¡Consola central T-Top de 20 pies con 150 CV equipada para el River!

**EXAMPLE ONLY -- A CURRENT VERSION OF THE BELOW AGREEMENT WILL BE SENT VIA DOCUSIGN FOR YOUR DIGITAL SIGNATURE FOLLOWING BOOKING** Boat Rental Agreement 2008 Triumph 195CC w/ 150hp Boat Rental Agreement with Waiver and Release of Personal or Property Damage and Indemnification of Owner for Damage to Boat or Equipment. This Agreement is applicable to all renters, operators, passengers, and users of equipment provided by XXXXXXXXXXX. The Boat Rental Agreement is made by and between ____________________ (hereinafter referred to as “Owner”) and ____________________ (hereinafter referred to as “Renter”). RENTAL OF BOAT EQUIPMENT: The Renter above agrees to rent the following described boat: Year/Make/Model of Boat: 2008 Triumph 195CC HIN: TRBH0130J708 Registration Number: NY5602ME Year/Make/Model of Motor: 2008 150HP Yamaha 4-stroke F150TXR Motor Identification Number: 1063465 Rated Passenger/Weight Carrying Capacity: 8 persons or 1,128lbs Location: Spicer Marine Basin, Clayton, NY 13624. Slip #E24 RENTAL DATES/TIMES: The Owner agrees to rent the boat to the Renter for the following period: Starting Date/Time: _______________ Ending Date/Time: _______________ RENTAL FEE: The Renter hereby agrees to pay the Owner at a rate of $(amount). Payment shall be made via Venmo, Apple Cash, or Cash to secure booking. (see Appendix C: Payments). All fuel used shall be paid by the Renter and the Renter agrees to return the boat with full fuel (see Appendix B for instructions). SECURITY DEPOSIT: If booking via GetMyBoat (https://www.getmyboat.com/trips/2aM5LjVa/), that platform handles a Security Allowance that meets this requirement. Otherwise, a refundable security deposit of $1,000 is required to be paid to rent the boat and is due upon booking. Payment shall be made via Venmo, Apple Cash, or Cash. Any unused portion of the security deposit will be refunded after the completion of the rental period, provided no damage to the equipment is found, and no additional charges have accrued as outlined under this agreement (See Appendix D: Replacement Cost Agreed Values). The Owner reserves the right to inspect rental equipment up to 30 days after the rental period if necessary to have mechanics or repairmen view and fix any damage that was incurred while the Renter had equipment in their possession. If damage is caused or permitted by the Renter during the rental period, the Renter is responsible in full. In the absence of damage or loss, said deposit shall be refunded following the completion of the rental period and following a walk-through by the Owner (or their designate) to ensure the boat and it’s equipment are in the same condition as they were upon the beginning of the rental (this action may take up to 30 days to complete). The Renter understands that all damages will be repaired by Owner’s authorized mechanics and/or repairmen; and no repairs will be allowed by the Renter or others. I understand that I, as Renter, am responsible for all damages. INITIAL: ______ CANCELLATION: Free cancellations until 14 days before the booking start time. 50% refund for cancellations between 2-14 days before the booking start time. Cancellations within 2 days of the booking start time are non-refundable. INITIAL: ______ INSURANCE: You acknowledge that you have your own insurance policy that covers your rental of watercraft and that you will provide a copy of said insurance policy showing that it covers rentals of a boat. That policy information is as follows: Insurance Provider Name: _____________________ Policy Number: _____________________ INITIAL: ______ CONDITION OF BOAT: The Owner of the boat states that, to the best of their knowledge and belief, that the above-described boat is in good order and condition and free of any known defects or faults which would affect its safe and reliable operation under normal use. The Owner also accepts that all required lifesaving and safety equipment are aboard the boat and is in sound and safe condition at the time of delivery to the Renter for this Agreement herein. The Renter acknowledges that, upon having inspected the boat and lifesaving and safety equipment on board, it is to their satisfaction and agrees that they are in compliance with the regulations pertaining to their intended area of use of the boat. The Renter acknowledges and understands that the boat and its equipment is to be left in clean, undamaged condition, and in the same condition as at the commencement of the rental period. If the rental equipment is not left in suitable condition, the Renter acknowledges and understands that the Owner may charge the Renter for any repairs, replacement or special cleaning of any damaged, lost, or personal property. The Renter acknowledges, understands, and agrees that by signing this Agreement, they are authorizing the Owner to seek reimbursement for any damages sustained to the equipment. THE RENTER HEREBY AGREES THAT THEY SHALL BE HELD FULLY RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE BOAT OR EQUIPMENT OR MOTOR DURING THE TERM OF THIS AGREEMENT WHETHER CAUSED BY COLLISION, GROUNDING, FIRE, FLOOD, VANDALISM, THEFT OR ANY OTHER CAUSE, EXCEPT THAT WHICH SHALL BE DETERMINED TO BE CAUSED BY A FAULT OR DEFECT OF THE BOAT OR EQUIPMENT OR MOTOR. BOAT TRAILER: The Renter is not being provided with a boat trailer in connection with this agreement. In the event the Renter is provided with a boat trailer, then as used in this agreement the term "boat" shall include the boat trailer. USE OF BOAT: The Renter is granted the right to use the boat only in the following designated waters: Inland waterways of the St. Lawrence River (US side only) in and around the vicinity of Clayton, NY and Alexandria Bay, NY. Travel outside designated waters is in breach of agreement and security deposit may be forfeited. Boat has a location tracking device to ensure compliance. IMPROPER USE AND EXCLUSIONS: The Renter agrees that: - The rented boat shall not be used to carry passengers or property for hire; - The rented boat shall not be used to carry passengers or property in excess of the rated capacity of the boat as stipulated above; - The rented boat shall not be used to push, propel or tow another boat, barge or any other thing without the prior written permission of the Owner; - The rented boat (or motor) shall not be used in any race or competition; - The rented boat (or motor) shall not be used for any illegal purpose; - The rented boat (or motor) shall not be used in a negligent matter ; - The Renter shall not operate the boat (or motor) outside the area of use designated in this agreement; - The rented boat shall not be operated by any other person other than the Renter stipulated above without the prior written permission of the Owner; - The Renter shall not remove the motor from the boat for any use whatsoever. RELEASE OF LIABILITY/ASSUMPTION OF RISK: The Renter hereby acknowledges that boating and water sports are HAZARDOUS ACTIVITIES and understands that engaging in these activities and use of the associated equipment involve a risk of injury to all parts of the user's body, illness and POSSIBLE DEATH. The Renter, on their behalf and on behalf of all others who are involved with the boat and/or any other water activities during the rental period, agree to freely and expressly assume and accept all risks in the use of the equipment rented. In the event someone is injured during use of the boat and equipment, or if someone other than the Renter is operating the equipment during the rental period and is injured, THE RENTER AGREES TO PAY ALL DEDUCTIBLES AND ALL COST FOR PHYSICAL AND PROPERTY DAMAGE TO ANY AND ALL PARTIES INVOLVED WHICH ARE THE FAULT OF THE RENTER OR ANY OTHER PERSON WHO WAS OPERATING THE BOAT AND EQUIPMENT DURING THE RENTAL PERIOD AND UNTIL THE EQUIPMENT IS RETURNED TO THE CONTROL OF THE OWNER. WAIVER/RELEASE OF LIABILITY: I, the Renter, hereby release and hold harmless the Owner, XXXXXXXXXXX, from any and all liability for damage and injury or death to myself or any person or property resulting from the selection, maintaining or use of this equipment; and for any claims based upon negligence, breach of warranty, contract, claim, or other legal theory, accepting myself, Renter, and I hereby accept full responsibility for any and all such damages or injury which may result. The Renter assumes full responsibility for any such injuries or damages which may occur, and further agrees that the Owner, XXXXXXXXXXX, shall not be liable for any loss or theft of personal property. DAMAGE OR DESTRUCTION OF BOAT: The Renter agrees to pay to the Owner all damages to the Boat or equipment on board caused during the term of this agreement. See Appendix D: Replacement Cost Agreed Values. Designated Boat Renter Full Name: ___________________________________ Designated Boat Renter Date of Birth: ____/____/_______ Designated Boat Renter Driver's License State & Number: ________________ Designated Boat Renter Address, City, State, Zip, Country: _______________________________________________________________ Designated Boat Renter Phone Number: _______________________________ Designated Boat Renter Email Address: _______________________________ Designated Boat Renter Signature: ________________________________ Date Signed: ____/____/_______ Appendix A: Rules & Regulations - You must follow all applicable local, state, and federal laws for navigating United States waterways. These include obeying the United States Coast Guard Rules of the Road found here: https://www.dco.uscg.mil/NavRules/ and here: https://www.navcen.uscg.gov/navigation-rules-amalgamated INITIAL: ______ - Speed & Wake: Within Spicer Marine Basin (or any marina) or within 100’ of docks you must not create any wake. Generally this means driving at 5mph or slower (shifter should be in forward notch, which is low RPM forward). A good courtesy is to not accelerate and begin planing until you’re at least a football field away from docks or other boats (e.g. those anchored or stopped fishing). INITIAL: ______ - Lights: From dusk to