benchmark boat rentals, llc boat rental contract this is a
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Benchmark Boat Rentals, LLC
Boat Rental Contract
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.
THIS CONTRACT is made by and between:
Benchmark Boat Rentals, LLC, located at 281 Princeton Avenue, Brick, New Jersey
Phone: Nick (732) 547-5688, referred to as the “Owner” and/or “Rental Company”,
and
Name: ________________________________ Date:_____________________________________
Address: ______________________________ City:_____________________________________
State: ________________________________ Zip Code:_________________________________
Home Phone: __________________________ Cell Phone:________________________________
Driver’s License#:_______________________ State:_____________________________________
Referred to as the “Customer” and/or “Responsible Party” and/or “Renter”,
Credit Card No.: _____________________________ Exp.: ____________ CVV:________
A BOAT RENTAL WILL NOT BE ACCEPTED WITHOUT A CREDIT CARD NUMBER UNLESS
ONE IS ON FILE FOR CUSTOMER. EMPLOYEE INITIAL IF CREDIT CARD NUMBER HAS
BEEN VERIFIED AS BEING ON FILE: _____________
Security Deposit:
Upon arrival, a security deposit of $1,000.00 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.
Reservations require a deposit of $100.00 day per boat.
Security Deposit Policy Explained to the Customer and Collected? ________ Yes
Date Rented:________________________ Boat Name/Number:________________________________
Number of People on Board: ___________________ Adults ______________ Children (under 12)
Boat Name: __________________________________
Rental Fee: $__________________________________
$100.00/Day/Boat Rental Deposit: $__________ Date:__________ Employee:_____________________
Total Due before leaving the Dock: $________________________ (Including Deposit)
Time Out: _____________________ A.M./P.M. Return Time: _______________ A.M./P.M.
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RENTER IS REQUIRED TO READ ALL PAGES OF THIS CONTRACT AND INITIAL EACH
CLAUSE BEFORE SIGNING THIS DOCUMENT.
RENTER AGREES THAT BOATS ARE PERMITTED IN THE RIVER AND BAY ONLY. BOATS
ARE NOT PERMITTED IN THE POINT PLEASANT CANAL OR THE ATLANTIC OCEAN.
Initial:____________
In consideration of the Contract herein, Benchmark Boat Rentals, LLC (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 per each half-hour for each 30 minutes until
the craft and all equipment is returned.
Initial:____________
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.
Initial:______________
RENTER AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF
RENTAL CRAFT TO LESSOR IMMEDIATELY.
Initial:_____________
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.
Initial:____________
I authorize and allow Benchmark Boat Rentals, 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.
Boat must be refueled at the place specified by Benchmark Boat Rentals, LLC.
Initial:____________
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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.
Initial:____________
A major credit card authorization (VISA, MasterCard, or AMEX) or CASH deposit in the amount of five
hundred dollars ($500.00) shall be collected and retained by the LESSOR as partial compensation for
failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received;
for reimbursement of articles damaged, missing or broken, or to be applied in addition to the base rental
charges upon return of craft by RENTER.
Initial:____________
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.
Initial:____________
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.
Initial:____________
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.
Initial:____________
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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.
Initial:____________
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.
Initial:____________
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.
Initial:____________
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.
Initial:____________
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.
Initial:____________
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.
Initial:____________
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.
Initial:____________
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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.
Initial:____________
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.
Initial:____________
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.
Initial:____________
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.
Initial:____________
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.
Initial:____________
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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.
RENTAL COMPANY: Benchmark Boat Rentals, LLC
By: _________________________________________ Dated: ___________________
[Print Name of Authorized Agent]
RENTER:_______________________________________ Dated: __________________
[Printed Name of Customer/Renter/Responsible Party]
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BENCHMARK BOAT RENTALS, LLC
BOAT RENTAL DAMAGE EXPENSE LIST
“Exhibit A”
Spring/Summer, 2020
The LESSOR 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
Single Person Tube $80
Double Person Tube $100
Tube Rope $18
Splitter $23
Kids/Adult Water Skis $158/190
Ski Rope $28
Wakeboard/Kneeboard $230
Wakeboard/Kneeboard Rope $36
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THIS DOCUMENT IS “EXHIBIT A” TO THE BOAT RENTAL CONTRACT
AND IT IS MADE A PART THEREOF.
I HAVE READ, UNDERSTOOD AND AGREE WITH THE COSTS ASSOCIATED FOR POTENTIAL
REPAIRS THAT MAY NEED TO BE MADE IF I RETURN THE BOAT DAMAGED.
Client:______________________________________ Date:_________________________
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BOAT RENTAL LOAD SLIP LIST
“Exhibit B”
(Spring/Summer, 2020)
Benchmark Boat Rentals, LLC Status: Opened: _____________a.m./p.m.
281 Princeton Avenue Closed: _____________ a.m./p.m.
Brick, NJ Load Slip #:_______________________
Date Out: ________________________
Delivery Date: _____________________
Date Due: ________________________
Job No: ______________ Operator: ________________________
Qty: Items: Loaded: Returned: Comments:
Pontoon
Safety Anchor Line
Safety Bumpers
Safety Canopy
Safety Dock Line
Safety Equip. Bag
Safety Fire Ext.
