Terms and Conditions
Last updated: (06/06/23)These General Terms and Conditions are applicable in connection with each Member’s membership Agreement with employees, agents, owner, officers, contractors, affiliates hereinafter Boat Simple for the Member’s use of Watercraft (as defined in the membership Agreement).
- In addition to completing a certified Florida Safe Boating course, all Members shall be required to complete a watercraft orientation course with Boat Simple. Upon completion, Member shall sign a boater safety and training course acknowledgement form. If Member holds any boater course certificates and/or licenses, Member shall be required to provide a copy of each to Boat Simple.
- Member is required to obtain a boaters safety education identification card. Members who signed up before this requirement will be given a grace period but must complete this requirement for continued membership.
- Member is responsible to supply themselves and their guests with Coast Guard-approved type III personal flotation devices for use on Jet Skis. Members and their guests are encouraged to wear wetsuits and/or other proper clothing to ensure their safety.
- Member shall be entitled to use Watercraft on an as-available basis. Reservations may be made by using Boat-Simple.com, Boat Simple’s mobile application or calling Boat Simple by telephone.
- Members shall be permitted to have five (5) reservations outstanding at any time, inclusive of waitlist requests. Each reservation shall be for a morning or afternoon time slot. The available time slots may vary based on Watercraft availability, geographic location and time of year. A reservation shall only be deemed to be completed after expiration of such reservation’s time slot. For sake of clarity, if a Member has five (5) reservations outstanding, Member shall only be permitted to make another reservation after expiration of one (1) of Member’s reservations.
- Unless Member is enrolled in a plan allowing for the simultaneous use of multiple Watercraft, no Member is permitted to reserve or use more than one (1) Watercraft per reservation time slot.
- Member shall timely respond to reservation reminders including, but not limited to, confirming estimated time of arrival for departure from the dock, signing out of Watercraft, confirmation of return to the dock and closing out a reservation, in each case, by utilizing Boat Simple’s proprietary reservation management systems.
- Member must remain opted into communication from Boat Simple’s via SMS and Email messages to ensure proper delivery of important messages regarding their account and any reservations that they may have.
- Member shall be permitted to cancel the reservation prior to a reservation’s time slot start time. If Member cancels anytime after the reservation’s time slot start time, Member acknowledges that the Member’s form of payment on file will be charged a $25 same day cancellation fee.
- Member will be charged a no call no show fee of $100 for not showing up to a confirmed reservation. Boat Simple will allow a 60 minute grace period over the ETA time before automatically charging and releasing the vessel to the waitlist.
- In order to utilize or make a reservation, Member’s account with Boat Simple must be current, and Member must be in compliance with its membership agreement (e.g. not in default).
- Late Boat Return (Returning after reservation slot end time)– Members will receive a five minute grace period for returning past their reservation window. Members who are between 5-25 minutes late will be automatically charged a $25 fee. After 25 minutes, members will automatically be charged a $125 fee plus $1/Minute. I.e. If the reservation slot end time for PM is 7:00PM and a member arrives back at the dock at 8:00PM, the member would be charged a total of $25 + $100 + $60 = $185.00 Total Late Fee assessed to their account. Members who are habitually late will result in an executive review of their account and potential termination of their account and contract due in full.
- Members are required to inspect and examine the Watercraft prior to launch. Prior to boarding the Watercraft, he/she fully accepts the good order and condition of the Watercraft. Member shall report any damage to Boat Simple’s staff prior to utilizing the Watercraft.
- If a Member does not pay their account within 5 days of the due date, the Member will be charged a $35 late fee and the Member will be in default under its Membership agreement. Thereafter, Member shall incur late fees of $5 per day until all amounts then due and outstanding are paid in full.
- There shall be a charge of $25.00 for any payments declined or checks returned for insufficient funds.
- The Member’s membership agreement shall not be assigned or otherwise transferred by Member. Boat Simple may assign its rights in the membership Agreement.
- Members are responsible for their guests while onboard Watercraft. A Member’s guest is not permitted to operate a Personal Watercraft without completing and acknowledging Boat Simple training and receiving prior written approval from Boat Simple. Guests are prohibited from driving boats at any time. A Member must always be present (e.g., on the Watercraft) while Watercraft is in use.
- Based on availability, Boat Simple reserves the right to provide different types, makes, models, and manufactures of Watercraft.
