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Terms of Service

THE RENTAL AGREEMENT ON PAGE 1 HEREOF IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS

I the RENTER further agrees, for valuable consideration, receipt of which is hereby acknowledged, to the Terms and Conditions as continued below from the other side of this AGREEMENT:

  1. Inspection / Condition.  The RENTER acknowledges RENTER has carefully examined KAYAK and finds it suitable and acceptable for the purpose for which it is rented; and that RENTER will maintain KAYAK in a safe and dependable condition while in his custody.  OWNER makes no warranties, express or implied regarding KAYAK.
  2. Deposit.  OWNER may use the DEPOSIT (as provided in the RECEIPT OF DEPOSIT FOR RENTAL section) to pay any amounts owed to OWNER under this AGREEMENT.  RENTER understands RENTER will remain liable for:  (i) charges that exceed the DEPOSIT for failing to return said KAYAK in as good condition as when received, except for ordinary wear; (ii) reimbursement of articles damaged, missing or broken equipment; or (iii) for charges to be applied to the rental charges upon return of KAYAK  by the RENTER.  The foregoing shall not limit the OWNER’s ability to seek its further damages at law or equity.  OWNER is not liable for any overdraft, finance, interest or other charges due to holding or retaining the DEPOSIT.  The DEPOSIT will be returned to RENTER upon payment of amounts owed under this AGREEMENT.
  3. Unlawful Purpose.  RENTER agrees to be liable for any damages caused by the use of KAYAK:
    1. For any unlawful purpose;
    2. In a careless or negligent manner;
    3. While under the influence of prescription drugs and/or alcohol;
    4. By any other person not the signatory of this agreement, or not equally qualified.
  4. Assumption of Risk.  RENTER acknowledges RENTER is participating in an activity with possible risks to RENTER and others, including serious bodily injury, death, and property damage.  RENTER is responsible for the safety of RENTER, family, guests, or others using KAYAK; and for the safety and welfare of others.  RENTER will timely report any accident to OWNER.
  5. Release / Indemnification.  RENTER expressly agrees to release, indemnify, defend, and hold the OWNER, its officers, members, employees and agents (hereinafter, ”OWNER”), harmless from and against all claims, demands, causes of action, injuries, liability, loss, damages, costs and attorneys’ fees which OWNER incurs resulting from, or arising out of, this rental and RENTER’s or others use of KAYAK.   RENTER is liable to OWNER for attorneys’ fees and costs in connection with the OWNER enforcing this AGREEMENT, including expenses in collection of or attempting to collect delinquent rent, or to recover possession of rented property.  RENTER and OWNER agree that (i) Venue of any action hereunder shall be in Nassau County, Florida, (ii) RENTER is subject to the jurisdiction of the court in Nassau County, Florida, and (iii) this AGREEMENT shall be governed by the laws of the state of Florida.
  6. Personal Property / Force Majeure.  RENTER agrees to release and hold the OWNER harmless should loss or damages occur to any of the RENTER’s personal property while carried in, or on, KAYAK, including loss or damage caused by fire, water, theft or any other cause whatsoever.  RENTER also agrees that OWNER shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of KAYAK.   The OWNER is not liable for the inability to provide a KAYAK when reserved due to events or circumstances beyond the OWNER’s control, including delays caused by prior renters.
  7. Equipment Malfunction.  In the event of malfunction, breakdown or detection of any defect after acceptance of KAYAK RENTER will immediately report same to the OWNER.  Continued use of KAYAK shall be entirely at the RENTER’s risk and thus RENTER assumes all liabilities of injury and damage to all persons and property that may become involved by the continued use of said KAYAK.
  8. Inclement Weather.  The OWNER reserves the right to cancel this AGREEMENT due to inclement or impending bad weather including, but not limited to, named tropical storms and hurricanes.  For KAYAK already in possession of RENTER, rental fee will be prorated based on the time used.
  9. Acknowledgment. The Rules and Regulations contained herein and on KAYAK are for the safety and welfare of all using said KAYAK.  The RENTER certifies that RENTER has read and understands the terms of this AGREEMENT, including said Rules and Regulations, and further assumes the responsibility to see that RENTER’s family and/or guests know and obey the Rules and Regulations and the terms of this AGREEMENT.
  10. Abandonment.  If KAYAK is abandoned or used in violation of law or this AGREEMENT, OWNER may repossess KAYAK at RENTER’s expense and without notice.
  11. MODIFICATION.  THIS AGREEMENT, INCLUDING ANY ADDENDUM, RULES AND REGULATIONS, AND TERMS AND CONDITIONS HEREIN, CONTAINS THE ENTIRE UNDERSTANDING BETWEEN RENTER AND THE OWNER AND THAT NO OTHER REPRESENTAITON OR INDUCEMANT, VERBAL, OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT, EXCEPT THAT RENTER EXPRESSLY REPRESENTS AND WARRANTS TO HAVE READ AND UNDERSTOOD ALL RATE INFORMATION INCLUDED HEREIN.

