BROWN’S POINT MARINA
BOAT RENTAL CONTRACT AND LIABILITY WAIVER
FOR EMERGENCIES CALL THE MARINA AT:
(732) 264-2940
AND / OR ON THE BOAT RADIO TUNE TO CHANNEL:
16
YOU MUST CONTACT THE OFFICE TO MAKE ANACTUAL RESERVATION
THIS IS A LEGALLY BINDING CONTRACT. YOU ARE URGED TO REVIEW THIS AGREEMENT IN FULL PRIOR TO SIGNING BECAUSE YOU ARE BOUND TO THE TERMS OF THIS AGREEMENT ONCE SIGNED. RENTER IS REQUIRED TO READ ALL PAGES OF THIS CONTRACT AND INITIAL EACH CLAUSE BEFORE SIGNING THIS DOCUMENT.
CONTRACT PROVISIONS
THIS CONTRACT is made by and between Brown’s Point Marina, LESSOR, hereinafter referred to as “BPM” located at 357 West Front Street Keyport, New Jersey 07735, Phone (732) 223-6834
and;
LESSEE AND RESPONSIBLE PARTY, hereinafter referred to as “LESSEE, CUSTOMER or RENTER”
SECURITY DEPOSIT: Upon arrival, a security deposit will be required. The deposit can be a paid via credit card or shall be held in cash. The security deposit will be returned after the rental craft is checked out for damage and the rental bill and all charges are paid. A non-refundable Reservation Deposit will be required. The Reservation Deposit shall either be returned upon the rental price being paid in full or applied towards the rental price.
RENTAL INFOMRATION AND PRICING: Rental departure full day is at 9am with return no later than 3pm and 9am to 12pm or 12pm to 3pm half day rental for the Pontoon Boat only. There will be a late charge of $50.00 for the Skiffs and $100.00 for the Pontoon Boat for every half hour late. YOU MUST ARRIVE ONE HOUR EARLY FOR AN INSTRUCTION VIDEO AND TO RECEIVE A TEMPORARY ONE DAY BOATING CERTIFICATE.
A non-refundable reservation deposit in the amount of $150.00 will be required to reserve a boat. Upon the rental price being paid, the reservation deposit can either be returned or applied towards the rental price.
A security deposit in the amount of $100.00 will be required for the Skiffs and $200.00 for the Pontoon Boat. Upon the boat being returned undamaged, the deposit will be returned. If the boat is damaged, the deposit will be used to defray the costs of the damage. The lessee will be required to pay for all of the damages. Upon the boat being returned undamaged, the security deposit can either be returned or applied towards the rental price.
The rental price for the Skiffs is $250.00 per day and $750.00 for the Pontoon boat full day and $400.00 for the Pontoon Boat half day.
OCCUPANTS: For the Skiffs, the maximum number of passengers is 4 with total gross weight of no more than 400 pounds. For the Pontoon boat, the maximum number of passengers is 12 with total gross weight of no more than 2,200 pounds.
ONCE UNDERWAY, IT IS CRITICAL THAT THE PASSENGER WEIGHT DISTRIBUTION BE EVEN AND THAT THE LESSEE OBSERVES THAT THE BOAT IS NOT LISTING.
Lessee must be at least 18 years of age for the Skiffs and 25 years of age to rent the Pontoon boat and must have a valid Driver's License.
In consideration of the Contract herein, BPM (hereinafter “RENTAL COMPANY”) agrees to rent to the undersigned Customer (hereinafter “RENTER”) the craft and equipment described herein. In the event the craft is not returned at the specified “Return Time”, said RENTER agrees to pay for OVERTIME at a rate of $50.00 for the Skiffs and $100.00 for the pontoon boat per each half-hour for each 30 minutes until the craft and all equipment is returned.
THE RENTER CERTIFIES THAT HE/SHE HAS EXAMINED THE RENTAL CRAFT AND EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE RENTAL CRAFT IN ACCORDANCE WITH ALL SAFETY RULES, REGULATIONS, AND LAWS, AS POSTED IN THIS OFFICE OR ON THE RENTAL CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES, REGULATIONS, AND LAWS.
RENTER AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO RENTAL COMPANY IMMEDIATELY.
This certifies that I (We), the Renter(s) am/are and capable in all aspects of the handling and operation of the rental craft as listed above. LESSEE agrees said rental craft will not be occupied by a greater number of persons that is shown in this rental Contract. I, the Lessee(s), am/are aware of the NO WAKE areas and law, and am/are responsible, at my sole cost and expense, for any damage caused by my wake.
I authorize and allow BPM, LLC to charge my credit card for any damages or loss of equipment (life jackets, bumpers, ropes, anchor, etc.) as set forth in the BOAT RENTAL DAMAGE EXPENSE LIST and the LOAD SLIP LIST which are attached to this CONTRACT as “Exhibit A” and “Exhibit B” respectively and incorporated by reference herein. Boat rental price does not include tax.
