You are about to start your JetSurf class, and your safety is our highest concern here at JetSurf. A few words about safety:
- Your safety, and the safety of others, is of the utmost importance.
- This information alerts you to potential hazards that could hurt you or others.
- Your safety is your responsibility. A little time spend in preparation will significantly reduce your risk of injury.
- JetSurf is an extreme sport that will require you to show ability to control our motorized boards.
- Safety comes first and you must operate the JetSurf responsibly an under control at all times.
- As a part of the class procedures, your instructor will teach you our Safety Rules and Boundaries Limits.
- Before class, and by signing the Participant Agreement, Release, and Assumption of Risk, you should know the instructor is allowed to stop the class if you present yourself in danger by exceeding safety rules or boundary limits.
- Class safety procedure will be applied in the form of a “3 call system”. If you do not follow or obey the safety rules, you will be called by the instructor to sharpen and emphasize the safety rule you did not follow.
1st Time you are found not following one of the safety rules will be your 1st call – you will be called by the instructor to sharpen and emphasize the safety rule you did not follow.
2nd Time you are found not following one of the safety rules will be 2nd call – again, you will be called by the instructor to sharpen and emphasize the safety rule you did not follow.
3rd Time you are found not following one of the safety rules will be 3rd call – you will be called by the instructor to end the class after exceeding our safety limits and being irresponsible and present yourself in a risk (class will come to an end without a refund.)
Safety regulations and boundary limits to follow:
- Always be aware of other boaters, jet skiers, and anyone else on the water at all times. Keep at least 50 yards distance from all other vessels and people.
- Safety distance: you cannot get close to the shore, docks, boats, and/ or other vessels; you will have to keep at least 50 yards of safety distance from the shore, docks, and boats. At the beginning of class, you will learn the boundary limits of jetsurfing. Exceeding this distance will be a violation of the safety regulations.
- Boundaries: you cannot go out to ‘open sea’. The instructor will show you at the beginning of the class the farthest place you can get to.
- Engine starting: you are allowed to start the engine again after it shut off, only with the permission of instructor. (Starting the engine without the instructor’s permission will be a violation of the safety regulations)
- At class time, while the instructor is in the water with you, you will have to ride always in front of the instructor and you will not be able to cross behind the instructor. (Crossing behind the instructor will be a violation of the safety regulations)
PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
To participate in this activity you must be 18 years of age with a valid identification and a major credit card for all possible damages to JetSurf. (Prices are subject to change without notice).
This is an important Legal document, which affects your legal rights and obligations. Before signing this Agreement, you should ensure that you fully understand its contents.
In consideration of the services of JetSurf Factory Shop LLC, JetSurf Academy USA LLC, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "JetSurf"), I hereby agree to release, indemnify, hold harmless, and discharge jet sir, on behalf of myself, my spouse, my children, my parents, my heirs, my assignees, my personal representatives and my estate as follows:
I acknowledge that my participation in JetSurf Water sport activities entails known and unanticipated risks that could result in physical and/or emotional injury, paralysis, death, or damage to me, the property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing essential qualities of the activities.
The risks include, among other things: slips and falls; the possibility of rough water; the possibility of rough shoreline; colliding with objects or other people; riders may be jolted, jarred, bounced, thrown about, and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers, equipment, or other objects; injuries can be sustained from the ride, equipment or from items on the water or land such as holes, bumps, rights, obstacles, tree limbs, branches, rocks, waves, coral rock, objects on the ocean floor; strains, sprains, broken bones, and musculoskeletal injuries including head, neck, and back injury; cuts, abrasions, and bruises; cardiac related illness; equipment failure; condition of the property; exposure to the elements of the outdoors and natural surroundings which could cause exhaustion, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; passengers and riders can be thrown off the vehicles, which can result in any of the above events occurring; collision and flipping over; the negligent of participants, or other persons who may be present, accidents or illness can occur in remote places without medical facility; my own physical condition, and the physical exertion associated with these activities.
Further, JetSurf employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I accept these activities with all defects and has known or unknown.
Because these activities can be strenuous and subject to risk of serious injury, JetSurf has urged me to obtain a physical examination from a doctor prior to engaging in any of these activities. I agree that if I engage in any of these activities, I do so entirely at my own risk.
I expressly agree and promised to accept and assume all the risk existing in these activities. My participation in these activities is purely voluntary, and I elect to participate in spite of the risks. I agree to participate in these activities with knowledge of the risks involved in participating, including the risk created by other people who may be participating in these activities at the same time as I am taking part. Other people may participate in the activity with a lack of skill and may cause danger to me. I have an obligation to myself and others participating in these activities to ride safely at all times. I will obey all directions given to me by or on the behalf of JetSurf concerning my participation in these activities. I am aware of the safety regulations and the boundaries limits. I authorize JetSurf to interrupt or suspend my participation in these activities if JetSurf determines that I have violated any of the safety regulations and will forfeit any amounts I have paid.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless JetSurf from any and all claims, demands, or causes of action, which are in any way connected to my participation in these activities or my use of JetSurf's equipment or facilities, including any such claims which allege negligent acts or omissions of JetSurf.
Should JetSurf or anyone acting on their behalf be required to incur attorneys’ fees and cost to enforce this Agreement, I agree to indemnify and hold harmless for all such fees and costs.
I certify that I have adequate insurance to cover any injuries or damages I may cause or suffer while participating, or else I agree to bear the cost of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
In the event that I file a lawsuit against JetSurf, I agree to do so solely in the state of Florida, and further agree that the substantial substantive law of Florida shall apply to the action without regard to the conflict of laws rules of Florida. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining documents shall remain in full force and effect.
By signing this document, I knowledge that if anyone is hurt or property is damaged during my participation in these activities, I may be found by a court of law to have waive my right to maintain a lawsuit against JetSurf on the basis of any claim from which I have released them here in.
