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PREMIER WAVES & WHEELS LLC RENTAL AGREEMENT

15514 Mark Lane, Naples, FL 34119

RENTAL RULES. The Lessee agrees to adhere to the following rental rules:

a.) Anyone born on or after January 1, 1988, needs to pass a boater safety course and have a card of proof of that course.

b.) Must be at least 18 years of age to rent a personal watercraft. Must be at least 16 years of age to operate a personal watercraft (PWC).

c.) No one can operate a PWC under the influence of drugs or alcohol.

d.) All operators must have a picture ID on the PWC at all times and must obey all the waterway laws.

e.) Reckless riding is not permitted, and we will terminate the rental time with no refund.

f.) No PWC is allowed to tow any device behind.

g.) Each PWC can carry up to 3 persons or the combined weight of 500 pounds.

h.) The Gulf of Mexico is completely off limits for all PWCs. Only ride in instructed mapped areas. All PWCs are being monitored and tracked via GPS. Riding off mapped areas will result in immediate termination of the rental without refund and complete loss of deposit.

PWC Renter Orientation Checklist

Section A. Protective Clothing/Equipment for Operators and Passengers

Wear PFD and Other Protective Clothing/Equipment 

A1. You must wear an appropriate personal flotation device (PFD) at all times.

A2. Wear a wet-suit (or wet suit bottom) while operating the PWC. Normal swimwear does not  adequately protect against forceful water entry into the lower body opening(s) of both male and females. Severe internal injuries can occur if water is forced into body cavities as a result of falling into water or being near jet thrust nozzle.

A3. Additional protective equipment (such as footwear, eyewear) may be needed


Section B. PWC Controls

Keep Lanyard Attached

B.1 Securely attach engine shut-off cord (lanyard) to your wrist or PFD (as directed) and wear it at all times. Then if you fall off the PWC, the engine will stop.


Know How to Start and Stop the Engine

B.2 To start the engine, be sure that the lanyard is attached and push the start button.

B.3 To stop the engine, push the stop button. Stopping the engine will not stop the forward motion of the PWC and will result in loss of steering


Know Operational Controls

B.5 The throttle controls your speed. Apply the throttle lever on the handle to accelerate and release it to slow down.

B.6 The handlebars move the jet thrust nozzle directing thrust in different directions to steer the PWC. Without thrust you cannot steer the PWC.


Section C. Avoid Collisions — Most PWC Injuries and Deaths Result from Collisions

Do Not Release Throttle when trying to Steer

C1.You need throttle to steer. 

                 Take Early Action to Avoid Collisions

C2.Remember, PWC’s and other boats do not have brakes.



                 Scan Constantly

C3. Scan constantly for people, objects and other boats (including PWCs).

C4. Be alert for conditions that limit your visibility or block your vision of others.


                Operate Defensively

C5. Operate at safe speeds.

C6. Keep a safe distance away from people, objects and other boats (including PWCs)

C7. Do not follow directly behind PWCs or other boats.

C8. Do not go near others to spray or splash them with water.

C9. Avoid sharp turns and other maneuvers that make it difficult for others to avoid colliding with you or that make it difficult for others to understand where you are going.


Section D. Other Hazards

Avoid Aggressive Maneuvers

D1.   This is a high-performance boat-it is not a toy.

D2. Ride within your limits and avoid aggressive maneuvers to reduce the risk of loss of control, ejection, and collision.

D3. Sharp turns or jumping wakes or waves can increase the risk of back/spinal injury (paralysis), facial injuries, and broken legs, ankles or other bones.

D4. Do not jump wakes or waves.


Do Not Apply Throttle when Anyone is at the Rear of the PWC

D5 .Items such as long hair, loose clothing, or PFD straps can become entangled in moving parts resulting in severe injury or drowning



Do Not Apply Throttle when Anyone is at the Rear of the PWC

D6.Do not apply the throttle when anyone is standing or swimming toward the rear of the PWC. Water and/or debris exiting jet thrust nozzle can cause serious injury.


Know How to Right the PWC in Open Water

D7. If you capsize in open water, swim to the rear of the PWC and turn it upright — be sure to turn it in the proper direction. Then board it from the rear.



Section E. Other Rules and Safety Information that May Apply to Your Situation

Follow Rental Agency Rules and Boating Laws

E1. Review all rental agency rules and applicable boating laws.

