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**EXAMPLE ONLY -- A CURRENT VERSION OF THE BELOW AGREEMENT WILL BE SENT VIA DOCUSIGN FOR YOUR DIGITAL SIGNATURE FOLLOWING BOOKING** Boat Rental Agreement 2006 Boston Whaler 170 Montauk w/ 90hp 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: 2006 Boston Whaler 170 Montauk HIN: BWCE3997E606 Registration Number: NY9464FM Year/Make/Model of Motor: 2006 Mercury EFI 4-Stroke 90hp 90ELPT 4S Motor Serial Number: 1B360227 Rated Passenger/Weight Carrying Capacity: 7 occupants 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.boatsetter.com/a/preview/boats/nhqpgbw), 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 its 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. The 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 boat and 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 boat and 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 (nav light switch is on console, toggle all the way 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). (horn switch is on console) - 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: 2006 Boston Whaler 170 Montauk (HIN: BWCE3997E606) is registered as follows (documents in center console door inside clear ziploc bag): Registration Number: NY9464FM Expiration: 2024-03-31. 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 7x life jackets (due to the boat’s 7 person maximum capacity) located inside the center console or inside the front cooler seat. Fire Extinguisher: located on the right side of the console. Visual Distress Signal: a USCG approved digital flare (doesn’t expire) is located under the console in the dry bag. Sound Producing Device: boat’s horn (push button on console) 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 the 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. The boat must be OFF during filling. You can visually see the fuel level inside the tank; be sure not to overfill as spilt fuel can damage or stain the deck and you are liable for any damage caused by a fuel spill. A cash tip for the dock attendant is customary. INITIAL: ______ Appendix C: Payment - Payment: If booking via GetMyBoat (https://www.boatsetter.com/a/preview/boats/nhqpgbw), 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: Venmo: https://account.venmo.com/u/XXXXXXXXXXX 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 - 2006 Boston Whaler 170 Montauk (HIN: BWCE3997E606): $20,000 INITIAL: ______ - 2006 Mercury EFI 4-Stroke 90hp 90ELPT 4S (ID: 1B360227): $10,000 INITIAL: ______. Lower Unit only: $4,000 Propeller only: $350 - Garmin 74sv GPS: $1,500 INITIAL: ______ Remove and lock in center console when boat is docked (except at Grenell Island cottage) - Bow Cushion: $500 - Canvas Console Cover: $400 - Canvas Bench Cover: $400 - Anchor: $150 - Anchor Line & Chain: $150 - Keys: $150 - White Navigation Light: $75 - Flag & Post: $75 - Burgee & Post: $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 false drink can in the console cup holder. 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: ______