Date:__________________________
RENTER / OPERATOR NAME: _____________________________________
Address:_______________________________________________________________
Cell Phone:____________________________________________________________
Driver’s License #:______________________ State:_________ DOB:_____________
**OPERATORS MUST BE AT LEAST 25 YEARS OF AGE AND PROVIDE PROOF OF AGE**
Watercraft: Boston Whaler Montauk 210, HIN: US-BWCE1923E313, “The Traveler”
In consideration of the agreement herein, Bluewater Properties of South Florida, LLC agrees to lease to the undersigned renter the craft and equipment described herein.
The undersigned certifies that he/she has examined the craft and equipment and finds it acceptable and suitable for the purpose for which it is rented, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both craft and equipment in a safe, dependable condition while in he/she has custody, and that he/she will return both craft and equipment in substantially the same condition as when he/she received it.
The undersigned agrees to report any accident, malfunction, or breakdown of rental craft to Bluewater Properties of South Florida, LLC immediately. The undersigned authorizes and allows Bluewater Properties of South Florida, LLC to charge his/her credit card for any damages or loss of equipment.
The undersigned certifies that he/she is experienced and capable in all aspects of the handling and operation of the craft such as the one rented, and that he/she will operate the craft in accordance with all safety rules and regulations applicable to saltwater navigation; he/she further certifies that he/she understands the rules and regulations. The undersigned agrees said craft will not be occupied by a greater number than 8 persons.
The undersigned certifies that he/she is aware of the NO WAKE areas and is responsible for any damaged caused by his/her wake, that he/she will operate said craft inside the Loxahatchee River and Intracoastal Waterway, and that he/she has been provided a map/chart of the area and is familiar with it.
The boat rental price does not include fuel or tax. The undersigned agrees to return the boat with a full tank of fuel. Failure to return boat fully fueled will result in a $100 penalty plus cost of fuel.
A major credit card authorization (VISA, MasterCard, Discover, American Express or Debit) of one thousand ($1000) dollars shall be retained by Bluewater Properties of South Florida, LLC as partial compensation for failing to return said rental craft fully fueled and in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of craft by renter.
The undersigned agrees not to use, nor permit the use:
- of the rental craft for any unlawful purpose;
- of the rental craft in a careless or negligent manner;
- of the rental craft while under the influence of liquor or narcotics; or any other drugs
- by any other person not the signatory of the agreement, or not equally qualified.
- of the rental craft after dark.
- f. of the rental craft outside of the Intracoastal Waterway & Loxahatchee River.
- of the rental craft north of the Bridge Rd bridge in Hobe Sound, or south of PGA Blvd bridge in Palm Beach Gardens
The undersigned agrees to the following cancellation policy:
- The Non-Refundable period begins 30 days prior to the first day of the reservation.
- All cancellations made within the Non-Refundable Period are non-refundable. In the event renter must cancel the reservation within the Non-Refundable Period, renter should notify Jupiter Vacation Rentals as soon as possible.
- If cancellations are made outside of the Non-Refundable Period, renter’s deposit less a $100 cancellation fee, and less applicable credit card processing fees, plus applicable taxes will be refunded within 30 days of cancellation date.
- Jupiter Vacation Rentals reserves the right to cancel the reservation in the event of a named tropical storm, hurricane, or other weather-related state of emergency as announced by the State of Florida or the Federal Government. In the event of such a cancellation, Jupiter Vacation Rentals may, in their discretion, offer alternative dates or location if available or provide a refund of the booking.
Renter / Operator Signature: _________________________________________Date:_____________
Liability Waiver & Release
IN CONSIDERATION of being permitted to operate the vessel(s) provided by Bluewater Properties of South Florida, LLC for the undersigned and/or any minor children for which the undersigned are the legal parent/guardian or otherwise responsible, and for the heirs, personal representatives, or assigns:
I. WAIVER AND RELEASE OF LIABILITY AGREEMENT DISCLAIMER
This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by Bluewater Properties of South Florida, LLC (For purposes of this Waiver and Release, the term “Bluewater Properties of South Florida, LLC” includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Bluewater Properties of South Florida, LLC). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that is inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Bluewater Properties of South Florida, LLC all potential operators, passengers, and users of said rental equipment. Renter further agrees that if he/she fails to notify Bluewater Properties of South Florida, LLC of all potential operators, passengers, or users of said 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 Bluewater Properties of South Florida, LLC.
