A word of understanding please:  Island Freedom represents a huge investment for us and we believe one of the nicest, well equipped rental boats you can find on Marco Island.   As we are renting to people whom we do not know, we need to take certain precautions to ensure our Vessel is treated and used responsibly.   

We have heard "Horror Stories" of "Holiday Boaters" that have not used a boat in years, or EVER, and want to learn on Marco Island.  BAD IDEA!!!  Boating, while incredible fun,  is very serious stuff.  This agreement,  and our approach in general, represent that mind set.  

TERMS AND CONDITIONS  OF THIS RENTAL AGREEMENT

In consideration of the covenants contained herein, TROPICAL PARADISE BOAT RENTAL, LLC, hereinafter the         “OWNER”, hereby leases to the undersigned Lessee, (including any passengers, guests or invitees), hereinafter the “RENTER” upon the covenants, terms and conditions set forth herein, one 1994 Aquasport 22 Explorer W/200 HP Yamaha engine, Hull ID AQABJA13L394, hereinafter referred to as “VESSEL”.

LIMITATIONS:  If RENTER is found to be violating ANY of these limitations, they agree to turn over the VESSEL immediately with NO refund.  Further,  If RENTER is found to be using or maintaining the VESSEL in a manner considered harmful/dangerous, then at the OWNERS option, the OWNER may confiscate the VESSEL with no refund do to the RENTER.   

·         PARTY SIZE:  The maximum party size on this VESSEL is 6.  The ratio of Adults to Children must be at least 1 adult to every 2 children. 

·         RANGE:  Use of this VESSEL is confined to within 1 mile of Marco Island  -OR- Sight of Marco Island, which ever is closer. 

·         TIME OF DAY:  This VESSEL MUST be returned to its mooring location prior to DUSK –OR- 7:00 PM which ever is earlier – There is NO night time use allowed.   VESSEL cannot leave port before Sunrise.

·         OPERATOR AGE:  RENTER certifies that he/she is at least 30 years of age and has a current valid driver’s license.  RENTER certifies he/she is the parent or legal guardian of any minors who ride on the VESSEL.  The undersigned RENTERS certify that they have the authority on behalf of all VESSEL passengers to sign this agreement on their behalf and bind them to the terms herein.  ONLY THE RENTERS WHO SIGN THIS AGREEMENT MAY OPERATE THE VESSEL.

·         EXPERIENCE:  Our VESSEL is rented to EXPERIENCED POWER BOATERS of similar size crafts only.  By signing this agreement you are stating your believe in your ability to PASS a reasonable CHECK OUT RIDE.  As we will be reserving the VESSEL for you based on your signing this agreement and acceptance of your deposit, there will be NO REFUND of your deposit in the event that you CANNOT pass the CHECK OUT RIDE.  When in doubt, DO NOT rent our VESSEL.  Your safety is of primary concern to us.

·         WEATHER:  RENTER agrees to use the VESSEL in SAFE water conditions ONLY and to monitor the weather patterns in a effort to avoid being caught in a Thunder Storm.  This VESSEL is NOT to be operated in storm conditions or rough seas.

FEES/CHARGES

·         DEPOSIT:  A deposit of 20% of your Estimated rental is required to reserve the VESSEL for you.  This is a NON REFUNDABLE deposit, as we will be reserving the VESSEL for you and NOT making it available to rent it to others during the same time period. 

·         SECURITY: Security is required in the amount of $500. It is payable prior to use of the VESSEL.  In the event there is damage to the VESSEL some or all of this Security may be forfeit and additional charged may be levied. 

·         PAYMENT OBLIGATION: RENTER agrees that ANY advance payment or security deposit may be used for payment of all or part of the costs associated with this rental up to its full amount.  RENTER further agrees to pay costs in excess of the deposit to the OWNER on demand.  RENTER agrees to honor all Payment or Credit Card charges connected to this RENTAL even if not directly authorized on a CREDIT CARD FORM.  RENTER expressly agrees to pay the OWNER on demand all time, services, minimum and other charges applicable to the rental of this VESSEL at the rates or amounts specified herein or those deemed reasonable if unspecified.  

·         PARTIAL REFUNDS/CANCELLATIONS:  This VESSEL has been “Rented” to the RENTER for the entire period of the rental and there will be NO credit for an early return.  Cancellations must be made in writing at least 30 days prior to the scheduled USE date. ANY Cancellation ON or MORE THAN 30 days PRIOR to the USE DATE will result in forfeiture of ALL advance payment unless the VESSEL can be re-rented. If FULLY re-rented for SAME amount all money will be returned within 30 days of the new USE date. If a 30 day advance cancellation results in only a partial re-renting, then the canceling party (RENTER) agrees to absorb the cost of the un-rented period as a result of their cancellation.  Further, the RENTER gives the OWNER sole discretion to discount the VESSEL to re-rent it and the RENTER agrees to bare the FULL cost of any such discounting.   Any cancellation under 30 days in advance will result in COMPLETE forfeiture of any payment made by the RENTER with NO recourse by the RENTER.

·         FUEL CHARGES:  The VESSEL will be refueled upon return.  Cost of fuel used is the RENTER’S responsibility.  Fuel is billed at the rate specifies at the top of the page.   In the event the fuel is NOT topped off prior to renting the VESSEL, fuel will be checked at the time the VESSEL is turned over and the number of “fuel bars” on the fuel gauge will be recorded.  Each bar represents 12.5 Gallons (100 Gallon tank/8 bars).  When the VESSEL is returned the VESSEL will be fill up to the TOP of the same bar it was at when delivered.  Each bar of fuel added will be 12.5 gallons of fuel.

