Rental Boat Terms and Conditions of Use:

By agreeing to the terms of use, the undersigned as RENTER/OPERATOR agrees to the following terms and conditions:

• All safe boating regulations must be followed including no wake zones. 

• life preservers are required for all children under the age of 13 at all times. 

 • You are personally responsible for any damage to the boats, other boats or other property caused by your violation of safe boating regulations or of Kingfish Boat Rentals conditions of use.

• Boat operators may not consume alcohol or drugs of any kind regardless of the degree of impairment. Operators shall not consume alcohol during the term of the rental agreement nor shall they have consumed alcohol within the 12 hours prior to commencement of the rental agreement. Renters and Operators who are in violation of the alcohol consumption portion of this agreement will be refused a boat and charged for the cancellation.

• Equipment must be returned on time, there is no grace period for late returns. 

• Any and all damage to the equipment that is caused as a result of the lessee’s operation or oversight is the sole responsibility of the lessee. Do not leave boats unattended. 

• Renter is responsible for being aware of tides, currents and winds. Do not beach boats or allow boats to become beached by falling tides or changing winds.

• Boats are to be returned clean and in the same condition as they were when you took them out.

• You are not allowed to let anyone other than the Renter/Operator use or operate the boat. Anyone who may be serving as an operator needs to be identified and to sign this agreement and comply with all boating safety requirements. You MAY NOT allow anyone else to use the boat. You are entirely personally responsible for any damage caused to our boat or to other persons or properties.

• All operators must have a cell phone on board and we must have this number: KBR # : 804-399-9881

• In any areas with marked channels always stay between green and red markers. Refer to the provided map to determine channel location and approximate water depth. 

• If you are ever in less than 3’ of water, go dead slow, this means as slow as the boat will go and still be in gear. Do not run the boat aground. In the case you do run aground, reverse immediately.

• No pets are allowed on any boats without express permission (Notify dockmaster) 

• Prohibited uses: Customers may not use boats for any use not intended by manufacturer or in any manner that is illegal.

• Without limitation, customers shall not use the boat in any of the following manners: 

      - In any type of race or competitive event

      - For any illegal purpose or in an illegal manner

      - To carry any type of hazardous or explosive substance

      - After dusk or during the night

      - To carry loads beyond stated capacity

      - In a reckless, abusive or negligent manner

• No operator shall consume or be under the influence of drugs or alcohol. 

• If further use may cause damage to boat or motor (warning light or buzzer on) 

• In violation of the terms and conditions of this agreement in any way

• Outside of approved use area

• No grills or grilling on boat

• In no event shall customer sub-lease boat to another person or entity. Customer’s rights under this agreement are non-transferable.

• It is your sole responsibility, as the boat operator and renter, to know and obey the “Rules of the Road”. That means federal and State laws.

• Every Customer must participate in a boat orientation and walkthrough. 

• If you haven’t completed a boating safety course you will be provided with what Virginia State requires for rental boat operation.

• No KBRLLC staff has the right to change any of the terms or conditions of this agreement (except an owner when done in writing)

• If any provision of this agreement is found to be void, invalid or unenforceable, such finding shall not affect the validity or enforceability of any other part of this agreement. 

• This agreement constitutes the entire understanding of the parties with respect to the subject matter contained herein and shall supersede all other agreements, either oral or written, with respect to the same. This agreement is binding upon the heirs, successors and assigns of the parties.

CANCELLATION / RE-BOOK / REFUND POLICY

Any refund will be assessed a $40 fee for processing.

Cancellation by Kingfish Boat Rentals LLC:

- A vessel being out of service or weather deemed too hazardous or severe for operations by management of Kingfish Boat Rentals LLC.

- “Small craft conditions” or more severe weather all day. A local forecast of possible or scattered thunderstorms does not in itself constitute too hazardous for operations. We will re-book on a different date not refund.

Cancellation by Renter: We require notice 72 hours prior to scheduled rental and you can re book for a different date if available. Less than 72 hours no refund unless we are able to book another rental for that full period and then there will be a $40 refund fee. If we are unable to rent for that rental period there will be no refund.

Note: Weather conditions are determined using NOAA and USCG weather information as well as other reliable sources to determine the conditions for the rental period. Scattered showers or scattered or possible passing storms are not necessarily considered conditions that constitute a need for re-booking or cancelation.

