Rental Agreement

Rental Agreement and Release Form

By renting a boat from Blue Reef Boat Rentals ("we," "us," "our"), you agree to all terms set forth in this Rental Agreement and Release Form. You authorize Blue Reef Boat Rentals to charge the credit card provided for all fees, including but not limited to rental fees, damages, loss, late fees, cleaning fees, and fuel costs incurred.

All renters born after January 1, 1988, are required to show proof of having a Boater Safety Card before they will be allowed to rent.

It is the responsibility of the Lessee/Operator of the rental boat to heed all weather advisories and small craft warnings while the rental boat is in his/her possession to keep themselves and their family safe. No refunds will be issued regarding inclement weather, winds, non-use, or Lessee/Operator relinquishing the boat early before the end of the rental agreement period. Blue Reef Boat Rentals reserves the right to cancel this rental agreement due to impending tropical storms, hurricanes, or FEMA announced evacuations affecting the Florida Keys area. In this circumstance, the rental agreement will be prorated for any time the boat was in the Lessee/Operator’s possession. I acknowledge that I have read, understand, and agree with any and all terms and conditions set forth in this Rental Agreement.

All rentals require a secure deposit paid, which will be refunded when the boat or equipment is verified to be damage-free.

Renters pay all fuel costs, which will be determined upon return of the boat or equipment.

Full day rentals are from 9 AM to 5 PM. Multi-day rentals must be returned at 5 PM on the final day of the rental.

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LESSEE/RENTER acknowledges their responsibility for the safe and proper operation of the craft and for the safety and welfare of other craft operators and persons. It is AGREED AND UNDERSTOOD by LESSEE that LESSOR shall not be held liable for damages, inconvenience, or time lost caused by accident, breakdown, or malfunction of the rental craft/equipment. LESSEE further agrees to indemnify and save and hold harmless LESSOR from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation, or possession of said rental craft/equipment. LESSEE further agrees to hold the LESSOR harmless should loss or damage occur to any of the LESSEE’s personal property while carried in, or on, the rental craft/equipment, including loss or damage caused by fire, water, theft, or any other cause whatsoever.

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LESSEE/RENTER expressly agrees to indemnify and save and hold LESSOR harmless from, and against any and all loss, costs, damages, attorney fees, and/or liability in connection with enforcing the foregoing rental contract by LESSOR, including expenses incurred in collecting or attempting to collect delinquent rent and in the event of a suit by LESSOR to recover possession of said rented property and/or enforce any of the terms, conditions, and/or provisions hereof. It is understood and agreed that Venue of any action hereunder or this contract (agreement) and any addendum shall be governed by and construed in accordance with the laws of the State of Florida in the county of the LESSOR.

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The LESSEE acknowledges they have carefully examined the craft and finds it suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition; that they will maintain both craft and equipment in a safe, dependable condition while in their custody. All rental craft and equipment may be subject to an inspection by the LESSOR during the rental period. LESSOR reserves the right to refuse service to anyone.

INHERENT DANGER: The LESSEE understands and agrees that crafts and their operation is an inherently dangerous activity. The LESSEE certifies that they understand the rules and regulations for the safe operation of crafts. The LESSEE further agrees not to let anyone else operate the craft/equipment without likewise instruction on the rules and regulations for the safe operation of a craft.

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MINIMUM AGE: The LESSEE shall provide photo identification that they are at least 25 years of age.

HEALTH OF LESSEE: The LESSEE certifies that they are in good health, have no physical defects that may be of danger to themselves or anyone else, and that they are capable of safe operation of this craft. The LESSEE certifies that they are NOT under the influence of alcohol or drugs (legal or otherwise) and will remain so during the rental period.

CARE AND OPERATION: The LESSEE agrees to operate this craft only in a careful and proper manner, and to obey and comply with all laws and regulations for craft/equipment operation.

WARRANTY: The LESSOR makes no warranties, express or implied, as to the craft/equipment rented. The LESSEE assumes the responsibility for the condition of the craft. In the event of a malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft, the LESSEE will immediately report the same to LESSOR. Continued use of it shall be entirely at the LESSEE’s risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use. LESSOR’s ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous LESSEE or any other cause beyond the LESSOR’s control. The LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated based upon time used.

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The rules and regulations contained herein and as posted in the office, on the craft/equipment, and/or by the grounds of the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that they have read and understand said rules and regulations and further assumes the responsibility to see that their family and/or guests will obey the rules.

