental (up to 8 hours) – Rate: [Full-day Rate]
      • Holiday rental (specific holidays) – Rate: [Holiday Rate]
      • 5-day rental – Rate: [5-day Rate]
      • 7-day rental – Rate: [7-day Rate]
  1. Rental Period:
    • The rental period shall commence on [Start Date] at [Start Time] and end on [End Date] at [End Time].
  2. Reservation and Payment:
    • To secure the reservation, the RENTER agrees to pay a deposit amount of [Deposit Amount] at the time of booking.
    • The remaining balance shall be paid by the Renter upon arrival at the rental location.
    • Accepted forms of payment include [Accepted Forms of Payment].
    • In the event of a cancellation, the deposit is non-refundable unless otherwise specified in this Contract.
  3. Return Time, Overtime Charges, and Damage Assessment:
    • The RENTER agrees to return the rental craft and all equipment at the specified “Return Time.”
    • In the event the rental craft is not returned at the specified “Return Time,” the RENTER agrees to pay for OVERTIME at a rate of $50.00 per each half-hour or fraction thereof until the craft and all equipment are returned.
    • The OWNER will be allowed three days from the return of the rental craft to assess any damages to the boat. The security deposit held by the OWNER will be used to cover the costs of any damages incurred during the rental period.
    • Once the inspection of damages is complete, the OWNER will deduct the necessary amount from the security deposit. If there is any remaining balance after deducting the damages, the OWNER will refund the balance to the RENTER within 7-10 business days from the completion of the inspection.
  4. Refuelling Charges and Rental “Extras”:
    • Refuelling Charges: The RENTER acknowledges that the rental craft will be provided with a full tank of fuel at the beginning of the rental period. The RENTER agrees that refuelling the craft is their responsibility, and any refuelling charges will be calculated based on the cost of fuel plus a service fee. These charges will be deducted from the security deposit held by the OWNER.
    • Rental “Extras”: The RENTER acknowledges and agrees that the following items, referred to as “extras,” are included with the rental and are not to be removed from the boat: Yeti Tumbler cooler, 2-person tube, port-a-potty, pop-up privacy tent, life jackets, 4 Kids-sized towels, 12 adult towels, towel clips, and air pump. The RENTER agrees to ensure that all the “extras” remain on the boat and are returned in the same condition as received at the end of the rental period. Any missing or damaged “extras” may result in additional charges, which will be deducted from the security deposit
  5. Permitted Use and Prohibited Activities:
    • Permitted Use:
      • The Renter is permitted to use the boat solely for recreational purposes during the rental period as specified in this Contract.
      • The Renter is allowed to navigate the boat in the designated waterways and areas as permitted by applicable laws and regulations.
      • Towing and Tubing: The Renter is allowed to engage in tubing activities behind the boat. However, the Renter must comply with the following guidelines:
        • Tubing is only permitted with the use of a designated tube that is approved by the Owner.
        • The maximum capacity of the tube is limited to two people.
        • The Renter must adhere to all safety instructions and guidelines provided by the Owner or outlined in the accompanying documentation.
        • The Renter agrees to assume full responsibility for the safety of all participants during tubing activities and to ensure that all individuals are wearing properly fitted and Coast Guard-approved life jackets.
      • Prohibited Activities:
        • The Renter agrees not to engage in any of the following activities during the rental period:
          • Commercial use: The boat shall not be used for any commercial purposes, including but not limited to, fishing charters, transportation of goods or passengers for compensation, or any other commercial activity.
          • Racing or speed contests: The Renter shall not engage in any racing or speed contests involving the boat.
          • Illegal activities: The Renter shall not use the boat for any illegal activities, including but not limited to, smuggling, drug trafficking, or any other unlawful purposes.
          • Overloading: The Renter shall not exceed the maximum capacity of the boat or overload it with excessive weight or passengers that may compromise the safety and stability of the vessel.
          • Subleasing or transfer: The Renter shall not sublease, assign, or transfer the boat to any other party without the written consent of the Owner.
          • Damage or modification: The Renter shall not cause any damage to the boat, its equipment, or make any modifications without the prior written consent of the Owner.
          • Pets, smoking, and fireworks: The Renter shall not bring pets on board, smoke, or use fireworks on or near the boat at any time.
          • Watersport Activities: The Renter acknowledges and agrees that no other watersport activities, including water skiing, knee boarding, wakeboarding, or any similar activities, are allowed to be conducted from or behind the rented boat.
          • Fishing: The Renter understands and acknowledges that fishing is strictly prohibited on the boat. The Renter shall not engage in any fishing activities, including casting lines, using fishing equipment, or attempting to catch fish from the boat.
