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Boat Rental Seekers, LLC. 
22417 Hancock Ave, Port Charlotte, FL 33980

CLIENT AGREEMENT

CLIENT PWC RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT


I the undersigned, have requested and have been granted permission to enter the premises occupied by the business trading as Boat Rental Seekers LLC. (Hereinafter, referred to as “Boat Rental Seekers LLC,” which includes the owner(s) and/or business) and/or to rent or operate a personal watercraft (Hereinafter, referred to as “SPG”) and/or to participate in PWC or boating activities sponsored by Boat Rental Seekers LLC, and in consideration of being permitted to, for any purpose:

a) enter the premises occupied by Boat Rental Seekers LLC;
b) rent and/or operate PWC or boats, and/or;
c) participate in PWC or boating activities, 

I, for myself, my personal representative, heirs, next of kin, executors, administrators, successors, and assigns, hereby:

A. RELEASE, REMISE, AND DISCHARGE Boat Rental Seekers LLC, the owners and operators of the PWC and boating activities sponsored by Boat Rental Seekers LLC, the owners and licensors of the premises occupied by Boat Rental Seekers LLC and their respective servants, agents, employees, and officers (hereinafter referred to as “releasees”), from all liability to me, my personal representatives, heirs, next of kin, administrators, successors, and assigns, and for any and all loss or damage, any claims or demands on account of injury to me or any other person, whether or not the injury results in death, or damage to any property whether or not the property is owned by me, arising from, or in any related to my presence on the premises occupied by Boat Rental Seekers LLC, and/or my participation in any activities sponsored by Boat Rental Seekers LLC.
INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE, INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE RELEASEES’ NEGLIGENCE.

B. AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES on account of injury to me or to any other person, whether or not the injury results in death, or account of damage to any property, whether or not the property is owned by me, arising from, or related to, my presence on the premises occupied by Boat Rental Seekers LLC, whether or not these injuries or damages were caused by the releasees’ negligence.

C. AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES from any loss, liability, damage, or cost that may incur, including attorneys’ fees, arising from, or in any way related to, my presence on the premises occupied by Boat Rental Seekers LLC, my operation of a PWC rented from or owned by Boat Rental Seekers LLC., and/or my participation in any activities sponsored by Boat Rental Seekers LLC.

D. ASSUME THE RISK OF BODILY INJURY, DEATH, OR PERMANENT DAMAGE, whether due to the negligence of RELEASEES negligence, my negligence, or any other reason or factor, while upon the premises, while operating a PWC rented from or owned by Boat Rental Seekers LLC., and/or while participating in any activities sponsored by Boat Rental Seekers.
I agree and understand that:


1) My participation in PWC or boating activities, as with any watersport, will test my physical and mental limits, involves very powerful machinery, and exposes me to dangers associated with the operation of PWC and/or boats. These dangers include, without limitations: collisions with other vessels, fixed objects, persons in the water, or objects in the water; exposure to the elements; mechanical breakdown; loss of control of the vessel; falling off the vessel; sinking of the vessel; drowning; and other dangers known or unknown. I understand these rules and assume the risk of harm presented by these damages.

2) FAILURE TO OBEY AND LISTEN TO Boat Rental Seekers FLORIDA CERTIFIED PWC GUIDES INSTRUCTION WILL RESULT IN A TERMINATION OF YOUR RENTAL WITHOUT A REFUND. (Please listen and pay close attention to the certified guides on your trip. They want you to have fun, but more importantly, want you to ride safely!)

3) My presence on the premises operated by Boat Rental Seekers LLC and/or my participation in the PWC or boating activities organized by Boat Rental Seekers LLC exposes me to the potential risks that include, without limitations: death or serious injury to myself and/or others; and damage to property owned by me, Boat Rental Seekers LLC, and/or others.

4) PWC or boating activities may pose an additional danger to persons with pre-existing physical injuries or conditions, or other conditions, or to pregnant women. I am not aware of any physical or mental conditions that may affect my ability to participate in PWC or boating activities or that may be aggravated by the participation in such activities. Alternatively, I acknowledge that I have consulted with my physician who has advised me that I may participate in these activities without restrictions.

5) I will NOT participate in any PWC or boating activities sponsored by Boat Rental Seekers LLC while my ability is impaired by alcohol, drugs, or otherwise. If found by discretion of Boat Rental Seekers LLC staff and or Florida Natural Resources Police to be impaired by said substances I further agree that my rental will be terminated and no refund will be provided.

6) In the event of malfunction of breakdown of the craft, or if any defect occurs during the rental period, I shall immediately report any unusual problems to Boat Rental Seekers LLC.  Continued use of the craft in any of these circumstances shall be entirely at my risk and I shall then be under the obligation to assume any and all liabilities resulting from bodily injury, loss, or damage caused to all persons and property that may become involved in any accident.

