Boat Rental Agreement

Additional Definitions:

“Rental Agreement”: means this Boat Rental Agreement by and between PRB and the Renter and all Approved Captains.
“PRB”: means Traina Enterprises, Inc., a Georgia corporation conducting business as “Paradise Rental Boats,” a company that provides boats, personal watercrafts, equipment, and services related to the boat rental industry.
“Renter”: means, whether one or more, the individual(s) entering into this Rental Agreement to rent the Watercraft and Equipment from PRB, responsible for compliance with this Rental Agreement. The individual(s) listed as the Renter is financially responsible for all rental fees and any other fees, expenses and/or any other amounts due hereunder. The Renter is not necessarily an Approved Captain unless specifically qualified and named as such herein.
“Approved Captain(s)”: means any individual(s) who meets all criteria outlined in Exhibit B in this Rental Agreement that have been explicitly authorized by PRB and the Renter to operate the rented Watercraft and oversee use of all Equipment within the confines of and at all times subject to this Rental Agreement. This may include the Renter if the individual listed as Renter meets all criteria outlined in Exhibit B.
“Watercraft(s)”: means the specific vessel(s) listed in the Rental Agreement, including all rented boats and PWCs.
“PWC” (Personal Watercraft): means a Class A vessel with either an outboard motor or an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of propulsion, that is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel, and has the probability that the operator and passenger may, in the normal course of use, fall overboard and/or capsize the vessel. A PWC is also commonly referred to as a “jet ski.”
“Equipment”: means any and all ancillary items supplied by PRB for use during the rental period, including but not limited to safety gear, navigation equipment, dock lines, bumpers, and anchors.
“Guests”: mean all individuals who have signed PRB’s standard waiver and permitted aboard the rented Watercraft by the Renter and/or Approved Captain(s) during the rental period. No other persons shall be permitted on or near the Watercraft.
“Marina”: means the designated docking location or facility where the rented Watercraft is initially launched.

Terms and Conditions

In consideration of the mutual covenants and conditions contained herein, PRB agrees to rent to the Renter the above-described Watercraft and Equipment for the period specified in this Rental Agreement. The Renter covenants and agrees that the Watercraft will at all times be operated in a safe and careful manner and in compliance with all applicable maritime, federal, state, and local laws. The Renter further represents that all information provided in this Rental Agreement and to PRB is true and correct. The Renter agrees to pay the reservation payment, rental fees, and any other charges as specified in this Rental Agreement.