The RENTER acknowledges he/she has carefully examined the rental craft and finds it suitable for the purpose for which it is leased, and that or other accessory equipment is in suitable and acceptable condition: that he/she will maintain both rental craft and equipment (listed above) in a safe, dependable condition while in their custody.
RENTER agrees not to use, nor permit the use of the rental craft in connection with (a) any unlawful purpose (including but not limited to possession or consumption of illegal substances of any kind whatsoever); (b) in a reckless, careless, or negligent manner; (c) while under the influence of liquor, narcotics, or any other illicit drugs; (d) by any other person not the signatory of this Contract.
In accordance with the WAIVER and RELEASE OF LIABILITY AGREEMENT accompanying this Boat Rental Contract (attached as “Exhibit C” and incorporated by reference herein) Renter acknowledges his/her responsibility for the safe and proper operation of the craft, and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY RENTER that the RENTAL COMPANY shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. RENTER FURTHER AGREES to indemnify and hold harmless the RENTAL COMPANY 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 said rental craft. RENTER further agrees to hold the RENTAL COMPANY harmless should loss or damage occur to any RENTER’S personal property while carried in, or on, the rental craft including loss of damage by fire, water, theft or any other causes whatsoever, and RENTER assumes full responsibility for same.
RENTER expressly agrees to indemnify and hold RENTAL COMPANY and its agents, servants, employees, affiliates and personnel harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of the forgoing rental contract by RENTER. In the event RENTAL COMPANY is required to institute any legal proceeding to enforce any provision of this Contract, RENTER shall be liable for all damages incurred by RENTAL COMPANY, including all reasonable attorney fees, costs, expenses incurred in connection with collection of delinquent rent or compensation for damages suffered by RENTAL COMPANY, and in the event of suit by RENTAL COMPANY, to recover possession of said rental property and/or to enforce any term, condition and/or provisions hereof.
In the event of any malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft, the RENTER will immediately report it to RENTAL COMPANY. Continued use of the rental shall entirely be at the RENTER’S risk and thus RENTER assumes all liability of injury and damage to all person(s) and property that may become involved by its continued use.
RENTAL COMPANY’S ability to provide a rental craft is expressly contingent upon and subject to the return of the craft by the previous customer(s), mechanical breakdown, safety issues, weather, acts of God, force majeure, or any other causes beyond RENTAL COMPANY’S immediate control.
RENTAL COMPANY reserves the right to cancel this Rental Contract without prior notice due to inclement or impending bad weather. The decision to cancel any rental shall be at the sole and exclusive discretion of Benchmark Boat Rentals, LLC. In the event of cancellation due to inclement weather, RENTAL COMPANY shall not be liable for any damages, expense, or other loss claimed by RENTER. In the event the rental is cancelled by RENTAL COMPANY during the rental period, rental fees will be pro-rated based on time used. In the event that the RENTER elects to return early for any reason, including but not limited to weather, illness, or any other reason(s) there will be no refunds for any unused portion of any rental.
RENTER certifies that he/she will not permit any person(s) to stand and/or sit on the front and/or back of the rental craft while the engine is running or while in motion/operation.
RENTER certifies that he/she will close all front/back/side access openings/exits and will not permit person(s) to stand on the front/back/side access openings/exits while the engine is running or the rental craft is in motion/operation.
RENTER certifies that he/she will not permit any person(s) to stand on any seats and that all person(s) will be seated when the engine is running or the rental craft is in motion/operation.
RENTER certifies that he/she will enforce the rules, regulations, and laws that children twelve (12) years of age and under will, at all times, wear a life vest while on the rental craft while the engine is running or said rental craft is in motion/operation.
RENTER certifies that they will watch the madnditory safety video and read the operation guildines before using the boat.
This Contract shall be governed by the laws of the State of New Jersey. Should any term or condition of this rental Contract be held void or unenforceable, then that term shall be deemed severed from this Contract, then that term shall be deemed severed from this Contract and the enforceability and the remainder shall not be affected and will remain in full force and effect.
The rules, regulations, and laws contained herein and as posted in the RENTAL COMPANY office, on the craft, and/or on the grounds used by the RENTAL COMPANY are for the safety and welfare of all who use the facilities. The RENTER certifies that he/she has read and understands said rules, regulations, and laws and further assumes the responsibility that his/her family and or guest(s) will obey the rules, regulations, and laws.
This Contract is and shall be binding upon all parties who sign it and upon all those persons who succeed to their rights and responsibilities, such as their heirs, assigns, and their Executor/Executrix, now and forever.
