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Rental Waiver And Release Of Liability Agreement

1. DISCLAIMER

This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by NAUTICOOL ADVENTURES *(For purposes of this Waiver and Release, the term ''NAUTICOOL ADVENTURES") includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of NAUTICOOL ADVENTURES). If any other rental agreement is used in addition to, or in conjunction with, this Release, the provisions of this Release shall prevail over any other clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on the behalf of undersigned's minor children. Renter further agrees that he/she will disclose to NAUTICOOL ADVENTURES all potential operators, passengers, and 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 of NAUTICOOL ADVENTURES.
INITIAL IF YOU UNDERSTAND AND AGREE

 

2. EXPRESS ASSUMPTION OF RISK

The undersigned herby agrees that he/she is renting,operating, or using the equipment provided by NAUTICOOL ADVENTURES at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of NAUTICOOL ADVENTURES.
INITIAL IF YOU UNDERSTAND AND AGREE


3. WAIVER/RELEASE OF LIABILITY

By the execution of this Release, the undersigned agrees that NAUTICOOL ADVENTURES shall not be liable for any damages arising from personal injuries sustained by the undersigned or any 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 NAUTICOOL ADVENTURES. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that NAUTICOOL ADVENTURES shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that NAUTICOOL ADVENTURES shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY NAUTICOOL ADVENTURES, wether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by NAUTICOOL ADVENTURES.
INITIAL IF YOU UNDERSTAND AND AGREE

 

4. LIABILITY TO THIRD PARTIES

The undersigned hereby agrees that he/she will indemnify and hold harmless NAUTICOOL ADVENTURES 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 NAUTICOOL ADVENTURES, even if such damages  arise out of negligence or or fault of NAUTICOOL ADVENTURES.
INITIAL IF YOU UNDERSTAND AND AGREE

 

5. ACKNOWLEDGMENT OF WAIVER AND RELEASE

The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from NAUTICOOL ADVENTURES with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against NAUTICOOL ADVENTURES for NAUTICOOL ADVENTURES negligence.
INITIAL IF YOU UNDERSTAND AND AGREE

 

6. IMAGE USE AND CREDIT CARD ACKNOWLEDGMENT OF WAIVER AND RELEASE

I agree that NAUTICOOL ADVENTURES has the rights to use any of my images or videos for promotional use on ads or online. In signing this release, I acknowledge and represent that I HAVE READ THE FOREGOING Waiver and Release of Liability, UNDERSTAND IT AND SIGN IT VOLUNTARILY as my own free act and deed with no inducement; and that no oral representations, statements or inducements, apart from the foregoing written agreement, have been made by the RELEASED PARTIES or relied upon by me; and I EXECUTE THIS RELEASE OF LIABILITY FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.
INITIAL IF YOU UNDERSTAND AND AGREE



*** READ RELEASE BEFORE SIGNING ***
 

7. Damages and loss of Equipment

I agree to pay for all damages to or loss of equipment belonging to or obtained from NAUTICOOL ADVENTURES resulting from my use whether damage is intentional or unavoidable.

Life Jacket                                  $50
Jet Ski Pump Damage              $800
Jet Ski Hull Damage                 $150 per square/inch
Jet Ski full of water Damage   $400

Seat Damage.                            $250

Clean up Fee                              $40-$80

INITIAL IF YOU UNDERSTAND AND AGREE

SIGNATURE:

                                       DATED: August 8, 2020

 

PWC Checklist

​General Operation

I understand that the PWC I am renting is a high-performance boat, not a toy, and as such I will carefully observe and follow the instructions and safety rules I receive from my rental operator.

I Agree

I will ensure I have enough gas for my return back to the rental livery. I understand a good rule of thumb regarding fuel use is one-third out, one-third back in, and one-third in reserve. 

I Agree

Safety Equipment

I will pay close attention to the required safety equipment instructions provided by my rental livery operatorso thatI am able to use it in the case of an emergency. 

I Agree

Life Jackets/Protective Wear

 I will ensure my passengers and I each have a U.S. Coast Guard approved life jacket that is the proper size for the intended wearer, is in good and serviceable condition (including straps and zippers) and is properly stowed.  

I Agree

I understand that the U.S. Coast Guard recommends that I always wear a life jacket while underway on a boat and that many states require life jacket wear while operating a PWC. Iti s my responsibility to check with my livery operator or local Marine Patrol agency regarding state requirements. 

I Agree

I understand that it is highly recommended to wear protective clothing such as a wetsuit or wetsuit bottom while operating the PWC due to the risk of internal injuries if water is forced into body cavities as a result of falling into the water or being near the jet thrust nozzle.  

I Agree

Starting/Stopping the PWC

Before starting the engine, I will securely attach the engine shut-off cord/ lanyard to my wrist or life jacket and wear it at all times, keeping it free from the handlebars so that if I fall off of the PWC, the engine will stop.  

I Agree

I understand that in order to turn off the engine, I need to push the stop button. I understand that the throttle controls the speed of my PWC. I understand that I should apply the throttle lever on the handle to accelerate and release it to slow down.  

I Agree

Braking/Stopping

I understand that stopping the engine will not stop the forward motion of the PWC, and that on most PWC’s,steering control is lost when the throttle is released or when the engine is turned off.  

I Agree

Riding at Night

I will not ride at night, asI understand that my PWC does not come equipped with navigation lights and most states do not allow PWC operation at night.  

I Agree

Safe Operation

 When operating my PWC, I will maintain a proper lookout and scan constantly with sight and hearing, being alert for conditions that limit my visibility or block my vision of others.  

I Agree

I will always operate my PWC at safe speeds, taking into consideration the conditions around me, including other boats, weather, and visibility. I will refrain from weaving through vessels that are underway, stopped, moored or at anchor while exceeding a reasonable speed.   

I Agree

I will not operate my PWC at an excessive speed in a slow speed area or in a swimming area with swimmers present.  

I Agree

Negligent Operation

I will avoid making sharp turns and other maneuvers that make it difficult for others to avoid colliding with me or to understand where I am going.  

I Agree

I will not jump wakes or waves, nor will I steer toward an object or person and then turn sharply in close proximity to that object or person in order to spray or attempt to spray them with the wash or jetspray of the watercraft, as this is unsafe operation.  

I Agree

Towing

I will not tow with my PWC unless my PWC is designed and equipped for towing.  

I Agree

I have been notified by my rental livery operator about state/local requirements related to towing.  

I Agree

Children and PWC’s

I have been notified by my rental livery operator what the minimum age requirement is for children to operate a PWC, and I understand that just because a child can reach the throttle of a PWC doesn’t mean that they should.  

I Agree

Jet Drive Intake

I understand that the jet drive intake has tremendous suction and will pull loose items,such as long hair, sand, stones, fishing line, loose clothing, or life jacket straps through the jet drive.  

I Agree

I will keep these objects away from the intake grate. I will not apply the throttle when anyone is standing or swimming anywhere near the PWC.  

I Agree

Capsizing

If I capsize in open water, I understand I should swim to the rear oft he PWC and turn it upright. I am aware that a most PWC’s have a decal at the bottom or rear of the vessel that indicates the direction to roll your PWC to return it to an upright position.  

I Agree

First Participant's Name

First Name*

Last Name*

Phone*
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*
Check to receive information, news, and discounts by e-mail.
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Emergency Contact

In case of an emergency, notify: *

Relationship *

Phone: *
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.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
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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