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2024 SEA JAY POWERSPORTS
Release, Waiver of Liability, Assumption of Risk,
and Indemnity Agreement Regarding Watercraft Rental and Use 

This Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement

I Agree
(“Release”) is given as of the date appearing below from the undersigned Customerin favor of and to Sea Jay Powersports LLC, a South Carolina limited liability company(hereinafter referred to as “Sea Jay Powersports”). 

I Agree
For and in consideration of the rental agreement by and between Sea Jay Powersports and Customer for the rental of one or more boats, jet skis, and/or other watercraft (the “Watercraft”) to Customer, Customer and Guardian (if applicable) (hereinafter, the Customer and Guardian are jointly and severally referred to as “Customer”), hereby releases, waives and discharges Sea Jay Powersports, its officers and members, promoters, sponsors, advertisers, owners and lessees of the premises (hereinafter referred to as “Releasees”), from all liability to the Customer, his/her spouse, legal representatives, heirs and assigns, for any and all loss or damage, and any claim or damages resulting therefrom, on account of injury to Customer’s person or property, even injury resulting in death of Customer, whether caused by the negligence of Releasees or otherwise, which results from, or is related to, Customer’s rental and use of the Watercraft.

I Agree
Customer hereby acknowledges that water sports activities, including but not limited to operation of the Watercraft whether as a driver, passenger, spectator, or otherwise (collectively, “Water Sports Activities”) are very dangerous and involve the risk of property damage, serious injury, or even death. By signing this Release, Customer represents to Sea Jay Powersports that he or she is in good health and has no known health issues that may put Customer or others at additional risk of injury or other harm. Customer hereby agrees that this Release extends to all acts of negligence by the Releasees, including, but not limited to, negligent rescue operations and is intended to be as broad and inclusive as is permitted by the laws of the state of South Carolina, and that if any portion of the Release is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I Agree
Customer agrees to indemnify and forever hold harmless the Releasees for any loss, liability, damage or cost they may incur, including attorney’s fees, which is related to the Customer’s use of the Watercraft and/or participation in the Water Sports Activities, whether caused by the negligence of the Customer or otherwise.

I Agree
 Customer hereby assumes full responsibility for the risk of bodily injury, death, property damage or otherwise while participating in any Water Sports Activities and while participating in, preparing for, observing, or any other purpose regarding, the Water Sports Activities.

       

 May 1, 2025

Sea Jay Powersports – Watercraft Rules  

I Agree
**Violation of these rules may result in immediate termination of the rental  WITHOUT any refund**

 

I Agree
  Customers may not participate in ANY Water Sports Activities while under the influence of alcohol or any drug, whether legal or illegal.

 

I Agree
 Customer is responsible for the safety of all parties utilizing the Watercraft and Sea Jay Watersports is not liable for any accidents that may occur, whether such accidents are the fault of Customer or any other individual. 


I Agree
  All Customers must adhere to all local laws and regulations and must promptly obey any instructions or other guidance of any employees of Sea Jay Powersports.

 

I Agree
Customers must always operate Watercraft in a safe and controlled manner.

 

I Agree
Customers must return the Watercraft immediately in case of imminent weather or other dangerous conditions.

 

I Agree
 Only Customer or Sea Jay Powersports employees may operate the Watercraft during the rental period.

 

I Agree
Customers must maintain at least thirty (30) feet between themselves and other watercraft, swimmers, and structures while Watercraft is in motion.

 

I Agree
Customers MUST NOT use cell phones or other devices while the Watercraft is in motion.


I Agree
 Only Customers over the age of eighteen (18) AND with a valid driver’s license may operate Watercraft.

 

I Agree
No person under the age of twenty-five (25) may rent the Watercraft under any circumstances.

 

I Agree
All persons must always wear lifejackets while using the Watercraft, even when the Watercraft is not in motion.

 

I Agree
 Customer may not operate the Watercraft in a reckless fashion, including but not limited to speeding, stunts, bumping, cutting in front of other watercraft, creating excessive wake in “No Wake Zones” or in a manner that is unsafe or unruly, or any other reckless behavior. 

