Rental Policy

Boat rental agreement

I,THE RENTER ,THE RENTER, AGREE AND UNDERSTAND THAT MY RENTAL VEHICLE IS TO BE USED AND OPERATED SOLEY BY MYSELF. I UNDERSTAND THAT I AM PARTICIPATING IN A SPORT WITH POSSIBLE RISK TO MYSELF. I AGREE TO RETURN THIS VEHICLE TO SPELLMANS MARINE RENTALS AT THE END OF THE RENTAL PERIOD IN THE SAME CONDITION IN WHICH I RECEIVED IT. I ASSUME FULL LIABILITY FOR ANY AND ALL DAMAGE TO THIS VEHICLE WHILE IT IS IN MY CUSTODY. FURTHER, I AM RESPONSIBLE FOR THE SAFETY OF MY SELF AND ALL MY GUESTS I HAVE ON THE VEHICLE.

I HEARBY STATE, THAT TO THE BEST OF MY KNOWLEDGE, I AM IN GOOD PHYSICAL AND MENTAL CONDITION, AND I HAVE BEEN EXPLAINED VEHICLE SAFETY PROCEDURES.I VOLUNTARILY ASSUME ALL RISK OR ACCIDENT OR DAMAGE TO MY PERSON OR PROPERTY WHICH MAY BE INCURRED FROM OR BE CONNECTED IN ANY MANNER WITH MY USE, OPERATION OR RENTAL OF VEHICLE FROM SPELLMANS MARINE RENTALS. I HEREBY RELEASE SPELLMANS MARINE BOAT RENTALS, ITS AGENTS AND EMPLOYEES, FROM ALL CLAIMS, DEMANDS, ACTIONS AND FROM ALL LIABILITY FOR DAMAGE, LOSS OR INJURY (OF WHATEVER KIND, NATURE OR DESCRIPTION) THAT MAY ARISE OUT OF, OR I MAY SUSTAIN, IN CONNECTION WITH MY USE, OPERATION OR RENTAL OF A VEHICLE FROM SPELLMANS MARINE RENTALS. I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS SPELLMANS MARINE RENTALS, ITS AGENTS AND EMPLOYEES FROM ALL CLAIMS, DEMANDS ACTIONS, CAUSES OR ACTIONS, INCLUDING ATTORNEYS FEES, EXPENSES AND COSTS OF MYSELF ( OF WHATEVER KIND, NATURE OR DESCRIPTION) , WHICH MAY ARISE OUT OF, OR IN MANNER CONNECTED WITH, OR CAUSED BY USE OR BY MY GUESTS OR AGENTS OR OPERATION OF RENTAL OF A VEHICLE FROM SPELLMANS MARINE RENTALS. THIS RELEASE AND INDEMNIFICATION SHALL BE BINDING UPON MY HEIRS, ADMINISTRATORS, EXECUTIVES AND ASSIGNS. ANY ACTION OF DISPUTE WILL BE ARBITRATED BY A COURT OF LAW ON LONG ISLAND, NEW YORK OR THE CLOSEST FEDERAL MARITIME COURT OF LAW.

I AGREE TO A RENTAL FEE AND A SECURITY DEPOSIT AS INDICATED BELOW WHICH WILL BE APPLIED TO THE PAYMENT FOR ANY AND ALL DAMAGE TO THE VEHICLE OCCURING DURING THE PERIOD OF THIS RENTAL AGREEMENT. I UNDERSTAND THAT I WILL REMAIN LIABLE FOR THE PORTION OF ANY DAMAGE COST EXCEEDING MY DEPOSIT, INCLUDING ATTORNEYS FEES, EXPENSES AND COSTS INCURRED, SUCH AS REFUELING, LOST OR DAMAGED ITEMS,EXCESSIVELY UNCLEAN BOAT OR LATE RETURNS.

RENTAL FEE: AS AGREED & INVOICED

RENTAL PERIOD: SEASONAL AGREEMENT

SECURITY DEPOSIT: $1,000.00

RETURN TIME:

ALL BOATS MUST RETURN TO THE DOCK OF ORIGIN BY 4:00 PM AND IF ON DAILY RENTAL THE OVERAGE IS COMPUTED AT A RATE OF $110.00 PER HOUR WITH ANY TOW BOAT EXPENSE SOLEY THE EXPENSE OF THE RENTER.

FORM OF PAYMENT: PAYMENT FOR DEPOSITS, RENTALS AND GAS MAY BE MADE BY CASH, VISA, MASTERCARD OR DISCOVER. ( CHECKS ARE NOT ACCEPTED). CREDIT CARD PAYMENTS ARE PROCESSED WHEN RECEIVED.

AGE RESTRICTIONS: THE “CAPTAIN” MUST BE AT LEAST 25 YEARS OF AGE, HOLD A VALID DRIVERS LICENSE, AND A MAJOR CREDIT CARD.

GAS: FUEL CHARGES ARE NOT INCLUDED IN THE RENTAL PRICE. BOATS LEAVE DOCK FULL OF FUEL. THE RENTER PAYS FOR THE REFUELING AT THE END OF THE RENTAL PERIOD.