AGREEMENT TO SUBMIT DISPUTES TO ARBITRATION AND WAIVER OF RIGHT TO TRIAL BY JUDGE OR JURY. It is understood and agreed by the parties that any dispute arising in connection with the Contract, including collections of unpaid fees, claims for personal injury and any property damage claims shall be resolved by submission to binding Arbitration pursuant to the rules of the American Arbitration Association. Arbitration is a proceeding wherein a single person (the “Arbitrator”) decides the case, rather than a Judge or a Jury. The means by which either party can challenge the findings of an Arbitrator are very limited and there is no right to appeal. By signing this agreement, YOU ARE GIVING UP AND WAIVING THE RIGHT TO SEEK RELIEF IN ANY COURT FOR ANY CLAIMS RELATING TO THE BREACH OF THIS AGREEMENT OR FOR COMPENSATION FOR DAMAGES RESULTING FROM THIS CONTRACT OR THE USE AND OPERATION OF THE SPECIFIED VESSEL
RENTER represents and covenants that he/she entered into this Agreement without any coercion, duress or undue influence and that they have read and understand all of the provisions herein and deem it fair and reasonable, intending to be bound thereby.
THE TERMS AND CONDITIONS OF THIS CONTRACT AND ATTACHMENTS CONTAIN THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN RENTAL COMPANY AND THE RENTER. NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL CONTRACT.
I, (WE), HAVE READ ALL PAGES OF THIS CONTRACT AND ALL ATTACHMENTS AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH HEREIN. I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONTRACT.
EXCEPT AS MAY OTHERWISE BE EXPRESSLY CONTAINED HEREIN TO THE CONTRARY, THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE SAME IS FULLY EXECUTED BY ALL PARTIES TO BE CHARGED HEREUNDER.
BOAT RENTALS DAMAGE EXPENSE LIST
The CUSTOMER agrees to and accepts the following charges for repair or replacement of any parts or equipment lost or damaged during the rental:
Propeller $186
Skeg $250
Complete Lower Unit/Gear Housing Replacement $2,000/$4,000
Fiberglass Repair Under 1” Circumference $225 Fiberglass Repair 1” To 3” Circumference $350
Fiberglass Repair 3’ to 6’ Circumference $425
Extensive Fiberglass Or Boat Damage $QUOTE
Bow Rider Bimini Complete $730 , Bow Rider Bimini Frame Only $324 , Bow Rider Bimini Canvas $405
Pontoon/Deck Boat Bimini Complete $1,130
Pontoon/Deck Boat Bimini Frame Only $650
Pontoon/Deck Boat Bimini Canvas $480
Pontoon/Deck Boat Bimini Railing Replacement $1,500
Pontoon/Deck Boat Bimini Front/Side Door $320
Vinyl Seat Damage $175, Vinyl Seat Replacement $420
Navigation Light $36
Anchor Light $70 Side
Windshield With Wing $210
Center Folding Windshield $120
Port/Starboard Windshield $140
Pontoon/Deck Boat Windshield Complete With Latches $150
Ladder $148
Child & Adult Ski Vest $30/40
Safety Life Jacket $16
SOS Flag $12
Flare Kit $36
Fire Extinguisher $39
Throw Cushion $18
Anchor Kit $120
Paddle $45
Dock Line $12
Fender $24
Splitter $23
BOAT RENTAL CHECKLIST
Boat Rental Contract Signed and Liability Waiver Signed
Payment received
Security deposit
Boating course
Departure and Return Times
Life Vests
Type IV Cushions
Navigation Chart
Anchor
Signal Kit
Radio
Safety Manual
Bilge Pump Working
Fire Extinguisher
Safety Lanyard
Propeller OK
Engine Check
Fuel Full
Dock Lines
Safety Anchor Line
Safety Bumpers
Safety Canopy
Safety Dock Lines
Safety Equipment Bag
Safety Fire Ext.
Safety Paddle
RENTER acknowledges receipt of the above listed equipment and finds same to be in the condition and quantity described herein. I acknowledge that I am responsible for the cost of replacement as itemized in the BOAT RENTAL DAMAGE EXPENSE LIST if any equipment is lost or damaged during the rental. I have had all of my questions about boat safety and operation answered to my full and complete satisfaction:
LIABILITY WAIVER
I. DISCLAIMER This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by BROWN'S POINT MARINA (For purposes of this Waiver and Release, the term “Rental Company” includes all employees, agents, representatives, servants, assigns, successors, insurers, and subsidiaries of BROWN'S POINT MARINA. The undersigned agrees that he/she is also signing this Release on behalf of the undersigned’s minor children. Renter agrees that he/she will disclose to Rental Company all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Rental Company 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 of Rental Company.
II. EXPRESS ASSUMPTION OF RISK The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Rental Company 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, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence of Rental Company.
