DRIVERS/OPERATORS MUST COMPLETE THIS WAIVER

 

(Any driver born on or after 1/1/1988 is required by law to have a valid Boating Safety Certificate.  You can obtain one at the below link and upload to this form.)

Florida Boating Safety Certificate

 

By the execution of this Agreement, the undersigned agrees that Twisted Anchor Boats, LLC, shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned's custody, care, and control, as a result of any and all activities related to the rental, operation, or use of the Boat. The undersigned assumes full responsibility for any and such injuries or damages which may occur, and further agrees that Owner shall not be liability for any loss or theft of personal property. The undersigned specifically agrees that TWISTED ANCHOR BOATS, LLC, SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Twisted Anchor Rentals, LLC.

I.     DISCLAIMER - This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by Twisted Anchor Boats, LLC, or purposes of this Waiver and Release, the term “Rental Company” includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Twisted Anchor Boats, LLC. If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter/Participant agrees that he/she will disclose to Twisted Anchor Boats, LLC all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Twisted Anchor Boats, LLC of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of Twisted Anchor Boats, LLC. 

II.    ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action and ships’ wakes; 2) Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms, including, but not limited to sharks and/or sting rays; 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature, 9) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration. Further, the undersigned understands that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.   

III.   EXPRESS ASSUMPTION OF RISK - The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Twisted Anchor Boats, LLC at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk of injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Twisted Anchor Boats, LLC. 

IV.   WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Twisted Anchor Boats, LLC from any and all liability of any nature for any and all injury or damage arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Twisted Anchor Boats, LLC  regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Twisted Anchor Boats, LLC shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Twisted Anchor Boats, LLC shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY TWISTED ANCHOR BOATS, LLC, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Twisted Anchor Boats, LLC. Twisted Anchor Boats, LLC is not responsible for any injury or death on board of the vessel. 

V.    LIABILITY TO THIRD PARTIES - The undersigned hereby agrees that he/she will indemnify and hold harmless Twisted Anchor Boats, LLC  for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Twisted Anchor Boats, LLC even if such damages arise out of the negligence or fault of Rental Company. 

VI.   ACKNOWLEDGMENT OF WAIVER AND RELEASE - The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Twisted Anchor Boats, LLC  with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. Twisted Anchor Boats, LLC is not responsible for any injury or death on board of the vessel. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Twisted Anchor Boats, LLC for Twisted Anchor Boats', negligence.    

 

DRIVER/OPERATOR RESPONSIBILITIES

1. ACCEPTABLE USE: Operator/Driver agrees and acknowledges that he/she will be the sole operator of the boat, and will use the Boat in a careful, safe and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by Twisted Anchor Boats, LLC, and any applicable laws or regulations of the state of Florida.

 

2. KILL SWITCH: Florida "Ethan's" Law requires the driver/operator to wear the kill switch at all times while operating the boat. DO NOT LEAVE THE HELM AT ANY TIME IF THE MOTOR IS RUNNING.

 

3. SPECIAL HAZARD LAW: Requires all boaters within 300 feet from a law enforcement boat with the lights or sirens on, to slow to minimum wake speed.

 

4. Driver and Participant responsibilities: Everyone is to remain seated in designated seating areas while the boat is in motion. Do not sit on the back of the seats. Do not stand on the seats. Keep gates closed at all times while the boat is in motion. Do not enter the water when the motor is on. Do not dive in the water before the water depth is confirmed.  

5. Life Jacket Requirement. Adult Coast Guard approved Life jackets are available and easily accessible on board. Life jackets are required to be worn at all times for children age 6 and under while onboard the vessel. Any one on board 90lbs or under will be required to have a life jacket available at all times. If child life jackets are not available by the rental company at the time of the rental, it is the Renter/Operator/Driver's responsibility to provide Coast Guard approved children/youth life jackets. (Children/youth life jackets are subject to availability.)

6. INFANTS:  It is not recommended for infants to be onboard. However, if they are brought on board, the renter signed on the contract assumes all responsibility, risks and liability for the infant. A Coast Guard approved life jacket will be mandatory for the infant-size 8-30lbs and if one is not available at the time of the rental by Twisted Anchor Boats, LLC, then the renter must provide one.

7. A valid Boating Safety Certificate is required for anyone operating the boat born after 01/01/1988 and must be listed on this contract. Minimum age of driver/operator for the vessel is 30 and must provide a copy of his/her valid driver's license and a valid Boating Safety Certificate where applicable.

 

8. Pet & Fishing Policies: Are with prior permission and are outlined in the Rental Agreement and under FAQS on the website. 

9. Damages: Any and all damages suffered to the Boat during the time of the rental agreement is the renters responsibility. Operator/Driver/Renter agrees he/she is fully responsible for all of the costs incurred to restore the Boat to the condition it was in at the time the rental began.

PLEASE SEE BELOW REGARDING PURCHASING OPTIONAL INSURANCE COVERAGE.

Twisted Anchor Boats, LLC, will provide an itemized repair bill, including lost rental time. (Lost rental time begins with the date of the itemized repair bill, and stops when the watercraft is once again available for rental.) The boat will be fully inspected upon return at the end of rental agreement. Returing to the dock early, after incurred damage, does not consititue a refund of any kind.

If damage was not conveyed but discovered by Twisted Anchor Boats after the end of the rental period, the renter will be notified immediately upon discovery along with an itemized repair bill.

 

INSURANCE COVERAGE DURING THE RENTAL PERIOD

In accordance with state law, Drivers will have the opportunity to purchase OPTIONAL insurance coverage during the rental period. 

A link will be texted from Bouy the morning of the start of the rental period and must be completed before boarding even if coverage is declined.

