LOS ANGELES WAKE
PERSONAL WATERCRAFT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
I, the undersigned (hereinafter referred to as “Lessee”) , have requested to engage in watersports activities by the business trading as Los Angeles Wake (hereinafter referred to as LA Wake) which includes the owner(s) and/or business and/or to rent or operate a personal watercraft (hereinafter referred to as “PWC”) and/or to participate in PWC activities provided by Los Angeles Wake, and in consideration of being permitted to, for any purpose: a) enter the premises occupied by Los Angeles Wake b) rent and/or operate PWC and/or; c) participate in PWC activities, I, for myself, my personal representative, heirs, next of kin, executors, administrators, successors, and assigns, hereby:
A. Lessee agrees to RELEASE, REMISE, AND DISCHARGE Los Angeles Wake, the owners and operators of the PWC activities provided by Los Angeles Wake, the owners and licensors of the premises occupied by Los Angeles Wake and their respective servants, agents, employees, and officers (hereinafter referred to as “releasees”), from all liability to me, my personal representatives, heirs, next of kin, administrators, successors, and assigns, and for any and all loss or damage, any claims or demands on account of injury to me or any other person, whether or not the injury results in death, or damage to any property whether or not the property is owned by me, arising from, or in any way related to my presence on the premises occupied by Los Angeles Wake and/or my participation in any activities provided by Los Angeles Wake, INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE, INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE RELEASEES’ NEGLIGENCE.
B. Lessee AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES on account of injury to me or to any other person, whether or not the injury results in death, or account of damage to any property, whether or not the property is owned by me, arising from, or related to, my presence on the premises occupied by Los Angeles Wake, whether or not these injuries or damages were caused by the releasees’ negligence.
C. Lessee AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES from any loss, liability, damage, or cost that may incur, including attorneys’ fees, arising from, or in any way related to, my presence on the premises occupied by Los Angeles Wake, my operation of a PWC rented from or owned by Los Angeles Wake, and/or my participation in any activities provided by Los Angeles Wake. Lessee acknowledges all responsibility for the safe and proper operation of the personal watercraft and for the safety and welfare of other boaters and persons. It is agreed and understood by Lessee that Los Angeles Wake shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the personal watercraft. Lessee further agrees to indemnify and hold harmless Los Angeles Wake against any and all claims for loss or damage to property or injuries to persons (including death) resulting through the use, operation or possession of the personal watercraft. Lessee further agrees to release and hold Los Angeles Wake and its respective directors, officers, shareholders, members, agents, employees, representative, successors and assigns harmless should loss or damage occur to any Lessee’s personal property while carried in or on the personal watercraft or while in Los Angeles Wake possession, including loss or damage caused by fire, water, theft and any cause whatsoever.
D. Lessee ASSUMES THE RISK OF BODILY INJURY, DEATH, OR PERMANENT DAMAGE, whether due to the negligence of RELEASEES negligence, my negligence, or any other reason or factor, while upon the premises, while operating a PWC rented from or owned by Los Angeles Wake, and/or while participating in any activities provided by Los Angeles Wake.
E. ACKNOWLEDGMENT OF RISKS. Lessee acknowledges that some, but not all, of the risks of participating in the watersport activity include: (1)changing water flow tides, currents, wave action and ships’ wakes. (2) collision with any of the following: other participants’ watercraft, other watercraft and manmade or natural objects. (3) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature. (4)Lessee sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions. (5)collision, capsizing, sinking or other hazard which results in wetness, injury exposure to the elements, hypothermia, and/or drowning. (6) the presence of insects and marine life forms. (7)equipment failure or operator error. (8)heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration. (9)fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of accident
F. EXPRESS ASSUMPTION OR RISK AND RESPONSIBILITY. Lessee agrees to assume responsibility for all risks of the activity, whether identified above or not (EVEN THOSE RISKS OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). Lessee’s participation in the activity is purely voluntary. Lessee assumes full responsibility for himself/herself and any of his/her minor children for whom he/she is responsible, for any bodily injury, accident, illness, paralysis, death, loss of personal property and expenses thereof as a result in any accident which may occur while Lessee participates in the activity (EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW).
G. RELEASE OF LIABILITY. Lessee hereby releases Los Angeles Wake, its principals, directors, officers, agents, employees and volunteers, their insurers, individually and each and every land owner, municipal and/or government agency upon whose property an activity is conducted (“owner”) and their insurers, if any, (collectively “Releasees”) FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO LESSEE OR LESSEE’S MINOR CHILDREN AND OF OTHER PERSONS as a result of Lessee’s participation in any activity EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING LESSEE).