E2. Do not overload PWC. Do not tow unless the PWC is designed and equipped for towing. Know and follow all State requirements related to towing.



Know the Waters

E3. Know the area in which you will be operating and observe all navigational markers and signs.


 Follow the Additional PWC Warnings and Instructions that May Apply

E4. Depending on the circumstances, the Owner’s Manual and product labels may have relevant information not covered in this basic orientation


Section F. Final Check

F1. Do you understand that you should scan constantly, operate defensively and avoid aggressive maneuvers? 

F2. Do you understand that PWCs do not have brakes?

F3. Do you understand that you should not release the throttle when you are trying to steer away from people, objects, or other boats (including PWCs)?

F4. Do you have any questions about the PWC or its operation?


I have been instructed on and understand the rules and information provided in this orientation.


Florida Fish and Wildlife Conservation Commission

              Livery Pre-Rental & Pre-Ride Instruction

                           Checklist & Attestation

  • Operator Responsibility: Operator is responsible for the safe and proper operation of the vessel; Avoid careless, reckless and negligent operation of vessels; Effects of alcohol, controlled substances and stressors



  • Navigation Rules: Maintain a proper lookout; Keep a safe distance from other vessels and objects; Operate at a safe speed for the conditions; location and environment; Operate in a defensive manner; Requirements to give way to other vessels and vessel right of way.


Aids to navigation; buoys and other waterways markers 


  • Special Waterway Hazards: Operate at slow speed minimum wake when within 300 feet or emergency vessels with activated emergency lights or within 300 feet of construction vessels displaying an orange flag



  • Awareness of changes to weather or water conditions and proper responses to those changes



  • Requirements for operating a vessel while a person is waterskiing or participating in similar activities identified in s. 327.37, F.S., if applicable.



  • Propulsion, steering and stopping characteristics of vessels: Discuss in general and as to the specific vessel being leased or rented



  • Location and content of manufacturer warning labels



  • Location of and proper use of safety equipment



  • Boarding, falling off, capsizing, taking on water, re-boarding and emergency procedures for dealing with these situations



  • The dangers of wake or surf jumping and other reckless operations.



  • Boating safety identification cards, age and engine requirements



  • Photographic identification



  • Boating Accidents: Causes and prevention of accidents; Legal requirements: remain on-scene, render assistance, report incident to authorities 



  • Florida divers-down warning device requirements



  • Noise, nuisances and other environmental concerns 



  • Manatee awareness (if applicable to location) 



  • Ecosystem awareness based on local issues 



  • Specific operational characteristics of the vessel being leased or rented 


 

  • Local characterics of the waterway where the leased or rented vessel is intended to be operated, to include: Navigational hazards: boating restricted areas: water depths

 


              

PERSON WATERCRAFT

Specific personal watercraft (PWC) safety requirements:Required to wear PFD; Required use of kill switch lanyard; Location of sound producing device and fire extinguisher; Minimum age to legally operate; Lawful hours of operation


OFF-SITE or EXTENDED PERIOD OF USE 

Instruction on care and maintenance of the leased or rented vessel: Fueling and ventilation; Trailering and transporting; Float plans; how and when to complete a float plan; Specific local hazards, e.g.: bodies of water, weather, dams, cold water, commercial vessel traffic


PREMIER WAVES AND WHEELS LLC HAS Conducted an on-the-water demonstration and check ride to verify the prospective operator’s ability to safely operate the vessel to be leased or rented


I hereby acknowledge I have provided the required pre-rental and pre-ride instruction as specifically acknowledged above

I hereby acknowledge I have received the required pre-rental and pre-ride instruction as specifically acknowledged above, and I understand the rules and information provided in this orientation.


WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT

THE UNDERSIGNED hereby acknowledges his/her understanding that there are inherent physical risks associated with the rental, use and operation of a jet ski or other motorized watercraft vehicle which may include unanticipated risks that could result in: physical or emotional injury, paralysis, death, damage to property or damage to third parties. The undersigned understands that such risks cannot be entirely eliminated without jeopardizing the essential qualities of the activity. The undersigned knowingly and voluntarily accepts all associated risks and declares myself and/or my child to be physically sound and not suffering from any condition, impairment, disease, infirmity, illness or physical limitation that would prevent my or my child’s participation in the use and operation of a jet ski or motorized watercraft vehicle offered for short-term rental by PREMIER WAVES & WHEELS LLC, a Florida limited liability company (hereinafter “PWW”). I understand and declare that PWW has taken and will take every precaution to minimize such risk of injury to maximize the safety of all participants, however some inherent risks understandably remain which cannot be controlled by PWW or its owners, employees or agents which I knowingly and voluntarily agree to assume.

