The CHARTERER may cancel their reservation for a full refund if initiated and accepted more than 24 hours prior to the reservation start time.

Any cancellations initiated by the CHARTERER less than 24 hours prior to the reservation start time (including illness, weather, or physical problems) are charged 50% of the reservation total and a $25 cancellation fee.

The CHARTERER may reschedule their reservation for a different date if needed without penalty.

In consideration of the agreement herein, Labelle River Rentals, LLC (hereafter referred to as the OWNER) does lease to the undersigned (hereafter referred to as the CHARTERER) the vessel and equipment described herein booked online or in person with the OWNER or affiliated agent.

1. MINIMUM AGE OF CHARTERER The minimum age of the CHARTERER is 21 years and the CHARTER certifies they are validly licensed as required by law to operate the vessel.

2. POSSESSION, RESPONSIBILITY AND CONTROL OF THE VESSEL AND CHARTER This is a Bareboat Charter Agreement therefore it is mutually agreed to by the Parties that the full possession, control and responsibility of the vessel is transferred to the CHARTERER for the charter period. CHARTERER is aware that any vessel, nor tow a skier, wakeboarder, tube or any other object shall be towed. CHARTERER acknowledges responsibility for the safe and proper operation of the craft and for the safety and welfare of other boaters and persons. It is agreed and understood by CHARTERER that OWNER shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown, or malfunction of the vessel. CHARTERER further agrees to indemnify and hold harmless the OWNER from, and against 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. CHARTERER further agrees to hold the OWNER harmless should loss or damages occur to any of the CHARTERER’s personal property while carried in, or on, the rental craft, including loss or damage caused by fire, water, theft, or any other cause whatsoever.

3. BAREBOAT CAPTAIN AND CREW The CHARTERER will furnish its own crew and is responsible for operating expenses for the term of the charter period. If CHARTERER chooses to utilize the services of a captain, the CHARTERER shall remain responsible for the operation and management of the vessel, except for the safe navigation of the vessel, which shall be the responsibility of the captain, and the CHARTERER shall abide by the captain’s judgment for vessel safety regarding sailing, weather, anchorages, and other pertinent matters.

If the CHARTERER opts to hire OWNER to charter the vessel at any point during the charter, the OWNER shall adhere to state regulations regarding number of paid guests on board.

4. CHARTERER OR A DIFFERENT PERSON FROM CHARTERER GROUP IS CO OR SOLE OPERATOR OF VESSEL If the CHARTERER or a different person from CHARTERERS group/guests is to co or sole operate the vessel, the CHARTERER and other Operator certifies that CHARTERER and other person operating is experienced, licensed, if applicable and competent in the handling and operation of a vessel of the type named in this agreement and chartered that CHARTERER has sufficient practical knowledge of seamanship, piloting, and Rules of the Road to properly exercise full authority over the vessel and is under the command of a competent person. A competent person must have a minimum of two years of experience operating vessels of a similar type and size (within 10 feet) to the scheduled vessel, have no marine losses in the last ten years, no violations/suspensions in the last five years (including auto) and no criminal convictions. The CHARTERER agrees that the CHARTERER will not allow the vessel to be operated by any person not qualified to do so during the charter period.

5. PLEASURE USE LIMITATION The CHARTERER agrees that the vessel shall be used exclusively as a private pleasure vessel and shall not transport cargo, nor engage in trade, nor violate any laws of jurisdictions where the vessel may travel, including parks, sanctuaries, and protected areas.

6. COMPLIANCE WITH LAW The CHARTERER shall comply and shall ensure that the CHARTERER’s guests comply with the laws and regulations of any county into whose waters the vessel shall enter during this agreement. The CHARTERER shall be liable for fines, penalties, damages, and forfeitures because of negligence or intentional acts of the CHARTERER, the CHARTERER’s guests or invitees, and the CHARTERER shall indemnify, hold harmless and defend the OWNER.