Security Deposit
1. Upon execution of this Rental Agreement, the Renter shall deposit with PRB a Security Deposit in the amount elected by the Renter in Section 1.6 below (the “Security Deposit”). This Security Deposit is in addition to the rental payment and any rental charges or service fees. The Renter hereby authorizes PRB to charge the Renter’s credit card on file for the full amount of the Security Deposit, along with any other costs incurred by the Renter in accordance with the terms of this Rental Agreement.
  The Security Deposit shall be held by PRB as security for the Renter’s full compliance with this Rental Agreement and all applicable laws, including, but not limited to:
  1. The Renter’s failure to return the Watercraft in as good condition as when received, ordinary wear and tear excepted.
  2. Reimbursement of any property or articles damaged, missing, or broken.
  3. Reimbursement for consumable items that may have been used and not paid for by the Renter.
2. This Security Deposit is not considered an advance payment of the any fees or a measure of PRB’s damages.
3. PRB may, without prejudice to any other remedy, apply the Security Deposit against any losses, costs, expenses, damages, claims, causes of action, demands, and liabilities of every kind and nature (collectively referred to as “Losses”) arising from or related to the Renter’s rental, use, operation, and/or possession of the Watercraft and Equipment, including, but not limited to:
  1. Any Losses incurred due to the Renter’s failure to observe any provision of this Agreement.
  2. Any violation of any applicable federal, state, municipal, or maritime laws.
  3. Any damage to the Watercraft or Equipment, whether caused by the Renter, Approved Captains, Guests, other boaters or otherwise.
4. Any unused portion of the Security Deposit will be returned to the Renter after the rental period is complete, provided no additional Losses have accrued as specified in this Rental Agreement. In cases where PRB determines in its sole discretion that the full extent of the Losses are not immediately and/or easily ascertainable, the Security Deposit shall be retained, and any remaining portion will be returned to the Renter within sixty (60) days after the termination of this Rental Agreement.
5. PRB’s ability to seek damages in excess of the Security Deposit is not limited or affected in any manner. The Renter will be responsible for any and all Losses not covered by the Security Deposit.
Non-Refundable Damage Waiver
1. The Renter acknowledges and agrees that the selection of a damage waiver is optional but must be made prior to the commencement of the rental period. By selecting a damage waiver, the Renter agrees to the corresponding terms and conditions as set forth below.
2. Accidental Collision Waiver
  1. This accidental collision waiver (the “Accidental Collision Waiver”) provides coverage for damages resulting from an accidental collision with another vessel, provided that the Renter is not at fault for the incident and the information required by Section 2.2b below is timely provided.
  2. The Renter must obtain and submit an official report from the relevant authorities in the form and substance satisfactory to PRB in its sole discretion (e.g., the coast guard, the Georgia Department of Natural Resources (DNR), Marina staff, and law enforcement) verifying that the Renter was not responsible for the collision.
  3. This waiver does not cover damages arising from negligence (gross or otherwise), reckless operation, intentional misconduct, failure to comply with rental terms, or violations of any boating laws and regulations.
  4. If the Renter is found to be at fault for the collision, the Renter shall be fully responsible and liable for all Losses.
  5. This waiver does not extend to Losses caused by grounding, striking submerged objects, or improper docking.
  6. A deductible of five hundred dollars ($500) may apply in the event of a claim.
  7. The fee for the Accidental Collision Waiver is [____] dollars ($[__]) per rental period.
3. Comprehensive Damage Waiver
  1. This comprehensive damage waiver (the “Comprehensive Damage Waiver”) includes all coverage provided under the Accidental Collision Waiver.
  2. Additionally, this waiver provides coverage for minor damages up to five hundred dollars ($500), including but not limited to:
    1. Small scratches or scuffs to the hull;
    2. Minor interior damage, including small tears or stains on seating;
    3. Minor propeller damage, such as nicks or dings that do not require replacement;
    4. Other incidental damages, provided such damages do not result from gross negligence or intentional misconduct.
  3. This Comprehensive Damage Waiver does not cover major structural damage, engine failure, or significant accidents.
  4. Any Losses exceeding five hundred dollars ($500) shall remain the sole responsibility of the Renter.
  5. Any Losses resulting from intentional misconduct, negligence, gross negligence, or violations of rental terms shall void this coverage, rendering the Renter fully liable for all associated costs.
  6. The fee for the Comprehensive Damage Waiver is [____] dollars ($[__]) per rental period.
4. General Terms & Conditions
  1. The selection of a damage waiver is voluntary and must be confirmed in writing prior to departure.
  2. The Renter agrees to comply with all applicable boating laws, safety regulations, and the policies of the Marina and PRB.