 

I Agree
Customer may not operate the Watercraft in a fashion that is too fast for conditions, visibility, or personal experience. Customer is aware of and must be alert for the possibility of hidden dangers when operating the Watercraft.

 

I Agree
  If a Sea Jay Powersports employee determines that any Customer or other person utilizing on the Watercraft has violated these Rules, Customer must immediately return the Watercraft and all Sea Jay Powersports property to Sea Jay Powersports and will forfeit the rest of Customer’s rental session. 

I Agree
 By signing below, Customer agrees to pay for all damages which occur from the time the Watercraft leaves the care of Sea Jay Powersports until the Watercraft is returned, including but not limited to damages to the Watercraft, Sea Jay Powersports property, all equipment, other persons, and any other damage which may occur during this period. Customer is responsible for a minimum $750 damage fee if any damage occurs to the Watercraft or any other property of Sea Jay Powersports. Customer is responsible for the full cost incurred to repair such damage, even if such costs exceed the $750 minimum damage fee. Any damages must be paid for in full immediately unless other arrangements are made in writing with Sea Jay Powersports’ management.

 

 May 1, 2025

I Agree
  BY SIGNING THIS DOCUMENT CUSTOMER AGREES THAT THEY WILL NOT DISPUTE ANY CREDIT CARD CHARGES.

 Customer Information

I Agree
I have carefully read this agreement and fully understand its contents. Furthermore, I acknowledge that I have carefully read, fully understand, and agree to follow and abide by the Watercraft Rules of Sea Jay Powersports which are contained in this document. I am aware that any violation of these Rules may result in the termination of my rental WITHOUT a refund and that I may be responsible for monetary damages or other consequences if I violate these rules. I further warrant that I am not under the influence of, or in any way impaired by, any drug and/or alcohol and that I am at least twenty-five years old. Prior to signing this Agreement, I have had an opportunity to ask any questions. I am aware that this is a release of liability and a contract between myself and Sea Jay Powersports, LLC, and I have signed it of my own free will.

Witness my signature, as of May 1, 2025

 

Sea Jay Powersports, LLC


PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Sea Jay Powersports 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 "SJP"), I hereby agree to release, indemnify, and discharge SJP, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

I Agree
1.             I acknowledge that my participation in Jet Ski, WaveRunner 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; 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; major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; 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.

Furthermore, SJP 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.

I Agree
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.

I Agree
3.             I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SJP 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 SJPs equipment or facilities, including any such claims which allege negligent acts or omissions of SJP.

I Agree
4.             Should SJP or anyone acting on their behalf, be required to incur lawyer's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

I Agree
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.

I Agree
6.             In the event that I file a lawsuit against SJP, I agree to do so solely in the state of South Carolina, 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 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.

I Agree
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 SJP 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 SJP. 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.

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18)

In consideration of the following minor(s): (print name(s)andDOB(s)):


being permitted by SJP to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SJP from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).


PROTECTIVE WETSUIT REFUSAL AGREEMENT

I Agree
I, for myself, and/or on behalf of my child or legal ward, have been fully warned and advised by Sea Jay Powersports LLC that we should wear properly fitted wetsuit bottoms, or clothing that provides equivalent protection, while riding or being around Wave Runners 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 may be subject to injury from this activity and that no form of preplanning can remove all danger Against the advice of Sea Jay Powersports LLC, we are declining this critical safety precaution.

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



Today's Date: May 1, 2025

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Address

Participant's Address *
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

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

Participant's Address *
Third Participant's Name

First Name*

Middle Name

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

Participant's Address *
Fourth Participant's Name

First Name*

Middle Name

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

Participant's Address *
Fifth Participant's Name

First Name*

Middle Name

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

Participant's Address *
Sixth Participant's Name

First Name*

Middle Name

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

Participant's Address *
Seventh Participant's Name

First Name*

Middle Name

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

Participant's Address *
Eighth Participant's Name

First Name*

Middle Name

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

Participant's Address *
Ninth Participant's Name

First Name*

Middle Name

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

Participant's Address *
Tenth Participant's Name

First Name*

Middle Name

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

Participant's Address *
Parent or Guardian's Email Address

Email*

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

Middle Name

Last Name*

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

Participant's Address *
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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