  1. Life Jacket Requirement for Children and Tubing Participants
    • All children under the age of 13 must wear a properly fitted and Coast Guard-approved life jacket at all times while the boat is in motion, sitting still, and while they are in the water. The Renter acknowledges and understands the importance of ensuring the safety of children and agrees to strictly adhere to this requirement.
    • All persons, regardless of age, who are tubing behind the boat, must wear a properly fitted and Coast Guard-approved life jacket. The Renter acknowledges and understands that wearing a life jacket during tubing activities is essential for the safety and well-being of all participants.
  2. Cancellation and Refunds:
    • The Renter may cancel the rental for any reason.
    • If the Renter cancels up to 48 hours prior to the rental start time, a full refund of the deposit amount will be issued.
    • Cancellations made within 48 hours of the rental start time are not eligible for a refund unless otherwise agreed upon by the Owner.
  3. Termination of Contract:
    • The Contract may be terminated by the Renter or the Owner in the following circumstances:
      • Mechanical Issues: In the event of mechanical issues that render the boat unsafe or inoperable, the Owner shall provide a comparable replacement boat if available or refund the Renter for the unused portion of the rental period.
      • Renter’s Driving Record and Age: If the Renter’s driving record is found to be tarnished or does not meet the minimum age requirement to operate the vessel, the Owner reserves the right to terminate the Contract and deny the rental. In such cases, the Renter may be eligible for a refund of the rental fee minus the non-refundable deposit.
      • Intoxication or Substance Abuse: If the Renter or any member of their party is found to be operating the vessel under the influence of alcohol, narcotics, or illicit drugs, the Owner has the right to terminate the Contract immediately without refund.
      • Inclement Weather: In the case of inclement weather conditions that pose a safety risk, the Owner may terminate the Contract and provide a refund for the unused portion of the rental period.
      • Unsafe Operation: If the Renter or any member of their party operates the vessel in an unsafe manner that could cause harm to themselves, their passengers, or other boaters, the Owner may terminate the Contract without refund.
  1. Renter’s Responsibilities and Restrictions:
    • The Renter agrees to operate the boat responsibly and in compliance with all applicable laws, regulations, and safety guidelines.
      • The Renter shall be responsible for any damage caused to the boat, its equipment, or any third-party property during the rental period. In the event of any damage, the Renter authorizes the Owner to deduct the cost of damages from the security deposit held by the Owner. If the security deposit fails to cover the total cost of damages, the Renter agrees that the remaining balance will be charged to the credit card on file.
      • The Renter shall not sublease, assign, or transfer the boat to any other party without the written consent of the Owner.
      • The Renter shall not exceed the maximum capacity of the boat.
      • The Renter acknowledges that pets, smoking, and fireworks are strictly prohibited on board the boat.
  1. Insurance:
    • The Owner shall maintain adequate insurance coverage for the boat.
    • The Renter is encouraged to obtain their own insurance coverage for personal injury, loss, or damage.
  2. Indemnification:
    • The Renter agrees to indemnify and hold the Owner harmless from any claims, liabilities, damages, or expenses arising from the Renter’s use or possession of the boat.
  3. Governing Law and Jurisdiction:
    • This Contract shall be governed by and construed in accordance with the laws of [State/Country].
    • Any disputes arising under or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts of [State/Country].
  4. Dispute Resolution and Arbitration:
    • In the event that any issues or disputes arise concerning this rental agreement, both the OWNER and the RENTER agree to resolved by binding arbitration.
    • The arbitration shall be conducted in accordance with the rules and procedures of a recognized arbitration association mutually agreed upon by both parties. The costs and fees associated with the arbitration process shall be shared equally between the OWNER and the RENTER, unless otherwise determined by the arbitrator.
    • The decision of the arbitrator shall be final and binding upon both parties. The parties agree to abide by the arbitrator’s decision and waive their rights to seek resolution through litigation or any other legal proceedings, except to enforce the arbitrator’s decision.
  5. Entire Agreement:
    • This Contract constitutes the entire agreement between the Parties regarding the rental of the boat and supersedes any prior agreements or understandings, whether written or oral.
  6. Severability:
    • If any provision of this Contract is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By signing below, the Parties acknowledge that they have read, understood, and agreed to all the terms and conditions of this Boat Rental Contract.

 

Owner:

[Owner’s Name]

[Owner’s Signature]

[Date]

 

Renter: [Renter’s Name]

[Renter’s Signature]

[Date]

 

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