7. NO NUISANCE The CHARTERER shall ensure that the behavior of the CHARTERER and the CHARTERER’s guests shall not cause a nuisance to any person or bring the vessel or the OWNERS in disrepute.

8. ZERO TOLERANCE FOR DRUGS OR CONTRABAND The use, transport, or possession of illegal drugs or narcotics, or of any other contraband, or the participation in any other unlawful activity, such as the transport of illegal aliens, is strictly prohibited. The participation in any of these activities by any member or guest of the CHARTERER continues in breach of this agreement and shall be cause for immediate termination of this agreement without refund of charter fee.

9. NO WEAPONS It is also specifically understood that the possession or use of any weapons is strictly prohibited on board the vessel and failure to comply shall be sufficient reason for the OWNER to terminate the charter forthwith without refund or recourse against the OWNER.

10. EXAMINATION AND ACCEPTANCE OF VESSEL The CHARTERER certifies that the vessel and equipment has or will be examined and found acceptable and suitable for the purpose for which the vessel is chartered before starting the booked charter. The CHARTERER will return the vessel in the same condition it was received in or pay for any and all damages caused to the vessel during their rental period regardless of whether or not they are at fault for said damages. All such charges shall be paid in cash or with a credit card immediately upon return of the vessel to OWNER. Charges are payable without relief from valuation or appraisement laws and all collection fees, attorneys fees, court costs, and other expenses incurred as a result of said damage shall be paid by the CHARTERER.

11. OPERATION IN ACCORDANCE WITH SAFETY RULES AND REGULATIONS That CHARTERER will operate the vessel in accordance with all safety rules and regulations as posted on the OWNER’s website, offices, and vessel, and further certifies that the CHARTERER has read and understands said rules and regulations. That CHARTERER will maintain both craft and equipment in a safe, dependable condition while in CHARTERER’s custody. The CHARTERER agrees to wear a personal flotation devices where required by law and to fully participate and cooperate in all safety and equipment operation training provided by OWNER, following all instructions provided by OWNER. The CHARTERER further accepts responsibility for all Florida Fish and Wildlife and/or US Coast Guard violations separate of this agreement.

12. INSURANCE The OWNER has the vessel insured with first-class insurers against all customary risks for a vessel of her size and type for Bareboat Charter only. The OWNER shall pay the vessels insurance premium. All such insurances shall be on such terms and subject to such excess (deductible) as are customary for a vessel of this size and type. Copies of all relevant insurance documentation shall be available for inspection by the CHARTERER prior to the charter on reasonable notice to the OWNER and shall be carried onboard the vessel. The CHARTERER certifies that they have adequate insurance to cover any injury or damage they or their guests may cause or suffer while participating or else agree to bear the costs of such injury or damage themselves; The CHARTERER has the sole responsibility and duty to determine whether such insurance coverage and applicable deductibles are adequate and appropriate for the CHARTERER’s purpose and if necessary arrange for additional coverage at least to the extent of covering liability not included in the OWNERS insurance, prior to commencement of the charter.

13. MAXIMUM NUMBER OF PERSONS, RESPONSIBILITY FOR CHILDREN AND HEALTH OF THE CHARTERER’S PARTY The CHARTERER shall not, at any time during the charter period, permit more than the Maximum Number of Person on board the vessel. Children and babies are counted as Person (Headcount). If children are taken on board, the CHARTERER shall be fully responsible for their conduct, entertainment, and safety. The nature of a charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. Per state regulations, any child under the age of 6 must wear a life vest while the vessel is underway.

14. DEPOSIT Credit card or cash deposit shall be retained by the OWNER as partial compensation and not limited to the deposit amount for failing to return said charter vessel in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken equipment; or to be applied to the rental charges upon return of the craft by CHARTERER. The foregoing shall not limit OWNER’s ability to seek its further damages at law or equity. Deposit amount is $250.