CANCELLATIONS: CANCELLATIONS OR CHANGES (7) DAYS BEFORE THE RESERVATION CHECK-IN DATE WILL BE ASSESSED A $50.00 REBOOKING/CANCELLATION FEE. AT THE TIME WE RECEIVE YOUR FULL RENTAL PAYMENT, YOUR SMALL BOAT RESERVATION IS CONFIRMED. NO SHOWS, LATE ARRIVALS, OR EARLY DEPARTURES ARE NOT ELIGIBLE FOR REFUND.

I ACKNOWLEDGE THAT A STATE AND FEDERAL BOATING SAFETY GUIDE HAS BEEN OFFERED TO ME, AND I HAVE THE OPPORTUNITY TO READ AND ASK ANY QUESTIONS CONCERNING SUCH GUIDE.

DO NOT DRINK AND DRIVE!!!!!

IF I AM OPERATING THE WATERCRAFT, I AGREE THAT OPERATING THE WATERCRAFT UNDER THE INFLUENCE OF DRUGS OR ALCOHOL WILL RESULT IN FORFEITURE OF THE DAMAGE SECURITY DEPOSIT AND CONFISCATION OF THE WATERCRAFT AND CANCELLATION OF THIS RENTAL AGREEMENT. INTOXICATION WILL NOT BE TOLERATED ON THE WATERCRAFT OR ON OR AROUND COMPANY PREMISES. IF I AM GOING TO OPERATE THE WATERCRAFT, I AGREE IF I AM ARRESTED FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS, OR ALLOW ANYONE ELSE WHO HAS NOT SIGNED THIS AGREEMENT TO OPERATE THE WATERCRAFT WHILE UNDER THE INFLUENCE, ALL SECURITY DEPOSITS WILL BE FORFEITED, PLUS ANY AND ALL ADDITIONAL CHARGES THAT MAY ARISE FROM SAID ARREST OR INTOXICATION.

EXPRESS ASSUMPTION OF RISK AND LIABILITY

I AGREE TO ASSUME RESPONSIBILITY, EVEN THOSE RISKS ARISING OUT OF NEGLIGENCE BY COMPANY, OTHER PASSENGERS,RIDERS, AND/OR ALL PARTICIPANTS ON THE WATERCRAFT. MY AND OUR PARTICIPATION IN THE ACTIVITY IS PURELY VOLUNTARY. I ASSUME ALL RESPONSIBILITY FOR MYSELF AND ALL PASSENGERS ON THE WATERCRAFT, INCLUDING ANY MINOR CHILDREN, FOR ANY BODILY INJURY, ACCIDENT, ILLNESS, PARALYSIS, DEATH OR LOSS OF PERSONAL PROPERTY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR OTHER FAULT OF PASSENGERS, RIDERS OR GUESTS AND OTHER PASSENGERS ON THE WATERCRAFT AND EVEN IF CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, LEGAL REPRESENTATIVE AND ASSIGNS (COLLECTIVELY THE “RELEASEES”).

I AGREE TO THE FOREGOING BECAUSE I UNDERSTAND THAT WATERCRAFT, WATER DEVICES, MARINAS AND AREAS IN AND AROUND WATERCRAFT AND MARINAS CAN BE HAZARDOUS TO BOTH PROPERTY AND PERSONS. SUCH HAZARDS INCLUDE, BUT NOT LIMITED TO:

A. WEATHER CONDITIONS THAT MAY CHANGE QUICKLY, INCLUDING BUT NOT LIMITED TO WIND,RAIN, SNOW, LIGHTENING AND EXCESSIVE HEAT AND SUN;

B. WATER CONDITIONS THAT MAY CHANGE QUICKLY, INCLUDING WAVES,CURRENTS, BOAT WAKES,WHIRLPOOLS AND COLD WATER TEMPERATURES;

C. EXPOSURE OR OVEREXPOSURE TO COLD (HYPOTHERMIA) OR HEAT;

D. DAMAGE, INJURY OR DEATH AS A RESULT OF CONTACT WITH AQUATIC OR LAND ANIMALS, FISH, BIRDS, OR REPTILES, EITHER ON LAND OR ON WATER, INCLUDING BUT NOT LIMITED TO AREAS IN AND AROUND COMPANY’S PREMISES OR STAGING AREAS;

E. DAMAGE, INJURY OR DEATH AS RESULT OF TRAVELING IN OR AROUND COMPANY’S PREMISES OR STAGING AREAS, INCLUDING BUT NOT LIMITED TO DOCKS, LADDERS, EQUIPMENT ON THE PREMISES, MUD, STEEP SLOPES, CLIFFS AND ROCKS;

F. INJURY OR DEATH AS A RESULT OF INGESTING FRESH WATER OR CONTAMINATED FRESH WATER, DRINK OR FOOD;

G. PERSONAL INJURY, DEATH OR PROPERTY DAMAGE DUE TO COLLISION WITH MOTORIZED OR NON-MOTORIZED VESSELS, BEING HIT WITH VESSEL EQUIPMENT, WHILE LAUNCHING AND LANDING ON SHORE WHETHER ON LAND OR DOCK, COLLISION WITH NATURAL OR MANMADE DEBRIS;

