Boat Rental Agreement
Name of Boat:__________________________________________________________
Please print the Name and Age of person responsible. (collectively, “Renter”) (Must be at least 25 yrs):________________________________________________
** Include a photocopy or picture of driver’s license of Renter & Driver. **
ADDITIONAL TERMS & AGREEMENTS
This Boat Rental Agreement (the “Rental Agreement”) is entered into by Renter and Vacation Rental Authority, LLC (“VRA” or “Owner”) DBA “Coeur d’Alene Boat Rentals” on the date set forth below. The parties agree to the terms set forth in this Rental Agreement in connection with the rental of the boat listed above.
CREDIT CARD AUTHORIZATION: Renter wishes to pay by Credit Card and hereby authorizes VRA to charge any ‘Remaining Balance’ including fuel and damage to the card on file. Renter agrees to the payment terms and other terms and conditions below.
Initial: __________
AGE DISCLOSURE: Each Renter who signs to accept the terms of this Rental Agreement certifies that s/he is 25 years of age or older and possesses a valid and current drivers license. All Drivers must be 25 years of age or older and possess a valid and current drivers license.
BOAT RETURN: Renter agrees to return the boat, together with all accessories and accouterments, to Owner in the same condition as Renter received it, no later than the date and time specified. Late charges will apply.
BOAT AND/OR EQUIPMENT DAMAGE: Renter agrees that all damages or loss to the boat and/or equipment which occur during the rental period as a result of the Renter, the Renter’s party, visitors or pets are the responsibility of the Renter. Equipment is defined as all items located within and/or attached to the boat at the time of rental, including, but not limited to: Ropes, Bumpers, Life Jackets, First Aid Kit, and Stereo.
BOAT REPAIRS: Renter agrees and accepts charges to the credit card on file for all costs associated with loss/damage, which may include but are not limited to towing, parts, labor, and/or replacement. Renter agrees to be responsible for loss of use at the regular rental fee covering the time the boat is out of service as a result of damage, and any collection cost and attorney fees/ costs necessary to secure reimbursement will also be charged to Renter.
DAMAGE WAIVER: VRA agrees to provide the Damage Waiver (as defined below) and will charge Renter a damage waiver fee in connection with the rental. It is the Renter’s responsibility to report loss or damage that is caused to the boat or equipment during their rental period. The boat Damage Waiver is not insurance, but instead an agreement by VRA to replace or repair unintentional damages up to but not exceeding $1500 in total to the rented boat or equipment. Damages that qualify for this Damage Waiver must occur during the rental period, be disclosed upon return of the boat, and the Damage Waiver fee must have been paid in full prior to taking possession of the rental boat. Any damages that exceed $1500, are not disclosed at check-out, or are deemed intentional and/or reckless, will be charged to the credit card on file. The Damage Waiver does not cover intentional damage or damage caused by reckless behavior (as determined by VRA).
FUEL USAGE: Boat will be full of gas at time of rental and should be returned full. If the boat is returned with a partial tank of gas, Renter will be charged the actual cost of the gas plus a $100.00 fee.
SMOKING AND OPEN FLAMES: Renter understands that any item with an open flame is not permitted on or within 50 feet of any boat. This includes but is not limited to smoking, use of bbq grills of any kind, and lighters for any reason. Evidence of open flame or smoking will result in applied charges to be determined by VRA.
INCLIMATE WEATHER POLICY: Renter understands that if the weather provides unsafe conditions for boating, the Owner will provide a credit for another day for any rental of the same or lesser value. Examples of unsafe conditions are limited to extensive thunderstorms on the lake or high winds and is to be determined by Owner.
LIMITATION OF LIABILITY; RELEASE; INDEMNIFICATION: Renter hereby releases, discharges and agrees to defend, indemnify and hold harmless VRA, (and any of its parent companies, subsidiaries or affiliates and their respective members, managers, agents, officers, directors and employees), from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, arbitration and attorney’s fees, and losses relating to injury or death of Renter or Renter’s guests or invitees, or for damages to any property of Renter or Renter’s guests or invitees arising out of or in connection with either Renters use of the boat/equipment and/or the obligations of VRA under this Agreement regardless of whether such injuries, death or damages are caused in whole or in part by VRA (and/or their respective members, managers, agents or employees) negligence or the joint negligence of Renter and any other person or entity.