  3. The Renter shall promptly report any damage sustained during the rental period to PRB.
  4. If the Renter elects not to purchase a damage waiver, the Renter assumes full financial responsibility for any and all Losses incurred to and otherwise regarding the rental vessel.
Credit Card on File
1. The Renter agrees to provide PRB with a valid credit card to be kept on file. This card may be charged in the event that Losses or additional charges exceed the Security Deposit, for additional rental time, the purchase of additional equipment, late fees, and/or other incidentals and charges. The Renter irrevocably authorizes PRB to charge the credit card on file for all of the aforementioned charges.
Condition of Watercraft and Equipment Upon Delivery
1. PRB rents the Watercraft and Equipment in good, operable condition, in proper working order, with full equipment, including that required by applicable law, and in clean and satisfactory condition, ready for use by the Renter. The Renter certifies that they will fully inspect the Watercraft and Equipment before departure. By accepting delivery and use thereof, the Renter agrees that the Watercraft and Equipment are in safe and operable condition and are properly outfitted. Upon delivery, and throughout the use period, the Renter is responsible for the operation, control, and possession of the Watercraft and Equipment, as well as any associated expenses, except as otherwise stated in this Agreement.
Cancellation/No-Show Policy
1. The Renter acknowledges that PRB’s ability to provide the Watercraft and Equipment depends on the return of the Watercraft and Equipment by the previous Renter and other factors beyond PRB’s reasonable control. If the Renter is not present or ready to accept delivery at the agreed-upon time, PRB reserves the right to rent the Watercraft and/or Equipment to another customer. The Renter understands that once the Watercraft and Equipment are reserved, they are unavailable for other customers, and as such, any cancellations, changes in dates, shortening of the rental period, or any other modifications may result in a fee and or forfeiture of the full amount paid, as determined by PRB in its sole discretion. All cancellations made with at least 48-hours’ notice will result in a 90% refund of the full rental fee. Any cancellations made within 48 hours of the scheduled departure or in the event of a “no-show” will result in the forfeiture of the full amount of the rental amount, and PRB will retain 100% of the funds paid.
Inclement Weather Policy
1. In the event of inclement weather that prevents safe boating as determined by PRB in its sole discretion, PRB will issue a rental credit for the amount of time lost, converted to a dollar value based on the rental rate.
  1. Rental credits are issued only for time lost due to weather conditions deemed unsafe for boating by PRB.
  2. The credit amount will be calculated based on the unused portion of the rental period as of the date of the rental.
  3. Rental credits are valid for one (1) year from the date of issuance and are non-transferable.
  4. To redeem the credit, the renter must book and pay in full for a future rental. The credit will then be applied at check-in on the day of the rental.
  5. Rental credits have no cash value and cannot be refunded or exchanged.
  6. All rebooking’s are subject to availability and standard rental policies.
  7. PRB reserves the right to restrict the use and or make void of rental credits for any reason.
Equipment Inventory
1. An inventory of equipment and supplies will be provided to the Renter at the time of delivery. The Renter must inspect the Watercraft, Equipment, and all other items and note any defects or missing items on the inventory list. The Renter will be responsible for payment of any damaged or missing items unless covered by the Comprehensive Damage Waiver. By accepting delivery, the Renter acknowledges that the equipment and inventory is correct and that they have inspected all items and found no defects except those noted at the time of acceptance.
Fuel and Consumables
1. The Renter is responsible for all fees, charges, and expenses related to the use and operation of the Watercraft and Equipment during the rental period, including fuel. However, the Renter may not contract on behalf of PRB or otherwise bind PRB to pay any such costs
2. The reservation payment does not include fuel costs. The fuel level at departure is documented, and upon return, PRB will refuel the watercraft to the recorded level and charge the Renter for the fuel at PRB’s then-current pricing. The Renter and their party are not authorized to refuel the watercraft at any time during the rental period unless directed by PRB.
Accident, Breakdown, or Malfunction
1. In the event of an accident, malfunction, or breakdown, the Renter shall immediately report the issue to PRB and call 911 in the case of an emergency. The Renter assumes the risk of same and agrees that PRB shall not be held liable for any Losses, inconvenience, or time lost due to an accident, breakdown, or malfunction of the Watercraft or Equipment. The Renter understands and agrees that, in the event of a collision, accident, or other casualty, the Renter shall, to the extent possible and without causing serious danger to the Watercraft and the Guests, provide assistance to other persons affected by the incident, as may be necessary to prevent or minimize injury or danger. The Renter further agrees to cooperate fully with any investigation conducted by PRB and any governmental, regulatory, or law enforcement agency. No repairs may be performed on the Watercraft or Equipment by the Renter. If any accident, malfunction, breakdown, or defect is caused, in whole or in part, by an act of willful misconduct, gross negligence, or negligence of the Renter, the Security Deposit shall be applied to cover all Losses as set forth above, and the Renter shall be liable for any Losses exceeding the amount of the Security Deposit. This does not limit PRB’s ability to seek additional damages through legal or equitable means.
