Only jet ski drivers need to complete waiver. (Ages 14 and up)
A seperate waiver must be completed for every driver.
January 19, 2021
This lease agreement made between Woody’s Watersports, L.L.C., hereafter called “Lessor” and the individual(s) named below, hereafter called “Lessee,” for the lease of the equipment specified below is made subject to the terms and conditions listed below. **Each Lessee Must initial in the box provided under each paragraph.***(please separate initials by a comma). Business hours are 8 a.m. to dusk. All rental equipment must be returned within these hours in order to obtain a deposit refund. The term of this lease agreement shall be from starting time, "Time Out" until the leased equipment is returned to Lessor. The Lessee agrees to make redelivery of the leased equipment as stipulated and further agrees to the hourly charge for the time that redelivery is delayed.
Lessee named above represents that a) Lessee is 18 years of age or over; b) Lessee is free from any physical infirmity, chronic illness, or mental disorder which could affect Lessee’s safe operation of leased equipment; c) Lessee is knowledgeable about power boating so as to provide safe operation of the leased equipment; and d) no person born after Jan. 1, 1988 will be allowed to operate the leased equipment without a Florida Safe Boater ID card.
Lessor will supply one (1) U.S. Coast Guard approved life vest for each person on board. Lessee agrees that he/she and all persons on board will abide by all Rules and Regulations of the U.S. Coast Guard and the statutes of the State of Florida. Lessee agrees that he/she will operate the leased equipment in a safe and prudent manner and will conform strictly to the above statutes, rules and regulations.
During the term of this agreement, Lessee shall be solely responsible for the safe and careful operation of the leased equipment. Lessee acknowledges that he/she has examined the rental equipment prior to taking possession and finds it to be in good condition. Lessee shall be liable for and will pay for any and all loss or damage to the leased equipment during the term of this lease resulting from any cause whatsoever as well as any consequential and/or incidental damages arising during or after the term of this lease. Such damage shall include but shall not be limited to: damage in whole or part to the motor, propeller, hull, deck, windshield, lights, antenna, and other fixtures; theft, destruction in whole or in part; towing charges, repair labor cost; and the loss of rental income to Lessor resulting from Lessor’s inability to lease the equipment during the period of time when repairs or replacement of the damaged equipment is being accomplished. Reasonable costs to repair and damages will be deducted from the damage deposit but said damage deposit will not operate as a limit upon the amount of damages for which the Lessee may be held liable.
Lessee assumes all risks and liability for injuries to or deaths of persons and damage to property, whether or not insured, arising from an incident resulting from the use, operation, or possession of the leased equipment, whether such injury or death is to persons in the leased equipment. Lessee shall indemnify Lessor against and hold Lessor harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liability including attorney’s fees resulting from or arising out of the use, operation, or possession of the leased equipment, whether or not same is due in whole or in part to the negligence, strict liability or other fault of Lessor, its agents or employees. The indemnities and assumptions of liabilities and other obligations herein provided for shall continue in full force and effect notwithstanding the expiration or any other termination of this lease, and shall be effective regardless of any insurance coverage by Lessor. Lessee further grants to Lessor the right to recover reasonable attorney’s fees and costs incurred in the enforcement of this indemnity provision.
In the event of any collision, accident, or casualty involving the leased equipment, Lessee agrees to furnish the Lessor with a complete report of the same immediately, in writing, including the names and addresses of all witnesses and parties that were involved.
Lessee hereby releases, waives and discharges Lessor, its owners, members, employees, and agents from all liability to the Lessee, his/her spouse, legal representatives, heirs, and assigns from any and all loss or damages and any claim or damages resulting therefrom on account of injury or death to Lessee and his/her guests, or damages to or loss of their property whether caused by Lessor’s negligence or otherwise while Lessee is in the possession or operation of the leased equipment or while Lessee participates in other activities or services provided by Lessor.
Lessor makes no representation or warranty of any kind, nature, or description, written or oral, expressed or implied, with respect to the leased equipment including, without limitation, the condition of the lease equipment, its merchantability, or its fitness for any purpose. As to Lessor, therefore, Lessee expressly agrees that he/she leases the equipment “as is.”
Damage assessments will be the exclusive right of Lessor or its agents. In the event Lessor and Lessee are unable to settle on the amount of damages caused or incurred by Lessee during the term of the lease, Lessee agrees that the venue for settlement of any kind and all claims made by the Lessor shall be in Pinellas County, Florida. Lessee shall be responsible for the legal fees incurred by Lessor in the pursuit of any such damages.
Lessee hereby grants Lessor the right to utilize any photograph or likeness of Lessee for the Lessor’s advertising or promotional use.
Lessee by his/her signature(s) below affirms that he/she has read the above terms and conditions and agrees to same as a condition of the lease and has received pre-rental instructions including but not limited to: a) operational characteristics of the vessel rented; b) save vessel operation and right of way; c) responsibility of the operator for safe operation; d) local characteristics of the waterway where the vessel will be operated.
*ALL DEPOSITS WILL BE HELD AS A GROUP DEPOSIT I hereby authorize Woody’s Watersports, L.L.C. to charge any and all costs resulting from damage to the leased equipment and/or loss of revenue as a direct result of said damages to my credit card.
I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH JET SKI & WATER SPORTS RECREATIONAL ACTIVITIES, including but not limited to equipment failures perils of the sea,acts of other participants,and adverse sea and weather conditions, and I HEREBY ASSUME SUCH RISK. I UNDERSTAND THAT I HAVE THE DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO. I assert that I am physically and mentally fit to ride on a Jet Ski and/or participate in Water Sports Recreational Activities and I will not hold Woody's Watersports, LLC or their employees, agents, or other associated personnel responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while chartering the equipment or otherwise participating on the trip. I fully understand that Woody's Watersports, LLC has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions. Woody's Watersports, LLC, have made no representations to me, implied or otherwise, that they or their Employees can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid, I would like assistance and will not hold Woody's Watersports, LLC or their employees responsible for their actions in attempting the performance or rescue of first aid. I agree to forever discharge and release Woody's Watersports, LLC its Employees and Agents and Affiliates, from any and all responsibility or liability for any and all injuries to myself, to others and damages to the property belonging to Woody's Watersports, LLC. I agree NOT to make a claim against or sue any of the above parties for injuries. I further specifically agree, on behalf of myself, and my heirs, to indemnify and hold harmless the released parties for any and all causes of action arising as a consequence of any incidents which might occur during my participation in any activities with or involving the released parties.
I HAVE READ THIS AGREEMENT, UNDERSTAND AND AGREE TO BE BOUND BY IT, FROM THE DATE OF MY SIGNATURE, FOREVER INTO THE FUTURE.
By typing your name below, you agree to all terms of the these as stated above.
Today's Date: January 19, 2021
Reservation date: January 19, 2021