- Boat Simple shall provide Watercraft with sufficient fuel (LESS THAN A FULL TANK OF GAS) for typical use during a Members reservation time slot. If a Member intends to travel a long distance (e.g., use the Watercraft to troll fish), Member must inform Boat Simple in advance that a full tank of gas is required. Boat Simple is not responsible if the Member runs out of gas. After Member returns the Watercraft, Member’s form of payment on file with Boat Simple will be charged for fuel consumed during operation.
- Member agrees to abide by these General Terms and Conditions, as be modified from time to time at Boat Simpler role discretion. Any changes to these General Terms and Conditions shall become effective upon notification to Member of such modifications (via any communication channel including, but not limited to Boat Simple’s mobile application, last known email address or SMS message). Boat Simple reserves the right to adjust the monthly membership fee paid by Member during any renewal term.
- Member’s rights are for the use of Boat Simple Watercraft only and nothing contained in the membership agreement is intended or shall be construed as creating any rights of ownership, legal or equitable in any of the Watercraft or in Boat Simple.
- If any provision of the membership agreement shall be invalid, the remaining provisions thereof shall be valid, enforceable and binding upon the parties hereto and their heirs, legal representatives, successors and permitted assigns. This agreement contains the entire understanding or writings, which are merged herein, unless expressly described herein.
- Watercraft use is for Members and their guests only. No commercial use is authorized. Members shall not charge a fee to anyone in connection with use of the Watercraft.
- Members must be twenty-one (21) years old to be a Member (including Household Members).
- A Household Member must domicile at the same address as the primary member. Only one (1) Household Member is allowed per membership account. Prior to adding a Household Member or an additional immediate family member to a membership account, Member must provide proof of shared residence to be determined in the sole discretion of Boat Simple and continued confirmation of the same can be requested by Boat Simple at any time. Onboarding of a Household Member may result in a one-time onboarding fee of $150.
- An Additional Co-member (1) can be added to a Member’s account for an additional fee provided the Additional Co-member is over the age of twenty-one (21) years old. Member and Additional Co-member will share Member’s allocated reservations, inclusive of waitlist requests. The additional Add a Co-member will require an addendum to the membership Agreement.
- Household Members, other approved-immediate family members and Additional Co-member are required to comply with applicable law, complete Boat Simple training and certification requirements and abide by all other terms of the membership Agreement.
- Member is legally responsible for the actions and financial responsibilities of any Household Member, other immediate family member, or Co-Member associated with Member’s account.
- As of the effective date of these terms and conditions, only one additional household Member and one additional out-of-household Member can be on an account with a primary Member at a time. Additional Member can only be modified up to one time a year and will incur a $250 processing fee.
- Membership Pauses: Member may pause their account one time per term at the sole discretion of Boat Simple management for up to two months with a $25 monthly pause fee. For any Paused months they will be added to the end of the current contract term via an addendum Documentation will be required for approved pauses and must be submitted to Boat Simple at least ten business days before monthly invoice date. (e.g.: Hardship, Medical, Military)
- Member cancellation: Member may cancel contract early by paying applicable fees as stated in the membership agreement. Member may also elect to not renew their contract by providing Boat Simple 60 day written notice. Member will incur a $250 cancellation fee if requests is submitted after the 60 day notice period and before renewal takes place. Any cancellation within 30 days for renewal will subject Member to loss of security deposit and late cancellation fee of final months membership dues.
- In the event that a Member elects to cancel due to residence relocation, member shall provide Boat Simple 30 days advance written notice and valid proof of residence change i.e. lease or purchase agreement for new residence, at least 50 miles from the closest Boat Simple location.
- Members is entitled to cancel the Agreement if a boat is purchased through Boat Simple. Cancellation will only be processed once the sale has been completed.
- Member shall ensure that any operators of Watercraft, comply with all applicable governmental laws, ordinances, orders and regulations in force or which may thereafter be in force insofar as they pertain to use and utilization of Watercraft. Member shall ensure that the operators of Watercraft must also comply with all requirements of any insurance companies providing insurance for Boat Simple, and the rules and regulations of any marina or other docking facility in which Boat Simple Watercraft is located. the future.
- Member shall maintain the Watercraft in safe and seaworthy condition while in member’s possession.