IN CONSIDERATION OF THE ABOVE, the undersigned hereby assumes all risk and agrees as follows:

THE UNDERSIGNED has read this Waiver, Release of Liability, Assumption of Risk and Indemnification Agreement (the “Agreement”) carefully before deciding to participate in any jet ski or motorized watercraft vehicle related activity. By signing this Agreement, the undersigned is expressly agreeing to release, indemnify and hold-harmless PWW and all of its employees, managers, members, owners, vendors, assigns (or anyone else related in any way to PWW) from any and all claims, including active or passive negligence, arising out of any act, omission or condition existing prior to the signing of this Agreement, and extending to include any act, omission, or condition in any way connected with my or my child’s participation in (including transit to and from) the use or operation of any jet ski or motorized watercraft vehicle water sports activity.

THE UNDERSIGNED acknowledges that the following are some examples of the potential risks of the use and operation of a jet ski or other motorized watercraft vehicle: slips and falls; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; collision with fixed or movable objects, vehicles, or other watercraft; boat capsize and entrapment; accidental drowning; water craft are slippery when wet and accidents can occur getting in or out; the forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; musculoskeletal injuries including head, neck, and back injuries; wrist, arm, or shoulder injuries; equipment failure and/or operator error; the negligence of other visitors, participants, or other persons who may be present; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity; transmissible pathogen or disease; Traveling to and from activity locations raises the possibility of any manner of transportation accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered. The undersigned acknowledges that this list is meant to give examples of some of the potential risks associated with the activities herein and is by no means a complete, exclusive or exhaustive list of all potential risks or hazards of engaging in the short-term rental of a jet ski or other motorized watercraft vehicle.  

THE UNDERSIGNED expressly agrees and promises to at all times wear a U.S. Coast Guard approved personal flotation device (life jacket) when on or around a jet ski or other motorized watercraft vehicle. The undersigned expressly agrees and acknowledges that PWW shall not be liable for any injuries or damages that may occur, under any circumstances, as a result of the failure on anyone associated with the undersigned or their party to fail at all times to wear an approved personal flotation device while on or around a jet ski or other motorized watercraft vehicle.  

THE UNDERSIGNED has also been advised and warned by PWW that he/she should always wear a properly fitted wetsuit bottom (or clothing that provides equivalent protection) while riding or being around a jet ski or motorized watercraft vehicle in order to protect against injuries and/or death caused by water from the jet thrust nozzle being forced into the rectum or vagina. I understand that by not wearing a properly fitted wetsuit bottom, or clothing that provides equivalent protection, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries. I expressly acknowledge that PWW has directly advised me of this critical safety precaution and I agree to release PWW from liability for any and all injuries I or my child may sustain as a result of failing to wear a wetsuit or other properly fitted clothing bottoms while using or operating a jet ski or other motorized watercraft vehicle.  

THE UNDERSIGNED expressly assumes all risks and takes full responsibility for any injuries, damages, or losses which I or my child may incur or sustain as a result of participation in any jet ski or motorized watercraft vehicle rental activity offered by PWW, and I, the undersigned, for myself (and/or on behalf of my child), my heirs, my administrators, and my executors, do hereby fully forever release and discharge PWW, and its owners, employees or agents from any and all claims, demands, damages, rights or actions or causes of action (present or future), whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of my or my child’s participation in the use or operation of any jet ski or motorized watercraft vehicle or other activities offered by PWW. I, the undersigned, do hereby authorize PWW or its designated employees or agents to obtain medical treatment for myself or my child in an emergency situation if needed or necessary. I understand that I am responsible for any medical expense and the absence of my own health insurance does not make PWW responsible in any way for payment of my or my child’s medical expenses. PWW will make no evaluation or recommendation whether rental participants are sufficiently medically fit for the use or operation of a jet ski or other motorized watercraft vehicle related activities.  