7) Boat Rental Seekers LLC reserves the right to cancel any rental due to inclement weather or other unsafe circumstances. I acknowledge that this is entirely left to the discretion of the certified Florida guides. If a ride is canceled due to bad weather Boat Rental Seekers LLC reserves the right to either prorate a monetary return in place of time lost or may issue a voucher for a rental at another time and or date.

8) Boat Rental Seekers LLC will provide me with oral instructions concerning the operation of the PWC or any other watercraft that I am renting from Boat Rental Seekers LLC. I will not participate in PWC or boating activities unless I receive and understand these instructions.  By participating, I acknowledge that I have received and understood these instructions.

Initial TB

9) When operating a PWC I the operator will allow sufficient time and distance to stop the vessel. I realize that riding a PWC is not like riding a car and I will not participate in any PWC or boating activities unless I completely understand this concept. By participating, I acknowledge that I understand this very important concept.

10) PWC and other jet-powered boats DO NOT STEER OR TURN WITHOUT PROPULSION. I understand that I must apply throttle to steer and turn the PWC or jet-powered boat while traveling at speeds in excess of 6 knots. I will not participate in any PWC or boating activities unless I completely understand this concept. By participating, I acknowledge that I understand this concept.

11) I will have the opportunity to inspect the PWC or any other watercraft that I am renting from Boat Rental Seekers LLC before I board the vessel. I will not participate in any PWC or boating activities until I inspect the vessel and I am satisfied with its condition. By participating, I acknowledge that I have conducted this inspection.

12) I will not request, seek, or accept assistance from any person, including Boat Rental Seekers LLC, in completing the 25-question test mandated by the Florida Wildlife Commission for every operator of a rental PWC. I understand that I must score at least 90% on this test before I am authorized to operate a rental PWC in the state of Florida. By participating in the operation of a PWC, I acknowledge that I have successfully completed this test with at least 90% of the answers correct.

13) I acknowledge that Boat Rental Seekers LLC is not a manufacturer of the PWC/boat that I am renting and it does not make any representations, warranties of, or covenants, expressed or implied, with the respect to the condition, quality, durability, or suitability of the PWC/ boat.

14) I agree that I will not allow any other person to operate the vessel that I am renting from Boat Rental Seekers LLC unless that person is a Boat Rental Seekers LLC employee or agent.

15) I agree to return the vessel that I have rented from Boat Rental Seekers LLC within the rental period that I negotiated. If I fail to return the vessel to Boat Rental Seekers LLC for any reason other than a mechanical malfunction that is not caused by misuse of the vessel, I agree to pay an additional sum equal to the standard hourly rental rate (or fraction thereof) that exceeds the rental period that I negotiated. 

16) I understand that Boat Rental Seekers LLC is not the only business offering PWC/boat rentals in Florida and my decision to rent from them is “MY” choice. 

17) IT IS MY DUTY TO ASK Boat Rental Seekers LLC TO FURTHER EXPLAIN ANY MATERIALS, RULES, REGULATIONS, OR INSTRUCTIONS THAT I DO NOT UNDERSTAND BEFORE I START MY RENTAL. I WILL NOT PARTICIPATE IN ANY PWC OR BOATING ACTIVITY IF I DO NOT UNDERSTAND ANY PART OF ANY MATERIALS, RULES, DETAILS, REGULATIONS, OR INSTRUCTIONS PROVIDED TO ME BY Boat Rental Seekers. 

18) I understand and give my permission for Boat Rental Seekers LLC to record video, audio, and photographic images of me while on the premises occupied by Boat Rental Seekers LLC or participating in any activity sponsored by Boat Rental Seekers LLC. I understand and give permission for Boat Rental Seekers LLC to use these recordings for any and all advertising purposes for Boat Rental Seekers LLC without any monetary or other benefits to me, my personal representatives, heirs, next of kin, administrators, successors, and assigns. 

19) I understand that I am liable for all damages and costs incurred as a result of my negligence including but not limited to damages and lost rentals due to damage to any vessel. I agree to IMMEDIATELY REIMBURSE Boat Rental Seekers LLC for these repairs and other costs. Most repair costs are calculated according to the repair table attached to this contract. Any damage that is not priced on the repair table is billed at the actual cost to Boat Rental Seekers LLC plus actual installation/repair costs billed to Boat Rental Seekers LLC by the repair facility.


Initial TB_____________

20) I understand that I am responsible for the PWC that I am renting as well as any PWC, boat, structure, or any other matter or property that I may come in contact with. If I am involved in any type of accident that damages the property of Boat Rental Seekers LLC, I will pay them for their losses IMMEDIATELY!

21) On the day of your rental:
The guests meet the captain and/or the first mate at the selected location.

 

The captain will go through the boat safety checklist and signing the waiver is required. We recommend arriving 15 minutes before your rental time.
 

An understanding of how to operate the boat (once onboard) is necessary. It is essential for the safety of everyone in the rental group that they understand the safety information and operating instructions provided for them.
 

Boat Rentals Seekers LLC reserves the right to refuse service to any individual (or group) if, in the opinion of our staff, a question exists regarding their ability to understand and follow the rules, regulations, safety instructions, laws, and/or operation of the boat.
 

