Boat Rental Contract

Flying Bridge Boat Rental Rental Agreement

Version 21 May 2025

Flying Bridge Boat Rental Agreement (Rules & Regulations

This Powerboat Rental Agreement (“Agreement”) is entered into between Flying Bridge Marina Boat Rentals. (the “Rental Company”) and the undersigned Renter. By signing this Agreement, the Renter (and any Additional Operators) agree to all terms and conditions herein, which are informed by industry best practices and compliant with Massachusetts law. This document also serves as a rental form to be completed at the time of rental, including safety checklists and fields for required information.

1. Renter Information and Requirements

Renter Name ______________________________________ Age _____

Address _______________________________________________________________

Phone ________________________ Email _________________________________

Driver’s License # _____________________ State ______ Exp. __________

Emergency Contact (Name & Phone) _________________________________________

Cell Phone on Board _________________________________________

Renter Eligibility Renter must be at least 21 years of age with a valid driver’s license and a state-approved boating safety certificate. No person under 16 years of age may operate any motorboat or personal watercraft; persons 16–17 may operate only if they have a valid safety certificate on board. Renter certifies that they (and any Additional Operators) meet these requirements and will carry all legally required documents (license, safety certificate) during operation.

Additional Authorized Operator(s) (Must be 18+ with valid license & safety certificate)

Name _____________________________Age _______ ☐ Photo ID ☐ Safety Course Confirmed

All additional operators must be listed above, sign this Agreement, and provide photo ID and proof of boater safety course if required. Unauthorized persons are not permitted to operate the boat under any circumstances.

2. Boat Information and Rental Details

Boat ID/Name ____________________ Type ____________________ (Powerboat)

Capacity _____ persons (maximum) (Do not exceed boat’s rated capacity at any time.)

Rental Date _______________

Rental Period

☐ Half-Day (____ am to ____ pm)

☐ Full-Day (from ____ am to ____ pm)

Check-Out Time (Departure) _______ Scheduled Return Time _______

Actual Return Time _______ (to be filled at check-in)

Rental Fee $___________

Fuel level at departure ☐ Full Tank ☐ 3/4 Tank ☐ 1/2 Tank ☐ ¼ Tank

Optional Insurance

☐ Accepted ($_____ fee)

☐ Declined (Renter assumes all liability – see Section 5)

Staff Member Name _________________________________________

Checkout _____________________ Check-In _____________________

Pre-Rental Boat Condition (To be completed jointly by Rental Company staff and Renter before departure)

Hull & Exterior ☐ No damage ☐ Scratches/dents noted ______________________________

Propeller/Engine ☐ Good condition ☐ Noted issues ________________________________

Lights/Horn ☐ Operational ☐ N/A (day rental)

Fuel Level ______ (e.g., Full, ¾, ½)

Safety Equipment ☐ Life jackets (PFDs) for all occupants (including child sizes as needed)

☐ Fire extinguisher ☐ Throwable flotation device ☐ Flares/Whistle

Cleanliness ☐ Clean ☐ Notes ________________________________

Other _______________________________________________________________

Both parties acknowledge the above condition report. The boat is rented “as is.” Any pre-existing damage or issues are noted to avoid confusion upon return.

Initials Renter ______ Staff ______

3. Rental Fees, Deposit, and Financial Terms

Rental Rates Half-Day and Full-Day rates are as posted (or as above) and include the use of the boat and standard safety equipment. Fuel is not included in the base rate and will be the Renter’s responsibility (see Fuel Policy below). Taxes may apply in addition to the base rates.

Rental Insurance
Rental insurance is strongly recommended

Payment Rental fees (and insurance fee if opt-in) are due in full at the time of booking. The Renter’s credit card information will be kept on file for any additional charges (fuel, damages, fines, etc.). By signing this Agreement, Renter agrees not to dispute legitimate charges for any amounts due under the terms of this contract and acknowledges that a “fair bill” for any such charges will be provided.

Late Return If the boat is returned late (after the Scheduled Return Time), the Renter will incur a late fee of $50 for each 30 minutes (or fraction thereof) past due. Boats not returned within 2 hours of the scheduled time may be considered missing, and authorities may be notified for safety. Consistent with company policy, all boats must be returned by sunset or the designated return time, whichever is earlier – night operation is not permitted.