- Member shall not operate or permit the operation of the Watercraft outside the designated Operational Area. The “Operational Area” shall be defined based on the geographic location and the applicable guidelines in order to safely operate in marked navigable waterways. Specific Watercraft departure locations may have their own guidelines and Member acknowledges acceptance of training relative to each location prior to use. If waves are over two and a half (2.5) feet, Members shall not be permitted to enter associated bodies of water (as conditions are constantly evolving, members must evaluate conditions themselves even if a text message reminder/statement about ocean access being closed has not been issued). Member shall be solely liable for all costs incurred outside of the approved Operational Area, including, but not limited to, for all mechanical repairs, towing costs, transportation costs and all other costs resulting from Member’s usage of the Watercraft.
- Seatow: All members of Boat Simple will be required to hold a Boat Simple provided Seatow membership. This membership is included in any of our Ride Protection programs or is required at a separate monthly cost. Members are not allowed to carry their own separate SeaTow or other “like” company policy in place of this mandatory membership.
- Member shall not operate the Watercraft in excess of the established speed limit and shall comply with all laws of the applicable City, County, State, U.S. Coast Guard, or any other jurisdictional authority. Members shall at all times comply with all marine rules and customary practices, safety requirements, and all other applicable laws governing operation of a Watercraft.
- Members shall not exceed published persons and weight capacities at any time.
- Members must limit the activities while onboard the Watercraft to cruising, water skiing, wake boarding and inner tubing, or swimming (but only while anchored with engine off). While accessing the swim platform or at any time individuals are in the water, the engine must be turned off. Scuba diving is expressly prohibited. Any other activity not listed above must receive written authorization by Boat Simple management prior to launch. Boat Simple dock staff do not have the authority to permit Members to embark on any activities not specifically authorized herein. Members are permitted to fish off boats, but not off of jet skis or other Watercraft. Safely towing an inner tube or wake board is only permitted if, among other safety precautions, such activity takes place in a permitted area away from other Watercraft and a spotter is used at all times at a safe operating speed.
- Members shall not tow the Watercraft with a vehicle or permit the Watercraft to be out of the water for any purpose, other than if necessary to properly dock the Watercraft.
- It is unlawful for a Member or any other Watercraft operator to consume alcohol prior to or while operating any Watercraft, and it is therefore strictly prohibited. The Member shall not operate Boat Simple Watercraft under the influence of drugs or alcohol, whether medically prescribed or not.
- Members hereby acknowledges that they have been given an opportunity to inspect and examine various Watercraft prior to signing this Agreement and they will additionally inspect and examine any Watercraft prior to each launch and accepts the condition of the Watercraft upon each launch as confirming the Watercraft and equipment are in a safe and proper running condition. Members further acknowledges that they shall return the Watercraft and equipment in the same condition as received. If Member finds unmarked damage, Member must notify Boat Simple prior to departure to ensure Member is not held responsible for such damage. If the Watercraft is not returned in the same condition, Member shall be responsible for any and all costs associated with returning the Watercraft to the same condition, including reasonably determined lost revenue while repairs are being completed.
- Boat Simple reserves the right to substitute, alter or cancel Watercraft reserved or scheduled by Member as may be deemed necessary and without penalty for service, maintenance or other reasons in Boat Simple’s sole discretion.
- Boat Simple reserves the right to cancel reservations due to inclement weather or governmental restrictions. During operation of any Watercraft, if inclement weather occurs, immediately return to the nearest Boat Simple dock or a dock/shelter near you until the inclement weather passes.
- All Boat Simple Watercraft shall be returned to the dock prior to the end of their reservation. Failure to comply with this provision may result in some or all of the following: (a) late fees; (b) default of Member account; (c) suspension or termination of membership.
- Pets are not permitted on jet skis, however, pets are permitted on boats. Any damage to Watercraft caused by a pet will be the sole responsibility of the Member.
- Members acknowledges they have been instructed as to the proper and safe operation of the Watercraft by Boat Simple. Member acknowledges responsibility for the safe and proper behavior of all occupants, sub-users and Co-members and for the safety and welfare of other boaters and persons on the waterways.
- Boat Simple shall carry property insurance policy for all Watercraft in use from a rated insurance company providing coverage subject to deductibles and limitations. Upon signing the membership Agreement, the Member accepts the limitations of the insurance policy and acknowledges the financial risks of membership. Member shall be responsible for an insurance deductible up to $3500 for any loss or damage to Watercraft and accessory equipment, from the time Member takes the Watercraft, until Member returns the Watercraft to Boat Simple. Damage to Watercraft which results in a repair cost in excess of $500.00 will result in the suspension of Member’s right to use Watercraft until the Member completes an additional training course and water training required by Boat Simple.