We require a credit card for the $350 security deposit to put it on hold.


If you cancel your reservation within 24 hours in advance, you will receive a full refund.


If you cancel your reservation last minute you will receive no refund.


There is one exception to our policy. If the National Weather Service issues a small craft advisory for our area, we will not allow any rental boats to launch. In this case, you will receive a full refund.

 

22) Boat Renters Seekers who are also private home renters in which our company (PGBR) will not be responsible for any damages to owners' lift, pier, dock, or seawall. Make use of the (3) bumpers on the boat to secure the boat properly.

If you need instructions, please contact the captain at 239-898-3152 at any time. It is very important the boat is secured properly. The captain will show you how to secure the boat on the dock/pier.

This responsibility will be solely renters’ responsibility and under renter’s cost. Also please be aware all damages to the "Pontoon Boats" will also be renters’ responsibility or any cost incurred by damages. 
 

I AGREE TO AND UNDERSTAND ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE AND UNDERSTAND THAT THIS AGREEMENT APPLIES TO MYSELF AND ANY AND ALL PASSENGERS LISTED BELOW. I AM GIVING CONSENT FOR ANY AND ALL PASSENGERS BELOW TO PARTICIPATE AS A PASSENGER ON THE PWC/BOAT THAT I AM RENTING FROM Boat Rental Seekers AT THE SAME TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE PASSENGER(S) LISTED BELOW.

Signature Date: 03/14/2021 
Print Name: John Smith
Full Street Address: 398 Sam Allen Rd 
City: Sanford     State: Maine 
Zip Code:04073 

Passengers on my vessel for which I am the parent/legal guardian: 
Na 

...Don’t let this happen to you! Please stay 100 feet from everything at all times!

 

Repair Table: Total Cost of PWC $11,400 
1. Hood $810 6. Corner Rub rail $350 10. Side Rub-rail $205 
2. Windscreen $325 7. OPAS Paddle $245 11. Front Rub-rail $240 
3. Key $150 7a. OPAS Ass. $200 Fiberglass Damage $225 per SQ Inch 
4. Reverse Lever $330 8. Sponson $95 Sm Gelcoat Damage $285 per SQ Inch 
5. Rear Rub-rail $185 9. Decal $190 Lg Gelcoat Damage $325 per SQ Inch

I AGREE AND UNDERSTAND AND I AM SUBJECT TO DEPOSIT FORFEITURE FOR THE FOLLOWING: 
1) IN MARINA, THE DRIVER MUST FOLLOW NO WAKE ZONE - MEANING SLOW SPEED IN MARINA 
2) FLIPPING OVER A JETSKI FOR ANY DURATION OF TIME 
3) FAILURE TO KEEP 100 FEET DISTANCE FROM OTHER RIDERS AT ANY TIME - IMMEDIATE DEPOSIT FORFEITURE 
4) ANY & quote; BUMP & quote; OR COLLISION - YES IT HAPPENS!!! BE CAREFUL 
5) FAILURE TO NOTIFY Boat Rental Seekers LLC OF FLIPPED/SUBMERGED PWC 
6) EXITING PERMITTED RIDING ZONE 
7) EXCEEDING RENTAL PERIOD OVER SCHEDULED TIME WILL BE CHARGED AT 2X REGULAR RATES, AGAINST THE DEPOSIT. 
8) INTERIOR DAMAGE - FISHING HOOK DAMAGE OF PONTOON CANOPY OR SEATS
9) I HEREBY AGREE BOAT IS SUPPLIED WITH (14) LIFE JACKETS
(AGES 2 YEARS TO ADULTS) MAX WEIGHT/PASSAGES ON THE BOAT HAVE BEEN CONFIRMED.
10) In addition, Indemnification of Punta Gorda Boat Renter: Customer agrees to indemnify and hold harmless (PGBR) for any and all damages to property or persons arising out of the use of the boat, the company (PGBR) of ALL damages or cost to private home owner’s lift/pier/dock/seawall.

I understand the location I have selected is a rental home or home for sale owned by a private owner in which our company will not be responsible for any damages to owners' lift, pier, dock, or seawall. This responsibility will be solely RENTERS responsibility and under RENTERS cost. Also, RENTER is aware all damages to the 2021 - 18' Suntracker Pontoon Boat will also be under RENTERS responsibility or any cost incurred by damages, in addition, BOAT RENTAL SEEKERS LLC will be held whole harmless for ALL damages or costs to the private home owner’s lift/pier/dock/seawall. I HEREBY REFER TO MYSELF AS “I”, “MY”, OR “RENTER”.

11) Boat Rental Seekers requires to be very alert and mindful of alcoholic beverages on the boat. BUIs are very costly on “Holidays”, which include boating. Boat Renter Seekers will not be responsible for any alcohol-related accidents nor BUI ticketing as well as incarceration by law. Renter declares no alcohol incidents permitted on Boat Rental Seekers Pontoon Boat. ____________ INITIAL TB
 

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