Repairs
1. The Renter acknowledges that PRB cannot guarantee against mechanical failures of the Watercraft or Equipment and the Renter assumes all risk of same. The Renter agrees to notify PRB immediately if any defect or malfunction is discovered. After discovery of any defect or malfunction, the Renter’s continued use of the Watercraft or Equipment shall be at the Renter’s own risk, and the Renter assumes all risk of Loss, injury, or damage to persons or property that may occur from any continued use. Except for ordinary wear and tear, the Renter agrees that repair costs may be deducted from the Security Deposit as Losses. If repair costs exceed the amount of the Security Deposit, the Renter will be billed by PRB for the full amount of the Losses caused during the rental period, including reasonable attorneys’ fees, if applicable.
Theft or Loss
1. The Renter is responsible for any loss or theft of the Watercraft, Equipment, or any supplies, or any parts thereof, and shall pay PRB the full cost of repair or replacement. In the case of theft or loss, the Renter is responsible for the full replacement value of the Watercraft, Equipment and any supplies, or any parts thereof.
Condition Upon Return
1. The Renter shall return the Watercraft and Equipment to the designated docking area at the Marina from which it was launched at the specified time and date, clean and free of garbage and debris, and in the same condition as when delivered, except for ordinary wear and tear. The Renter is responsible for all Losses caused to the Watercraft and/or Equipment during the rental period. PRB may retain part or all of the Security Deposit to cover repairs or replacements for any Losses. The Renter acknowledges that they are responsible for all Losses, even if the total exceeds the amount of the Security Deposit or credit card authorization. If the Renter fails to return the Watercraft and/or Equipment on time, the Renter agrees to pay a late charge of $100 for every 15 minutes past the scheduled return time and forfeits the entire Security Deposit if more than 60 minutes late. No refunds will be issued for failures to depart or early returns.
Limitation on Use
1. The Renter and Approved Captain(s) each agrees, warrants, and represents that they have read and understood the Rules and Regulations attached to this Agreement as Exhibit A and fully incorporated herein by reference. The Renter and Approved Captain(s) agree to comply with all Rules and Regulations regarding the operation of the Watercraft and Equipment at all times. The Renter and Approved Captain(s) each understands that PRB does not consent to any use of the Watercraft or Equipment that is in violation of any of the Rules and Regulations contained in Exhibit A. PRB reserves the right to immediately seize and reclaim the Watercraft and/or Equipment at any time during the rental period, without refunding the reservation fee, if the Watercraft and/or Equipment is being used or operated in violation of the Rules and Regulations, in a reckless, negligent, or unsafe manner, or under the influence of alcohol or drugs, or if illegal substances are found on board. Additionally, PRB may take such action if the Renter is causing a disturbance to the public or if the Renter or their Guests fail to comply with the Rules and Regulations attached to this Agreement. Any violations may result in legal action and potential liability for all Losses.
2. The Renter or Approved Captains(s) may not sublet, lease, rent, or otherwise allow any third party to come aboard, operate or use the Watercraft or Equipment during the rental period. Additionally, the Watercraft may not be used for any commercial purposes, including but not limited to charters, tours, rentals, or any activity generating revenue. The Watercraft is for recreational use only by the Renter, the Approved Captain(s) and their authorized Guests. Any violation of this provision will result in immediate termination of the Rental Agreement without a refund and may incur additional penalties.
3. The Renter and all Approved Captains each hereby acknowledges, agrees, and fully understands that none of the Watercrafts owned or operated by PRB are designed, intended, or equipped to safely accommodate any non-manufacturer-provided seating or other equipment. This explicitly includes, but is not limited to, wheelchairs, strollers, car seats, booster seats, or any similar apparatuses or devices. The Renter and Approved Captains each further agrees not to bring aboard, install, or utilize such non-manufacturer-approved seating or equipment on any PRB boat, as doing so may compromise safety and could result in injury or Losses for which PRB will bear no responsibility or liability.
Operation