Tow Policy If the boat becomes disabled due to the Renter’s negligence or oversight and requires service or towing, the Renter will be charged for all associated towing and handling charges.

Cleaning Fee Renter agrees to return the boat in reasonably clean condition (free of excessive trash, mud, sand, food messes, fish blood, etc.). Normal light dirt or a little sand is acceptable, but excessive uncleanliness will result in a cleaning fee up to $50. The Renter may choose to clean the boat at the dock to avoid this fee; cleaning supplies can be provided.

Damage and Loss Charges The Renter is financially responsible for any and all damage or loss to the boat, equipment, or third-party property that occurs during the rental period, regardless of fault, except as covered by any optional insurance (see Section 5). Charges for damages will be based on actual repair or replacement cost, including parts and labor. For example, propeller damage fees may range from $75 (repairable) up to $150 (irreparable prop) , and loss of anchors or safety gear will be charged at replacement cost. Major damage (e.g., to hull, engine, electronics) will be billed per parts + labor ($___ per hour for repairs) . The deposit may be applied toward these costs, and any amount beyond the deposit will be charged to Renter’s card. If the boat is damaged to the extent that it cannot be rented out for a period, the Renter may also be responsible for lost rental revenue during repairs.

Fines for Violations Certain rule violations incur automatic fines (in addition to any applicable damages)

Beaching the Boat Do not run the boat onto any beach, sandbar, or shallow area not designated for landing. Unpermitted beaching or running aground will result in a $250 fine plus any towing or recovery costs, and any damages as assessed. Each day the boat remains stranded (waiting for tide or recovery) may incur additional fees.

Out-of-Bounds Operation The boat must remain within the designated operating area (per staff briefing/map). Taking the boat outside the allowed area without authorization will result in a $100 fine. If the Rental Company must dispatch staff to retrieve or assist an out-of-bound boat, an additional $150 service fee will apply.

Safety Equipment Misuse The boat comes equipped with required safety gear (flare kit, fire extinguisher, life jackets, etc.) for emergency use. Misusing or losing safety equipment will result in fees (for example, $50 for using a flare or fire extinguisher without emergency, $25 for a lost life jacket), in addition to replacement costs if applicable. Genuine emergencies are of course exempt from fines, but any lost or expended equipment must be paid for by Renter if not caused by a real emergency.

Other Violations Additional fines or charges may be assessed for any other misuse or violation of this Agreement or law (e.g., tampering with the boat’s GPS or engine governor, ignoring no-wake zones and causing damage by wake, etc.). Renter is responsible for all citations, fines, or penalties assessed by law enforcement due to Renter’s operation of the boat (such as violation of navigation rules or boating laws).

4. Cancellation and Weather Policy

Reservation Deposit & Confirmation To reserve a boat, the Renter is required to pay the full rental fee in full at booking.

Cancellation by Renter If the Renter cancels with at least 48 hours’ notice before the rental date, any paid rental fees or insurance deposits will be refunded in full.

For cancellations within 48 hours of the rental date, the reservation deposit is forfeited, unless the Rental Company is able to re-rent the boat for the same period. Cancellations on the day of rental or no-shows result in no refund (100% of the rental fee is charged).

Weather Cancellations The Rental Company may cancel or reschedule the rental at its discretion due to severe or unsafe weather (e.g. thunderstorms, high winds, small craft advisories). If the Rental Company cancels for weather before the rental starts, the Renter can choose between a full refund of any payments made or a credit/reschedule to another date. If unexpected severe weather arises during the rental such that the Rental Company calls the boats back in for safety, a prorated refund or credit may be given for unused time.

Note Light rain or mildly poor weather is generally not grounds for cancellation by the Renter – we encourage boating rain or shine and provide foul-weather gear if needed. However, if official warnings are issued (e.g., lightning, storms) making boating unsafe, we will work with you to reschedule or refund as appropriate.

Early Returns If the Renter returns early by choice (not due to instructed weather return), no refunds are provided for unused time. If the Renter extends the rental (with approval and if available) beyond the original period, additional fees will apply at the standard hourly rate.

