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Flow, LLC: Jaxon V
435-659-8643
jaxon@flowwaterrentals.com

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

 

 

In consideration of the services of Flow LLC their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "FL"), I hereby agree to release, indemnify, and discharge FL, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

 

1. I acknowledge that my participation in jet ski and personal watercraft activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: slips and falls; accidental drowning; watercraft may capsize and cause entrapment; travel in remote areas; collision with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and accidents can occur while getting on or off; the negligence of participants, or other persons who may be present; exhaustion; exposure to the elements of the outdoors and natural surroundings 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; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; passengers can be thrown off the watercraft; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; transmissible pathogens or disease; the negligence of participants, or other persons who may be present; equipment failure or operator error; accidents involving other watercraft, vessels or watercrafts; collision with fixed or movable objects; collisions, and flipping over; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity. Additionally, fatigue, chill and/or dizziness may diminish my/our reaction time and increase the risk of an accident. Traveling to and from the pier raises the possibility of any manner of transportation accidents. Furthermore, FL personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) and wetsuit bottom (or clothing that provides equivalent protection) while participating in this activity.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FL from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of FL's equipment or facilities, including any such claims which allege negligent acts or omissions of FL.

4. Should FL or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify 

and hold them harmless for all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

6. In the event that I file a lawsuit against FL, I agree to do so solely in the state of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. 

 

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against FL on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at FL. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

I Agree

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Rental Agreement 

 

1. RENTAL. In consideration of the Agreement herein, Flow does lease to the Lessee a certain PWC and Lessee agrees to lease the PWC from Flow on the terms and conditions set forth in this agreement and to pay to Flow at the agreed-upon rate. There will be no refunds in the event of an early return.

I Agree

 

2. DEPOSIT. Lessee agrees to provide Flow with a deposit in the amount of: $500/ski to be held for the duration of the ride which deposit shall serve as security for and may be applied against any damage or charges that may be due Flow as provided herein. Flow’s application of any portion of this damage deposit towards damages or charges shall not be Flow’s exclusive remedy for damages, charges or other monies that may be due to Flow under this Agreement.

I Agree

 

3. Applicable Laws. Lessee understands that he/she must be at least eighteen years of age to operate a PWC. Lessee understands that approved personal flotation devices must be worn at all times. 

I Agree

 

a. Each person aboard a personal watercraft must wear a United States Coast Guard approved personal flotation device, which is properly fitted and fastened.

b. No person shall operate a personal watercraft on the waters after sunset or before sunrise.

c. No person shall operate a personal watercraft unless properly using the lanyard-type engine cutoff switch, which must be attached to the operator's clothing, body, or lifejacket.

 

4. LAWS. Lessee agrees that he/she will operate the personal watercraft in accordance with Flow Safety Rules and in accordance with all laws of Utah or Arizona, depending upon which state the PWC is being operated in, included but not limited to local, state and/or federal laws, rules and regulations. Lessee further agrees to personally pay any ticket, citation or suit arising from his/her use of the PWC and agrees to operate the personal watercraft in a safe and law abiding manner.

I Agree

 

5. FLOW SAFETY RULES. Lessee shall familiarize himself/herself with all operating instructions for the PWC. Lessee shall assure that the personal watercraft is used in a safe manner utilizing the highest standard of care to avoid injuries and damage to the PWC or other property. The PWC shall not be used in connection with stunts, racing, the towing of person or property, or any other use which might result in injury to person or damage to property. Lessee represents that he/she is familiar with the operation of the PWC and that he/she has read and understands the Safety Rules and which are incorporated herein by reference and Lessee further agrees to comply and abide with each and every one of these Safety Rules.

I Agree

 

6. My participation in PWC or boating activities, as with any watersport, will test my physical and mental limits, involves very powerful machinery, and exposes me to dangers associated with the operation of PWC and/or boats. These dangers include, without limitations: collisions with other vessels, fixed objects, persons in the water, or objects in the water; exposure to the elements; mechanical breakdown; loss of control of the vessel; falling off the vessel; sinking of the vessel; drowning; and other dangers known or unknown. I understand these rules and assume the risk of harm presented by these damages.