1. Except as provided herein, only the Renter and Approved Captains shall have PRB’s consent to operate/use the Watercraft and Equipment. The Renter certifies that both the Renter and all Approved Captains meet all of the age and license requirements set forth in Exhibit B, and that the Renter and Approved Captains (if applicable) agree to operate the Watercraft in strict accordance with the Rules and Regulations outlined in Exhibit A. The Renter and Approved Captain(s) each further certifies that the Watercraft will be operated in a reasonable and prudent manner, considering other watercraft, wakes, and all other relevant circumstances, so as not to endanger persons or property. The Renter and Approved Captain(s) each also agrees to comply with all safety and navigation markers, signs, buoys, and posted operation restrictions, including speed limits, wake regulations, area access, hazards, and all applicable laws and regulations. The Renter and Approved Captain(s) each agrees not to allow any other persons other than themselves and Guests on or near the Watercraft and not to exceed the maximum passenger limit for the Watercraft and acknowledges responsibility for the safety and well-being of all Guests.
2. PRB does not consent to any operation of the Watercraft and Equipment that is in violation of any of the Rules and Regulations contained in Exhibit A. PRB does not consent to any operation of the Watercraft and/or Equipment by any person while under the influence of alcohol or drugs (prescription or otherwise), while any individual on the Watercraft and/or Equipment is intoxicated or in possession of illegal drugs, while any individual on the Watercraft and/or Equipment is sitting on the front (bow), sides (gunwales), rear (stern), or swim platform. Upon any operation of the Watercraft and/or Equipment in violation of any of the Rules and Regulations contained in Exhibit A or any other part of this Agreement, any prior Consent given by PRB shall immediately terminate.
Insurance
1. The Renter and Approved Captain(s) each understands that PRB has an insurance policy which insures PRB and does not insure or otherwise cover the Renter, Approved Captains, or Guests. Any insurance policies that any of the Renter, Approved Captains, or Guests have may not cover Losses, damages or injuries caused directly or indirectly by their operation of a PRB vessel. Any of the Renter, Approved Captains, and/or Guests may be personally liable for any such Losses, damages or injuries. The Renter and all Approved Captains each understand and acknowledge that the Official Code of Georgia Annotated (O.C.G.A.) Section 51-1-22.1 specifically states in part:
  - “(1) The operator of a vessel rented, leased, or chartered from a boat livery [i.e., a business which holds any vessel for renting, leasing, or chartering] shall be liable for any injury or damage occasioned by the negligent operation of such vessel, whether the negligence consists of a violation of the statutes of this state or of neglecting to observe such ordinary care in such operation as the rules of common law require; and
  - (2) Such boat livery shall not be liable as an owner as provided for in Code Sections 51-1-21 and 51-1-22 and shall only be liable for any tort caused by the operation of a vessel that the boat livery rented, leased, or chartered:
  - (A) To an individual who the boat livery knew or should have known at the time of or before providing the vessel was not a reasonably safe operator of the vessel;
  - (B) To an individual who the boat livery knew or should have known did not meet the applicable requirements provided for in Code Section 52-7-8.3 or 52-7-22;
  - (C) To an individual who the boat livery knows is operating the vessel in a manner that is reckless or under the influence of any substance such that the judgment of the operator is substantially impaired, and the boat livery does not take reasonable steps to ensure such vessel is not operated in such a manner;
  - (D) When a reasonable inspection revealed or should have revealed that such vessel was not in reasonably safe operating condition; or
  - (E) When such vessel was not in reasonably safe operating condition based on acts or omissions of the boat livery.
2. If any of the Renter and/or Approved Captain(s) does not have insurance for such risks, it is the Renter’s and Approved Captain’s(s’) exclusive responsibility to obtain such coverage before using the Watercraft. The Renter and Approved Captain(s) each understands that any insurer providing coverage to the Renter or others on the Watercraft has no right of subrogation against PRB.
Express Assumption of Risk
1. The Renter and Approved Captain(s) each understands that boating and water activities can be hazardous and pose substantial risks that can result in personal injury, death, and damage to property. The Renter and Approved Captain(s) each agrees that they are renting, operating, and/or using the Watercraft and Equipment at their own risk. The Renter and Approved Captain(s) each voluntarily participates in all activities related to the rental, operation, or use of the Watercraft and Equipment, and assumes all risk of injury, damage, or Loss that may result, EVEN IF SUCH RISKS ARISE OUT OF THE NEGLIGENCE OR FAULT OF PRB. THE RENTER AND APPROVED CAPTAIN(S) HEREBY WAIVE ANY CLAIM FOR PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY ARISING OUT OF THE RENTAL, OPERATION, OR USE OF THE WATERCRAFT AND/OR EQUIPMENT, WHETHER SUCH CLAIM ARISES OUT OF STATUTE, COMMON LAW, NEGLIGENCE, OR CONTRACT.
Release of Liability