III. WAIVER/RELEASE OF LIABILITY By the execution of this Release, the undersigned agrees that Rental Company shall not be liable for any damages arising from personal injuries and/or property loss sustained by the undersigned or any minor children under the undersigned’s custody, care and control, as a result of any and all actives related to the rental, operation, or use of equipment provided by Rental Company including but not limited to drowning and other related injuries, collisions with other watercraft or stationary objects, physical contract/collisions with rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Rental Company shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Rental Company shall not be responsible for any such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE BY RENTAL COMPANY, 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 Rental Company.
IV. LIABILITY TO THIRD PARTIES The undersigned hereby agrees that he/she will indemnify and hold harmless Rental Company 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 child 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 provide by Rental Company, even if such damages arise out of the negligence of Rental Company.
V. 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 also understands that he/she has an opportunity to bargain for different waiver of liability terms and voluntarily waives his/her right to do so. By executing this document, the undersigned warrants that he/she is fully aware that he/she is waving any right he/she may have to bring a legal action to assert a claim against Rental Company of Rental Company’s negligence.
VI. The undersigned hereby agrees that in the event any term or any part of any term of this Agreement is determined to be void or unenforceable, such term or part of a term shall be considered separate and severable from this Agreement and the remaining terms shall continue in full force and effect.
VII. WHEREAS, the Renter/Customer has entered into a Rental Agreement with Brown’s Point Marina (the “Rental Company”); and WHEREAS, the Renter/Customer may request that Brown’s Point Marina provide, at the request of and solely as a courtesy to the Renter/Customer, a referral to an independent person to operate the Rental Boat during the term of the rental (the “Crew/Captain for Hire”); and WHEREAS, the Customer acknowledges that he or she will remain liable for any and all damage to any person or property as set forth in the Rental Agreement, whether caused by the Renter/Customer, his or her guests, the Crew/Captain for Hire, or any other person(s); and NOW, THEREFORE, the Customer hereby acknowledges and agrees as follows:
VIII. DISCLAIMER The undersigned may be referred to a Crew/Captain for Hire solely at the request of and for the benefit of the undersigned Renter/Customer. Brown’s Point Marina makes no express or implied representations or warranties as to the training, skills or qualifications of the Crew/Captain for Hire.
IX. EXPRESS ASSUMPTION OF RISK The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Rental Company 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, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence of Rental Company or the Crew/Captain for Hire. The Customer remains liable for any damage to the Rental Property.
X. WAIVER/RELEASE OF LIABILITY By the execution of this Release, the undersigned agrees that Rental Company shall not be liable for any damages arising from personal injuries and/or property loss sustained by the undersigned or any minor children under the undersigned’s custody, care and control, as a result of any and all actives related to the rental, operation, or use of equipment provided by Rental Company including but not limited to drowning and other related injuries, collisions with other watercraft or stationary objects, physical contract/collisions with rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Rental Company shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Rental Company shall not be responsible for any such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE BY RENTAL COMPANY or by the CREW/CAPTAIN FOR HIRE, 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 Rental Company.
XI. LIABILITY TO THIRD PARTIES The undersigned hereby agrees that he/she will indemnify and hold harmless Rental Company for all personal injuries, property damages, or any other damages to any and all third parties, including but not limited to, the Crew/Captain for Hire or any other operators and passengers of other watercraft and minor child 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 provide by Rental Company, even if such damages arise out of the negligence of Rental Company or the Crew/Captain for Hire.
XII. ACKNOWLEDGMENT OF WAIVER AND RELEASE The undersigned states that he/she has had sufficient time to consider and 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 also understands that he/she has an opportunity to bargain for different waiver of liability terms and voluntarily waives his/her right to do so. By executing this document, the undersigned warrants that he/she is fully aware that he/she is waving any right he/she may have to bring a legal action to assert a claim against Rental Company for Rental Company’s negligence.
XIII. SEVERABILITY The undersigned hereby agrees that in the event any term or any part of any term of this Agreement is determined to be void or unenforceable, such term or part of a term shall be considered separate and severable from this Agreement and the remaining terms shall continue in full force and effect.
XIV. I agree to follow all instructions given on the use of the equipment as well as the rules related. I agree that I will not use said equipment until I receive and fully understand the operation and use. I understand that no refunds will be given due to loss of privileges related to rule violations or INCLIMENT WEATHER. I received one boat equipped with safety equipment for above amount of people and I will not carry more people on board as stated above. If I operate this Boat with more people than stated above or operate in an unsafe manner, will not hold Brown’s Point Marina or Jersey Jet Ski, Inc. responsible for personal injuries or injuries to others. I understand that the risks involved and hereby agree on behalf of myself and all others on board with me. I understand I am responsible for all damages incurred to Brown’s Point Marina and or Jersey Jet Ski’s roperty and will pay appropriately to fix said damages. Any operator or Renter is responsible for any property damage caused while operating the vessel.