If you purchase insurance with dates and times on this contract, you will only be covered for those specific dates and times. 

10.Towing: If the boat gets stuck, is in an accident requiring a tow, or if the boat runs out of gas during the rental period, it will be at the renter's expense. (Please see Damages #10, regarding any further damage charges.)

PLEASE CALL 941-348-0331 FIRST.  If Twisted Anchor Boats is available to bring fuel, a minimum charge of $100 plus fuel cost will be at renter's expense.  A towing company may need to be called in at the renters expense.

All boats are equipped with an Apple Airtag for emergency location purposes.

11. Condition of Boat upon Return: The renter/driver/operator shall return the Boat to Twisted Anchor Boats, LLC, on or before the termination date and at the specified location clean and free of garbage and debris, in the same condition in which the boat was rented, including all part and accessories, ordinary wear and tear excepted, with a full tank of gas.

12. FUEL IS NOT INCLUDED IN YOUR RENTAL.  If the gas tank is not returned full, there will be a charge of $5.00 per gallon used and the CC card on file will be charged.  

If Twisted Anchor Boats fills up the gas tank, IT IS THE DRIVER'S RESPONSIBILITY TO CHECK THE FUEL GAUGE BEFORE AND UPON RETURN SO THERE IS NO QUESTION ON CHARGES.

PLEASE DO NOT RETURN THE BOAT WITH AN EMPTY TANK.

The option to fill up at a near by marina is also available.

 

13. NO REFUNDS OR CREDIT WILL BE ISSUED if the boat is returned earlier than the rental period stated on the rental agreement. 

 

14. SMOKING IS PROHIBITED ON BOARD THE VESSEL.

 

15. ALCOHOL POLICY:

• NO alcohol consumed by the operators
• NO hard liquor
• NO glass onboard
• NO underage drinking

 

16. PONTOON SAFETY CHECK LIST.

PROHIBITED ACTIVITIES

• Operator/Driver shall not violate any of the following rules and regulations during his/her operation of the Boat: There is no smoking, no sharp objects, no aerosol spray, no rowdy or unsafe behavior, no grills/open fires, no fireworks, no firearms, no illegal drugs, no towing/tubing/skiing, using life jackets to wade in the water, are not permitted on the Boat.

• Operator/Driver agrees not to consume alcohol or will be under the influence while operating the Boat.

• Driver assures that he is the only one driving the boat and does not allow anyone else drive the boat that has not been approved by Twisted Anchor Boats and has not signed the driver/operator waiver.

• Driver and Participant responsibilities: Everyone is to remain seated in designated seating areas while the boat is in motion. Do not sit on the back of the seats. Keep gates closed at all times while the boat is in motion. Do not enter the water when the motor is on. Do not dive in the water before the water depth is confirmed.  

• I understand that under Federal and/or State law it is a crime to operate a boat while persons are sitting on the front (bow), sides (gunwales), rear (stern), or swim platform. This behavior is considered grossly negligent operation of a boat.

• Unsafe and Hazardous use: Driving outside the channels not only damages the prop and motor but also the grass flats that marine life utilize, not adhering to Slow wave/No wake zones, docking at a high rate of speed, alcohol consumed by the driver/operator could be cause to be stopped and may result in fines by the USCG, FWC, Manatee County Marine Sheriff and/or Twisted Anchor Boats, LLC.

NAVIGATION while onboard: 

All boats are equipped with a Marine Garmin GPS and each driver/operator will have a tutorial on it's use before leaving the dock.  

We also recommend downloading on your phone, the SAVVY NAVVY app.  There is a free two week version.  Please look for the icon   

       

 

NAVIGATION LIMITS:

Permissible areas

Jewfish Key Sand Bar
Beer Can (Greer) Island
Sister Key 
Palma Sola Bay
Dock & Dine restaurants in the ICW

Permissible areas below are dependant on weather conditions, driver experience and # of people on board.

South of Longboat Key
Around Anna Maria Island-in the ICW and Gulf
Gulf Waters-no further off the coast than 1 mile

Passage Key (Clothing optional area)

 

Not Permissible 

North of Anna Maria Island
North of Passage Key
Docking at Anna Maria City Pier
Anchoring off on the beach on the Gulf Side
Driving inside the swim bouys on the Gulf Side

TWISTED ANCHOR BOATS DRIVER/OPERATOR POLICIES

• If at any time Twisted Anchor Boats, LLC, determines that Operator/Driver has engaged in an unsafe or hazardous use of the Boat, Twisted Anchor Boats, LLC, may immediately terminate the rental portions of the Agreement at the renter's expense.

• If the rental is terminated for unsafe or hazardous use the Renter will not be refunded his/her rental fee. Twisted Anchor Boats, LLC, shall determine, in its sole discretion, whether any behavior or activity is "unsafe or hazardous."

• Twisted Anchor Boats, LLC reserves the right to refuse any driver if a representative of the company feels the driver has misrepresented themselves in regards to experience and/or safety.  This may result in termination of the rental at renter's expense.

FLORIDA SB606 LAWS:  Safety is our utmost priority while you are on the water. Florida implemented new safety livery laws, SB606, and we are in compliance offering the option for our client to purchase insurance to cover the rental period, a Boat Livery Permit, NASBLA Safety Certified, specific insurance requirements and have all approved and required USCG safety equipment onboard.

WEATHER WHILE ON THE WATER:  You are in the Tropics and weather can come in that is not always predictable so we recommend you have weather alerts on your phone.

If you do not have weather alerts, we recommend this one for local radar and weather updates. Text 941-348-3292 for the link:  ABC WWSB FIRST ALERT WEATHER