1. PRB shall not be liable to the Renter, Approved Captain(s), Guests, any minor children under the Renter or Approved Captain’s(s’)s custody, care, or control, or those claiming by, through, or under the Renter or any Approved Captain(s), for any injury, death, damage, or Loss of property (collectively, “Damages”) caused by or arising from the condition of the Watercraft or Equipment, or any activities related to the rental, use, possession, or operation of the Watercraft or Equipment, REGARDLESS OF WHETHER THE NEGLIGENCE OF PRB CAUSED SUCH DAMAGES IN WHOLE OR IN PART. The Renter assumes full responsibility for any such Damages and further agrees that the Renter shall not be liable for any loss or theft of personal property.
Indemnity
1. The Renter and Approved Captain(s) each, jointly and severally, agrees to indemnify, defend, and hold harmless PRB, its successors, assigns, agents, employees, contractors, managers, partners, directors, officers, members, stockholders, affiliates, and attorneys (collectively, the “Indemnified Parties“) from and against all Losses, costs, liabilities, claims, demands, fines, suits, actions, and judgments of every kind or character, whether pursuant to alleged violation of a statute, common law, or contract, arising from:
  1. the rental, use, or operation of the Watercraft and/or Equipment by the Renter and/or Approved Captain(s), or anyone else during the rental period,
  2. the Renter and/or Approved Captain(s) failure to perform any of their covenants under this Agreement (including Exhibit A, Exhibit B, the Privacy Policy referenced below, and any other exhibits and schedules attached hereto), or
  3. any Damages that are incident to, arise out of, or are caused, either proximately or remotely, wholly or in part, by the Renter, Approve Captain(s) or any other person using or occupying the Watercraft or Equipment, REGARDLESS OF WHETHER THE NEGLIGENCE OF PRB CAUSED SUCH DAMAGE. However, this indemnification shall not apply to the extent that such Loss, damage, or injury is caused by the gross negligence of PRB or any of its duly authorized agents or employees.
Governing Law, Jurisdiction, Venue, and Attorneys’ Fees
1. This Agreement shall be construed and governed by the laws of the state in which the Marina is located, without regard to its rules of conflict of laws. The parties consent to exclusive jurisdiction and venue in the federal courts located in the county where the Marina is located, unless no federal jurisdiction exists, in which case the parties consent to exclusive jurisdiction and venue in the state courts where the Marina is located. Each party waives all defenses of lack of personal jurisdiction and forum non conveniens in such forums. Process may be served on any party in the manner authorized by applicable law or court rule. In the event of any dispute regarding this Rental Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, court costs, and expenses from the other party.
Specific Notice Regarding Release and Indemnity
1. IT IS EXPRESSLY AGREED AND UNDERSTOOD THAT THIS AGREEMENT INCLUDES INDEMNIFICATION, RELEASE, EXCULPATION, AND/OR WAIVER PROVISIONS WHICH, IN CERTAIN CIRCUMSTANCES, COULD MAKE THE RENTER AND/OR APPROVED CAPTAIN(S) LIABLE AND RESPONSIBLE FOR THE CONSEQUENCES OF THE NEGLIGENCE OF PRB, EXCLUDING PRB’S GROSS NEGLIGENCE. THE RENTER AND APPROVED CAPTAIN(S) EACH ACKNOWLEDGES THAT THEY HAVE CAREFULLY REVIEWED THE PROVISIONS OF THIS RENTAL AGREEMENT AND THAT THEY HAVE ACTUAL NOTICE OF SUCH INDEMNITY, RELEASE, EXCULPATION, AND/OR WAIVER PROVISIONS. THE RENTER AND APPROVED CAPTAIN(S) EACH UNDERSTANDS THAT CERTAIN RISKS AND LIABILITIES OF PRB HAVE BEEN SHIFTED TO THE RENTER AND/OR APPROVED CAPTAIN(S) WHERE, BUT FOR THE PROVISIONS OF THIS AGREEMENT, SUCH RISKS AND LIABILITIES MIGHT HAVE REMAINED THE RESPONSIBILITY OF PRB.
Severability
1. If any provision of this Agreement or the application thereof to any person or circumstance is found to be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected, and such provisions shall be enforced to the greatest extent permitted by law.
Entire Agreement
1. This Rental Agreement, the Rental Agreement Summary and any exhibits attached hereto, constitutes the entire agreement between the parties regarding the matters covered herein. No other agreement, statement, or promise made by any party or any employee or agent of any party, whether oral or written, which is not included in this Agreement, shall be binding or valid. In entering into this Agreement, the Renter and Approved Captain(s) has not relied upon any representation, warranty, or promise made by PRB or its employees, agents, or representatives but has relied solely on the Renter and Approved Captain(s) own judgment.
Miscellaneous
1. The rights of PRB hereunder shall inure to the benefit of its successors or assigns and are freely assignable at any time, in whole or in part, by PRB. The covenants of the Renter and Approved Captain(s) contained herein shall be binding upon their heirs, executors, administrators and legal representatives. Any right hereunder may be waived, modified or deferred, but only upon the prior written consent of the party holding such right and, if applicable, only for the time period specified in such consent. No waiver shall constitute waiver of the same or any other breach hereof or variation herefrom. In the event any claim is made by any party relating to any conflict, omission or ambiguity in this Rental Agreement, no presumption or burden of proof or persuasion shall be implied by virtue of the fact that this Rental Agreement was prepared by or at the request of a particular party or that party’s counsel.