H. Lessee has carefully read the Agreement pertaining to the ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY. Those provisions are incorporated herein by reference as if set forth in full. LESSEE HEREBY REPRESENTS AND CERTIFIES THAT HE/SHE HAS READ THE ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY PROVISIONS AND THAT HE/SHE UNDERSTANDS THAT BY SIGNING THIS DOCUMENT HE/SHE IS WAIVING VALUABLE LEGAL RIGHTS INCLUDING ANY AND ALL RIGHTS THAT HE/SHE MAY HAVE AGAINST LOS ANGELES WAKE, AND ITS EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS and any officer of the company either individually or as a whole. Lessee enters into this Agreement for himself/herself and for any minor children for whom he/she is parent, legal guardian or otherwise responsible.
I agree and understand that:
1. RENTAL. In consideration of the Agreement herein, Los Angeles Wake does lease to the Lessee a certain PWC and Lessee agrees to lease the PWC from Los Angeles Wake on the terms and conditions set forth in this agreement and to pay Los Angeles wake the rate stated. There will be no refunds in the event of an early return.
2. DEPOSIT. Lessee agrees to provide Los Angeles Wake with a deposit in the amount of Two Hundred Fifty Dollars ($250.00) and/or a credit card and driver’s license to be held for the duration of the ride which deposit shall serve as security for and may be applied against any damage or charges that may be due to Los Angeles Wake as provided herein.
3. Lessee understands that that he must be at least eighteen years of age to operate a PWC. Los Angeles Wake requires Lessee to be a licensed vehicular driver. Lessee understands that approved personal flotation devices must be worn at all times.
4. Each person aboard a personal watercraft must wear a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V, which is properly fitted and fastened.
5. No person shall operate a personal watercraft on the waters of this state after sunset or before sunrise.
6. No person shall operate a personal watercraft on the waters of this state in excess of five miles per hours within 100 feet of any moored or anchored vessel, shore, wharf, dock, pier, piling, bridge structure or abutment, or a person in the water.
7. LAWS. Lessee agrees that he/she will operate the personal watercraft in accordance with Los Angeles Wake Rules and in accordance with all laws of California governing the operation of the PWC, included but not limited to local, state and/or federal laws, rules and regulations. Lessee further agrees to personally pay any ticket, citation or suit arising from his/her use of the PWC and agrees to operate the personal watercraft in a safe and law abiding manner.
8. Los Angeles Wake SAFETY RULES. Lessee shall familiarize himself/herself with all operating instructions for the PWC. Lessee shall assure that the personal watercraft is used in a safe manner utilizing the highest standard of care to avoid injuries and damage to the PWC or other property. The PWC shall not be used in connection with stunts, racing, the towing of person or property, or any other use which might result in injury to person or damage to property. Lessee represents that he/she is familiar with the operation of the PWC and that he/she has read and understands the Safety Rules and which are incorporated herein by reference and Lessee further agrees to comply and abide with each and every one of these Safety Rules.
9. My participation in PWC or boating activities, as with any watersport, will test my physical and mental limits, involves very powerful machinery, and exposes me to dangers associated with the operation of PWC. These dangers include, without limitations: collisions with other vessels, fixed objects, persons in the water, or objects in the water; exposure to the elements; mechanical breakdown; loss of control of the vessel; falling off the vessel; sinking of the vessel; drowning; and other dangers known or unknown. I understand these rules and assume the risk of harm presented by these damages.
10. FAILURE TO OBEY AND LISTEN TO LOS ANGELES WAKE INSTRUCTIONS WILL RESULT IN A TERMINATION OF YOUR RENTAL WITHOUT A REFUND.
11. My presence on the premises operated by Los Angeles Wake and/or my participation in the PWC or boating activities organized by Los Angeles Wake exposes me to the potential risks that include, without limitations: death or serious injury to myself and/or others; and damage to property owned by me, Los Angeles Wake, and/or others.
12. PWC or boating activities may pose an additional danger to persons with pre-existing physical injuries or conditions, or other conditions, or to pregnant women. I am not aware of any physical or mental conditions that may affect my ability to participate in PWC or boating activities or that may be aggravated by the participation in such activities. Alternatively, I acknowledge that I have consulted with my physician who has advised me that I may participate in these activities without restrictions.
