The individual named below (referred to as “Renter” or “Lessee”) desires to participate in certain outdoor recreation activities provided by Wake Addiction Watersports LLC d/b/a Liquid Thrillz (referred to as “Lessor”). The term Lessor includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Lessor.
These activities are including, but not limited to 1) The rental of watercraft or vessels (the “Equipment”) and operation of the Equipment by Lessee or passenger, which also may include other water sports such as, but not limited to, wakeboarding, tubing, wake surfing or skiing in conjunction with the use of the Equipment, OR 2) The rental of certain watercraft or vessels (the “Equipment”) to be operated by an employee of Lessor while Lessee or passengers are passengers, which also may include other water sports such as, but not limited to, wakeboarding, wake surfing or skiing in conjunction with the use of the Equipment. These activities whether singular or plural, are hereinafter referred to as the “Activities.”
As lawful consideration for being permitted by the Lessor to participate in the Activities and the intangible value that Lessee will gain by participating in the Activities, Lessee agrees to all the terms and conditions set forth in this Waiver and Release of Liability Agreement (the “Agreement”). This Agreement is applicable to all renters, operators, passengers, and users of the equipment provided by Lessor.
The Lessee that he/she is also signing this Agreement on behalf of Lessee’s minor children in their custody or control.
I. EXPRESS ASSUMPTION OF RISK
LESSEE IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. LESSEE ACKNOWLEDGES THAT ANY INJURIES THAT LESSEE OR A PARTY OF LESSEE’S SUSTAINS MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF LESSOR. LESSEE ACKNOWLEDGES THAT LESSEE IS KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RESPONSIBILITY AND RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE LESSOR OR OTHERWISE.
II. WAIVER/RELEASE OF LIABILITY
LESSEE HEREBY EXPRESSLY WAIVES AND RELEASES ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST LESSOR, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASEES"), ON ACCOUNT OF INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS ARISING OUT OF OR ATTRIBUTABLE TO THE ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIGENCE OF LESSOR OR ANY RELEASEES OR OTHERWISE. THIS WAIVER APPLIES REGARDLESS IF LESSEE OR LESSOR IS OPEARTING THE EQUIPMENT USED IN THE ACTIVITIES. LESSEE COVENANTS NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST LESSOR OR ANY OTHER RELEASEE, AND FOREVER RELEASES AND DISCHARGES LESSOR AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.
III. LIABILITY TO THIRD PARTIES
LESSEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS LESSOR AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, FEES AND THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO THE ACTIVITIES.
IV. RENTAL SAFETY
Lessee certifies that they have examined the Equipment provided by Lessor and finds them to be acceptable and suitable for the purpose for which it is leased. Lessee agrees to report any accident, malfunction or breakdown of the Equipment to Lessor IMMIDIATELY by telephone at 512-779-3774 or 512-267-7530. Continued use of the Equipment shall be entirely at the Lessee’s risk and Lessee assumes all liability of injury and damage to all persons and property that may result by the continued use of the damaged or defective Equipment. It is AGREED AND UNDERSTOOD by Lessee that the Lessor shall not be held liable for damages, inconvenience, or time lost caused by accident, breakdown or malfunction of the Equipment.
Lessee acknowledges his/her responsibility for the safe and proper operation of the Equipment; and for the safety and welfare of other boaters, persons, and passengers. Lessee agrees that he/she will disclose to lessor all potential operators, passengers, and users of said Equipment. Lessee further agrees that in the event that he/she fails to notify lessor of all potential operators, passengers, or users of said Equipment, all sections of this Agreement will still apply and Lessee will be personally liable for any damages to the Equipment of Lessor and/or the undisclosed individuals, even if such damages arise out of the negligence or fault of Lessor.
Lessee agrees not to use, nor permit use, of the Equipment for any unlawful purpose; in a careless or negligent manner; while under the influence of ANY alcohol or drugs; or while smoking or using tobacco products. Lessee also agrees that he/she will operate the Equipment in accordance with all safety rules and regulations provided by law as well as provided in each vessel from the Boating Safety Guide provided by the Texas Park and Wildlife, and further certifies that he/she has read and understands said laws, rules and regulations. Lessee certifies that they are experienced and capable in all aspects of the handling and operation of the Equipment. Lessee agrees the Equipment will not be occupied by a greater number of persons than is allowed by law or manufacturers specifications. Lessee is aware of the NO WAKE areas in water areas where they will participate in the Activities and are responsible for any damaged caused by their wake.