Exhibits

The following Exhibits are attached to and incorporated into this Rental Agreement:

Exhibit A – Rules and Regulations
Exhibit B – Approved Captain(s) Requirements

Disclosure of Additional Documents

The Renter and Approved Captain(s) each acknowledges that the following documents have been made available for review and are available online at: https://www.bestinboating.com/privacy-policy. All such forms, documents, and disclosures are incorporated herein by reference and are subject to change at PRB’s sole discretion.

Exhibit A

Rules and Regulations

This Exhibit establishes the mandatory rules and regulations for the operation of the rental watercraft (the “Rules and Regulations”). The Renter and Approved Captain(s) each are REQUIRED to adhere to these guidelines at all times to ensure a safe and responsible experience. FAILURE TO COMPLY WILL RESULT IN IMMEDIATE TERMINATION OF THE RENTAL AGREEMENT AND ADDITIONAL PENALTIES.

SECTION A1: LIFE SAVING JACKETS
1. Use of any watercraft owned by PRB is PROHIBITED unless all Guests the Renter, Approved Captain(s) and any one else on or near the Vessell, wear a U.S. Coast Guard-approved lifesaving jacket while in the water.
2. The Approved Captain(s) MUST REQUIRE all Guests who are elderly, medicated, mentally or physically disabled, intoxicated, or under the age of 13 to wear a U.S. Coast Guard-approved lifesaving jacket AT ALL TIMES.
3. The Approved Captain(s) MUST KNOW the location of the throwable flotation device and be prepared to use it in case of an emergency. The motor MUST be turned off before assisting any person in the water.
SECTION A2: SAFETY
1. The Approved Captain(s) MUST maintain proper lookout at all times using sight and hearing, ensuring safe maneuvering.
2. Operating the boat under the influence of alcohol or drugs is PROHIBITED and will result in IMMEDIATE termination of PRB’s consent to use of the boat and of the rental.
3. The possession or use of illegal drugs on the boat is PROHIBITED and will result in IMMEDIATE termination of PRB’s consent to use of the boat and of the rental.
4. Diving headfirst off any part of the boat is PROHIBITED. Persons may only enter water that is deemed deep enough and must enter feet first.
5. The engine cut-off device MUST be used at all times when equipped.
6. Jumping off the boat is PROHIBITED.
7. Only one Guest is permitted to use the slide at any given time. Each Guest must wait until the engine has been turned off, the keys have been removed, and the landing area is clear before going down the slide.
8. ALL Guests must maintain at least 3 points of contact when moving around the boat and should be seated when the engine is running.
SECTION A3: NAVIGATION
1. If there is a threat of collision, the Approved Captain(s) MUST slow down, steer away, and/or make efforts to avoid the collision.
2. If there is a threat of collision, the Approved Captain(s) MUST slow down, steer away, and/or make efforts to avoid the collision.
3. When meeting another boat head-on, the Approved Captain(s) should steer to the right (starboard) when possible to avoid collision.
4. When overtaking another boat, pass on the left (port) side when possible, leaving ample room. If necessary, passing on the right (starboard) side is allowed with extreme caution.
5. The Approved Captain(s) MUST YIELD to all larger, slower, or less maneuverable boats and boats under sail.
6. The boat MUST remain at least 100 yards from shore, people in the water, docks, piers, and bridges at all times when operating above idle speed.
7. The Approved Captain(s) MUST COMPLY with all safety and navigation markers, signs, buoys, and posted operation restrictions.
SECTION A4: AWARENESS ZONE
1. The Awareness Zone extends 30FT behind and completely around the boat. The spinning blades of propellers are EXTREMELY DANGEROUS and can be fatal. The engine must be off and the keys removed before any Guests may enter the water within the Awareness Zone.
2. Guests MUST NOT swim, slide, or jump in the Awareness Zone unless:
  1. The boat is turned OFF.
  2. The keys are REMOVED from the ignition.
  3. The Renter and Approved Captain(s) have counted to 10 to ensure the propeller has completely stopped spinning.
SECTION A5: OPERATION
1. The watercraft MUST remain at idle speed within 100 feet of all swimming areas, beaches, docks, boats, or other structures in the water and No Wake Zones.
2. Stopping quickly is IMPOSSIBLE, particularly at high speeds. The Approved Captain(s) MUST operate at safe speeds AT ALL TIMES.
3. The total capacity of the boat MUST NOT exceed the limit posted on the U.S. Coast Guard-approved capacity plate.
4. The boat MUST be anchored in a visible location and NEVER in areas with high-speed boat traffic, such as main channels or open water.
5. The Approved Captain(s) MUST know how to use navigation and anchor lights and display them properly in conditions of darkness and/or poor visibility.
6. Grilling or cooking on the boat is STRICTLY PROHIBITED.
7. The Approved Captain(s) MUST NOT exceed the maximum passenger limit or the maximum weight limit for the Watercraft.
SECTION A6: WATERSPORT SAFETY
1. Tow sports participants (waterskiing, tubing, wakeboarding, wake surfing, knee boarding) MUST remain at least 30FT behind the boat when the motor is running.
2. Tow sports MUST ONLY be conducted when there is an additional competent adult lookout besides the boat operator.
3. When approaching a down skier or swimmer, the driver MUST approach the driver’s side at a safe idle speed, keeping them in view at all times. The motor MUST be turned off before they enter the Awareness Zone (30FT from the watercraft).
4. ALL tow sports participants MUST wear a properly fitted, U.S. Coast Guard-approved, impact-rated life vest.
5. Tow sport equipment, especially tow lines, MUST be properly stowed before starting the engine to prevent serious injury.
SECTION A7: GENERAL RULES
1. No weapons or illegal drugs are allowed aboard the Watercraft AT ANY TIME.
2. ONLY Approved Captain(s) are allowed to operate the Watercraft. Unauthorized operation is STRICTLY FORBIDDEN.
3. The Renter and Approved Captain(s) MUST NOT start the Watercraft while the anchor is in the water and MUST NOT pull up the anchor too quickly to prevent damage.
4. The Renter and Approved Captain(s) MUST never dock or secure the watercraft in a manner that could cause damage to the watercraft.
5. The Renter and Approved Captain(s)MUST comply with ALL operating, fire, and safety regulations onboard the Watercraft.
6. PRB reserves the right to IMMEDIATELY seize and reclaim the Watercraft if it is operated in a reckless, negligent, or unsafe manner or otherwise in violation of these Rules and Regulations.