Should a passing shower or storm come up during your rental period we suggest you remain anchored (check your anchor and let out more line if anchor is adequately dug in) or stay moored if already moored. Seek shelter at a nearby dock or marina until the storm passes. If lightning, have all persons get out of the water.

Fees and Charges:

Customer acknowledges that Kingfish Boat Rentals has their approval to charge this credit card for damages and fees resulting from their use of the boat and agrees to comply with all Kingfish Boat Rental Terms and Conditions and to pay any applicable fees and charges, included below:

• Beaching Boat - $250 fine for running aground, plus additional fee of $500 if towboat is required.*

• Fees for loss or misuse of safety equipment - $50 for breaking seal on flare kit except for in a legitimate emergency. $25 for use of fire extinguisher except in a legitimate emergency. Fee for loss or damage beyond repair to life preservers $175. Fee for loss of anchor, $100. Other items lost or damaged to be charged at cost of replacement.

• There is a $25 fee every 15 minutes past agreed return time.

• There is a $150 fee for propeller damage that is rebuildable and a $250 fee for damage that is too extensive to be rebuilt. Ability to rebuild propeller or not is to be determined by KBRLLC. 

• Any boats known to have been run aground or beached in sand (we can tell from propellers) will be charged $375 for removal of lower unit and inspection of water pump impeller. If impeller is damaged actual replacement part cost will be charged for replacement. 

• There is a $150 fee for not obeying No Wake Zones.

• For damage to fiberglass, aluminum, cushions, cowlings, electronics, etc. you will be charged actual retail cost of parts plus $100 per hour for making repairs.

• A cleaning fee of $75 will be charged for bringing boat back excessively dirty. You may also choose to clean up the boat yourself, we will provide a bucket, soap and a brush. A little bit of sand and normal dirt is acceptable without a charge but if boat is brought back covered with dirt, sand, trash, food or fish blood and you do not wash it, you will be charged. 

• Towing fee of $325 per hour daylight and $370 after sunset, if the reason is caused by customer.* (*Prices are for operating area, additional $250 fee for assistance outside set operating area)

Optional Protection: You may purchase a BoatUS Freshwater Unlimited Membership and receive assistance at a discounted rate. Annual fee is $85, but is not valid until midnight of the day you enrolled. This membership is yours and may be used on any boat you rent, borrow or own. Includes: 24/7/365 Dispatch, Water Towing. Water Jump Starts, Water Fuel Delivery, Soft Ungrounding

Additional Charges:

If you damage or lose any of the items listed below your credit card will be charged. Prices are subject to change.

*Depending on damage there may be a charge of $100 per hour plus cost of parts to repair

Flares $40

Anchor $50

Fire Extinguisher $25

Anchor with chain and rope $100

Whistle $10

Fender $25*

Throwable Flotation Device $25

Burn Marks in carpet $50 each

Propeller $175+*

Burn Marks or tears in upholstery $200*

Batteries $150 each*

Engine:Damage as assessed

Damage to Hand Rails $100 each*

Boarding Ladder $125-$350*

Dents $100 each*

Excessive cleaning charges $75

Copy of Renter as well as Operators Drivers Licenses

Additional Terms and Agreements

The RENTER and every OPERATOR represents and warrants that they are in compliance with the alcohol consumption prohibition of this Agreement and will comply with the alcohol consumption prohibition of this Agreement at all times.

The RENTER must return the boat to the OWNER at or before the time specified. RENTER/ OPERATOR Understands that navigation of the rental boat is confined to the waterways of The James River between Richmond and The Benjamin Harrison Bridge. As delineated on provided chart, these boundaries are the “Operating Area”. (unless otherwise stipulated in writing)

The RENTER/OPERATOR shall demonstrate to marina operators and/or KBR LLC a working knowledge of boat operations and boating safety along with significant experience in operating a boat. This is crucial to the safety of all boat occupants and other boaters on the James River as well as the safety and security of the vessel being leased. Marina operators and/ or KBR LLC reserve the right to refuse rental to anyone who does not meet this guidelines on the day of the rental.

RENTER/OPERATOR acknowledges that the boat is the rightful property of the OWNER, and further acknowledges that the boat is received in good and safe mechanical and seaworthy condition. RENTER agrees to return said boat together with all accessories and gear to the OWNER in the same condition as RENTER received it. Said boat is equipped with life jackets, a throwable floatation device, anchor and line, fire extinguisher, a sound producing device, flares and a full tank of fuel.