15. FUEL POLICY OWNER agrees to provide the vessel upon delivery with a minimum half tank of fuel for the scheduled charter. Additional fuel required or requested by the CHARTERER shall be the responsibility of the CHARTERER.

16. MISSING EQUIPMENT OWNER will charge the CHARTERER for equipment if missing or damaged upon return of the vessel. Fender $35, Docking Line $35, Life Vest or Throwable $35, Anchor Base and Line/Chain $125. Bean Bag $150, Ice Cooler $50, Float Pad $175. All other equipment based on current market value based on replacement cost.

17. DAMAGE TO THE VESSEL OWNER will charge the CHARTERER for damage which will be calculated based on the Contractor’s labor cost and materials.

18. CLEANING OWNER will charge the CHARTERER for Extensive Cleaning from food, alcohol, other beverages, fishing, smoking, broken glass, shedding animals, sand and more: $50-$150.

19. GENERAL RULE FOR MISSING EQUIPMENT, DAMAGE TO VESSEL AND CLEANING The OWNER’s time to retrieve lost parts will also be charged. If the vessel cannot be chartered out on scheduled charters due to the damage, missing equipment and other cause by the CHARTERER, the OWNER reserves the right to claim the loss of income.

20. OVERTIME In the event the craft is not returned at time specified herein, said CHARTERER agrees to pay for Overtime. Overtime Price is $50 for every quarter hour returned past the stated deadline (see bottom of document for deadline).

21. REPORT ACCIDENT, MALFUNCTION OR BREAKDOWN CHARTERER agrees to report any accident, malfunction or breakdown of charter vessel to OWNER immediately for documentation. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft that CHARTERER will immediately report the same to OWNER. Continued use of it shall be entirely at the CHARTERER’s risk and thus CHARTERER assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use.

22. ABILITY TO PROVIDE A VESSEL OWNERS ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous CHARTERER, or any other cause beyond CHARTERER’s control.

23. CANCELLATIONS The CHARTERER may cancel their reservation for a full refund if initiated and accepted more than 24 hours prior to the reservation start time. Any cancellations initiated by the CHARTERER less than 24 hours prior to the reservation start time (including illness, weather, or physical problems) are charged 50% of the reservation total and a $25 cancellation fee. The CHARTERER may reschedule their reservation for a different date if needed without penalty.

24. PROHIBITED ACTIVITIES CHARTERER and guests are strictly prohibited from smoking on the vessel, which includes vape pens, cigarettes, e-cigarettes, cigars and the like. Additionally, BBQ grills, candles, fireworks, or any other equipment involving a flame, matches or lighter are also strictly prohibited on the vessel at any time.

25. ASSUMING RESPONSIBILITY
The rules and regulations contained herein and as posted on the OWNERs website, on the vessel, and/or the grounds by the OWNER are for safety and welfare of all who use the facilities. The CHARTERER certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility to see that his/her family and/or guests will obey the rules.

26. HOLD HARMLESS CLAUSE CHARTERER expressly agrees to indemnify and hold OWNER harmless of, from, and against all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of this agreement by OWNER, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by OWNER to recover possession of said vessel and/or to enforce any of the terms, conditions and /or provisions hereof. It is understood and agreed that the venue of any action hereunder shall be in the county and state of OWNER. This agreement shall be governed by the laws of the state of OWNER.

27. TERMS AND CONDITIONS IF UNENFORCEABLE Should any term of condition of this Agreement be held void unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

28. TERMS AND CONDITIONS REPRESENTATION The terms and conditions on both sides of this agreement contains the entire understanding between CHARTERER and OWNER that no other representation or inducement, verbal or written, has been made which is not included in this Agreement, except that CHARTERER expressly represents and warrants to have read and understood all rate information posted online and in Agreement. By signing this document, the CHARTERER certifies that they have had sufficient opportunity to read this entire document, have read and understood it, and agree to be bound by its terms. The CHARTERER understands that the terms herein are contractual in nature and are not a mere recital; The CHARTERER understands that their signature makes this document is legally binding and has signed such voluntarily, without force and while not under the influence of any mind altering substance including alcohol or drugs.