Safety Paddle
Signed Damage Waiver
Declined Damage Waiver
Propeller Condition: __________ Customer Initial: __________________
Skeg Condition: _____________ Customer Initial: __________________
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:
Renter: Benchmark Boat Rentals, LLC
__________________________
By: _______________________
[Print Name Below Signature]
Renter Phone: _______________
THIS DOCUMENT IS “EXHIBIT B” TO THE
BOAT RENTAL CONTRACT AND IT IS MADE A PART THEREOF.
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BENCHMARK BOAT RENTALS, LLC
WAIVER AND RELEASE OF LIABILITY AGREEMENT—“EXHIBIT C”
I. DISCLAIMER
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by
BENCHMARK BOAT RENTALS, LLC. (For purposes of this Waiver and Release, the term “Rental Company” includes all
employees, agents, representatives, servants, assigns, successors, insurers, and subsidiaries of BENCHMARK BOAT
RENTALS, LLC). 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. Initials: ________
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. Initials: ________
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. Initials: ________
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. Initials: ________
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. Initials: _________
VI. 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. Initials: _________
****READ RELEASE BEFORE SIGNING***
_____________________ ___________________________________ __________________
RENTER ADDRESS DATE/TIME
________________________ _____________________________ _______________________________
OPERATOR/PASSENGER OPERATOR/PASSENGER OPERATOR/PASSENGER
THIS DOCUMENT IS “EXHIBIT C” TO THE BOAT RENTAL CONTRACT AND IT IS MATE A PART THEREOF.
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Benchmark Boat Rentals, LLC
OPTIONAL BOAT DAMAGE WAIVER
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.
THIS CONTRACT is made by and between:
Benchmark Boat Rentals, LLC, located at 281 Princeton Avenue, Brick, New Jersey
Phone: Nick (732) 547-5688, referred to as the “Owner” and/or “Rental Company”,
and
Name: ________________________________ Date: ____________________________________
Address: ______________________________ City: ____________________________________
State: ________________________________ Zip Code: ________________________________
Home Phone: __________________________ Cell Phone: _______________________________
Driver’s License# _______________________ State: ____________________________________
Referred to as the “Customer” and/or “Responsible Party” and/or “Renter”,
RENTER acknowledges receipt of the Boat Rental Damage Expense List attached as “Exhibit A” to the
Boat Rental Contract and RENTER has elected to pay a non-refundable fee of $95.00 per day in exchange
for the release of responsibility for potential damage to the boat as set forth herein.
This payment is due upon signing this Agreement and prior to commencement of rental, subject to the
following terms and conditions:
1. This is a one-time, per day option.
2. The coverage applies to impact done to the rental boat BELOW THE WATERLINE
ONLY (propeller, skeg, and lower unit). Customer remains responsible for repair and/or
replacement for any damage at or above the waterline.
3. This Damage Waiver is void in the event of intentional, reckless, willful, or wanton acts,
errors or omissions of the customer, operator or their guest(s).
4. This Damage Waiver expires at 6:00 P.M. on the day of rental.
5. This Damage Waiver does not apply to any claims for personal injury.
Customer hereby (check one): _____________ Accepts Coverage and authorizes payment
______________Declines Coverage and payment
RENTER:_______________________________________ Dated: __________________
[Printed Name of Customer/Renter/Responsible Party]
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BENCHMARK BOAT RENTALS, LLC
OPERATOR REFERRAL AGREEMENT and WAIVER OF LIABILITY (OPTIONAL)
WHEREAS, the Renter/Customer has entered into a Rental Agreement with Benchmark Boat Rentals,
LLC (the “Rental Company”); and
WHEREAS, the Renter/Customer has requested that Benchmark Boat Rentals, LLC 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 “Captain for Hire”); and
WHEREAS, the Renter/Customer acknowledges that the Captain for Hire is NOT an agent, employee or
servant of Benchmark Boat Rentals, LLC; and
WHEREAS, the Customer acknowledges that he or she remains 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 Captain for Hire, or any other person(s); and
NOW, THEREFORE, the Customer hereby acknowledges and agrees as follows:
I. DISCLAIMER
The undersigned has been referred to a Captain for Hire solely at the request of and for the benefit
of the undersigned Renter/Customer. Benchmark Boat Rentals, LLC makes no express or implied
representations or warranties as to the training, skills or qualifications of the Captain for Hire. The
Captain for Hire is hired by and working directly for the Customer. The Captain for Hire is not an agent,
employee, or representative of Benchmark Boat Rentals, LLC.
Initials: ______
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 or the Captain for Hire. The Customer remains liable for any damage to the Rental
Property.
Initials: ______
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 or by the 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.
Initials: ______
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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, the 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 Captain for Hire.
Initials: ______
V. 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.
Initials: ______
VI. 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.
Initials: ______
****READ BEFORE SIGNING***
_________________________ ____________________________ __________________
CUSTOMER/RENTER (Print) ADDRESS DATE/TIME
_________________________________________
CUSTOMER/RENTER (Signed)
THIS DOCUMENT IS IN ADDITION TO THE BOAT RENTAL CONTRACT SIGNED
BY THE PARTIES AND IT DOES NOT ALTER THE TERMS AND CONDITIONS OF THE
AGREEMENT EXCEPT AS MAY BE EXPRESSLY SET FORTH THEREIN.
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