- Member has the ability, at Member’s own cost, to seek insurance coverage from Member’s own insurance provider to cover any costs resulting from damages caused as a result of Member’s usage of Watercraft.
- Ride Protection: Members have the option of purchasing an insurance deductible buy down with their account. Each package contains specific features, reimbursements and deductible pricing outlined in each package, all subject to pricing, exclusions, or feature changes with written 30-day notice.
- Major Damage: Major damages include damage to the vessel hull and engines. Propellers, biminis, radio units, & Simrad/Depth Finding units damages are considered equipment and therefore are excluded from major damage deductible discount.
- Lost Damaged Equipment Exclusions: Radio Units, Simrad/Depth Finding Units, Bimini Tops.
- Damages caused maliciously is excluded from any coverage by Ride Protection program, member will be fully responsible for any and all costs and damages.
- Boat Simple + (Plus) Vessels (Over $100,000.00 in value) are excluded from deductible discounts, remaining at the $3,500 deductible.
- Ride Protection plans carry a minimum term of one year of coverage (Or until your contract term is over, whichever is first.). Payment can either be made in one annual payment or 12 monthly installments. If a monthly payment is chosen for any given Ride Protection plan, the balance of upfront year must be paid prior to receiving reduced plan deductible.
- Ride Protection coverage will auto renew at after the 12th month unless Boat Simple receives written notice to cancel within 30 days of term date.
- Boat Simple is not responsible for loss of running time due to weather, late arrivals, damage to the Watercraft, illness, accidents or mechanical failure. Member shall not use the Watercraft in a careless or negligent manner, in an unlawful manner or for an unlawful purpose, or allow any person under the influence of alcohol, drugs or a controlled substance to operate the Watercraft. Furthermore, Member shall at all times exercise caution for safety of the occupants in the Watercraft and shall abide by all applicable federal, state, and local laws and regulations relating to the use of the Watercraft.
- ACKNOWLEDGEMENT OF RISKS. MEMBER ACKNOWLEDGES THAT SOME, BUT NOT ALL OF THE RISKS OF PARTICIPATING IN WATER SPORT ACTIVITIES INCLUDE: 1) CHANGING WATER FLOW, CURRENTS, WAVE ACTION AND SHIPS WAKES; 2) COLLISIONS WITH OTHER OBJECTS, INCLUDING, BUT NOT LIMITED TO, OTHER PARTICIPANTS, OTHER WATERCRAFT, AND OTHER MANMADE OR NATURAL OBJECTS IN OR AROUND THE WATER; 3) COLLISION, CAPSIZING, SINKING OR OTHER HAZARDS WHICH RESULT IN WETNESS, INJURY, EXPOSURE TO THE ELEMENTS, HYPOTHERMIA, DROWNING AND/OR DEATH; 4) ATTACK BY AN ENCOUNTER WITH INSECTS, FISH, ETC.; 5) BOAT CLUB VESSEL MALFUNCTION OR EQUIPMENT FAILURE OR OPERATOR ERROR; 6) DANGERS CREATED BY THE BOAT CLUB MEMBER’S OR OCCUPANTS’ SENSE OF BALANCE, PHYSICAL COORDINATION, ABILITY TO OPERATE EQUIPMENT, SWIMMING AND/OR FAILURE TO FOLLOW APPLICABLE RULES OR DIRECTIONS; 7) WIND, INCLEMENT WEATHER, LIGHTNING, VARIANCE AND EXTREMES OF WIND, WEATHER, AND TEMPERATURE; 8) HEAT OR SUN RELATED INJURIES OR ILLNESSES, INCLUDING SUNBURN, SUNSTROKE, OR DEHYDRATION. FURTHER, MEMBER UNDERSTANDS THAT THE DESCRIPTION OF THESE RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS OR DEATH.