If Lessee has elected to rent Equipment to be operated by an employee of Lessor, Lessee hereby agrees that Lessee and all parties utilizing the Equipment will yield and listen to all safety instructions of Lessor before, during, and after Lessor’s operation of the Equipment for the Lessee.
Lessee will not remove any item from the Equipment or surrounding area and will operate said Equipment within limits of Lake Travis, Austin, and Georgetown (whichever rented in) from Lessor and Lessee has familiarized themselves with a chart of the area.
WATER SKIING, TOWING, AND/OR NIGHT OPERATION OF RENTAL JETSKIS AND EQUIPMENT IS FORBIDDEN.
**ALL RENTERS/LESSEES AND ANYONE OPERATING ANY EQUIPMENT MUST BE AT LEAST 21 YEARS OF AGE AND PROVIDE VALID IDENITFICATION TO LESSOR**
V. FINANCIAL RESPONSIBILITY
In the event the Equipment is not returned at time specified herein, Lessee agrees to pay for OVERTIME at a rate of $150 per every 15 minutes late. In the event a vessel is returned and needs to be cleaned due to renter negligence, Lessee agrees to pay a Cleaning Fee between $100.00-$250.00 dependent upon the condition said vessel was returned.
A $2,000.00 refundable deposit is required before use of the Equipment by Lessee and can be made by a major credit card authorization (VISA, MasterCard, Discover, or Debit) or cash. Lessee authorizes and allows Lessor to charge Lessee’s credit card for any damages to, or loss of, the Equipment. These charges shall include replacements costs or costs of parts, repairs, and labor. Said deposit shall be retained by the Lessor as partial compensation for failing to return said Equipment in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of Equipment by Lessee.
Attorneys' Fees. In the event that Lessor institutes any legal suit, action, or proceeding against Lessee arising out of or relating to this Agreement, Lessor shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by Lessor in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs.
Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby shall be instituted in any United States federal court or state court located in the state of Texas in the county of Lessor’s principal place of business and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Agreement, and any related exhibits and schedules, the statements in the body of this Agreement shall control.
VII. ACKNOWLEDGMENT OF WAIVER AND RELEASE
BY SIGNING BELOW, LESSEE ACKNOWLEDGES THAT THEY HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT LESSEE IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE LESSOR, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO LESSEE. LESSEE COMPLETELY AND UNCONDITIONALLY RELEASES ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Lessee warrants that they are aware that they may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from LESSOR with the knowledge that signing this Agreement is a requirement for rental, operation, and use of said Equipment.
***READ RELEASE BEFORE SIGNING***
Boat Rental Orientation Checklist
Protective Clothing/Equipment for Operators and Passengers
Wear PFD and Other Protective Clothing/Equipment
- The Texas Water Safety Act requires children under the age of 13 in motorboats less than 26 feet in length to wear a life jacket.
- All recreational boats including canoes and kayak must have one wearable U.S. Coast Guard-approved life jacket for each person on board.
- All vessels 16ft or longer must have one Type IV throwable flotation device.
Keep Lanyard Attached
Securely attach engine shut-off cord (lanyard) to your wrist or PFD (as directed) and wear it at all times. Then if you leave the helm of the boat, the engine will stop.
Know How to Start and Stop the Engine
To start the engine, be sure that the lanyard is attached and turn the key to start.
To stop the engine, turn the key to the off switch. Stopping the engine will not stop the forward motion of the Boat and will result in loss of steering.
Avoid Collisions — Most Boating Injuries and Deaths Result from Collisions
Do Not Let Off Throttle when trying to Steer!
You need throttle to steer!
- Take Early Action to Avoid Collisions
- Remember, PWC’s and other boats do not have brakes!
STAY 50 FEET AWAY FROM ALL SHORELINE AND OTHER BOATERS!
- Scan constantly for people, objects and other boats (including PWCs).