·         DAMAGE/LOSS CHARGES:  RENTER agrees to pay to OWNER the cost of replacing lost equipment and the cost of repairing damages to, and caused by, said VESSEL including parts, labor, expense for transporting said VESSEL or other property to and from point of repair, all towing charges, including but not limited to, grounding or beaching of the VESSEL, and regular rental fee covering time said VESSEL is out of service as a result of said damage. 

·         Several predefined charges the RENTER understands are:

§         Sea Tow                                    $50.00 per hour (if connected to RENTER)

§         Prop damage                             $400.00  (stainless steel)

§         Clean-up from fishing                  $65.00 per hour – 1 hour minimum

§         Porta Potty empty                      $15.00

§         Lost Key                                   $100.00

MOORING:  RENTER is accountable to secure the VESSEL in a safe manor insuring NO damage to VESSEL or ANY OTHER property.  This includes understanding the TIDES and LOW and HIGH depth at their location and ensuring the VESSEL can be secured safely without grounding or becoming wedged under DOCK or other obstacles.  RENTER is SOLELY liable to ensure the well being of the VESSEL during their rental.  In the event the OWNER secures the VESSEL, the RENTER is responsible verify that the VESSEL is correctly secured for the RENTERS location.

ACCESS/MAINTENANCE:  RENTER agrees to provide access to the VESSEL and water facilities to support inspections and maintenance by the OWNER.  OWNER or AGENT, at their option, may show up sharply at 7:10 PM to service the VESSEL, and there is a $100.00 additional charge if the VESSEL is not available to be serviced. Porta Potty and Fishing cleanup are NOT included in the rental charge and will be charged if applicable. Access includes, but is not limited to NIGHTLY Service checks.   RENTER is responsible for cleaning the VESSEL as required during use. 

FITNESS FOR USE:  RENTER acknowledges he/she has carefully examined the VESSEL and all accessories and equipment and finds it/them suitable for the purpose for which it is leased, and further acknowledges that he received VESSEL in good and safe mechanical and seaworthy condition.  RENTER agrees to use the VESSEL only for lawful purposes, maintain the VESSEL in a safe dependable condition and to return said VESSEL together with all accessories and equipment to the OWNER in the same condition as he received it.  Said VESSEL is equipped with life jackets and buoyant cushions, paddle, anchor w/ line, fire extinguisher, flares and sounding device.  RENTER agrees to notify the OWNER immediately if they discover any item that needs attention. Once notified the OWNER will correct the problem with all expediency and/or provide guidance on the use of the VESSEL based on its condition. 

AVAILABILITY FOR USE:  Under certain extreme circumstances the VESSEL may become UNAVAILABLE to the RENTER either prior to or during their stay. This could be the result of damage to the VESSEL that makes it unusable, or numerous other reasons. In such an event, the OWNER is limited in liability to the amount of rent paid and must refund either the whole amount of rent if the RENTER never used the VESSEL or the prorated amount which reflects the days the VESSEL was not usable by the RENTER. In such a case the RENTER assumes all responsibility for any cost to them or their guests as a result of the unavailability of the VESSEL for their stay.  RENTER agrees that OWNER is not responsible for any weather condition or acts of God or nature that happen during RENTERS use of VESSEL. Further the OWNER shall not forfeit the rental amount if the VESSEL cannot use the VESSEL due to any act of nature.  

LIABILITY FOR USE:  It is agreed that the OWNER is NOT responsible for the death or injuries sustained by ANY person including the RENTER, the driver or the passengers, arising out of or resulting from the use and operation of said VESSEL, and the RENTER for himself and his heirs and successors agrees to indemnify, release and hold harmless the OWNER and its agents and employees for any loss, liability and damages sustained by the OWNER whether or not such death, injuries or property damage are caused by or resulting from the negligence of the OWNER and/or the un-seaworthiness of said VESSEL or the use by the RENTER.  RENTER understands that boating is inherently dangerous.  RENTER agrees to operate said VESSEL in a reasonable and prudent safe manner as prescribed by all navigation laws and regulations applicable to the area in which said VESSEL is operated.  A VESSEL is deemed to be a DANGEROUS INSTRUMENT under Florida Law and the undersigned agrees to use the highest degree of care in operating it. 

DISPUTE SETTLEMENT:  In the event legal actions are taken, the prevailing party is entitled to recover all loss, costs, damages and attorney fee in connection with the enforcement of this agreement including expenses incurred in collection or attempting to collect delinquent rent, recover possession of said rental property and/or to the enforce any of the conditions herein.  Venue shall be in Collier County, Florida, United States.  This agreement contains the entire understanding between the parties and no other representation verbal or written has been made which is not included herein.  RENTER will review and complete the attached RENTAL AGREEMENT – ADDENDUM as part of this RENTAL AGREEMENT. 

VIOLATION OF LAWS:  The RENTER must keep a copy of this agreement in their possession while operating the VESSEL and be able to produce same if requested by authorities.   RENTER assumes full responsibility for violation of any laws as well as any fines/charges associated with said violations. 

SURVIVAL: If any clause or term in this RENTAL AGREEMENT or the ADDENDUM are contrary to law, the remainder shall remain in full force.

RENTER(S)  AGREES THAT HE/SHE HAS READ AND UNDERSTANDS ALL OF THE ABOVE TERMS AND CONDITIONS AND AGREES TO INDEMNIFY TROPICAL PARADISE BOAT RENTAL, LLC FOR ALL DAMAGES IT SUSTAINS AS A RESULT OF THEIR VIOLATIONS BY THE RENTERS AND/OR THEIR PASSENGERS.

RENTER(S):

Print Name:       Sample           Date:    ___________________

DL/Passport No.  _________________________________     Signature:     _________________________

RENTAL AGREEMENT ADDENDUM

Signature(s) of RENTER(S):