In consideration of being allowed to use the facilities and vessels, including: pontoon boats and/or any other activity offered or provided (collectively “Activities”) by OWNER including its operators, employees, crews, captains, members, volunteers, participants, and all other persons or entities acting in any capacity on their behalf, all jointly and severally, the CHARTERER hereby agrees freely and voluntarily to the fullest extent permitted by law, on behalf of themselves, their spouse, children, parents, next of kin, heirs, assigns, personal representative, and estate as follows:

1. TO WAIVE ALL CLAIMS that the CHARTER has or may have against OWNER arising out of the CHARTERER’s participation in the Activities or the use of any equipment provided by OWNER (the “Equipment”), including while receiving instruction and/or training on the use of Equipment.

2. TO ACKNOWLEDGE AND ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those risks that may be caused by the negligent acts or conduct of OWNER. The CHARTERER acknowledges and understands that there are inherent risks in participating in the Activities and using the Equipment, which may be both foreseeable and unforeseeable, known and unknown and can include or result in serious physical and bodily injury, emotional injury, paralysis, damage to property, damage to third parties, and/or death.

These inherent risks in the Activities include, without limitation: operator, captain, and/or crew error; perils of the waterway; changing weather conditions; inclement weather; high winds; lightning; changes in the tides and currents; extreme wave action or the wake of other vessels; submerged objects; exposure to wildlife; equipment failure or malfunction; third party operator error; collision; sun exposure; dehydration; heat exhaustion; heat stroke; drowning; propeller strikes; water jet blasts or water injection injuries; pinch point injuries; vessel fires; and/or death. I acknowledge and understand that such risks are characteristic of, intrinsic to, and an integral part of the Activity and cannot be eliminated even if OWNER acts with due care in a reasonably prudent manner. I am voluntarily participating in these Activities which include risks that cannot be eliminated.

3. TO RELEASE OF LIABILITY OWNER from all liability for any loss, damage, injury, death, or expense that the CHARTERER or their guests may suffer arising out of their participating in the Activities and/or use of the Equipment, including while receiving instruction and/or training on the use of Equipment, and including any negligent acts of OWNER. The CHARTERER specifically understands that they are releasing any and all claims that may arise from any negligent acts or conduct of OWNER to the fullest extent permitted by law. Nothing in the agreement shall be construed as a release for conduct found to constitute gross negligence.

4. TO INDEMNIFY, DEFEND, AND HOLD HARMLESS OWNER from any and all liability for any loss, damage, injury, death, or expense that the CHARTERER or their guests may suffer arising out of participating in Activities and/or use of the Equipment, including while receiving instruction and/or training on the use of Equipment and including any claims arising from any negligent acts or conduct of OWNER to the fullest extent permitted by law. Should OWNER or anyone acting on their behalf be required, to incur attorney’s fees and costs associated with enforcing this Agreement, I agree to indemnify, pay, and hold them harmless for all such fees and costs.

5. PERSONAL RESPONSIBILITY AND PHYSICAL FITNESS The CHARTERER certifies that they have no physical or mental condition that precludes them from participating in the Activities and they are not participating against medical advice. The CHARTERER understands that their participation is voluntary and further understands that they have the opportunity to inspect OWNER’s Equipment before any participation. The CHARTERER understands and agrees that they are obligated to follow the rules of the Activities and they can minimize risk of injury by following the rules and using common sense and by being aware of their surroundings at all times. While participating in the Activities, if the CHARTERER observes any unusual hazard or condition which they believe jeopardizes their personal safety or that of others, they shall remove themselves from participation in the Activities and immediately bring said hazard to the attention of OWNER.