Yacht à moteur Flybridge Azimut moderne de 50 pieds

1. The following is our Rental Agreement (including all terms above) shall be referred to as “Agreement", wich you must read and sign before jumping aboard. 2. Lease. Our company (herein after referred to as the LESSOR) hereby agrees to lease to the undersigned (herein after referred to as the LESSEE) the craft (“Vessel”) and equipment described herein. In the event the Vessel is not returned on the date and at the time specified herein, said LESSEE agrees to pay the amount above. 3. Consideration. All parties agree and stipulate that this Agreement is supported by good, valuable, and sufficient consideration, consisting of the parties’ promises to one another set forth herein. 4. Cancellations. All cancellations by LESSEE must be made 72 hours in advance to avoid the imposition of liquidated damages in the amount of the nonrefundable deposit . 5. Inspection. THE LESSEE CERTIFIES THAT HE/SHE HAS EXAMINED THE VESSEL AND EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. HE/SHE WILL OPERATE THE VESSEL IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED IN THIS OFFICE OR ON THE VESSEL, AS WELL AS ALL MARITIME LAWS AND LAWS RELATED TO THE OPERATION OF A BOAT. 6. Report of Accidents. LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF THE VESSEL TO LESSOR AND TO ANY AUTHORITIES IMMEDIATELY. 7. Experience. This certifies that I (We), the LESSEE (S) am/are experienced and capable in all aspects of the handling and operation of the Vessel such as the one rented above. LESSEE agrees said Vessel will not be occupied by a greater number of persons that is shown in this Agreement. 8. Damage. LESSEE shall be responsible for and shall replace or pay for any damage to the vessel, furnishings, fittings jet-ski, tender, and equipment, caused in whole or in part by LESSEE or any member of his or her party. The vessel shall be surrendered free of any indebtedness that may have incurred for the account of the rental or use of the vessel for any reason. Vessel rental price does not include refueling, oil or tax. 9. Maintenance. The LESSEE will maintain both Vessel and equipment in a safe, dependable condition while he/she has custody.            10. Impermissible Use. LESSEE agrees not to use, nor permit the use: a. Of the Vessel for any unlawful purpose; b. Of the Vessel in a careless, reckless, or negligent manner; c. Of the Vessel while under the influence of liquor or narcotics; or any other drugs; d. By any other person not the signatory of the agreement, or not equally qualified. 11. Indemnity and Hold Harmless/Disclaimer of Liability. LESSEE ACKNOWLEDGES HIS/HER RESPONSIBILITY FOR THE SAFE AND PROPER OPERATION OF THE VESSEL; AND FOR THE SAFETY AND WELFARE OF OTHER BOATERS, PERSONS, AND PASSENGERS. IT IS AGREED AND UNDERSTOOD BY LESSEE THAT THE LESSOR, HER OWNERS, AND THE VESSEL SHALL NOT BE HELD LIABLE FOR DAMAGES, INCONVENIENCE, OR TIME LOST CAUSED BY ACCIDENT, BREAKDOWN OR MALFUNCTION OF THE VESSEL. LESSEE FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE LESSOR, HER OWNERS, AND THE VESSEL AND ITS AGENTS, AFFILIATES, AND PERSONNEL 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 THE VESSEL. LESSEE FURTHER AGREES TO INDEMNIFY AND HOLD THE LESSOR, HER OWNERS, AND THE VESSEL HARMLESS SHOULD LOSS OR DAMAGES OCCUR TO ANY LESSEE’S PERSONAL PROPERTY WHILE CARRIED IN, OR ON, THE VESSEL, INCLUDING LOSS OR DAMAGE BY FIRE, WATER, THEFT OR ANY OTHER CAUSES WHATSOEVER. 12. Knowledge and Acceptance of Risk. LESSEE recognizes and accepts the risk that is inherent in any boating activity. All passengers are advised to seek medical attention should they have any concerns regarding motion sickness or other ailment and to carry on board any prescribed treatment. 13. Collection. Should it be necessary for LESSOR to enforce this Agreement and/or undertake collections of amounts due to LESSOR, LESSOR shall be entitled to recover its reasonable attorneys' fees and costs incurred as a result thereof, whether or not litigation ensues, and at all levels of any legal proceeding including pre-trial, trial, appeal and for post judgment collection and any proceedings supplementary. This includes the cost of any expert witnesses 14. Venue. It is understood and agreed that venue for any action to enforce this Agreement, or arising therefrom, shall be solely and exclusively in a state court located in Miami-Dade County, Florida. LESSEE submits to personal jurisdiction in said venue. 15. Malfunctions. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the VESSEL, the LESSEE will immediately report it to LESSOR. Continued use of the rented vessel shall be entirely at LESSEE’s risk, and LESSEE assumes all liability of injury and damage to all persons and property that may become involved by its continued use. 16. Refunds Due to Mechanical Failure. Should the vessel suffer a mechanical failure that cannot be rectified within four (4) hours, the LESSEE may cancel this lease and receive a refund on a pro-rata basis. 17. Availability of Vessel. LESSOR’S ability to provide the Vessel, if reserved, is contingent upon, and is subject to, the return of the unit by the previous lessee, or any other cause beyond LESSOR’S control. 18. Force Majeure. LESSOR reserves the right to cancel this Agreement due to inclement or impending bad weather or any force majeure (including, but not limited to, any interference due to any epidemic, pandemic, COVID 19, or and government orders). Rental fees will be prorated based on time used. 19. Rules and Regulations. The rules and regulations contained herein and as posted in the office, on the Vessel and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understands said rules and regulations and further assumes the responsibility that his/her family and or guest(s) will obey the rules. 20. Severability. If any term or condition herein should be determined by a court to be unenforceable, in whole or in part, it is agreed that such ruling shall not limit nor impair the operation or validity of any other term or condition, or allowable portion thereof. 21. Qualified  Mariner Required. LESSEE must make use of the services of a qualified licensed mariner, at LESSEE’s expense, while renting vessel. LESSOR will provide options from which LESSEE can choose. 22. Safety Gear. All occupants of vessel shall utilize safety gear at all times, including life jackets, and shall observe all CDC protocols related to the coronavirus pandemic. 23. Fueling. Gasoline tank on vessel shall be full at departure, and will be refueled upon return at LESSEE’S expense. 24. No Cooking. No cooking is allowed on board - only microwave reheating of already prepared frozen food. 25. Condition on Return. Any boats returned extremely muddy, dirty, with food bits and trash strewn about will be subject to an additional $300,.00 cleaning charge. 26. Children: Children must be under the supervision of an adult of the LESSEE at all times and wearing life jackets. 27. Safety of Belongings. LESSEE is solely responsible for the safety of his/her personal belongings and that of his/her guests. 28. Legal Leisure Use Only. The rental of the vessel is for LESSEE’S leisure use only. LESSEE covenants that He/She (and their guests) shall not use vessel for any illegal purpose or activity. LESSEE is advised that the U.S. Coast Guard has wide latitude to board the vessel and conduct various searches, pursuant to government rules and regulations. Full and complete cooperation with Coast Guard requests is expected of LESSEE and their party. If LESSEE causes the vessel to be seized by law enforcement, LESSEE shall be responsible for all resulting costs. 29. Expenses. Any expenses incurred during the rental are solely the responsibility of LESSEE.  30. Drugs. ------ THIS IS A ZERO TOLERANCE VESSEL ------ Use or possession of any and all illegal or illicit drugs, as may be defined from time to time by government regulations, on board the vessel is strictly prohibited and shall result in the immediate termination of the rental with the forfeit of all monies paid as liquidated damages. Any prescription medicines must be in the original container obtained from the pharmacy or shall be accompanied by the prescription itself.  31. Choice of Law. This Agreement is to be governed by the laws of the State of Florida without regard to provisions on conflicts of law, and all parties hereto accept and agree to subject themselves to the jurisdiction of Florida law and the counties therein. 32. No Smoking. Smoking is not permitted on the rented vessel. 33. No Transfer of Vessel. LESSEE shall not transfer, lend, sub-let, give, or entrust the vessel to anyone else. 34. Merger. The terms and conditions of this Agreement contain the entire understanding between LESSEE and LESSOR, and no other representation or inducement, oral or written, have been made which are not included in this Agreement. No amendments may be made to this Agreement without the written approval of all parties. 35. WAIVER OF JURY TRIAL.  EACH PARTY IRREVOCABLY WAIVES TRIAL BY JURY IN ANY ACTION BROUGHT BY ANOTHER PARTY TO THIS AGREEMENT, WHETHER AT LAW OR EQUITY, ARISING FROM OR RELATING TO THIS AGREEMENT.