Template. Replace every item in [brackets] and have a lawyer licensed in your state review it before use.
Boat Rental Agreement, Waiver and Release of Liability
1. Parties and equipment
This agreement is between [Company legal name] ("[Company]") of [address] and the person or persons named and signing below (the "renter" and, where different, each "participant").
It covers the rental of the vessel described as [make, model, unit number] from [date and time] to [date and time], collected from or delivered to [location].
2. Acknowledgement and assumption of risk
The renter and each participant understand that using vessels carries risks that cannot be removed by care, including:
Collision, grounding, capsizing and falls overboard.
Injury from propellers, lines, anchors and moving about the vessel under way.
Sudden changes in weather, sea state and visibility.
Mechanical or fuel failure away from the dock, and the delay in reaching the vessel.
Each participant accepts those risks and any others arising from the activity, whether or not listed, and confirms that they take part voluntarily.
3. Participant requirements
The named operator must be at least [minimum age], hold [boater education card or licence your state requires], and be the only person who drives the vessel.
The operator agrees to a sobriety check at handover where [Company] requires one, and to remain sober for the whole rental.
The group must not exceed [capacity] people, which is the capacity on the vessel's plate, and every person must have a life jacket aboard, worn by [children under age / everyone] at all times.
Every person aboard attends the safety briefing before departure.
4. Rules of use
Observe all no-wake zones, speed limits and marked channels, including [named zones].
No towing of skiers or tubes unless [Company] has approved it in writing and a spotter is aboard.
Anchor only in [permitted areas]; do not beach the vessel except at [permitted beach].
Return to slip [number] at [marina] by [time]. Fuel used is charged at [rate] against the level recorded at handover; a late return is charged at [rate] per [interval].
5. Area and time limits
The vessel may be operated only within [named waters], bounded by [landmarks], and not beyond [inlet / bridge / marker]. Where a tracker is fitted, [Company] may contact the operator if the vessel leaves that area.
6. Condition at handover and at return
The vessel is handed over in the condition recorded in the photographs and notes taken at handover with the renter present, and the renter accepts that record as accurate unless they note a difference before leaving.
The vessel is inspected on return against the same record, with the renter present where possible, and photographed again. Both records are kept by [Company] and are the evidence both parties rely on.
7. Damage, loss and deposit
The renter is responsible for loss of or damage to the vessel during the rental beyond fair wear, up to [replacement value / excess amount], regardless of fault, except where caused by a defect [Company] knew of.
A deposit of [amount] is [held on the renter's card / taken in cash] at handover and released within [days] of a return in the condition recorded at handover. Repair costs and the charges in clause 4 may be deducted from it, and the renter owes any balance beyond it.
A vessel that is lost, stolen or not returned is charged at [replacement value], and [Company] may report it to the police.
8. Weather, cancellation and early return
If [Company] judges conditions unsafe before departure, the booking is cancelled and [refunded in full / moved to another date]. If conditions deteriorate during the rental, the operator agrees to return to the slip when asked, and no refund is made for time already used.
Cancellations by the renter more than [notice period] before the start are [refunded in full / less a fee of amount]. Later cancellations and no-shows are [not refunded / covered by cancellation protection where purchased at booking].
9. Release, waiver and indemnity
To the fullest extent allowed by the law of [state], each participant releases [Company], its owners, employees and agents from all claims for injury, death, loss or damage arising from the rental or the activity, including claims arising from the ordinary negligence of [Company], and agrees not to bring such a claim.
The renter agrees to indemnify [Company] against claims by third parties, and against costs and losses, arising from the renter's or any participant's use of the vessel or breach of this agreement.
If any part of this clause is found unenforceable, the rest of it continues to apply.
10. Medical consent and emergency contact
Each participant confirms that they are physically able to take part and have disclosed to [Company] any condition that could make the activity unsafe for them or others.
Each participant consents to emergency medical treatment if they are unable to consent at the time, at their own cost, and names an emergency contact below.
11. Participants under [age of majority]
A participant under [age] takes part only with the signature of a parent or legal guardian, who signs this agreement on the minor's behalf, accepts the risks in clause 2 for them, and agrees to the release in clause 9 to the extent the law of [state] allows.
12. Governing law and signatures
This agreement is governed by the law of [state], and the renter confirms they have read it, had the chance to ask questions, and are signing voluntarily. A copy signed electronically is as valid as one signed on paper.
[Signature block, repeated per participant: full name, date of birth, address, phone, email, emergency contact name and phone, licence or card number where clause 3 requires one, signature, date. For a minor: the minor's name and date of birth, then the guardian's details and signature.]
Template from Bodhisys, bodhisys.com/waivers/boat/. Not legal advice.