RENTER/OPERATOR agrees to pay to OWNER the cost of replacing lost equipment and the cost of repairing damages to, and caused by, the boat including parts, labor expenses of transporting said vessel or other property to and from point of repair, all towing charges, including, but not limited to all towing charges as a result of grounding or beaching of the boat, regular rental fee covering time said vessel is out of service as a result of damage, and any collection cost and / attorney fees necessary to secure reimbursement.RENTER/OPERATOR agrees to pay to the OWNER for all damages to the boat caused by beaching, hitting submerged obstructions, running aground or any other cause. The boat will be inspected before and after rental. If there is ANY damage the total cost will be determined by our certified mechanic and paid in full by RENTER.

RENTER/OPERATOR who signs to accept the terms of this Rental Agreement certifies that he or she is 25 years of age or over.

RENTER/OPERATOR understands that they will be provided a dockside safety checklist, shown how to operate the boat safely and a summary of the boating laws, if they have not completed a boating safety course.

RENTER/OPERATOR agrees that the use of the boat by a number of persons greater than the number of life jackets or buoyant cushions provided (passengers under the age of 13 are required to wear a life jacket at all times), RENTER/OPERATOR agrees to operate the boat in a safe and legal manner as prescribed by all laws and regulations applicable to the area in which the boat is operated.

RENTER/OPERATOR agrees to and shall indemnify and hold harmless Kingfish Boat Rentals, LLC, Marina owner Foster’s Reach LLC, and The Lilly Pad LLC, its officers, agents, and employees, from and against any claims, losses, damages, causes of action, suits, and liability of every kind including all expenses of litigation, court costs, and attorney’s fees for injury to or death of RENTER or RENTER’s guest or invitee, or for damages to any property of RENTER or RENTER’s guests or invitees arising out of or in connection with obligations of Kingfish Boat Rentals, LLC, under this contract, where such injuries, death or damages are caused by Kingfish Boat Rentals, LLC’s sole negligence or the joint negligence of RENTER and any other person or entity.RENTER AND OPERATOR further agrees to and shall indemnify and hold harmless Kingfish Boat Rentals LLC, Foster’s Reach LLC., its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind related to environmental damage.

Customer agrees that Kingfish Boat Rentals LLC is authorized to charge a credit card for any and all damage, late fees or fines, which are stated by this agreement. Prices and fees are subject to change based on cost and pricing at the time of assessment.

BASIC INFORMATION:

Right Side = Starboard

Left Side = Port

Unlawful Acts

- Reckless operation

- Operating while intoxicated

- Failing to stop, assist, or provide name and address at the scene of an accident - Failure to obey regulatory water markers

- Operating in designated swimming areas

Speed Laws

- “No Wake” is the slowest possible speed required to maintain steerage and headway - Unlawful to operate greater than no wake speed in areas marked with “No Wake” buoys - Unlawful to operate greater than no wake speed within 50 feet or less of docks, piers, boathouses, boat ramps, and people in the water.

- Operator shall reduce speed to avoid endangering persons or property by wake when approaching or passing vessels underway, lying

to, at anchor, or made fast to the shore; or when approaching or passing persons in the water or using water skis, surfboards, etc.

- A safe speed is less than maximum at which the operator can take proper and effective action to avoid collision and stop within a

distance appropriate to the circumstances and conditions.

Rules of the Road

- “Give-way” vessel is the vessel that must take early action to keep well clear of another vessel. “Stand-on” vessel shall maintain course and speed, unless the vessel required to keep out of the way is not taking appropriate action.

- When head-on (bow to bow) each vessel shall alter their course to starboard (right) so that each shall pass on port (left) side of the other.

- Power boats must give way to sailing vessels under sail regardless of the angle of the power driven vessel.

- When two power driven vessels are crossing, the vessel which has the other on their starboard (right) side shall give way and keep out of the way and avoid crossing in front of the other vessel. When taking action to stay out of the way, make it early, substantial, and well clear of the other boat. Make your turn large and obvious to be readily apparent to another vessel.

- Any vessel overtaking any other shall give way and keep out of the way of the vessel being overtaken. If you are being overtaken (passed), you are the stand-on vessel and should maintain your course and speed.