LIABILITY AND INDEMNITY: The LESSEE hereby agrees to bind themselves, their heirs, personal representatives, and assigns and hereby release and discharge its owners, employees, agents, and assigns from any and all claims, loss, costs, damages, expenses, actions, judgments, and attorney fees, which the LESSEE or the LESSEE’s heirs, personal representatives, or assigns may have, or claim to have, Blue Reef Boat Rentals LLC, its owners, employees, agents, and assigns including any claims for negligence created by or arising from the use, operation, handling, or transportation of the craft by the LESSEE or anyone else during the LESSEE’s rental period. Further, the LESSEE hereby agrees to defend, indemnify, and hold harmless, Blue Reef Boat Rentals LLC, its owners, employees, agents, and assigns from all claims, damages, costs, losses, expenses, actions, and judgments, which are created by or arise out of the LESSEE’s operation of the craft during the rental period. The LESSEE agrees to pay all claims brought by third parties resulting from the operation and/or use of this craft during the rental period.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and enforceability of the remainder shall not be affected and will remain in full force and effect.

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THE TERMS AND CONDITIONS of this contract contain the entire understanding between LESSEE and LESSOR and that no other representation or inducement, oral or written, has been made which is not included in the Rental Agreement.

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RISK OF LOSS OR DAMAGE: The LESSEE assumes all risks of loss or damage to the craft from any cause, and agrees to return the craft in the condition received from the LESSOR. The LESSEE agrees to return this craft on or before the expiration of the rental period in the condition it is in now. If the craft is damaged or lost, the LESSOR shall have the option of requiring the LESSEE to repair the equipment to a state of good working order, or replace the craft with a like craft in good repair.

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LESSEE agrees not to use, nor permit the use of the rental craft:

– for any unlawful purpose

– in a careless, negligent, or unsafe manner

– while under the influence of alcohol, liquor, and/or narcotics/drugs

– to carry passengers or property for hire

– to carry passengers in excess of the rated capacity of the boat

– to tow or propel any other boat or thing without the LESSOR’s written permission

– outside the area of use designated as the waters 15 miles from the shore on the Atlantic side and 15 miles from the shore in the Florida Bay, also operation is strictly forbidden in the Delta Shoals or Islamorada Sand Bars

– after sunset and before sunrise

– by any other person not the signatory of this agreement, or not equally qualified.

I certify that I am an experienced operator of outboard motors and boats. I have familiarized myself with a nautical chart of the area in which the craft/equipment will be used.

I have never been cited for unsafe boat operation, nor have I had an accident on the water.

Navigational Limitations: I will not remove any equipment from Monroe County, Florida, and I agree to restrict the operation of the craft rented to the following area: The waters 15 miles from the shore on the Atlantic side and 15 miles from the shore on the Florida Bay side. Operation of the rental craft is strictly forbidden in the Delta Shoals and Islamorada Sand Bar areas.

Overloading boat, water skiing, towing, operating the boat while impaired, possession of contraband, illegal activities, and/or Night operation of the rental craft is strictly forbidden. Upon violation of these terms, LESSEE will lose possession of the boat & agrees to pay for the full term of the rental agreement plus any additional charges.

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Damage deposits for all boat rentals will be between $1,000 depending on boating knowledge and experience. This deposit will be charged to the credit card provided. Cash paying customers must also have a valid credit card for the security deposit. Security deposits will be refunded within 10 days of the final rental date, less all fees including but not limited to lost items, damages, and fuel/oil costs incurred.

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All cancellations must be made at least 48 hours prior to your trip’s scheduled departure time or scheduled rental time. Cancellations less than 48 hours will result in the loss of security deposit. To request a cancellation, please call 1-305-849-4498. Failure to request a cancellation within such time will result in a one-day rental charge.

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Florida Statute 327.54: “When the livery has complied with subsections (1), (2), and (3) its liability ceases and a person leasing the boat from the livery is liable for any violations of this chapter and is personally liable for any accident or injury occurring while in charge of such boat.” I have read Florida Statute 327.54. I understand and agree to the charges as invoiced and to the Terms and conditions of this rental agreement.

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Failure to return rental property, craft, or equipment upon expiration of the rental agreement/period and failure to pay all amounts due (including costs for damage to property, craft, or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155 Florida Statutes. I have read and understand this statement.

Stop the boat before proceeding under any low bridges. Lower the antennas and outriggers, as serious damage to the boat will result. Lessee is responsible for all damages to the boat.

I am responsible for all citations incurred during the rental period and operation of the rental craft.

I am aware of “no wake” & “idle speed” rules, as well as the safe operating speeds for the craft/equipment with regard to conditions when underway & that responsibility for damage to this craft/boat, other crafts/boats, & persons is my sole responsibility.

I acknowledge receipt of the craft, motor, & equipment and will return the same by 5:00 PM on the final day of the rental period. If returned late, damaged, dirty, and/or lost items, Lessee agrees on demand to pay Blue Reef Boat Rentals additional charges as listed: Late Fee $50/hour, Cleaning Fee $150, Boat equipment as listed at Retail Cost.

I acknowledge that I have read, understand, and agree with any and all items and/or conditions as set forth in this Rental Agreement.