13. I will NOT participate in any PWC or boating activities provided by Los Angeles Wake while my ability is impaired by alcohol, drugs, or otherwise. If found by discretion of Los Angeles Wake’ staff to be impaired by said substances I further agree that my rental will be terminated and no refund will be provided.
14. In the event of malfunction or breakdown of the craft, or if any defect occurs during the rental period, I shall immediately report any unusual problems to Los Angeles Wake. Continued use of the craft in any of these circumstances shall be entirely at my risk and I shall then be under the obligation to assume any and all liabilities resulting from bodily injury, loss, or damage caused to all persons and property that may become involved in any accident.
15. Los Angeles Wale reserves the right to cancel any rental due to inclement weather or other unsafe circumstances. I acknowledge that this is entirely left to the discretion of Los Angeles Wake.
16. Los Angeles Wake will provide me with oral instructions concerning the operation of the PWC that I am renting from Los Angeles Wake. I will not participate in PWC activities unless I receive and understand these instructions. By participating, I acknowledge that I have received and understood these instructions.
17. When operating a PWC, I, the operator will allow sufficient time and distance to stop the vessel. I realize that riding a PWC is not like driving a car and I will not participate in any PWC or boating activities unless I completely understand this concept. By participating, I acknowledge that I understand this very important concept.
18. PWC and other-powered boats DO NOT STEER OR TURN WITHOUT PROPULSION.
19. I will have the opportunity to inspect the PWC or other watercraft that I am renting from Los Angeles Wake before I board the vessel. I will not participate in any PWC until I inspect the vessel and I am satisfied with its condition. By participating, I acknowledge that I have conducted this inspection.
20. I acknowledge that Los Angeles Wake is not a manufacturer of the PWC that I am renting and it does not make any representations, warranties of, or covenants, expressed or implied, with the respect to the condition, quality, durability, or suitability of the PWC.
21. I agree that I will not allow any other person to operate the vessel that I am renting from Los Angeles Wake unless that person is a Los Angeles Wake employee or agent.
22. I agree to return the vessel that I have rented from Los Angeles Wake within the rental period that I negotiated. If I fail to return the vessel to Los Angeles Wake for any reason other than mechanical malfunction that is not caused by misuse of the vessel, I agree to pay an additional sum equal to the standard hourly rental rate (or fraction thereof) that exceeds the rental period that I negotiated. 23. IT IS MY DUTY TO ASK LOS ANGELES WAKE TO FURTHER EXPLAIN ANY MATERIALS, RULES, REGULATIONS, OR INSTRUCTIONS THAT I DO NOT UNDERSTAND BEFORE I START MY RENTAL. I WILL NOT PARTICIPATE IN ANY PWC OR BOATING ACTIVITY IF I DO NOT UNDERSTAND ANY PART OF ANY MATERIALS, RULES, DETAILS, REGULATIONS, OR INSTRUCTIONS.
24. I understand that I am liable for all damages and costs incurred as a result of my negligence including but not limited to damages and lost rentals due to damage to any vessel. I agree to reimburse Los Angeles Wake for these repairs and other costs. 25. I understand that I am responsible for the PWC that I am renting as well as any PWC, boat, structure, or any other matter or property that I may come in contact with. If I am involved in any type of accident that damages the property of other people I will pay them for their losses.
SIGNING BELOW CERTIFIES THE FOLLOWING:
I HAVE READ THE ABOVE ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY PROVISION AND IN CONSIDERATION OF BEING PROVIDED WITH WATERSPORT RECREATIONAL PROPERTY OR SERVICES AND/OR BEING ALLOWED AS A PASSENGER ON A PWC FOR MYSELF AND ANY MINOR CHILDREN FOR WHOM I AM PARENT, LEGAL GUARDIAN OR OTHERWISE RESPONSIBLE AND FOR MY HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, I AGREE TO BE BOUND BY THE AFORESTATED PROVISIONS CONTAINED WITHIN THE ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY AND I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST LOS ANGELES WAKE, THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS. I HAVE READ THE TERMS AND CONDITIONS OF THIS PERSONAL WATERCRAFT RENTAL AGREEMENT AND AGREE TO THEM.
LESSEE IS EXPERIENCED AND CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF A CRAFT SUCH AS THE PWC RENTED. LESSEE HAS READ THE RENTAL AGREEMENT IN ITS ENTIRETYAND FULLY UNDERSTANDS THE TERMS AND CONDITIONS AS SET FORTH.