USE OF BOAT: You hereby acknowledge and agree that you have read, understood and agreed to each of the following:
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;
The number of persons carried in the boat shall not be greater than the number of life jackets or buoyant cushions present in the boat;
The flotation devices located on the boat are appropriately sized for all passengers;
Children 13 years of age and under are required to wear a life jacket at all times while in the boat;
They will operate the boat in a safe and legal manner as prescribed by all laws and regulations applicable to the area in which the boat is operated;
Not to use the boat to tow or propel any other boat, barge or thing without the Owner's written permission;
Not to use the boat (or motor) in any race or competition;
Not to use the boat (or motor) for any illegal purpose;
Not to operate the boat (or motor) in a reckless (such as ‘hot dogging’) or negligent manner;
Not to permit the boat (or motor) to be operated by any other person without written permission of the Owner;
Not to remove the motor from the boat for any use whatsoever;
Not to be under the influence or have possession of alcohol, narcotics or other drugs causing intoxication while in possession of the boat;
Not to dive from the boat, tie boats together, or operate the boat in swimming areas;
Keep boats in deep water; not to beach;
No smoking or use of open flames on or near the boat (see above);
Approach the dock slowly; following all direction of staff when appropriate
Stay 150-200 feet away from the shore at all times;
Observe and obey all applicable speed limits and watch for logs, especially in the river;
Not to use the boat (or motor) from dusk to dawn.
Initial:_________
PAYMENT:
RESERVATION DEPOSIT AND PAYMENTS: Renter agrees to pay the ‘Total Rental Cost’ up front to reserve boat for the days specified.
CANCELLATION POLICY: Cancellations made more than 10 days prior will receive a full refund. Cancellations made less than 10 days but more than 48 hours prior will result in a 50% refund of total reservation amount. No refunds or rebates will be given for cancellations made less than 48 hours prior to rental day. Cancellation protection available for purchase at time of booking. See Peek Protect terms for details.
Initial:_________
NO SHOW POLICY: Owner agrees boat will be available at agreed check-in time/place for the agreed upon number in party. Owner is not responsible for Renter’s inability to arrive on time or arrive at all, if Renter chooses to depart early for any reason, or if a member(s) of Renter’s party does not show up. NO REFUNDS OR REBATES will be offered under such circumstances.
LATE RETURN: Renter agrees to pay a late fee of $50 per 15 minutes for any returns that surpass the agreed upon return time.
Initial:_________
PAYMENT TYPE: All reservations require a valid Credit Card on the day of the rental, with the provisions listed below.
CREDIT CARDS: Owner accepts MasterCard, Visa, or American Express credit cards.
CREDIT CARD ON FILE: Renter agrees that s/he will provide a valid credit card to have a hold placed of a refundable $750.00 for a security deposit. If damage is found upon return of the boat or motor, Renter agrees to be responsible for all reasonable costs of repair, including but not limited to towing, parts, labor and missed rental days, subject to the Damage Waiver described above.
Initial:_________
REPAIRS/SERVICE CALLS: Renter acknowledges Owner cannot guarantee against all mechanical failures of the rental equipment. Renter agrees to immediately notify Owner of defective or non-working equipment. Owner will make every reasonable effort to repair or replace defective units as quickly and efficiently as possible. Repair due to normal wear and tear on the equipment will be made by the Owner. Should a repair person make a call to repair or replace an item that is found to be in working order and the problem was due to Renter’s oversight, neglect or misuse, Renter agrees to pay the full cost of the service call. VRA charges $90/hour, and vendors charge market rate.
ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify or terminate this Agreement in whole or in part unless such agreement is in writing duly signed by the party against whom enforcement or such change, modification or termination is sought.
GOVERNING LAW: This Agreement shall be governed by, and interpreted in accordance with the laws of Kootenai County in the State of Idaho.
ARBITRATION: Any dispute arising out of or relating to this Agreement or any breach hereof shall be settled exclusively in accordance with the Rules of the American Arbitration Association pursuant to arbitration proceedings held in Coeur d’Alene, Idaho.
ACKNOWLEDGEMENT: I acknowledge and agree that the boat/equipment will be operated by me, prior to taking custody of it: that I have inspected the boat/equipment and rent it without any representations by Owner; that I warrant that I am a qualified operator of the boat/equipment; that I will not allow any other person except additional Renters who have signed this Agreement below to operate the boat; that I will be responsible for all operations of the boat/equipment; that the boat and motor are in good mechanical and physical condition; that I will not, nor will I allow anyone else to, operate the boat/equipment while under the influence of alcohol or drugs; that the boat/equipment will be returned to Owner in the same condition as received, including a full tank of gasoline, which I am responsible to purchase at the end of the rental period.
Renter agrees that s/he has read and understands all of the above terms and conditions.
Signature of Renter Date:
Signature of Renter Date:
** All drivers must provide a photocopy or picture of the driver’s license. **
*Multi-Day Rentals Only*
LOCAL ADDRESS:_________________________________________
CELL PHONE:________________________