- Be alert for conditions that limit your visibility or block your vision of others.
- Watch for Debris and other floating objects that may cause loss of control, damages, or injuries.
- Operate at safe speeds.
- Keep a safe distance away from people, objects and other boats (including PWCs).
- Do not follow directly behind PWCs or other boats.
- Do not go near others to spray or splash them with water.
- 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.
Avoid Aggressive Maneuvers
- This is a high-performance boat—it is not a toy.
- Drive within your limits and avoid aggressive maneuvers to reduce the risk of loss of control, ejection, and collision.
- 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.
- Do not jump wakes or waves.
Do Not Apply Throttle when Anyone is at the Rear of the Vessel
- Do not apply the throttle when anyone is standing or swimming toward the rear of the vessel. Water and/or debris exiting thrust can cause serious injury.
- Any vessel can cause serious bodily injury or even death if vessel is operated while passenger is at the rear of the boat.
- Items such as long hair, loose clothing, or PFD straps can become entangled in moving parts resulting in severe injury or drowning.
- ENSURE VESSEL IS TURNED OFF WHEN PASSENGERS ARE IN WATER. DO NOT ALLOW PASSENGERS TO SIT AT THE REAR OF THE VESSEL WHILE RUNNING TO AVOID CARBON MONOXIDE POISONING.
Follow Rental Agency Rules and Boating Laws
- Review all rental agency rules and applicable boating laws.
- Do not overload. Do not tow unless the vessel is designed and equipped for towing. Know and follow all State requirements.
- Follow the rules and guidance of the employees and/or agents of Wake Addiction Watersports d/b/a Liquid Thrillz during orientation.
Know the Waters
- Know the area in which you will be operating and observe all navigational markers and signs. Maps and boating safety pamplets are provided in all vessels for customer use.
Follow the Additional Boat Warnings and Instructions that May Apply
- Depending on the circumstances, the Owner’s Manual and product labels may have relevant information not covered in this basic orientation.
- Do you understand that you should scan constantly, operate defensively and avoid aggressive maneuvers?
- Do you understand that Boats do not have brakes?
- Do you understand that you should not let off the throttle when you are trying to steer away from people, objects, other boats (including PWCs)?
Payment Policy: The full amount of your reservation is due 48 hours prior to your reservation UNLESS made online payment is due immediately and is NON-Refundable. Captained vessels and Multi-day reservation payments are due 7 days prior to reservation date.
Deposit Policy: Reservations require a $2,000.00 credit card hold authorization per vessel. Deposits will NOT be refunded if damage to the vessel is present upon return. Damages exceeding the $2,000.00 deposit will be charged to the card on file and any damages costing less than the $2,000.00 deposit will be credited back to the card on file.
No Show Policy: If you do not cancel 48 hrs prior to your reservation or arrive to your reservation more than 15 minutes late, you will be charged 50% of your reservation total and your reservation will be cancelled. Captained vessels and Multi-day reservations must be cancelled 7 days prior to reservation date. If cancelled after the 7-day period, only 50% of your reservation total will be refunded.
Cancellation Policy: Reservations cancelled inside 48 hours will forfeit 50% of the total rental cost. Reservations made online forfeit the 48 hour window cancellation policy and will not be issued a refund. Captained vessels and Multi-day reservations must be cancelled 7 days prior to reservation date. If cancelled after the 7-day period, only 50% of your reservation total will be refunded. ***Please be advised*** - If weather inhibits your charter due to hail, sleet, thunder storm, or extremely heavy rain, we offer rain check vouchers, NOT REFUNDS. If you are booking from out of town and are not local or you are unable to reschedule for any reason, you will receive a voucher good on any future rentals. Unfortunately there are no refunds given for weather issues, and you as the customer assume risk by renting the vessel.
The terms and conditions on all pages of this contract contains the entire understanding between lessee and lessor and no other representation or inducement, oral or written, has been made which is not included in this rental agreement. I (we) have read all pages of the agreement and fully understand the terms and conditions as set forth; that I (we) acknowledge receipt of a copy of this agreement.
I have been instructed on and understand the rules and information provided in this orientation.
Dated: March 26, 2023