LIABILITY WAIVER AND RELEASE OF CLAIMS: PLEASE READ CAREFULLY. 

BY SIGNING THIS DOCUMENT YOU ARE GIVING UP CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT

This Agreement (the “Agreement”) is entered into between GETAROUNDBOAT (the “Company”) and the undersigned Renter (the “Renter”), effective as of the date the Renter signs below.  

Definitions:  

 Company: Includes “GETAROUNDBOAT”, its owners, employees, agents, and/or assigns, and may also be referred to as “Released Parties”.  

Equipment: Refers to the “GoBoat” as well as any and all items provided by the Company. “GoBoat” or “Equipment” may be used interchangeably throughout this Agreement 

Renter: The individual signing this Agreement 

 

1. Acknowledgement of Risks:  

I, the undersigned Renter, understand that operating any equipment, including GoBoat, involves inherent risk, including but not limited to:  

• Collision with other watercraft, objects (natural or man made), and/or individuals;  

• Capsizing, sinking, and/or falling off the watercraft;  

• Drowning, personal injury, or death whether caused by the negligence or intentional acts of Renter or others;  

• Equipment failure or malfunction;  

• Exposure to weather conditions, including but not limited to sun, wind, wave, storm, and/or lightning;  

• Personal injury, property damage, or death caused by own actions, the actions of others, acts of nature, and/or other environmental conditions.  

I acknowledge these risks may result in serious injury, death or property damage, and I explicitly and voluntarily assume all such risk.  

 

2. Assumption of Risk  

I knowingly and freely assume all risks, both known and unknown, associated with renting, and/or operating GoBoats, even if those risks arise from the negligence or carelessness of the Company, its employees, agents, or affiliates, or from defects in the equipment provided.  

  

3. Release and Waiver of Liability  

In consideration of being permitted to rent and/or operate GoBoat, I for myself, my heirs, personal representatives, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Company, its owners, officers, employees, agents, or affiliates, or lessors of the premises (Collectively the “Released Parties”) from any and all claims, damages, or liabilities arising out of or related to my rental, use, and/or operation of the Equipment including but not limited to personal injury, death, or property damage, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by Florida Law. 

  

4. Indemnification  

I agree to indemnify, defend, and hold harmless the Released Parties from any claims, liabilities, damages, or costs (including reasonable attorney’s fees) arising out of my use of the Equipment, my violation of this agreement, or my violation of any applicable law, Rule, or regulation.  

  

5. Compliance with Applicable Law  

I certify I am familiar with all laws, rules, and regulations applicable to the use of the Equipment and I agree to operate the Equipment in compliance with these laws, rules, and regulations, as well as any safety instructions provided by the Company. I acknowledge that:  

• I am at least 18 years of age, or if I am renting on behalf of a minor, I am the minor’s legal guardian.  

• I will ensure all operators and/or passengers comply with the terms of this agreement and any applicable law, rule, or ordinance.  

• I will ensure that all operators and/or passengers are advised of safety rules provided by the Company, and hold harmless the Company for any failure to comply with those rules.  

  

6. Physical and Mental Condition  

I certify I am physically and mentally capable of safely operating the Equipment. I have no known medical conditions which would impair my ability to operate the Equipment safely.   

  

7. Equipment Condition  

I agree I have inspected, or will inspect, the Equipment assigned to me before use. I acknowledge the Equipment has been delivered to me in good working condition. I will immediately report the Company any damage or performance issues with the Equipment. I further acknowledge I am responsible for any damage to the Equipment which occurs during my rental period, and that should damage result from any collision or contact with any other Equipment owned by the Company, the Company reserves the right to apportion the damage equally to each Renter of Equipment at their sole discretion, and Renter acknowledges the Company will not make any determinations as to fault.  

 

8. Minors  

If I am signing this waiver on behalf of a minor, I represent I am the minor’s parent or legal guardian. I acknowledge the minor will be bound by the terms of this agreement, and I assume full responsibility for their safety and compliance with this waiver.  

  

9. Governing Law  

This agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any dispute(s) or claims arising out of this agreement or rental shall be resolved in the state or federal court in or over Citrus County, Florida.  

  

10. Severability  

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.  

  

11. Damage and Security Deposit  

The Renter acknowledges that a $100 damage deposit is required at the time of rental. This deposit will be refunded in full if the Equipment is returned in good condition, free from damage or excessive wear. If the boat incurs damage during the rental period, the Company reserves the right to withhold part or all of the deposit to apply toward applicable repairs and reserves the right to collect additional damage costs if applicable. 

 

12. Cancellation: 

Renter must give 48 hours notice of their intent to cancel the rental reservation in order to receive a full refund of the rental deposit; however, if the rental is cancelled due to a Public Declaration of Emergency, the Company will refund the unused portion of the rental payment. 

 

13. Additional Terms: 

• The Company reserves the right to cancel the rental of the equipment at anytime; 

• In the event a cancellation occurs due to the actions or inactions of the Renter or any user, the Company reserves all discretion whether a refund or any portion thereof is returned to Renter. 

• The Company is not responsible for Renter’s inability to use the Equipment due to weather or any other factor outside the control of the Company, and is not liable for the return of any portion of the Rental amount, except at the Company’s sole discretion. 

 

14. Acknowledgement of Understanding 

I have read this Liability Waiver and Release of Claims in its entirety, fully understand its terms, and sign it freely and voluntarily without any inducement or coercion. I understand that I am giving up substantial legal rights, including my right to sue the Released Parties for injuries or damages arising from my use of the GoBoat.  

 

  

IN WITNESS WHEREOF, the Renter has executed this Agreement as of the date written below.  

 

A refundable deposit of $100 PER BOAT will be collected prior to launching the boat and refunded after the boat and all equipment is returned.

 

Florida Fish and Wildlife Conservation Commission

Livery Insurance Coverage Option for Renter

I UNDERSTAND THAT I AM REFUSING TO PURCHASE A VESSEL RENTAL INSURANCE POLICY FOR COVERAGE OF AT LEAST $500,000 PER PERSON AND $1 MILLION PER EVENT FOR ANY DAMAGE OR INJURIES CAUSED DIRECTLY OR INDIRECTLY BY MY OPERATION OF THE VESSEL.

THE VESSEL RENTAL INSURANCE POLICY COVERAGE IS BEING OFFERED TO ME AT THE FOLLOWING  http://www.buoy.rent/

I UNDERSTAND THAT I MAY NOT HAVE OTHER INSURANCE TO COVER ANY DAMAGE OR INJURIES CAUSED DIRECTLY OR INDIRECTLY BY MY OPERATION OF THE VESSEL AND THAT I MAY BE PERSONALLY LIABLE FOR ANY SUCH DAMAGE OR INJURIES DURING THE RENTAL PERIOD.         

The renter ___ (Does) ) OR ___(Does Not) have a Florida boater safety identification card issued by the commission, a temporary certificate, or another form of boating certification authorized pursuant to s. 327.395.