Company Cancellations In the rare event the Rental Company must cancel for reasons other than weather (e.g., boat mechanical failure with no replacement available), the Renter will receive a full refund of any amounts paid, and the Rental Company will have no further liability for the cancellation beyond the refund.

5. Optional Liability Insurance / Damage Waiver

The Renter has the option to opt in to an optional liability damage waiver (rental insurance) for an additional fee. This option can limit the Renter’s financial responsibility in the event of accidental damage to the rental boat.

Coverage If purchased, the Rental Company’s damage waiver/insurance covers damages to the rental boat up to $____ (per incident) after a deductible of $____. For example, if damages amount to $2,000 and the deductible is $500, the Renter will pay $500, and the insurance would cover the remaining $1,500. Liability for third-party injury or property damage is not fully covered by this waiver; it is recommended that the Renter carry or purchase separate liability insurance if concerned about third-party claims. The waiver does not cover intentional misuse, gross negligence, or violations of this Agreement (e.g., operating under the influence, out of bounds, or other willful misconduct – in such cases, the Renter is fully liable for all damages).

If Declined If the Renter declines the optional insurance (opts-out), they accept full financial liability for all damages or loss to the boat, its equipment, and any third-party property or injuries arising from the use of the boat during the rental. This includes but is not limited to collision damage, sunken or lost boat, towing salvage costs, property damage, personal injury claims, fuel contamination or wrong fuel type damage, theft of the vessel, and so forth. By declining, the Renter effectively self-insures these risks and agrees that the Rental Company can charge their card on file for the full amount of repair or replacement costs and any associated loss.

Liability for Damages when Opting Out To illustrate, if the boat incurs $5,000 in hull damage and the Renter did not buy the waiver, the Renter is responsible for the entire $5,000. If the boat is a total loss or stolen, the Renter may be liable for the full replacement value of the boat. Renter’s Initials (if declining insurance) ______ (By initialing, Renter acknowledges they are responsible for all damages, fines, and costs as stated.)

Liability for Damages when Opting In Even with the insurance, the Renter is responsible for the deductible amount and any excluded costs (for instance, cleaning fees, late fees, fuel, intentional damage, or liability beyond the boat’s damage). Renter’s Initials (if accepting insurance) ______ (By initialing, Renter agrees to insurance terms and to pay the insurance fee and any deductible as required.)

Note The optional insurance is not personal accident insurance for injuries to the Renter or passengers. It is solely a damage waiver for the boat. All renters and passengers are encouraged to use caution and follow all safety rules to avoid injuries. The Renter also understands that the Rental Company’s insurance (if any) is excess and not intended to cover the Renter’s liabilities; it primarily protects the Rental Company. The Renter’s choice to opt-in or opt-out does not affect the release of liability and indemnification in Section 6 – those apply in either case.

6. Safety Rules and Operating Guidelines

The Renter agrees to operate the boat in a safe, prudent manner at all times and to adhere to all of the following rules, as well as any oral safety briefing given by staff and all applicable laws

Boating Laws Renter must obey all Massachusetts and federal boating laws, navigation rules, and regulations. This includes speed limits, no-wake zones (idle speed areas), right-of-way rules, and keeping a safe distance from swimmers, divers, and other vessels. Renters are responsible for any damage caused by their wake or negligent operation. All occupants must comply with laws regarding life jacket use Children under 12 must always wear a U.S. Coast Guard-approved life jacket while underway, and the boat must not get underway until every child’s life jacket is properly worn. We strongly encourage everyone on board to wear life jackets whenever the boat is in motion or weather is poor.

Prohibited Use
The following are strictly prohibited during the rental

Operation under the influence No alcohol or drug use by the operator. Operating the boat while intoxicated or impaired is illegal and forbidden. The Rental Company reserves the right to immediately terminate the rental (with no refund) if any operator is suspected of being under the influence, and the Renter will be fully liable for any damage or injuries that result.

Night Operation The boat may not be operated after sunset or before sunrise. All rentals must conclude by the designated return time in daylight hours. Night operation is only permissible if expressly agreed in writing and only with proper lighting and experienced operators; otherwise, it is forbidden due to safety.

