VIEWS: 324 PAGES: 8 CATEGORY: Creating a Sales Agreement POSTED ON: 11/9/2013
This is an agreement between an owner of a boat and a party that wants to rent the boat for a limited period of time. Customize the information of the parties, the boat’s specifications, the rental length, the total rental costs, and much more. It is always a good idea to get rental agreements in writing to minimize the threats of complications or disagreements between the parties. This agreement is ideal for individuals or small businesses that provide boat rentals to consumers.
Boat/Vessel Rental Agreement This is an agreement between an owner of a boat and a party that wants to rent the boat for a limited period of time. Customize the information of the parties, the boat’s specifications, the rental length, the total rental costs, and much more. It is always a good idea to get rental agreements in writing to minimize the threats of complications or disagreements between the parties. This agreement is ideal for individuals or small businesses that provide boat rentals to consumers. BOAT/VESSEL RENTAL AGREEMENT THIS BOAT/VESSEL RENTAL AGREEMENT (hereinafter referred to as the “Agreement”) is hereby made and entered as of ___________________ [Instructions: Insert the date of this agreement] by and between _______________________ [Instructions: Insert the name of the party renting the boat] (hereinafter referred to as “Lessee”), of _____________________________________________ [Instructions: Insert the Lessee’s address] and _______________________ [Instructions: Insert the name of the boat owner] (hereinafter referred to as “Lessor”), of _____________________________________________. [Instructions: Insert the Lessor’s address] WHEREAS, Lessor is the registered owner of the Vessel, as defined herein; WHEREAS, Lessee desires to lease the Vessel from Lessor; and subject to the terms and conditions hereof, Lessor desires to lease the Vessel to Lessee. NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. LEASE Provided that Lessee makes timely payment of the Costs and complies with the Other Rental Terms, Lessor agrees to grant to Lessee exclusive use of the Vessel and it’s Fixtures and Equipment for the Term of the Agreement. 2. DESCRIPTION OF THE VESSEL The Vessel described in this lease is as follows (hereinafter referred to as the “Vessel”): a. Make: __________ b. Model: __________ c. Year: __________ d. Type: __________ e. Length: __________ f. Vessel Number (CF): __________ g. CF Issuing State: __________ h. Hull Identification Number (HIN): __________ © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 [Instructions: Insert the boat’s specifications above] 3. FIXTURES AND EQUIPMENT The lease of the Vessel includes the right to use all of the Fixtures and Equipment, provided that the Fixtures and Equipment remain in the same condition as they exist as of the date of this Agreement, reasonable wear and tear excepted. a. For purposes hereof, “Fixtures” shall mean all fixtures, heating plumbing, appliances, carpets, bedding, electrical devices, and all such other items that are attached to or within the Vessel. b. For purposes hereof, “Equipment” shall mean all equipment listed in Exhibit “A”, attached hereto and incorporated herein. 4. TERM The term (“Term”) of the Agreement shall commence at __:__ am/pm [Instructions: Insert the start time of the rental] on _________________ [Instructions: Insert the start date of the rental] (the “Scheduled Departure Time”). Lessor shall arrange for the Vessel to be fueled and ready for Lessee’s departure at the Scheduled Departure Time. The Term shall continue until __:__ am/pm [Instructions: Insert the end time of the rental] on ___________________ [Instructions: Insert the end date of the rental] (the “Scheduled Return Time”). 5. COSTS As used herein, “Costs” shall refer to the Retainer, the Rental Fee, the Late Return Fee, the Fuel Charges, and the Security Deposit, collectively; as such terms are defined in this paragraph. a. Retainer. Upon execution of this Agreement, Lessee shall pay to Lessor __________ Dollars ($____) [Instructions: Insert the retainer amount] which shall be deemed a non-refundable retainer (the “Retainer”). In the event that Lessee cancels prior to the Scheduled Departure Time, the Retainer shall be retained by Lessor. Otherwise, the Retainer shall be applied against the Rental Fee. b. Rental Fee. Lessee shall pay to Lessor __________ Dollars ($____) [Instructions: Insert the total rental amount] (the “Rental Fee”), payable at the Scheduled Departure Time, which payment shall cover the lease of the Vessel for the duration of the Term. c. Late Return Fee. In the event that Lessee returns the Vessel after the Scheduled Return time, Lessee shall pay to Lessor a late return fee (the “Late Return Fee”) in the amount of __________ Dollars ($____) [Instructions: Insert the overtime hourly rental fee] per hour or portion thereof. d. Fuel Charges. Lessee is responsible for all fuel used during the Term of the Agreement and shall return the Vessel to Lessor fully refueled. In the event that Lessee fails to © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 refuel the Vessel, Lessee shall pay to Lessor the reasonably estimated charges to replace the fuel consumed during the Term of the Agreement (the “Fuel Charges”). e. Security Deposit. Separate and apart from any other Costs, Lessee shall pay to Lessor __________ Dollars ($____) [Instructions: Insert the security deposit amount] which shall be a fully refundable security deposit (the “Security Deposit”). The Security Deposit is security that the Lessee will comply with all the terms of this Agreement. The Security Deposit may not be used to pay any other Cost without the Lessor’s prior written consent. If the Lessee defaults on this Agreement prior to the termination of the Term, Lessor may be able to keep all or part of this Security Deposit to cover unpaid Costs and or/damage to the Vessel. At the end of the Term, Lessor will inspect and fully document the condition of the Vessel. Provided that Lessee returns the Vessel in the same good condition as when Lessee first received the Vessel, the Landlord will return the full Security Deposit amount. Otherwise, Lessor will provide Lessee with an itemized list as to why the full Security Deposit amount is not being returned and a check for any remaining Security Deposit owed to Lessor after such deductions have been made. 6. OTHER TERMS The parties agree and acknowledge that the following terms are material to this Agreement (the “Other Terms”): a. Lessee agrees that during the Term of this Agreement, the number of persons occupying the Vessel at the invitation or sufferance of Lessee (the “Occupants”) will not, at any one time, be larger than __________ (____). [Instructions: Insert the maximum occupancy of the boat] b. Lessee shall not attempt to use, nor permit the use of the Vessel (i) for any unlawful purpose; (ii) in a careless or negligent manner; or (iii) by any person under the influence of alcohol and/or any controlled substances. c. As additional consideration, and to induce Lessor to enter into this Agreement, Lessee represents and warrants that Lessee has carefully examined the Vessel, the Fixtures and the Equipment and finds them acceptable and suitable for the purposes for which they are leased, and that Lessee will keep both the Vessel, the Fixtures and the Equipment in a safe, dependable condition during the Term of this Agreement. d. Lessee further represents and warrants that Lessee has read and understands all safety rules and regulations that are: (i) contained in this Agreement; (ii) have been posted in the leasing office; (iii) posted on the Vessel; or (iv) promulgated by local, state or Federal regulatory agencies. Lessee and all Occupants shall familiarize themselves with and observe all such safety rules and regulations. Further, Lessee acknowledges Lessee’s responsibility for the safe and proper behavior of all Occupants, and for the safety and welfare of other boaters and persons. e. Lessor shall not be liable for damages, inconvenience or lost time caused by an accident, breakdown or malfunction of the Vessel. Lessee hereby indemnifies and holds Lessor harmless from and against any and all claims, including without limitation claims for loss or © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 damage to property or for injury to or death of any person, resulting from or arising out of: (i) the acts or omissions of any Occupant; (ii) any swimming, diving, operation of any other watercraft, and any other aquatic activity; and (iii) the loss of or damage to the personal property of any person occur while such personal property was carried in or on the Vessel, including without limitation, loss or damage caused by fire, water, theft or any other cause whatsoever. f. Lessee acknowledges that Lessor’s ability to provide the Vessel is contingent upon and subject to the return of the Vessel by the previous lessee, and causes beyond Lessor’s control. Lessor shall not be liable for any damages to Lessee arising out of the Lessor’s failure to provide the Vessel for any portion of the Term on account of: any act or omission of a prior lessee or other third party, weather, acts of God, or any other cause beyond the control of Lessor. Lessee’s sole remedy for such a failure by Lessor shall be the return to Lessee of a portion the Costs paid by Lessee, pro-rated for that portion of the Term not used by Lessee. g. Lessee shall immediately report to Lessor any malfunction, breakdown, or defect of the Vessel that is discovered after Lessee’s acceptance of the Vessel. If Lessee thereafter continues to use Vessel, Lessee thereby assumes all liability for injury and damage to all persons and property that may arise from such continued use. 7. MISCELLANEOUS a. In the event that any provision or part of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect. b. This Agreement is not assignable or transferable by either party, in whole or in part, without the prior written consent of the non-assigning party. c. This Agreement constitutes the entire agreement between the parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof. d. Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void. e. This Agreement shall be governed in accordance with the laws of the State of _________________________________, [Instructions: Insert the state’s laws that will govern this agreement] applicable to agreements to be wholly performed therein. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first written above. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5 LESSOR: LESSEE: __________________________ __________________________ By: Authorized signatory © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 6 Exhibit “A” Equipment [Instructions: List all of the equipment that will be included with the boat rental. E.g. anchor, life jackets, fishing reels, food, beverages, etc.] © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 7
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