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RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

In consideration of being allowed to rent and operate a GoBoat, Kayak, Dock, and/or Stand-Up Paddleboard (SUP) from Round Boat Rentals, LLC, I, the undersigned, acknowledge, appreciate, and agree to the following terms and conditions:

1. Acknowledgment of Risks

I acknowledge that boating and the use of rental equipment involve inherent risks that may result in serious injury, death, or damage to property. These risks include, but are not limited to, collision with other vessels or objects, capsizing, falling overboard, drowning, and adverse weather conditions.

2. Assumption of Risks

I voluntarily assume all risks associated with the operation and use of the GoBoat, Kayak, Dock, and/or SUP, whether known or unknown, even if arising from the negligence of Round Boat Rentals, LLC or others.

3. Compliance with Laws and Regulations

I agree to comply with all local, state, and federal boating laws and regulations, including those set forth by the Florida Fish and Wildlife Conservation Commission (FWC). I understand that I am responsible for knowing and adhering to these regulations.

4. Safety Equipment

I acknowledge that Round Boat Rentals, LLC has provided the necessary safety equipment, including life jackets (personal flotation devices) for all passengers. I agree to wear a life jacket at all times while on the water, as required by Florida law. I agree to keep a cell phone with me at all times.

5. Adherence to Equipment Weight Limits

I understand and agree to adhere to the weight limits specified for the GoBoat, Kayak, Dock, SUP, and any other equipment provided by Round Boat Rentals, LLC. I acknowledge that exceeding these weight limits can compromise the safety and stability of the equipment. I agree to ensure that the total weight of passengers and any additional equipment or belongings does not exceed the maximum capacity as stated by the manufacturer and Round Boat Rentals, LLC.

6. Rental Damages and Deposit

I agree to return the GoBoat, Kayak, Dock, and/or SUP in the same condition as when rented, normal wear and tear excepted. I understand that I am responsible for any damages, loss, or theft of the rental equipment during the rental period. I agree to pay for all repair or replacement costs arising from such damages. I also acknowledge that a refundable deposit of $50 is required at the time of rental. This deposit will be refunded in full provided that the equipment is returned undamaged and in good condition. Any necessary repair or replacement costs will be deducted from the deposit, and I will be responsible for any additional costs exceeding the deposit amount.

7. GoBoat Battery Monitoring

I acknowledge that the GoBoats are equipped with two Bluetooth-equipped 50ah 12v batteries, which can run for 4-8 hours depending on water and weather conditions. I understand that it is my responsibility to monitor the battery levels through the provided gauge or Bluetooth monitoring system. I agree to return the GoBoat before the batteries are depleted and understand that failure to do so may result in additional charges for retrieval and/or damage to the equipment. I understand that the battery replacement fee is $350 per battery should I fail to return both batteries in working condition.

8. Release and Waiver of Claims

I, on behalf of myself, my heirs, executors, and administrators, hereby release, waive, and discharge Round Boat Rentals, LLC, its owners, employees, agents, and representatives from any and all claims, liabilities, demands, or causes of action that may arise from my use of the GoBoat, Kayak, Dock, and/or SUP, including but not limited to claims for personal injury, property damage, or wrongful death, arising from the negligence of Round Boat Rentals, LLC or otherwise, to the fullest extent permitted by law.

9. Indemnity Agreement

I agree to indemnify, defend, and hold harmless Round Boat Rentals, LLC, its owners, employees, agents, and representatives from any and all claims, liabilities, damages, or costs (including attorney’s fees) arising from my use of the GoBoat, Kayak, Dock, and/or SUP, whether caused by the negligence of Round Boat Rentals, LLC or otherwise.

10. Medical Fitness

I certify that I am in good health and have no medical conditions that would impair my ability to safely operate the GoBoat, Kayak, Dock, and/or SUP. I understand that it is my responsibility to inform Round Boat Rentals, LLC of any medical conditions or concerns prior to renting the equipment.