Passenger Capacity Do not exceed the maximum capacity of the boat (___ persons as listed above). Overloading is extremely dangerous and is a violation of Coast Guard regulations and this Agreement. Every passenger must have a life jacket available.

Towing & High-Risk Activities No towing of tubes, water skiers, wakeboarders, or any other devices or persons is allowed. By default, no water skiing, wakeboarding, parasailing, or similar is permitted. Additionally, the Renter shall not permit any diving off the boat while underway, or any reckless stunts (e.g., boat jumping).

Reckless Operation No racing, no weaving through traffic, no high-speed travel in congested areas or in no-wake zones. The boat must be operated at safe speeds appropriate for the conditions. Jumping waves, sharp turns at high speeds, or any behavior that endangers persons or property is prohibited. Massachusetts law prohibits reckless or negligent operation that endangers life, limb, or property.

Unlawful Use The boat shall not be used for any illegal purpose (e.g., transport of illegal substances, harassment of wildlife, etc.), nor in support of any commercial activity or event without prior written consent. All fishing (if allowed) requires proper licensing; no operation in restricted wildlife sanctuaries or protected areas.

Area of Operation Renter must stay within the designated waterways and boundaries explained during the safety briefing (e.g., the local river, bay, or lake limits). Do not go into restricted areas such as shallow coves, upstream beyond navigation markers, or out into the open ocean if not permitted. A map of approved areas is provided; leaving these areas may incur fines (see Section 3, “Out-of-Bounds”) and immediate termination of the rental.

Beaching & Grounding Except in an emergency, do not beach the boat or intentionally ground it on any shore. Use designated docks or anchor in safe depths if you wish to stop. Shallow water can cause propeller and engine damage (see fines for beaching). If you accidentally run aground, call the Rental Company immediately for guidance – do not try to gun the engine, as it can cause more damage.

Leaving Boat Unattended Renter shall not leave the boat unattended at any time except when properly secured at a dock or mooring. Do not anchor and leave the boat to go ashore unless in a safe, designated area and for a short duration, as this risks the boat drifting or being damaged.

Required Safety Practices

Pre-Departure Checklist Renter agrees that prior to departure, they will review the boat’s safety equipment and operation with the staff (see Safety Briefing Checklist below). Renter must know the location and use of life jackets, fire extinguisher, flares, horn, bilge pump, and radio/phone. Both Renter and staff will sign off that these items were reviewed.

While Underway All occupants should remain seated while the boat is moving above idle speed. Children must be supervised by an adult at all times. No sitting on seat backs, bow riding outside the railings, or other risky positions while underway (bow riding or riding on gunwales is illegal in many states and extremely dangerous). Keep your arms and legs inside the boat when docking.

Weather and Conditions Renter must monitor weather conditions. At the first sign of thunderstorm, lightning, heavy rain, or sudden strong winds, the Renter should seek safe harbor or return. The Rental Company may contact the Renter via phone/text to recall the boat in case of impending bad weather – the Renter must promptly comply. If dense fog or severe weather arises unexpectedly, do not attempt to continue boating; find a safe spot to wait for or call for help.

No-Wake Zones Strictly observe all No Wake zones (slow speed areas) especially near marinas, fuel docks, and swimming areas. Entering or exiting the marina must be done at idle speed. The Renter is responsible for any damage or injury caused by their wake, such as to other boats or docks.

Navigational Rules Always keep a proper lookout. Follow the “Red Right Returning” rule (keep red buoys on your right when returning to harbor). Do not cut in front of other vessels. If crossing paths with another vessel, the boat on the right (starboard) generally has right-of-way; slow down to let them pass. Sailboats under sail and paddle craft have right-of-way over motorboats – keep clear of them. Give way to larger vessels that may have difficulty maneuvering.

Distances & Speed Maintain safe distances at least 150 feet from swimming areas, divers-down flags, and other boats when at speed. Operate at headway speed (6 mph or less, no wake) within 150 feet of shorelines used by swimmers. (These are Massachusetts rules for safe operation.) High speed operation is only suitable in open areas, in daylight, and good visibility.

Engine Off When Swimmers Near Always turn off the engine when people are swimming near the boat or in the water near the propeller (propeller strikes are a leading cause of boating injuries). Start the engine only when everyone is safely on board.