THE UNDERSIGNED hereby releases, waives, indemnifies discharges and covenants not to sue PWW, and its owners, officers, agents and employees, concerning any and all liability they may be determined to have, whether caused by their negligence or otherwise, concerning any injuries or damages I or my child may suffer or sustain from my/our unilateral decision to participate in the use or operation of a jet ski or other motorized watercraft vehicle offered for short-term rental by PWW, including, but not limited to, physical or mental injuries, death, financial loss, medical expenses and property damages. This release and waiver shall apply to my (or my child’s) heirs, personal representatives, next of kin, assignees and any other person or entity acting on my behalf or acting through subrogation. I am relying upon my own judgment in assuming all risk of injury and damages and agree to indemnify and hold harmless PWW and its owners, officers, agents and employees, from all loss incurred, including expenses incurred in any attempt to hold them responsible for any injuries or damages I or my child may suffer or sustain by participating in the short-term rental of a jet ski or other motorized watercraft vehicle related activities. By agreeing to indemnify PWW for the acts, occurrences, and expenses as contained within this Agreement, the undersigned is knowingly and voluntarily agreeing that he/she may be required to reimburse or provide the cost of a legal defense or representation for PWW for any expenses or actions it has to take arising out of your participation in the short-term rental of a jet ski or other motorized watercraft vehicle.

THE UNDERSIGNED further expressly agrees that this Release, Waiver and Indemnity Agreement is intended to be as broad and inclusive as is permitted under Florida law, and if any portion of this Agreement is held invalid, the balance shall continue in full force and legal effect. I understand that in no event shall PWW, nor any of its owners, officers, agents or employees, be liable to me for any incidental, special, exemplary, punitive, consequential or indirect damages arising out of or in connection with any services rendered by PWW on my behalf or my child. The undersigned acknowledges and agrees that the intent of this Agreement to fully and completely release PWW from any and all lawsuits, proceedings or claims of any type whatsoever.

BY SIGNING BELOW, I AFFIRM THAT I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND A CONTRACT. I AGREE AND CONSENT TO THE TERMS AND CONDITIONS HEREIN AND AGREE TO BE BOUND BY THEM. I FURTHER AGREE THAT NO OTHER REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE BY ANY AGENT, EMPLOYEE OR REPRESENTATIVE OF PWW TO ENCOURAGE MY ACCEPTANCE OF OR AGREEMENT TO SIGN THIS WAIVER AND RELEASE OF LIABILITY. I EXPRESSLY ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I UNDERSTAND THAT BY SIGNING BELOW, I AGREE TO RELEASE AND INDEMNIFY PWW FROM ANY AND ALL LIABILITY AND OR CLAIMS NEGLIGENCE OF ANY KIND (WHETHER ACTIVE, PASSIVE OR GROSS NEGLIGENCE), ON THEIR PART OR MINE, FOR MY PARTICIPATION IN THE ACTIVITY.    

BY SIGNING BELOW, I, THE UNDERSIGNED, EXPRESSLY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND IT IS A RELEASE OF LIABILITY. NO OTHER REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO ENCOURAGE MY OR MY CHILD’S PARTICIPATION AND I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN.

Date: April 8, 2025

First Participant's Name

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Third Participant's Name

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Fourth Participant's Name

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Seventh Participant's Name

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Eighth Participant's Name

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Ninth Participant's Name

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Tenth Participant's Name

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Tenth Participant's Date of Birth*
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PARENT / GUARDIAN WAIVER FOR MINORS (Complete if a participant is under 18 years old):

The undersigned parent or guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity outlined herein, and has agreed individually and on behalf of the child or ward, to the terms of this Agreement as set forth above. The undersigned parent or guardian further agrees to save, hold harmless and indemnify PWW from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon PWW because of any defect in or lack of such capacity to so act and agrees to release PWW on behalf of the minor, as the minor’s parents or legal guardian.

BY SIGNING BELOW, I, THE UNDERSIGNED PARENT OR LEGAL GUARDIAN, EXPRESSLY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND FULLY UNDERSTAND IT IS A RELEASE OF LIABILITY. NO OTHER REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO ENCOURAGE MY OR MY CHILD’S PARTICIPATION AND I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN.




By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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