- EXPRESS ASSUMPTION OF RISKS. MEMBER HEREBY AGREES THAT THEY ARE OPERATING OR USING THE WATERCRAFT AND RELATED EQUIPMENT PROVIDED BY Boat Simple AT THEIR OWN RISK. THE UNDERSIGNED AGREES THAT THEY ARE VOLUNTARILY PARTICIPATING IN ALL ACTIVITIES RELATED TO OPERATION, OR USE OF THE WATERCRAFT AND EQUIPMENT. MEMBER IS FULLY AWARE OF AND ASSUMES THE DANGERS ASSOCIATED WITH THE USE AND OPERATION OF THE WATERCRAFT AND EQUIPMENT INCLUDING BUT NOT LIMITED TO: SPRAINS, TORN MUSCLES AND/OR LIGAMENTS; FRACTURED OR BROKEN BONES; EYE DAMAGE; CUT AND WOUNDS; SCRAPES; ABRASIONS, AND/OR CONTUSIONS; HEAD, NECK, AND/OR SPINAL INJURIES; ANIMAL OR INSECT BITE OR ATTACK, SHOCK, PARALYSIS, DROWNING, AND/OR DEATH; AND ANY RESULTANT EXPENSES FROM ANY OF THE FOREGOING RISKS AND ASSUMES ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS THAT MIGHT RESULT REGARDLESS OF THE CAUSE, TO INCLUDE THE NELIGENCE AND OR FAULT OF Boat Simple.
- WAIVER/RELEASE OF LIABILITY. BY THE EXECUTION OF THIS AGREEMENT, MEMBER VOLUNTARILY RELEASES, FOREVER DISCHARGES AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS Boat Simple FROM ANY AND ALL LIABILITY OF ANY NATURE ARISING FROM ANY AND ALL ACTIVITIES RELATED TO THE OPERATION, OR USE OF THE WATERCRAFT AND EQUIPMENT PROVIDED BY Boat Simple, ON BEHALF OF MEMBER, THEIR FAMILY, GUESTS, VISITORS OR AGENTS, REGARDLESS OF THE CAUSE. THE UNDERSIGNED ASSUMES FULL RESPONSIBILITY FOR ANY SUCH INJURIES, OR DAMAGES WHICH MAY OCCUR, AND FURTHER AGREES THAT Boat Simple SHALL NOT BE LIABLE FOR ANY LOSS OR THEFT OF PERSONAL PROPERTY. THE UNDERSIGNED SPECIFICALLY AGREES THAT Boat Simple SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Boat Simple. FURTHERMORE, MEMBER ACKNOWLEDGES THAT THEY HAVE READ THIS WAIVER/RELEASE OF LIABILITY AND FULLY UNDERSTANDS THAT IT IS A FULL RELEASE OF ANY LIABILITY INCLUDING THE NEGLIGENCE OR FAULT OF Boat Simple. MEMBER IS WAIVING ANY RIGHT THAT HE OR SHE MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST JET RIDE, OR THEIR EMPLOYEES, AGENTS, MEMBERS AND CONTRACTORS FOR THEIR NEGLIGENCE.
- Any citation or ticket received by Member from marine patrol or any other law enforcement agency, including, but not limited to, tickets for reckless driving, DUIs, speeding, or any other violation, is a breach of this membership agreement and may result, at the sole discretion of Boat Simple, in suspension or termination of Member’s membership, in Boat Simple’s sole discretion.
- Any disorderly or indecorous conduct by Member, or their family, guests, visitors or Co-member which, as determined by and in the sole discretion of Boat Simple, may result in injury to any person, cause damage to the property of Boat Simple, it’s customers, employees or other Members, or, through the actions of the aforementioned parties, harm the reputation of Boat Simple shall be cause for immediate cancellation of the membership Agreement. Terminated members will be required to pay the balance of their membership Agreement within 30 days, if applicable.
- Member shall pay Boat Simple all of Boat Simple’s costs and expenses, including without limitation, reasonable attorney’s fees incurred in collecting amounts due from Member or in enforcing any rights of Boat Simple arising under the membership agreement.
- Boat Simple reserves the right to deny usage of a Watercraft to a Member if Boat Simple determines, in its sole discretion, that the Member is not able to safely operate the Watercraft.
- Boat Simple reserves the right, in its sole discretion, to charge a cleaning fee if the Watercraft is returned in an excessively dirty condition, beyond normal usage of the Watercraft.
- Boat Simple reserves the right, in its sole discretion, to terminate Member’s membership for violation(s) of any of the terms of the Boat Simple membership Agreement.
- In the event of a default under/breach of this membership Agreement, Boat Simple is entitled to require Member to immediately pay the remaining balance of the then current term of the membership agreement.