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NORTH CAROLINA RENTAL AGREEMENT:
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY

I.  DISCLAIMER—CAUTION!! READ BEFORE SIGNING

A. This Rental Agreement: Waiver and Release of Liability, Assumption of Risk, and Indemnity (“Rental Agreement”) is applicable to all renters, operators, passengers, supervisors, and users of equipment provided by O’ So Wavy Boat Rentals by PFC Solutions LLC *(For purposes of this Rental Agreement, the term “Rental Company” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of O’ So Wavy Boat Rentals by PFC Solutions LLC. The undersigned agrees that he/she is also signing this Rental Agreement on behalf of any minor children for whom he/she is the parent, guardian, or otherwise responsible for care, custody or control. Renter agrees that he/she will disclose to O’ So Wavy Boat Rentals by PFC Solutions LLC all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify O’ So Wavy Boat Rentals by PFC Solutions LLC of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault (excluding conduct worse than negligence such as gross negligence) of O’ So Wavy Boat Rentals by PFC Solutions LLC

B. You read, understand and agree to comply with North Carolina General Statutes 75A-16.2 (and, if this Rental Agreement concerns a personal watercraft, you have also reviewed 75A-13.3) and warrant that you and the undersigned persons are at least of the age and have the boating safety education required by law to operate the rented vessel.

C. You must possess at all times and, upon request of O’ So Wavy Boat Rentals by PFC Solutions LLC and/or a law enforcement officer present a copy of this Agreement, proof of age and compliance with North Carolina General Statutes 75A-16.2 (and, if this Rental Agreement concerns a personal watercraft, compliance with 75A-13.3). You must always comply with all state and federal laws during this rental.

D. O’ So Wavy Boat Rentals by PFC Solutions LLC has provided the undersigned with basic safety instruction (including, but not limited to, directions on how to safely operate the vessel rented and a review of the safety provisions of North Carolina General Statutes 75A-16.2 and 75A-13.3) prior to allowing any of the undersigned(s) to operate and/or board the leased vessel.

II. EXPRESS ASSUMPTION OF RISK—CAUTION!! READ BEFORE SIGNING

I acknowledge that the operation or use of a watercraft has inherent risks that may lead to bodily injury or death. I further understand that I am not bound or required to participate in any of the activities presented to me, but I have willingly and voluntarily decided to participate. I realize that I am free to refuse to participate in any or all activities including those I feel uncomfortable with or which I feel cannot be completed safely by me.

I knowingly and voluntarily assume all risk of injury, illness, damage or loss, both known and unknown, associated with the rental, operation, or use of the watercraft or associated rental equipment, even if arising from the negligence, act or omission (excluding conduct worse than negligence such as gross negligence) of O’ So Wavy Boat Rentals by PFC Solutions LLC, and assume full responsibility for my participation.

III. RELEASE / COVENANT NOT TO SUE—CAUTION!! READ BEFORE SIGNING

I hereby release and hold harmless O’ So Wavy Boat Rentals by PFC Solutions LLC from all liability, claims, demands or causes of action for any injury, disability, death, or loss or damage to person or property sustained by me and/or any minor children for whom I am a parent, legal guardian, or otherwise responsible, whether caused by the negligence of O’ So Wavy Boat Rentals by PFC Solutions LLC or otherwise. 

This includes any injury, disability, death, or loss or damage to person or property sustained as a result of a hidden, latent or obvious defect on the watercraft or any of the equipment used, or any failure to properly instruct, supervise or train. As part of the consideration for using the chartered equipment, I promise not to sue or make a claim against O’ So Wavy Boat Rentals by PFC Solutions LLC for any damage or loss suffered as a result of my participation in the rental activities. It is the intent of this Rental Agreement to fully and completely release O’ So Wavy Boat Rentals by PFC Solutions LLC from all claims, including claims for negligence (excluding claims for conduct worse than negligence such as gross negligence).

IV. INDEMNITY / LIABILITY TO THIRD PARTIES—CAUTION!! READ BEFORE SIGNING

I agree that I will defend, indemnify and hold harmless O’ So Wavy Boat Rentals by PFC Solutions LLC for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by O’ So Wavy Boat Rentals by PFC Solutions LLC, even if such damages arise out of the negligence or fault of O’ So Wavy Boat Rentals by PFC Solutions LLC.

V. GENERAL TERMS AND CONDITIONS

I certify that I have received adequate and proper safety and operational instruction for the equipment and watercraft from rented from O’ So Wavy Boat Rentals by PFC Solutions LLC and I am capable in all aspects of the handling and operation of such equipment and watercraft and following all safety instructions. I agree not to use, nor permit the use of the equipment for (a) any unlawful purpose; (b) in a careless, reckless, or negligent manner; (c) while under the influence of alcohol and/or drugs; or (d) in violation of the safety instructions I received from O’ So Wavy Boat Rentals by PFC Solutions LLC.

This Rental Agreement sets forth the entire agreement and understanding between the parties, and all previous discussions, understandings, representations, negotiations, and agreements with respect to the matters included in this Rental Agreement are merged herein. Additionally, the consideration recited herein is the full, complete, and entire consideration for this Rental Agreement, and there is no further consideration to be paid by any party to any other party other than as recited herein. If any provision or part of a provision of this Rental Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of the Rental Agreement shall remain valid and enforceable by any party. The parties agree that any litigation arising out of this agreement shall occur, if at all, in the United States District Court for the Eastern District of North Carolina; however, O’ So Wavy Boat Rentals by PFC Solutions LLC (and only O’ So Wavy Boat Rentals by PFC Solutions LLC) reserves the right to select any forum where the vessel or a vessel related to this rental agreement or any action arising out of it my be located.

The parties agree that the general maritime and admiralty laws of the United States shall govern any dispute arising out of this agreement; to the extent the general maritime and admiralty laws of the United States are silent as to any particular issue arising out of this agreement, then the laws of the State of North Carolina shall apply to any such issue. In the event O’ So Wavy Boat Rentals by PFC Solutions LLC prevails in any litigation or claim relating to the enforcement of the provisions contained herein, I agree to pay and indemnify O’ So Wavy Boat Rentals by PFC Solutions LLC for its litigation expenses, including reasonable legal fees and court costs.

I expressly warrant and represent that before executing this Rental Agreement I have fully informed myself of the terms, conditions and effect of this Rental Agreement, and that I have relied solely on my own judgment in executing this document.

I have read the terms of this Rental Agreement, including the provisions regarding Assumption of Risk, Release and Covenant Not to Sue, and Indemnity, and I understand that I am giving up substantial rights in consideration for my use of O’ So Wavy Boat Rentals by PFC Solutions LLC’s watercraft and equipment. I enter into this Rental Agreement freely and voluntarily without any inducement. CAUTION!!! READ ENTIRE TWO PAGES OF DOCUMENT BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND RELEASES ALL LIABILITY AGAINST RENTAL COMPANY

I have read and understand the cancelation policy and that if I cancel at my own will within 7 days of my booking, I am forfeiting my deposit. And if I cancel at my own will within 48 hours I forfeit both my deposit and possibility of a reschedule.

I have read and understand if I do not abide by the rules and conditions stated above and mandated by O’ So Wavy Boat Rentals by PFC Solutions LLC, I will immediately forfeit the remainder of my stay on the boat and will NOT receive any refund. There are no refunds for any reason.

Today's date: December 23, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
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*
Parent or Guardian's Email Address

Email*

Confirm Email*
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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 Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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