H. MUSCULAR OR SKELETAL INJURY, STRAIN OR DAMAGE DUE TO PHYSICAL EXERTION, ESPECIALLY, BUT NOT LIMITED, TO MY HEAD, WRISTS, ARMS, SHOULDERS, LEGS AND BACK;

I. LACK OF AVAILABLE LIFE SAVING DEVICES OR SERVICES, OR IMMEDIATE MEDICAL ATTENTION, IN CASE OF INJURY.

J. INJURY OR DEATH AS A RESULT OF LACK OF PHYSICAL CONDITIONING, EXISTING DISEASES, CONDITIONS OR AILMENTS AND MY OWN ACTS OR OMISSIONS, INCLUDING MY LACK OF BOATING KNOWLEDGE, EXPERIENCE OR EXPERTISE;

K. INJURY OR DEATH AS A RESULT OF BEING ENTRAPPED IN THE WATERCRAFT OR FALLING OUT OF THE WATERCRAFT;

L. INJURY OR DEATH AS A RESULT OF FALLING, CAPSIZING, OR BEING FLIPPED OR EJECTED INTO THE WATER EITHER INTENTIONALLY OR UNINTENTIONALLY, INCLUDING WHILE EXITING OR ENTERING THE WATERCRAFT;

M. MY OWN OR OTHER PARTICIPANTS; ATTEMPTS TO EXCEED MY OR THEIR BOATING SKILLS AND/OR USING THE WATERCRAFT IN A RECKLESS MANNER;

N. FAILING TO PROPERLY WEAR A PERSONAL FLOATATION DEVICE;

O. FAILING TO UNDERSTAND BASIC OR OTHER INSTRUCTIONS PROVIDED BY COMPANY, ITS AGENTS, GUIDES OR EMPLOYEES.\;

P. VEHICLE OR PEDESTRIAN ACCIDENT WHILE BEING TRANSPORTED TO OR WALKING TO OR FROM COMPANY’S PREMISES OR STAGING AREA, INCLUDING TRANSPORTATION TO AND FROM THE WATERCRAFT OR TO AND FROM THE COMPANY’S FACILITIES AND EQUIPMENT;

Q. ERROR, INATTENTION OR NEGLIGENCE ON THE PART OF COMPANY, ITS OFFICERS, AGENTS, GUIDES AND EMPLOYEES, INCLUDING INADEQUATE INSTRUCTION OR ASSISTANCE.

BY SIGNING THIS DOCUMENT I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED WHILE I AM USING THE WATERCRAFT, OR DURING MY PRESENCE ON OR USE OF THE WATERCRAFT OR COMPANY’S EQUIPMENT, FACILITIES,PREMISES OR SERVICES, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST COMPANY ON THE BASIS OF ANY CLAIM, INCLUDING SUBROGATION, FROM WHICH I RELEASED IT HEREIN, INCLUDING CLAIMS THAT THE COMPANY WAS SOLELY OR PARTIALLY NEGLIGENT OR OTHERWISE AT FAULT WITH RESPECT TO SUCH DAMAGE, INJURY OR DEATH. I ACKNOWLEDGE AND AGREE THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND FULLY UNDERSTOOD IT AND I AGREE TO BE BOUND BY ITS TERMS.

I THEREFORE AGREE, ON BEHALF OF MYSELF, MY HEIRS, REPRESENTATIVE, SURVIVORS AND ASSIGNS TO RELEASE, HOLD HARMLESS, AND INDEMNIFY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, LEGAL REPRESENTATIVES AND ASSIGNS ( COLLECTIVELY THE “COMPANY”), FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY AND ALL CLAIMS OF ANY KIND OR NATURE WHATSOEVER (INCLUDING SUBROGATION) ARISING OUT OF OR RELATING TO MY PRESENCE ON OR USE OF THE WATERCRAFT, COMPANY’S VESSELS, EQUIPMENT AND/OR PREMISES, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS FOR INJURY OR DEATH OR DAMAGE TO PROPERTY, INCLUDING CLAIMS ARISING OUT OF OR RELATING TO DEATH, INJURY OR DAMAGE RESULTING IN SOLELY OR PARTIALLY FROM THE NEGLIGENCE OR OTHER FAULT OF THE COMPANY.

I ALSO HEREBY EXPRESSLY AGREE THAT EVEN IF OTHER PROVISIONS OF THIS AGREEMENT ARE DEEMED INVALID, VOID, UNENFORCEABLE OR INAPPLICABLE, AND EVEN IF COMPANY OR ITS AGENTS OR EMPLOYEES ARE FOUND TO SOLELY OR PARTIALLY NEGLIGENT OR OTHERWISE AT FAULT, COMPANY’S LIABILITY, INCLUDING ON CLAIMS OF SUBROGATION, FOR LOSS OR DAMAGE TO ANY PERSON(S) OR THE WATERCRAFT ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT SHALL BE ABSOLUTE WITH A MAXIMUM LIMIT OF LIABILITY OF NO MORE THAN THE AMOUNT PAID TO RENT THE WATERCRAFT OR $1000.00, WHICH EVER IS GREATER.