11. Age and Competency

I certify that I am at least 18 years of age and possess the necessary skills and experience to operate the GoBoat, Kayak, Dock, and/or SUP safely. If I am allowing a minor to operate the equipment, I certify that the minor meets all legal requirements and has the necessary skills to do so safely.

12. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action or proceeding arising under this agreement shall be brought exclusively in the courts of [County], Florida.

13. Severability

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

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Renter’s Name: ___________________________________
Signature: _______________________________________
Date: ___________________________________________

Emergency Contact Name: ___________________________
Emergency Contact Phone Number: ___________________

FOR MINOR PARTICIPANTS (UNDER 18 YEARS OLD)

Parent/Guardian’s Name: _____________________________
Signature of Parent/Guardian: ________________________
Date: ___________________________________________

Bad Weather Cancellation Policy

At Round Boat Rentals, LLC, the safety of our customers is our top priority. We understand that weather conditions can be unpredictable, and we are committed to ensuring a safe and enjoyable experience for all our renters. Please review our bad weather cancellation policy below:

1. Determination of Unsafe Weather Conditions

Round Boat Rentals, LLC reserves the right to determine if weather conditions are unsafe for boating. Unsafe weather conditions may include, but are not limited to:

• Thunderstorms or lightning
• High winds
• Heavy rain
• Fog or reduced visibility
• Rough water conditions
• Hurricanes or tropical storms

2. Notification of Cancellation

In the event that we determine the weather conditions are unsafe for boating, we will notify you as soon as possible. We will make every effort to contact you via phone and/or email provided at the time of booking.

3. Customer-Initiated Cancellations

If you believe the weather conditions are unsafe for boating on the day of your rental, please contact us immediately to discuss your concerns. We encourage customers to prioritize their safety and communicate with us regarding any weather-related issues.

4. Cancellation Options

If your rental is canceled due to unsafe weather conditions, you will have the following options: 

a. Rescheduling

You may reschedule your rental for another available date within the current season at no additional charge. We will work with you to find a suitable date based on availability.

b. Refund

If rescheduling is not possible or convenient, you may request a full refund of your rental fee and deposit. Refunds will be processed within [insert number] business days.

5. Partial Rental Periods

If weather conditions become unsafe during your rental period and you are required to return the equipment early, we will offer a prorated refund based on the time remaining in your rental period or the option to reschedule the remaining time for another date.

6. No-Show Policy

If you do not show up for your rental and have not contacted us to cancel or reschedule, the full rental fee and deposit will be forfeited. No refunds will be issued for no-shows.

Thank you for choosing Round Boat Rentals, LLC. Your safety and satisfaction are important to us. We appreciate your understanding and cooperation regarding our bad weather cancellation policy.

FWC Guidelines:

The Florida Fish and Wildlife Conservation Commission (FWC) provides comprehensive guidelines and regulations for boating in Florida. You can find the FWC guidelines for boating on their official website. Here's how to access them:

1. **FWC Official Website:** Visit the [Florida Fish and Wildlife Conservation Commission's Boating and Waterways](https://myfwc.com/boating/) section on their official website. This section contains information on boating safety, regulations, and educational resources.

2. **Boating Safety and Education:** The FWC offers resources on boating safety courses, required safety equipment, and general boating safety tips. You can access this information [here](https://myfwc.com/boating/safety-education/).

3. **Boating Regulations:** For detailed regulations on vessel operation, registration, and other legal requirements, visit the [Boating Regulations](https://myfwc.com/boating/regulations/) page.

4. **Boating and Navigational Aids:** Information on aids to navigation, such as markers and buoys, can be found on the [Navigational Aids](https://myfwc.com/boating/waterway/) page.

5. **Publications and Reports:** The FWC provides downloadable guides and reports, including the Florida Boating Safety Guide, which you can find [here](https://myfwc.com/boating/safety-education/boating-safety/).

6. **Contact Information:** If you have specific questions or need further assistance, you can contact the FWC directly through their [Contact Us](https://myfwc.com/contact/) page.

These resources will provide you with comprehensive information to ensure safe and compliant boating practices in Florida.