PELORIA BRIDGE BAY LLC (DBA BRIDGE BAY AT SHASTA LAKE)
RENTAL, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
PERSONAL WATERCRAFT RENTAL
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A CONTRACT THAT AFFECTS YOUR LEGAL RIGHTS.
"Activity" means renting and/or using any Equipment, and otherwise taking part in the use, whether alone or with other Participants, of any Equipment.
"Boat" means any patio boat, ski boat, fishing boat, or other vessel powered by a motor or engine of any type.
"Company" means Peloria Bridge Bay LLC, doing business as Bridge Bay at Shasta Lake.
"Customer" means either (i) only the Participant when the Participant is age 18 or older or (ii) both the Participant and the Participants parent or legal guardian when the Participant is under the age of 18.
"Equipment" means any Passive Vessel, any Towed Equipment, any Boat, or any Personal Watercraft.
"Protected Parties" means all of the following: the Company, Peloria Marinas LLC, and each of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, managers, members, and shareholders.
"Participant" means the person who is renting and/or using any type of Equipment.
"Passive Vessel" means any kayaks, canoes, human-powered paddleboats, aqua-cycles, and stand up paddleboards.
"Personal Watercraft" means any powered watercraft that is not a Boat, including without limitation the branded powered watercraft named JetSki, Yamaha Wave Runner, SeaDoo, and all similar powered watercraft. Personal Watercraft included equipment that will accommodate one or more users seated or standing while driving the watercraft.
"Towed Equipment" means any waterski, wakeboard, knee board, inflated towable device (such as any shaped disk, raft, or tube that accommodates one or more users that hold onto the towable device in a seated, standing, kneeling or lying down position).
2. This is a Binding Contract. In consideration of the Company renting the Equipment to Customer and the Company permitting Participant to participate in the Activity, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Customer and each participant, Customer and each Participant make all of the representations, agreements, and obligations set forth in this agreement.
3. Risks of Activity. Customer and each Participant agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.
(a) Customer and each Participant acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the Activity include, but are not limited to: changing weather or water conditions; debris; tides; currents; wake action; slips; falls; collisions with other Equipment; collisions with other manmade and natural objects (which may or may not be visible above the water or submerged); weather conditions; capsizing; sinking; exposure to the elements; drowning; marine life and other wildlife; Equipment failure; defects in the Equipment; operator error; mental distress from exposure to any of the above; the negligence of others.
(b) Customer and each Participant acknowledge and understand that the description of the risks listed above is not complete and that participating in the activity may be dangerous and may include other risks. Knowing the risks and dangers of the Activity, Customer and each Participant understand the possible consequences of participating in the Activity include, but are not limited to: injury to ones body; injury to other persons; death; causing the death of other persons; damage to the Equipment; damage to other Equipment; damage to the personal property of others; and mental distress from exposure to any of the above.
4. Assumption of Risk. Customer and each Participant hereby agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity. By signing this agreement, Customer and each Participant hereby agree and understand that property loss, injury, and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, RENTER AND EACH PARTICIPANT UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITY AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
5. Customer Responsible for the Equipment. Customer acknowledges that the Equipment has been inspected by Customer and has been received in clean condition, and in good operating condition The Equipment is rented by the Company to Customer as is and the Company makes no representations or warranties to Customer or any Participant, express or implied, with regard to the quality, fitness or condition of the Equipment. Customer and each Participant jointly and severally accept full responsibility for the care of the Equipment during the entire period that the Equipment is in the possession or use of a Participant, even if the Customer is not then participating in the Activity. Customer hereby agrees to pay for any all damage that occurs to the Equipment, regardless of the circumstances under which such damage may occur. Customer further agrees to pay for any lost rental income during the period of time that damaged Equipment is out of service due to damage that occurs during the entire period that the Equipment is in the possession or use of a Participant, even if the Customer is not then participating in the Activity. Customer further agrees to pay for any costs incurred by the Company if the Company retrieves Equipment and returns the Equipment to the Companys marina, if such retrieval is required because the Equipment is damaged or because the Equipment is left by Customer or a Participant anywhere other than in the marina from which the Equipment has been rented. Customer shall pay the Company the full cost of replacing the Equipment if the Equipment is stolen from Customer. PWC MAY NOT BE "BEACHED" ON ANY SHORELINE AS THIS WILL RESULT IN A LOSS OF SECURITY DEPOSIT.
6. Participants Have the Skill and Ability to Participate in the Activity. Customer and each Participant hereby represent to Company as follows: (a) I have the necessary skills and ability to participate in the Activity; (b) I do not have any medical conditions that would prevent me from participating safely in the Activity; (c) I assume full responsibility for myself and the other Participants for bodily injury, death, loss of personal property, and all expenses that may result from my negligence while participating in the Activity, except to the extent that any damage or injury is the result of the gross negligence of the Company or its employees.
7. Participants Will Follow the Rules and the Instructions. Customer and each Participant hereby agree to abide by all rules, regulations and laws of the United States Coast Guard, California, the National Forest Service, the applicable country, and other regulatory agencies with respect to operating the Equipment, boating safety, and recreation in the area. Customer and each Participant hereby agree to pay careful attention to all instructions and training given to me, either through a media presentation (such as a video instruction), verbally, or in writing by the Company or any of its employees.
8. Replacement Equipment for Breakdowns. Customer and each Participant acknowledges that the Equipment may malfunction, break down, or cease to function properly during the rental period and the Equipment may inadvertently be grounded. Customer and each Participant shall have no claim against the Company as a result of any groundings, breakdowns or failures of the Equipment, including any failure of its engines or power source. If the Equipment becomes out of service for the reasons above, the Company will provide replacement Equipment for an equivalent period of time that the Equipment is out of service.