I Agree

 

7. PWC or boating activities may pose an additional danger to persons with pre-existing physical injuries or conditions, or other conditions, or to pregnant women. I am not aware of any physical or mental conditions that may affect my ability to participate in PWC or boating activities or that may be aggravated by the participation in such activities. Alternatively, I acknowledge that I have consulted with my physician who has advised me that I may participate in these activities without restrictions.

I Agree

 

8. I will NOT participate in any PWC or boating activities while my ability is impaired by alcohol, drugs, or otherwise. If found by discretion of Flow’s staff applicable law enforcement to be impaired in any way I further agree that my rental will be immediately terminated and no refund will be provided.

I Agree

 

9. In the event of malfunction or breakdown of the craft, or if any defect occurs during the rental period, I shall immediately report any unusual problems to Flow. Continued use of the craft in any of these circumstances shall be entirely at my risk and I shall then be under the obligation to assume any and all liabilities resulting from bodily injury, loss, or damage caused to all persons and property that may become involved in any accident.

I Agree

 

10. Flow reserves the right to cancel any rental due to inclement weather or other unsafe circumstances. I acknowledge that this is entirely left to the discretion of Flow.

I Agree

 

11. Flow will provide me with oral instructions concerning the operation of the PWC or other watercraft that I am renting from Flow. I will not participate in PWC or boating activities unless I receive and understand these instructions. By participating, I acknowledge that I have received and understood these instructions.

I Agree

 

12. I will have the opportunity to inspect the PWC or other watercraft that I am renting from Flow before I board the vessel. I will not participate in any PWC or boating activities until I inspect the vessel and I am satisfied with its condition. By participating, I acknowledge that I have conducted this inspection.

I Agree

 

13. I acknowledge that Flow is not a manufacturer of the PWC/boat that I am renting and it does not make any representations, warranties of, or covenants, expressed or implied, with the respect to the condition, quality, durability, or suitability of the PWC/boat.

I Agree

 

14. I agree that I will not allow any other person to operate the vessel that I am renting from Flow unless they have signed a waiver.

I Agree

 

15. I agree to return the vessel that I have rented from Flow within the rental period that I negotiated. If I fail to return the vessel to Flow for any reason other than mechanical malfunction that is not caused by misuse of the vessel, I agree to pay an additional sum equal to the standard hourly rental rate (or fraction thereof) that exceeds the rental period that I negotiated. [agree

 

16. I understand that I am liable for all damages (up to $3,500) and costs incurred as a result of my negligence including but not limited to damages and lost rentals due to damage to any vessel. I agree to IMMEDIATELY REIMBURSE Flow for these repairs and other costs. Any damage shall be billed at the actual cost to Flow plus actual installation/repair costs billed to Flow by repair facility.

I Agree

 

17. I understand that I am responsible for the PWC that I am renting as well as any PWC, boat, structure, or any other matter or property that I may come in contact with. If I am involved in any type of accident that damages the property of Flow I will pay them for their losses IMMEDIATELY.

I Agree


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Flow LLC that we should purchase and/or wear a properly fitted wetsuit bottoms, or clothing that provides equivalent protection, while riding or being around WaveRunners and Jet Skis in order to protect against injuries caused by water forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. Injuries include water forced into the rectum or vagina causing severe internal injuries or death. I understand that by not wearing wetsuit bottoms or equivalent clothing, I will be going against manufacturers' requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of Flow LLC, the guide/instructor, numerous court cases and Flow LLC's insurance company, we are refusing this critical safety precaution.

SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Please Select One*
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) and wetsuit bottom (or clothing that provides equivalent protection) while participating in this activity.
Against the advice of Flow LLC, the guide/instructor, numerous court cases and Flow LLC's insurance company, we are refusing this critical safety precaution.
INSURANCE

Mandatory Insurance Charge

We charge a mandatory insurance policy. 

This insurance charge covers liability insurance and carries a physical damage policy with a deductible of $3,500.

All damages totaling under $3,500 will be covered by you, the renter. If damages are over $3,500, you will pay the deductible, after which Flow will cover the remaining amount.


Please Acknowlege*
Safety Equipment on Board. Please review.

Fire Extinguisher - Under Seat 
SOS Kit - Under right side knee pad. (Whistle, Tow Rope, Flashlight, Extra Plug) 
Owners Manual - Underside of seat in a sealed bag

Please Acknowledge*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
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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