I'm thinking about trying to rent out a start board for beginners to practice on or for real sailors to take out friends on, etc. ($25 a day for the board only, $40 with 4.7 or 3.0 rig)
To get around the Liability issue, I was thinking about the following:
I would require a check for $500 for the purchase of the board, give them a receipt stating they own the board and are toatlly reponsible for it and that I am not, and that if they decide to not buy it, they can return it in good condition by a certian time and they would receive their check back but they would have to pay me a $25 RESTOCKING FEE. In effect they could use the board for $25 a day and I couldnt be sued for a board I dont own.
Any feedback would be appreciated, good idea? stupid idea? liabilty? price? interest?
Also, Gene's Consignment Shop NEEDS some inventory! I'm afraid I've sold all the used gear in the Atlanta area.
Gene
I'd still make them sign a release- because in court, your contract will be made out to be what it really is- a rental.
Might be worth going by an outdoor sports shop (kayak, climbing) and "borrowing" a waiver and double checking your home owner's liability coverage.
It would really be easier to set up a cc account and take a cc receipt awaiting return.
Rental would be good. I personally think you might be even on the cheap side. Also, figure out what your "damage" policy is going to be in case they use the fin for scraping off the moss on their driveway.
wf
From a purely legal standpoint, I see your liability issue being directly related to a bailsman contract. This is the relationship between two contractual persons for the use of an item. There must be consideration - which in your case will be either the $25 restock or the reciept for $500 and the contract may be verbal or written. The Statute of Frauds is most clear when dealing with a bailsman contract. Should, for example this person fall off the board especially during a forward loop or an over the handlebar deally, then your liability would be limited to the persons annual income generating ability for only a 10 year period, presuming death occured. If the person was to only injure him/her self, then the liability would be limited to that injury, and for pain and suffering and for loss of intimate relations if any should occur.
My BEST advice is to don't get too legal with the hole idea and if anyone needs a psydo-lawyer be sure and call me at 404-867-5309, please ask for Jenny, my legal secretary, for an appointment. I always put windsurfers at the top of my appointment list. I am sure you know why
Gene Please Call me immediately - before you get in trouble.
PeelSkid
I would charge more for the rental. Don't forget, you will probably need to be around before and after they sail so they can pick it up and return it (I mean "restock" it.)
I'm not a lawyer, but that's never stopped me before. The $500 charge seems like a pretty good idea. What if someone runs off with your board and never returns it? I would note that most places I've rented at do a have standard release. At one recently they made me sign a credit card slip for $500, saying if I broke he board (or got lost at sea I presume) then I owned it and so on.
One problem that might complicate your situation - you will not be there to supervise. Most rental places are at least on the water, so maybe they can claim to provide some supervision in use of the gear, which may tend to reduce thier liability. But, hey, I'm no Jerry Spence. Not even a peelskid.
My final advice - get a very big bottle of aspirin. This would be a very nice thing to do for newcomers, visitors or others that just want to try a wide board, hope you just don't drive yourself crazy doing it.