Cell Phone At least one responsible adult on board must have a charged cell phone accessible for emergency contact. The Renter’s on-board phone number is ______________________. All operators must have a cell phone on board and provide the number to the Rental Company before departure. This is for safety and communication (e.g., weather alerts, emergency contact).

Operational Instructions The Renter agrees they have been given an orientation to the boat’s operation including starting/stopping the engine, controlling speed, anchoring, docking procedures, and emergency shutdown. If the Renter feels unsure about any operation, they will ask the staff before departure. First-time boaters The Rental Company will provide extra guidance or a short demo ride if needed to ensure you are comfortable. Never hesitate to contact us during your rental if you have questions.

No Unauthorized Repairs or Modifications The Renter shall not attempt to make any repairs or adjustments if the boat has mechanical issues. In case of any malfunction, the Renter must immediately inform the Rental Company (call the number provided). Our team will assist or dispatch help. Do not change any wiring, remove engine covers, or modify any equipment on the boat.

Accident Reporting If any accident, collision, injury, or property damage occurs during the rental, the Renter must notify the Rental Company immediately and follow all law enforcement and Coast Guard reporting requirements. Massachusetts law may require an accident report to the MA Environmental Police for certain incidents (e.g., injuries or significant property damage). The Renter agrees to cooperate fully with any investigations and to provide a written incident report to the Rental Company.

Termination of Use The Rental Company reserves the right to terminate the rental and retake possession of the boat at any time if the Renter or any user is found to be in violation of these rules or operating the boat in an unsafe or unlawful manner. In such an event, the Renter will not be entitled to any refund and may incur additional charges or fines as noted. The Renter must immediately comply if the Rental Company instructs to return to dock due to violations or safety concerns.

7. Liability Release and Indemnification

NOTICE This section contains a release of liability and waiver of legal rights, please read carefully and sign below. By signing, the Renter acknowledges understanding of this release.

Assumption of Risk The Renter understands that boating and water sports involve inherent risks, dangers, and hazards, which may include large waves, changing weather, engine failure, collisions, capsizing, falling overboard, drowning, or injuries from propellers or other boats. Renter voluntarily assumes all risks of injury, death, and property damage related to the rental and operation of the boat, whether such risks are foreseen or unforeseen, and regardless of who is at fault.

Liability Release The Renter, on behalf of themselves, their family, heirs, and assigns, hereby releases and discharges the Rental Company, its owners, employees, agents, and affiliates, from any and all claims or liability for personal injury, death, property damage, or loss that Renter or any passenger may suffer, even if caused in whole or in part by the negligence of the Rental Company or its agents. This release includes all claims arising from the use, operation, or possession of the boat, or from any acts of the Rental Company in providing for the boat or in failing to warn of hazards. The Renter specifically agrees that the Rental Company shall not be responsible for any injuries or damage, even in the event of the Rental Company’s negligence, to the fullest extent allowed by law. Exception This release does not apply to the Rental Company’s gross negligence or willful misconduct, if proven in a court of law.

Indemnification The Renter agrees to indemnify, defend, and hold harmless the Rental Company and its owners, employees, agents, successors and assigns from and against any and all losses, liabilities, claims, damages, attorneys’ fees, and costs arising out of or related to the Renter’s use or possession of the boat. This indemnification includes any claims asserted by third parties (including passengers or other boaters) for personal injury or property damage that in any way arises from the rental or use of the boat, even if due in part to the Rental Company’s negligence. In other words, if anyone else is hurt or suffers loss as a result of the Renter’s rental or actions, the Renter will protect the Rental Company from those claims.

Responsibility for Operators/Passengers The Renter is responsible for ensuring that all passengers and any additional operators obey all terms of this Agreement and act safely. The Renter will be held liable for any breach of this Agreement by their passengers or other operators. Allowing any unauthorized person to operate the boat is a material breach of this contract; the Renter assumes all liability for any consequences of unauthorized use. If the Renter is not the primary operator, they still remain liable for the boat and the actions of the operator.