II. ACKNOWLEDGEMENT OF RISKS
The undersigned fully acknowledge that some, but not all of the risks of operating the vessel in which the undersigned is about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing, sinking or other hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into body orifices, and/or drowning; (4) the presence of insects and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish reaction time and increase the risk of an accident; (8) slippery decks when wet. The undersigned specifically acknowledges that he/she/they have been given instructions/training in the safe use of the type of equipment used in this activity/tour to satisfaction, and that the undesigned is physically/mentally able to participate in the activity in which the undersigned is about to engage.
III. EXPRESS ASSUMPTION OF RISK
The undersigned fully agrees to assume all responsibility for all the risks of this activity/ to which the undersigned is about to engage, whether identified above or not (THE UNDERSIGNED FULLY UNDERSTAND THAT HE/SHE/THEY UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). The undersigned’s participation in this activity is completely voluntary. The undersigned assume full responsibility for themselves and any of minor children for whom they are responsible. This responsibility that the undersigned assume on their behalf and that of minor children, or those children for whom the undersigned are legally responsible, extending to any bodily Injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while the undersigned participate in the activity. THE UNDERSIGNED COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF THEMSELVES AND MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM THE UNDERSIGNED ARE LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.
IV.ALCOHOL AND RELEASE OF LIABILITY POLICY
Bluewater Properties of South Florida, LLC does not sell or serve alcoholic beverages. We will not be held accountable for any injuries sustained while under the influence of alcohol. By signing below, you agree that you will be held accountable for any and all injuries sustained during the rental of equipment provided by Bluewater Properties of South Florida, LLC and that you participate at your own risk.
V. WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Bluewater Properties of South Florida, LLC from any and all liability of any nature for any and all injury or damage arising from personal injuries sustained by the undersigned or any 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 Bluewater Properties of South Florida, LLC, regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages, which may occur, and further agrees that Bluewater Properties of South Florida, LLC shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Bluewater Properties of South Florida, LLC shall not be responsible for such injuries, damages, loss, or theft.
EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY BLUEWATER PROPERTIES OF SOUTH FLORIDA, LLC, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Bluewater Properties of South Florida, LLC.
VI. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless Bluewater Properties of South Florida, LLC for all personal injuries, property damages, or any other damages to any and all third parties, including but not limited to, operators and passengers of other boat’s 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 Bluewater Properties of South Florida, LLC, even if such damages arise out of the negligence or fault of Bluewater Properties of South Florida, LLC.
VII. ACKNOWLEDGEMENT OF WAIVER AND RELEASE
THE UNDERSIGNED HEREBY RELEASE BLUEWATER PROPERTIES OF SOUTH FLORIDA, LLC, THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS. THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND /OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO THE UNDERSIGNED OR MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF THE UNDERSIGNED PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY NEGLIGENCE OF THE UNDERSIGNED OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING THE UNDERSIGNED).
The undersigned acknowledges that they have read this assumption and acknowledgement of risks and release of liability agreement and understand fully that it is contractual in nature and binding upon the undersigned. The undersigned further understand that by signing this document they are waiving valuable legal rights including any and all rights they may have against the owner, the operator named above, or their employees, agents, servants or assigns.
THE UNDERSIGNED FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THIS ACTIVITY TO HOLD HARMLESS AND IDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL THE UNDERSIGNED, THEIR MINOR CHILDREN OR THOSE CHILDREN FOR WHOM THEY ARE LEGALLY RESPONSIBLE (INCLUDING DEATH).
Renter / Operator Signature: _________________________________________Date:___________
All Non-Minor Passengers:
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