 

ADDENDUM TO THE RENTAL AGREEMENT

 KAYAK RULES AND REGULATIONS

  1. Life Vest:  Everyone riding on KAYAK shall wear an appropriately sized Personal Flotation Device (PFD).  The PFD shall be put on and fitted prior to launching the KAYAK, and shall remain on until KAYAK has landed.
  2. Maximum Weight:  Do not overload KAYAK.  Do not exceed the maximum people allowance or the weight capacity as noted on the first page of the AGREEMENT.
  3. KAYAK Launching/Landing:
    1. Launching and landing KAYAK shall be done in an area free of bathers.  As a rule, try to have 2 kayak lengths (or about 20’) clear on either side of your launch or landing point.  It is not difficult to move kayaks to a clear area for launching.  When landing focus on a clear area, not your preferred landing spot.  Once on land it is not difficult to move kayaks up of down the beach.
    2. If RENTER launches KAYAK from anywhere other than an Atlantic Ocean beach, then RENTER and passengers must where footwear adequate to protect them from oyster shells and other obstacles.
    3. KAYAK Storage:
      1. If available, move KAYAK to shade when it will not be in use for an hour or more.
      2. Any time KAYAK is unattended, RENTER will use the cable lock supplied by OWNER to attach KAYAK to a secure location.
      3. KAYAK Transportation:  If OWNER provides equipment to allow carrying KAYAK on top of RENTER’s vehicle, RENTER certifies that written instructions to load and secure KAYAK on top of RENTER’s vehicle have been received, read and are understood.

DELIVERY AND PICKUP RULES

  1. Delivery:  The RENTER must be present for the delivery appointment to sign documents, and to present a valid driver’s license and credit card.  Delivery appointments are made by OWNER in time slots.
    1.  For Hourly rental periods,

i.      Deliveries are made in the morning slots of 9am-10am, 10am-11am and 11am-Noon.

ii.       If OWNER is late with delivery and RENTER is available to accept delivery, then the rental rate will be reduced to the rate of the next lower hourly rental period.

  1. For Daily rental periods,

i.      Deliveries are made in the afternoon time slots of 1pm to 2:30pm and 2:30pm to 4pm.

ii.      If OWNER is late with delivery and RENTER is available to accept delivery, then RENTER will receive a $10.00 credit on the final bill.

  1. No Shows:  If RENTER is not present at the appointed time:
    1. OWNER will charge a $10.00 “No Show” fee regardless of whether or not the delivery is rescheduled.
    2. RENTER may reschedule delivery; however, at OWNER’s discretion the rescheduled delivery may be delayed by 24 hours or more.
    3. Pickup:
      1. It is not necessary for RENTER to be present; however, KAYAK must be secured by RENTER using locks supplied by OWNER.
      2. For Hourly rental periods pickups begin at 4pm.
      3. For Daily rental periods pickups are scheduled a multiple of 24 hours after the original delivery.

 

 

OVERTIME RATE SHEET

  1. For Hourly rental periods:
    1. If KAYAK is not ready for pickup at 4pm,

i.      The rental rate will be increased to the 1-Day (24-Hour) rental rate as published on the OWNER’s website.

ii.       The RENTER will continue to be liable for all equipment until it is picked up, and must call OWNER’s office to reschedule a pickup time for the next day and within 24 hours of the original delivery time.

  1. Continued delays in pickup by RENTER will result in additional rental charges based upon the rental rates published on OWNER’s website.
  2. All pickup visits beyond the one originally scheduled will be charged at the rate of $10.00 per visit, unless caused by OWNER.
  3. For Daily rental periods:
    1. If KAYAK is not ready for pickup at the agreed to time,

i.      The rental rate will be increased to the next multi-Day rental rate as published on the OWNER’s website.

ii.       The RENTER will continue to be liable for all equipment until it is picked up, and must call OWNER’s office to reschedule a pickup time for the next day and within 24 hours of the original delivery time.

  1. Continued delays in pickup by RENTER will result in additional rental charges based upon the rental rates published on OWNER’s website.
  2. All pickup visits beyond the one originally scheduled will be charged at the rate of $10.00 per visit, unless caused by OWNER.

 

PARENTAL/GUARDIAN CONSENT

RENTER must be at least 18 years old and possess a valid ID and credit card.  For minors (under age 18) using  KAYAK  a parent or guardian must sign a consent form at time of delivery.