In consideration of the following representations, covenants and agreements, Croton Sailing School, Inc., Owner, hereby rents to the Renter the Sailboat described above. The Renter, named above, agrees to the following:
- 1) Renter declares that he/she is at least 21 years of age and experienced and qualified to properly handle the sailboat rented herein.
- 2) The Renter covenants and agrees that the boat will be operated in a safe and careful manner and with due diligence and shall be returned with equipment and boat in same condition as when taken, ordinary wear and tear excepted.
- 3) During the term of the agreement the Renter shall be in full control of the rented boat and it is expressly understood that the Renter is not the agent, servant or employee of the Owner, in any way whatsoever, and that the Owner is not responsible for injuries sustained by Renter, his guests and employees
- 4) PURPOSE: The boat shall be used exclusively as a pleasure vessel for the safe and proper use of the Renter, his family and employees during the term of this agreement and shall not be used to transport merchandise, nor carry passengers for hire or for pay.
- 5) NAVIGATIONAL LIMITATIONS: The Renter agrees to restrict the operation of Rainbow rentals to the area visually described on the attached chart. This area is defined as the Hudson River north of Buoy #18, south of Buoy #26, east of channel marker Buoy #21 and west of Senasqua Park. Pearson yachts with auxiliary power are restricted to the above areas south, east and west and north of Buoy #8 and the Tappen Zee Bridge
- 6) The renter shall not dock the boat at a dock or pier, nor shall the renter raft with another vessel.
- 7) WEATHER CONDITIONS: Owner herein assumes no responsibility for weather conditions which may arise or occur during the term of this agreement, and all rates and agreements will continue in full force and effect until the return of the boat to the Owner.
- 8) PFD’s: Owner has provided each passenger of the rented boat with a U.S. Cost Guard approved personal flotation device (PFD). Owner requires that each passenger wear a PFD at any time white caps are apparent on the water and strongly encourages passengers to wear PFD’s at all times. Children under 12 years of age, on any vessel 65 feet or less in length must wear a US Coast Guard approved type I, II, or III while underway.
- 9) FOUL WEATHER OR EMERGENCY CONDITIONS: If at any time the boat is disabled or Renter feels incapable of handling wind conditions, the following procedures must be followed:
a) All passengers must wear PFD’s
b) Anchor the rental boat in any location outside of the channel
c) Lower all sails
d) If electrical storm conditions exist, stay away from all metal objects aboard the boat
e) Look for motor boat from Croton Sailing School and use air horn and wave arms to attract boat
The Renter further agrees:
a) To notify the Owner immediately of any accident involving the boat
b) On demand, to reimburse the Owner for the cost of all damages to the boat and equipment, or other boasts and property resulting from accident, collision, theft or loss, up to the amount of $550.00.
c) To release the Owner and/or boat from any claim for loss and/or injury of any nature whatsoever which may occur during period of this rental.
d) To indemnify and save the Owner and Owner’s employees from claim for liability for loss and/or injury to any persons including all occupants of the boat hereby rented by reason of accident involving said boat during this rental or as a result of the operation of the boat in violation of any law or ordinance.
- 10) Boat shall be returned by time agreed or an hourly charge of $50.00 for each hour or fraction thereof will be due. There will be an additional $75.00 charge if it is necessary for Owner to retrieve boat back to Croton Sailing School at Senasqua Park after the agreed return time.
- 11) Croton Sailing School, Inc. reserves the right to cancel rentals due to hazardous weather conditions and refund deposits; however, rentals will only be canceled at the time of the rental and only for hazardous conditions. Renter may not assume a cancellation for weather conditions and will forfeit deposit if cancellation is not verified.
- 12) The use of alcoholic beverages aboard any rental boat is strictly forbidden.
- 13) This contract constitutes the entire agreement by and between the parties hereto and no oral or implied agreement or understanding shall cancel or vary the terms of this contract unless reduced to writing and signed by the parties hereto.
- 14) Both parties acknowledge that they have read the foregoing provisions with all of which they are in complete understanding and agreement.