dawn, and in any low visibility conditions (such as fog), you must display appropriate navigational lights (switch is on far left console, toggle up for night operation). - Sound: In the rare occurrence of low visibility conditions (such as dense fog), you must make others aware of your position by one prolonged (5sec) blast of the boat’s horn every 1 minute (see USCG rules). - Communication: If in distress, use any means of communication available to contact help, first and foremost 911 and VHF Channel 16. Also, waving, white shirt/towel, SOS flag, or digital flare, etc. - USCG Registration: 2008 Triumph 195CC (HIN: TRBH0130J708) is registered as follows (documents below steering wheel inside clear box): Registration Number: NY5602ME Expiration: 2026-07-31 YOU ARE FULLY RESPONSIBLE FOR ANY TICKETS OR FINES ISSUED BY LAW ENFORCEMENT. INITIAL: ______ - Safety Equipment: This boat is equipped with all USCG required safety equipment, including, but not limited to: Personal Floatation Devices (Life Jackets): There are at least 8x (due to boats 8 person maximum capacity) life jackets located in the overhead t-top canvas or under the center console inside a designated life preserver bag Fire Extinguisher: located under front left bow hatch Visual Distress Signal: a USCG approved digital flare (doesn’t expire) is located under front left bow hatch inside clear binSound Producing Device: boats horn (push button far right console) and whistle (in clear bin under left bow hatch) Appendix B: Policies - Boating Safety Certificate: This may be legally required to operate watercraft in New York State depending on birth year (see table), YOU BEAR ALL LIABILITY AND RESPONSIBILITY FOR OPERATING THE BOAT SAFELY AND LEGALLY. From NY State website: Boat operators must take a boat education course. You must take an approved course in boater education and safety and receive a boating safety certificate in order to operate a motorboat in New York. Boating Safety Certificate Requirements: BORN / DATE BY WHICH YOU NEED A CERTIFICATE On or after May 1, 1996 Before you can operate a boat in New York On or after January 1, 1993 January 1, 2020 On or after January 1, 1988 January 1, 2022 On or after January 1, 1983 January 1, 2023 On or after January 1, 1978 January, 2024 All motorboat operators regardless of age will need a boating safety certificate beginning in 2025. - New York Boating Safety Courses available: - - https://parks.ny.gov/boating/education.aspx - https://www.boatus.org/newyork/ INITIAL: ______ - Gas: Renters are given a full tank and expected to top off tank upon return. This should be done at Spicer Marine Basin Gas Dock (typically open Mon-Sun 9am-5pm). Ask the dock attendant to do the filling for you. A small amount of gas sputter/fumes may come out the overflow vent, this is normal when beginning fueling. The boat must be OFF then the key must be turned back to center for fuel gauge to activate; it is relatively accurate but the fuel nozzle should not be left unattended during refueling to cut it off quickly once full. A cash tip for the dock attendant is customary. INITIAL: ______ Appendix C: Payment - Payment: If booking via GetMyBoat (https://www.getmyboat.com/trips/2aM5LjVa/), that platform handles a Security Allowance. Otherwise, rental payment, deposit, and any fees may be paid via Venmo, Apple Cash, or physical Cash as follows: - Apple Cash: iMessage payment to 000-000-0000 - Cash: Envelope with renters name and number provided to Owner or their designate in advance of rental Appendix D: Replacement Cost Agreed Values - 2008 Triumph 195CC (HIN: TRBH0130J708): $18,000 INITIAL: ______ - - T-Top only: $5,000 - Canvas & Clear Vinyl Enclosure only: $2,500 - 2008 150HP Yamaha 4-stroke F150TXR (ID: 1063465): $12,000 INITIAL: ______ - - Lower Unit only: $4,000 - Propeller only: $350 - Garmin 94sv GPS: $1,500 INITIAL: ______ - - Remove and lock in center console when boat is docked (except at Grenell Island cottage) - Stereo: $500 - VHF Radio & Antenna: $400 - Rear Jump Seats: $400 (each) - Cushions: $300 (each) - Anchor: $150 - Anchor Line & Chain: $150 - Keys: $150 - Top Light: $150 - LED Lights: $125 - Flag & Post: $125 - Bow Hook: $75 - Burgee: $75 - Paddle: $50 - Fenders: $50 (each) - Life Jackets: $50 (each) - Lines: $35 (each) - Misc Hatches, Covers, other Equip. etc: Fair Market Value INITIAL: ______ Appendix E: Operating Guide - A binder with boat and equipment operating instructions will be provided in the boat - To access the locked center console compartment where the operating instructions and GPS are located, find the boat’s keys in the canvas T-top above the console steering wheel. The keys are on a red keychain on the left side above the driver’s head. The smaller key unlocks the console and the larger key turns on the motor. - THE MOTOR IS NOT TO BE TURNED ON UNTIL ALL OPERATING INSTRUCTIONS HAVE BEEN THOROUGHLY REVIEWED. Turning on the motor constitutes agreement that you fully understand all operating instructions. If you have any questions, please contact the Owner. INITIAL: ______