Buoy Disclosures

Application Disclaimers

Last Updated - 3/19/24

FRAUD WARNING 
ANY PERSON WHO KNOWINGLY, AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER, FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE. 

SAFE OPERATION OF INSURED VESSEL REPRESENTATION 
By signing below the applicant(s) represents that there will be no coverage for any applicant, skipper, captain, crew or their passenger(s) while under the influence of alcohol in excess of the legal amount defined by the laws of the state where this policy is delivered or any passenger who has consumed or is under the influence of marijuana in any amount, any illegal drug in any amount, or any prescription drug (Other than marijuana) in excess of the amount prescribed to the passenger by a licensed physician or where a warning exists which indicates that the substance could impair physical or cognitive ability. 

BINDING ARBITRATION DISCLOSURE & ACCEPTANCE 
This policy includes a binding arbitration agreement if a dispute between us and you, and/or between us and any and all persons making a claim of any kind under this policy of insurance cannot first be settled by mediation. The results of the arbitration are final and binding on the insured and the insurance company. In an arbitration, an arbitrator, who is an independent, neutral party, gives a decision after hearing the positions of the parties. If you accept this policy, you agree to resolve any dispute that cannot be resolved through mediation by binding arbitration instead of a trial in court including a trial by jury. Arbitration takes the place of resolving disputes by a judge and jury and the decision of the arbitrator cannot be reviewed in court by a judge and jury. I have read the above binding arbitration disclosure. 

APPLICANT’S ATTESTATION – FLORIDA BOATING SAFETY 
The renter applicant hereby attests that they have a valid Florida boating safety identification card issued by the commission, a temporary certificate, or another form of boating certification authorized pursuant to Florida Statute 327.395.

Renter(s) Instructions Disclaimers

I have been given adequate instruction on the following items:

  1. Maintaining safe speed, monitoring surroundings, driving defensively, and no aggressive maneuvers
  2. Maintaining a safe distance from other boats, objects, and people
  3. Only to enter the water with a lifejacket when the engine is off and key is removed
  4. Conducting a head count before starting the engine
  5. Always remain seated while the boat is in motion
  6. Absolutely no sitting on the bow, sides, or stern
  7. Importance of attaching the engine shut-off cord/lanyard
  8. Engine start and shut-off procedures
  9. Dangers of CO2
  10. Refueling procedures and engine blower use (if applicable)
  11. How to properly wear a lifejacket (including the size requirements for each one)
  12. Sound five blasts of the horn or whistle to signal danger or need for assistance
  13. Boats do not have brakes – stopping the engine will not stop the boat
  14. Proper boat anchoring procedures (if applicable)
  15. Navigation rules – local laws, regulations, hazards and navigational markers
  16. Towing sports safety, if allowed (i.e. water skiing, wake boarding, tubing)

Renter(s) and Rental Facilities Policy Disclaimers

  1. The policy contains a Coverage Limit which is the maximum we will pay for all coverage including defense costs
  2. There is no coverage if renters navigate during nighttime (Except Insured Vessels with a USCG certified Captain in command and control). 
  3. Coverage is not provided for personal watercraft (PWC) such as jet-skis, or similar vessels. 
  4. There is no coverage if the rental facility and/or renter exceed the U.S. Coast Guard Capacity Plate including maximum persons, the number of persons permitted under applicable law, maximum gross load, and maximum horsepower
  5. The policy includes a dispute resolution process with binding appraisal
  6. The insured unit will not be transported overland, outside of the continental United States
  7. There is no coverage for losses outside of the rental period
  8. There is no coverage for Bodily Injury or Property Damage from snorkeling and related activities including while getting on and off the boat
  9. There is no coverage for activities where a person or object are towed
  10. There is no coverage for Bodily Injury to family members, nor is there coverage for property of those family members. Family member means related by blood, marriage, domestic partner, or adoption (including child, ward, and foster child) who resides in your household
  11. There is no coverage for liability to paid captain or paid crew
  12. There is no coverage for vessels not listed on the policy
  13. There is no coverage for nighttime navigation
  14. There is no coverage if any person drives the boat without a valid driver’s license or doesn't meet the legal requirements to operate the vessel.
  15. There is no coverage for Bodily Injury to passengers occurring anywhere other than aboard the vessel
  16. There is no coverage for Bodily Injury or Physical Damage caused by the operation of the vessel by anyone other than the renter
  17. There is no coverage if passenger(s) are under the influence of alcohol in excess of the legal amount defined by the laws of the state where this policy was delivered.
  18. There is no coverage if passenger(s) have consumed or is under the influence of marijuana in any amount, any illegal drug in any amount, or any prescription drug (other than marijuana) in excess of the amount prescribed to the passenger by a licensed physician or where a warning exists which indicates that the substance could impair physical or cognitive ability.
  19. The insured vessel cannot be transported overland while on a trailer
  20. When rented used solely for pleasure use by the renter, not exceed USCG capacity, not be used at night until the vessel is in command and control of an appropriately licensed captain and crew;
  21. All vessels and renters meet the required permitting and licensing requirements
  22. Policy changes such as adding or removing a vessel from your Buoy policy will not process any changes to your boating registration with FWC (Florida) or any separate Markel policy that a livery may have 
  23. Covered vessel is confined while afloat in United States coastal and inland waters within 12 miles of shore
  24. Any person who knowingly, and with intent to injure, defraud, or deceive any insurer, files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third-degree
  25. I have read the application and any attachments. I declare that the information provided in them is true, complete, and correct to the best of my knowledge and belief. This information is being offered to the company as an inducement to issue the policy for which I am applying. I understand that a misrepresentation, omission, concealment of fact, or incorrect statement may prevent recovery under the policy.
  26. Federal Law (33 CFR 173.55) requires a boater to report an accident with property or vessel damage of $2000 to the state boating authority.
  27. Coverage is provided by Markel American Insurance Company (NAIC #28932, Glen Allen, VA) and underwritten by Markel Service, Incorporated, national producer license # 27585[, in California d/b/a Markel Insurance Services, license # 0645481]. Bolt Agency is a licensed insurance producer in all 50 states and the District of Columbia (CA license no. 0G93017; FL license no. L067337; NY license no. 1146433; TX license no. 1617771). Insurance and coverage are subject to availability and qualifications and may not be available in all states. Terms and conditions for rates and coverages varies. All insurance products are governed by the terms, conditions, limitations, and exclusions set forth in the applicable insurance policy. Please see a copy of your policy for the full terms, conditions, and exclusions. Any information on the site does not in any way alter, supplement, or amend the terms, conditions, limitations, or exclusions of the applicable insurance policy and is intended only as a brief summary of such insurance products. 
  28. Deductible: for each covered vessel, our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by $5,000.