9. Equipment To Be Used Only on Shasta Lake. Customer and the Participants may only use the Equipment on Shasta Lake. If, for any reason, the Equipment is removed from Shasta Lake, the Company will consider the Equipment stolen, and the Company will contact the Sheriffs to recover the Equipment.
10. Indemnification. Customer and each Participant hereby agree to indemnify, defend, protect, and hold harmless the Protected Parties (and each of them) from and against any and all damage, liability, cost, or expense of any kind or nature whatsoever (including without limitation legal fees and expenses whether or not litigation is commenced) and from any lawsuits, claims or demands, arising out of, or related to, each Participants participation in the Activity. The indemnification obligation on the part of Customer and each Participant shall survive for a period of five (5) years after the date on which the Activity is completed.
11. Payment of Costs. Customer hereby agrees to pay all costs and expenses incurred under this agreement, including without limitation all reasonable attorneys fees and costs that may be incurred by any of the Protected Parties to collect any sums due under this agreement or to enforce any terms of this agreement. Customer further agrees to pay interest of 18% per annum on all sums owed any of the Protected Parties, until the obligations are paid in full. Customer hereby agrees that the Company is authorized and shall have the right to charge Customers credit card or debit card for any amounts that may become due or owing under this Agreement to any of the Protected Parties.
12. Other Terms. Customer and each Participant agree that: (a) a Participant will not engage in any activities prohibited by any applicable laws, statues, regulations and ordinances; (b) this agreement shall be governed by the laws of the State of California, and the exclusive jurisdiction and venue of any claim arising out of this Agreement shall be the state courts located in Los Angeles County, California, and Customer and each Participant expressly agree to consent to jurisdiction in said courts; (c) this agreement constitutes the entire agreement between parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) if any part of this agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of Customer and each Participant that this agreement shall be binding upon Customer and each Participant and upon each of their respective assignees, successors, persons subrogated to their respective interests, distributors, heirs, next of kin, executors, and personal representatives.
13. Low Water Policy. I have received the Low Water Policy Map and agree that PWCs from Bridge Bay are prohibited from entering the "No Go" zones on Lake Shasta which are all areas beyond the Red LINES on the provided map. A PWC may not cross the Red Line shown on the map. Due to low water levels in the No Go zones, there is a substantial risk of running a PWC onto sand or mud in a No Go zone. If a customer takes a PWC into a No Go Zone - that customer will be held fully responsible for (1) all damage to the PWC, (2) all costs to retrieve the stuck PWC, and (3) all lost revenue for that PWC for each day it is out of service.
14. Execution by a Participant. By signing this agreement without a parent or legal guardians signature, Participant, under penalty of fraud, represents to the Company that he or she is at least 18 years of age.
EXPRESS ASSUMPTION OF RISK WAIVER
Customer and each Participant acknowledge and recognize that there are inherent risks involved in all water sports, including using Wave Runners or similar or personal watercraft [“PWCs”]. I agree to assume the risks so that I can enjoy the exhilaration and thrills of riding PWCs, instead of staying safely at home.
The risks include, but are not limited to, a broad range of things that can happen when: (1) visiting waterfront areas, docks, ramps, and gangways, such as tripping, falling, slipping, losing my balance or falling into the water; (2) operating or riding on PWCs, including falling overboard, capsizing, drowning, or being injured by lines or tow ropes; (3) moving on an open lake or river, sometimes at high speeds, involving wake jumping, wake surfing, towing tubes, being towed on tubes and any kind of spirited, horsing around with friends, families and strangers; (4) other PWCs or ski boats or other boats of any type are operating in my vicinity, as such watercraft can make unpredictable and unanticipated changes in their course, in their speed, or may even give false signals of their intentions, any of which might cause collisions or mishaps of all types; (5) My PWC strikes natural objects such as submerged shoals, submerged or partially submerged logs; and (6) my PWC encounters bad weather, rough water, or unexpected waves. I recognize that these and other risks include the possibility of serious personal injuries and even death.
I (Customer) therefore release and waive, to the fullest extent permitted by law, any and all claims of any sort whether in tort, contract, equity or otherwise, which I (Customer) , my (Customer) heirs, administrators, executors and assigns may or could have against Peloria Bridge Bay LLC (dba Bridge Bay at Shasta Lake) and its owners, operators, officers, directors, managers, agents, contractors, and/or employees [all of the foregoing, the “Marina Parties”], which claims arise out of or are in any way connected with my (Customer) participation in the above described sorts of activities, including without limitation my driving or riding on a PWC or jumping off of or falling off of or climbing onto a PWC [all of the foregoing, the “PWC Use”].
I (Customer) also agree to indemnify, defend and hold harmless all of the Marina Parties for any costs or liabilities which they may incur as a result of my participation in the PWC Use. If any legal claim, lawsuit or any type of legal proceeding is brought against any of the Marina Parties arising out of or in connection with any PWC Use, I agree to defend any such actions at my sole expense.
I understand and accept that this waiver is intended to be as broad and inclusive as is permitted by law and that if any portion, clause or sub-clause hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and legal effect. BY SIGNING THIS WAIVER, I AM AGREEING THAT I CAREFULLY READ, FULLY UNDERSTAND AND ACCEPT ITS TERMS. I AM SIGNING IT OF MY OWN FREE WILL.
I HAVE CAREFULLY READ THE FOREGOING RENTAL, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM ASSUMING CERTAIN RISKS OF THE ACTIVITY AND INDEMNIFYING OTHERS AND THAT THIS AGREEMENT WILL REMAIN IN EFFECT EVEN AFTER THE ACTIVITY IS COMPLETED. December 2, 2023