Property Loss/Damage The Rental Company is not responsible for loss or damage to any personal property of the Renter or passengers, including fishing gear, coolers, phones, cameras, clothing, or any items brought on board. The Renter assumes risk of any such loss or damage. It is recommended to stow valuables in waterproof bags and secure items to prevent them from blowing overboard.

No Warranties The Rental Company makes no warranties, express or implied, regarding the seaworthiness or fitness of the boat for particular purposes. The Renter has inspected or had the opportunity to inspect the boat and accepts it in its current condition (see Pre-Rental Checklist). Any issues noted have been disclosed. The Rental Company will make a good faith effort to provide a safe and well-maintained vessel but cannot guarantee against unforeseen mechanical problems or weather changes.

Emergency and Breakdown The Renter should immediately contact the Rental Company in the event of an emergency or breakdown. The Rental Company provides a [24-hour emergency line (XXX) XXX-XXXX]. In an urgent life-threatening situation, the Renter should call 911 or radio the Coast Guard on VHF Channel 16 before contacting the Rental Company. The Renter agrees not to abandon the boat unless absolutely necessary for safety. If the boat must be left due to sinking or other immediate danger, the Renter will notify the Rental Company as soon as possible of the boat’s last known location.

Insurance (Liability of Rental Company) The Renter understands that the Rental Company’s insurance (if any) does not cover the Renter or passengers for injuries or personal property, and that this Agreement is a primary assumption of risk and release of the Rental Company’s liability. The Renter’s own insurance (homeowner’s, renter’s, travel insurance, or credit card insurance) might offer some coverage for personal injury or property loss; it is the Renter’s responsibility to arrange appropriate insurance if desired.

Legal Rights Renter acknowledges that they have read and understood this Liability Release and Indemnification. Renter understands that by signing this Agreement, they are giving up certain legal rights, including the right to sue or claim compensation for injuries or damages. Renter signs this Agreement freely and voluntarily and agrees that it is binding on themselves and their heirs/representatives.

8. Additional Terms

Governing Law This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any dispute or legal action arising from this Agreement or the rental shall be brought in the appropriate state court in Massachusetts (or federal court in Massachusetts if applicable). The parties agree to venue in Massachusetts and consent to personal jurisdiction there. (If any portion of this Agreement is inconsistent with Massachusetts law or public policy, that portion shall be severable and the remainder enforced to the fullest extent allowed.)

Entire Agreement This Agreement constitutes the entire understanding between the Rental Company and the Renter with respect to the boat rental. It supersedes any prior or contemporaneous oral or written agreements or representations on the same subject. No oral statements by staff or the Renter shall modify or alter the terms herein. Any changes to this Agreement must be in writing and signed by both the Renter and an authorized Rental Company representative.

Severability If any provision of this Agreement is found to be invalid or unenforceable by a court of law, the remainder of the Agreement shall not be affected and shall continue to be valid and enforceable. The invalid provision will be interpreted or reformed to the minimum extent necessary to make it enforceable, or, if that is not possible, it shall be severed from this Agreement.

Waiver No failure by the Rental Company to enforce a term of this Agreement shall be deemed a waiver of the right to enforce that term or any other term in the future. An explicit written waiver signed by the Rental Company for any breach shall not constitute a waiver of any subsequent breach.

Assignment The Renter may not assign or transfer any rights or obligations under this Agreement to any other party. The rental is only for the Renter and listed operators. The Rental Company may assign its rights (for example, to an insurance provider) as needed.

Headings Section headings are for convenience and organization in this Agreement and do not define or limit the scope of any provisions.

Acknowledgement Renter acknowledges they have been given the opportunity to ask any questions regarding this Agreement and the operation of the boat, and that all such questions have been answered to their satisfaction. If the Renter requires translation or explanation of any terms (for non-native English speakers, etc.), they should inform the Rental Company before signing. This Agreement is written in plain language for ease of understanding but is still a legal document. Do not sign it if you do not understand any part of it.

9. Safety Briefing Checklist (To Be Completed at Rental Checkout)

The following safety briefing items must be reviewed by Rental Company staff with the Renter (and any operators) before departure. Both parties should initial each item to confirm understanding

Boating Basics & Navigation Explained local boating area, showed navigation chart/map, highlighted restricted areas and no-wake zones. Renter knows where they can/cannot go.