I have had sufficient opportunity to read this entire document. I have had an opportunity to seek legal counsel regarding the same. I have read and understood it, and I have agreed to be bound by its terms.
Date: July 4, 2020
Notice – By signing this document you may be waiving certain legal rights, including the right to sue.
Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement
In consideration of being allowed to use the facilities, vessels, and participate in operating personal watercraft and other activities (collectively the “Activities”) provided by Jordan Davlin dba Jetsurf Houston (the “Host”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Activities or the use of any equipment provided by the Host (“Equipment”), including while receiving instruction and/or training. As used herein, the term “Equipment” shall include, but not be limited to, personal watercraft;
2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
Participant hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant’s participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment, facilities, and vessels before any participation.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
The Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (3) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three- member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
Today's Date: July 4, 2020
PERSONAL WATERCRAFT RELEASE AND WAIVER OF LIABILITY AND INDEMNIFITY AGREEMENT
The undersigned (hereinafter referred to as “Lessee”), have requested to engage in watersport activities utilizing the services of JetSurf Houston, LLC (hereinafter referred to as “JetSurf”) and/or to rent or operate a personal motorized watercraft owned by or in the custody and control of JetSurf (hereinafter referred to as “PWC”) along with any necessary safety equipment from JetSurf and to participate in PWC or boating activities sponsored by JetSurf, and in consideration for such, agree as follows:
1) Lessee Representations and Warranties
a) Lessee is twenty-one (21) years of age or older and is of sound mind and capable of entering into this Personal Watercraft Release and Waiver of Liability and Indemnification Agreement (“Agreement”).
b) Lessee has been trained to swim and/or has taken swimming lessons and is capable of suspending his or her head above water utilizing his or her own efforts (without assistance) for an extended period of time.
c) Lessee has reviewed and understands the rules governing the use of motor vehicles in the body of water in which they are to participate in the watersport activities utilizing the PWC or services of JetSurf and will abide by any and all local rules and regulations in operating the PWC, whether in an open body of water or marina.
d) Lessee will wear a life vest at all times during the operation of the PWC and/or while utilizing the services of JetSurf.
e) Lessee will not consume alcohol, drugs, or any other controlled substances while using the PWC and has not consumed any alcoholic beverages, drugs, or any other controlled substances for four (4) hours prior to participating in any watersport activities utilizing the PWC or any services of JetSurf.
f) Lessee received a copy of the instructions for the PWC and was provided a chance to review and ask questions regarding the instructions and is sufficiently comfortable in his or her understanding of the instructions.
g) Lessee will operate the PWC safely and in accordance with the instructions provided along with the rules and regulations of JetSurf.
h) Lessee will not operate the PWC within 500 feet of swimming areas, beach areas, or docks. Lessee will not operate the PWC near snorkelers, divers, or other vessels.
i) Lessee has adequate ability, health, and coordination necessary to operate the PWC and participate in the services provided by JetSurf.
j) Lessee is currently covered under a medical insurance policy.
2) No Warranty, Inherently Dangerous Activity, No Insurance Provided
a) Lessee is aware that riding any PWC involves many inherent risks, dangers, and hazards, including but not limited to: exposed rock, coral, reef, sand, natural or manmade objects, wild animals, predators, shells, equipment failure, operator error, waves, variations in daylight, sunstroke, heat stroke, fatigue, illness, dizziness, weather, wind, lightning, or rain which may impair visibility.
b) JetSurf makes NO WARRANTY, whether written or verbal, expressed or implied, as to any PWC and/or the services provided by JetSurf, including but not limited to: no warranty for merchantability, no warranty for fitness for a particular purpose, and no warranty for services to be rendered in a workman like manner.
c) Lessee hereby acknowledges that operating any PWC is a dangerous activity, with a high risk of serious bodily injury or death to other or the Lessee themselves. As such, JetSurf will provide no insurance covering the medical costs of Lessee and/or any other losses, injuries, or damages, whether suffered by Lessee or any third party, arising out of Lessee’s rental and operation of the PWC.
Lessee agrees to indemnify, defend, and hold harmless JetSurf and any employee, principals, insurers, agent, executive, officer, director, and/or owner of JetSurf (“ Indemnified Parties”) from any and all loss, liability, damage, or cost, including attorneys’ fees and expenses, arising from or in any way related to; Lessee’s rental of the PWC from JetSurf; Lessee’s participation in or use of the services rendered by JetSurf; Lessee’s presence on any premises occupied by JetSurf; and/or the Lessee’s use of the PWC and/or services of JetSurf on any municipal, state, or federally regulated or owned body of water. Lessee’s obligation to indemnify Indemnified Parties shall remain enforceable even to the extent said losses, liabilities, damages, and/or costs are caused by the negligence or gross negligence of Indemnified Parties.
4) Assumption of Risk and Responsibility
Lessee agrees to assume responsibility for all risks associated with the rental and use of the PWC and/or services to be provided by JetSurf whether identified above or not. 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 arising out of or associated with Lessee’s rental of the PWC and/or the services provided by JetSurf, even if caused, in whole or in part, by the negligence or gross negligence of the Indemnified Parties.
5) Release of Liability
Lessee hereby releases Indemnified Parties and each and every land owner, municipal and/or governmental agency upon whose property any watersport activity are conducted from any and all liability of any nature for any and all injury, damage, or loss (including but not limited to bodily injury or death) to Lessee, Lessee’s minor children, or any third party associated with or arising out of of Lessee’s rental of the PWC or participation in the services provided by JetSurf, even if caused by the negligence or gross negligence of the Indemnified Parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by themselves in their individual capacity or by their duly authorized representatives as indicated below:
Today's Date: July 4, 2020