Coverage is subject to all policy terms and conditions.

Rental Facility Instruction Disclaimer

As the owner/operator/manager of the rental company above, I acknowledge that our check-out and training process for all participants will include, but is not limited to the following items:

  1. The vessel must be operated at speeds that are safe for the location and conditions. No weaving through vessels that are underway, stopped, moored, or at anchor and avoid swimming areas. Scan the area constantly, operate defensively, and avoid aggressive maneuvers.
  2. To keep a safe distance away from people, objects, and other vessels. As speed increases, greater distance is needed.
  3. Individuals are never to enter the water unless the vessel motor is turned off, the keys are removed, the propeller has stopped spinning, and a lifejacket is worn.
  4. Before starting the motor, always do a headcount to make sure all passengers are onboard and visually inspect the area.
  5. While the vessel is in motion, passengers must remain seated and away from the front (bow), sides (gunwales), rear (stern/transom), and swim platform.
  6. The engine shut off cord (lanyard) must be attached to the operator’s wrist or PDF at all times.
  7. Proper procedures to start and stop the engine.
  8. Proper number and size of lifejackets are provided for all rentals. Each lifejacket must properly fit each individual passenger.
  9. Inform passengers of carbon monoxide (CO), which is a colorless and odorless gas created by the vessel’s motor and generator, and educate on CO awareness zone extending 30 feet around the vessel.
  10. If refueling is allowed, instruct on proper refueling procedures.
  11. If vessel is inboard or inboard/outboard, provide instruction on using engine compartment blower.
  12. To signal danger or need for assistance, sound five short blasts of the horn or whistle.
  13. Most vessels do not have brakes; stopping the engine will not stop the vessel. Stopping quickly will likely be difficult (or impossible) if the vessel is traveling too fast.
  14. If anchoring the vessel, do so in a location where others may easily see the vessel. Anchoring should always be done from the bow (front).
  15. Navigation rules:
  • When crossing the path of another vessel, always yield to the vessel on your right (starboard).
  • It is the responsibility of the participant/operator to slow down, steer away, or stop to avoid any and all possible collisions.
  • If meeting another vessel head on, operator should steer to the right.
  • When overtaking another vessel, it should be done to the left (port side).
  • If renting a powerboat, they must give way/yield to all sailboats.

16. If tubing, skiing, wakeboarding, or knee boarding are allowed, all participants will be instructed on the following rules:

  • People being towed should be kept at a safe distance from the vessel.
  • A spotter must be used while towing people behind the vessel.
  • Tow lines should be outside the vessel and clear of the prop so that when towing begins, the tow line cannot catch any participant in the vessel. When tow activities have ceased, tow lines are to be properly stowed aboard the vessel before starting the engine.

The rental facility will:

  1. require the renter and all participants to sign all rental forms, including: rental agreement, rental release, and participant check out form. There are to be no additional participants, passengers, or riders on the vessel after check-out.
  2. not rent or allow operation of the vessel by anyone who is under the influence of alcohol in excess of the legal amount defined by the laws of the state where this policy was delivered.
  3. notify renters there is no coverage if passenger(s) have consumed or is under the influence of marijuana in any amount, any illegal drug in any amount, or any prescription drug (other than marijuana) in excess of the amount prescribed to the passenger by a licensed physician or where a warning exists which indicates that the substance could impair physical or cognitive ability.  
  4. Not allow renters to navigate during nighttime (Except Insured Vessels with a USCG certified Captain in command and control). 
  5. provide participants with information regarding local waters, navigational markers, and warnings about any areas that should be avoided or could be hazardous.
  6. provide contact information for on-the-water assistance.

This document does not in any way amend or modify any legal requirements you have as the rental facility or livery, and it is your burden to comply with all legal requirements. By providing this information, no legal liability or extra-contractual coverage is created or accepted beyond the limits of coverage afforded by your policy. On behalf of the rental company, the signatory below acknowledges the rental company will use a company-accepted checkout form for all rentals.