Exhibit B

Approved Captain Requirements

This Exhibit establishes the mandatory requirements to be an “Approved Captain” and be granted consent to operate the contracted Watercraft. The Renter may not allow anyone who does not meet ALL of the mentioned requirements to operate any Watercraft owned or operated by PRB. If an individual fails to meet all of the requirements listed in this exhibit, the individual is prohibited from being an Approved Captain and does not have consent to operate any vessel owned by PRB. ANY SUBMISSION OR PROVISION OF FALSE, INACCURATE, OR MISLEADING INFORMATION SHALL BE DEEMED AN ACT OF INTENTIONAL MISCONDUCT, AND PRB RESERVES THE RIGHT TO PURSUE LEGAL ACTION AGAINST THE INDIVIDUAL RESPONSIBLE FOR PRESENTING SUCH INFORMATION.

SECTION B1: DRIVERS LICENSE REQUIREMENTS
1. All Approved Captains must possess a valid driver’s license issued by the appropriate governing authority.
2. All Approved Captains must consent to have a copy of their current Driver’s License stored by PRB.
SECTION B2: BOATER SAFETY COURSE (BSC)
1. All Approved Captains must have completed a boater safety course (BSC) approved by PRB. These results must be confirmed by PRB prior to being considered an Approved Captain.
2. An approved BSC must be completed prior to the check in process. Anyone that has completed the approved BSC but has not been added as an Approved Captain does not have consent to operate any Watercraft owned by PRB.
SECTION B3: AGE REQUIREMENTS
1. All Approved Captains must be at least 25 years of age at the time of the rental to be eligible to be an Approved Captain.
SECTION B3: ADDITIONAL REQUIREMENTS
1. Those who have been convicted of driving under the influence (DUI), whether it be a boat, car or other vehicle, in the last 48 months is not eligible to be an Approved Captain. It is the duty of the individual seeking approval as an Approved Captain to identify and disclose any such conviction
2. Approved Captain(s) must sign a rental agreement as well as any additional documentation required by PRB.
3. Approved Captain(s) must be present during the in-person safety presentation on the Watercraft and sign stating that they were.
4. Approved Captain(s) must be able to read and understand the English language sufficient to comprehend all requirements, restrictions, written instructions, safety guidelines, and legal documents provided by PRB related to the operation of a Watercraft and/or Equipment.
5. Approved Captain(s) must be able to move themselves in and out of the helm (driver seat) without assistance.
6. Approved Captain(s) must not have been diagnosed or have knowledge of any medical condition(s) or impairment(s) that could potentially impact safe operation of the Watercraft.
7. Approved Captain(s) are PROHIBITED from consuming any drugs, alcohol, or any medication that could impair judgment, cognitive abilities, or motor skills for at least 24 hours prior to and throughout the entirety of their rental period. Failure to comply with this requirement will result in immediate termination of PRB’s consent to operation and use of the Watercraft and/or Equipment, immediate termination of the rental agreement without refund, and Approved Captain(s) may incur additional legal and financial liabilities.
8. PRB’s consent to the use of any Watercraft and/or Equipment is expressly contingent upon the Renter, Approved Captain(s), and all Guests agreeing not to use or possess any illegal drugs while on or using PRB’s premises, Watercraft, and/or Equipment.
9. PRB reserves the right to refuse authorization to any individual to become an Approved Captain regardless of their qualifications. Furthermore, PRB reserves the right to revoke consent to an Approved Captain at any time for any reason.

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