WAIVER AND RELEASE OF LIABILITY AGREEMENT - Florida
I. DISCLAIMER - This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES. *(For purposes of this Waiver and Release, the term “Rental Company” includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Rental Company all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Rental Company of all potential operators, passengers, or 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 Rental Company.
II. ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action and ships’ wakes; 2) Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms, including, but not limited to sharks and/or sting rays; 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature, 9) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration. Further, the undersigned understands that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.
III. EXPRESS ASSUMPTION OF RISK - The undersigned hereby agrees that he/she is renting, taking part of, operating or using the equipment provided by Rental Company 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, The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk of injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Rental Company.
IV. WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Rental Company from any and all liability of any nature for any and all injury or damage 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 Rental Company regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Rental Company shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Rental Company shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY RENTAL COMPANY, whether 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 Rental Company.
V. LIABILITY TO THIRD PARTIES - The undersigned hereby agrees that he/she will indemnify and hold harmless Rental Company 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 Rental Company, even if such damages arise out of the negligence or fault of Rental Company.
VI. 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 Rental Company 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 Rental Company for Rental Company’s negligence.
***READ RELEASE BEFORE SIGNING***
RULES AND CONDITIONS
Please check the box where it says I AGREE:
In consideration of being permitted to lease a watercraft and/or equipment (any equipment) from Lessor, Lessee or signer further agree(s):
(a) to the 48hr cancellation policy, and, that there will be no refunds for leased watercraft and/or equipment returned early OR late arrival past appointment time(30 min prior to the departure/reservation time), and, that all leased watercraft and/or equipment is due in at ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES no later than 5:00 PM EST. Lessee(s) further agree that no refunds or discounts, except due to weather.
(b) to keep said watercraft and/or equipment in a safe place and not to leave leased watercraft and/or equipment unattended;
(c) not to allow the operation of watercraft and/or equipment in a negligent, careless, or needlessly rough manner or in violation of any laws, ordinances, or regulations; Lessee(s) further agree and understand It is SOLELY the responsibility of lessee(s) and/or all operators and/or boat drivers to know and obey all Florida State Boating Laws & Regulations. Lessee(s) further agree it is the responsibility of the Pilot and/or Operator and/or boat driver to understand operation of leased watercraft and/or equipment and not the responsibility of ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES or its staff.
(d) to pay for all damages to and losses of watercraft and/or equipment during the term of this lease agreement,
(e) to return to ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES dock for any & all leased watercraft fuel needs.
(f) to pay the Lessor replacement cost of any and all rented and/or leased equipment including watercraft, towables, trailers, motors, ladders, propellers, railing, bimini sun tops, anchors, and any and all parts, assemblies, and pieces of equipment or items rented or leased by lessee from upon demand by ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES if rented items are damaged or excessively worn in anyway.
(g) to pay any and all attorneys fees and court costs associated with collecting repair and/or replacement costs of said leased watercraft and/or equipment.
(h) Lessee(s) further agree to operate watercraft and/or equipment at a safe distance from watercraft or obstacle, and to maintain a minimum of 200 foot safe operating distance from any skiing, swimming, or other activity.
(i) Lessee(s) further agree that they understand the boundaries.
(j) Lessee(s) further agree and understand that only minimal watercraft operation instructions will be provided by ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES & its staff .
(k) Lessee(s) further agree that it is the responsibility of the Lessee(s) to to acquire or collect and make available during their voyage all the necessary informative instruction, laws, regulations, and guidelines to persons on board the watercraft.
I AGREE to (a) through (k)
Please read the -------Captains PEARLS of Wisdom
1. All operators are responsible for maintaining compliance with Florida boating laws & regulations. (A copy of Florida Boating Laws and Responsibilities is on board your boat before you begin your voyage.)
2. LIFE JACKETS REQUIRED: One life vest (PFD) per person (minimum) & one throwable PFD MUST BE ON BOARD These are provided at no additional cost. CHILDREN 8 YEARS OLD AND UNDER SHOULD WEAR PFD AT ALL TIMES. Its your responsibility to have this equipment on board before you begin your voyage.
3. DO NOT ALLOW PASSENGERS TO RIDE FORWARD OF THE FRONT RAIL GATE or on the bow (FRONT OF BOAT). There is no escaping death by propeller if one falls off the front of a pontoon boat. Keep all gates closed when motor is running!!
4. DO NOT ALLOW PEOPLE TO SWIM NEAR REAR OF BOAT. DO NOT SWIM AROUND MOTOR The propeller will KILL.
5. Watch in all directions for other boats, boaters, swimmers, and obstacles. Ask passengers to help keep watch also. Always give others the right of way.
6. Know your departure/return location.
7. OFF LIMITS AREAS: Do not go near the Public Beach areas for any reason (State Law).
8. Operator MUST OBSERVE BOAT HEIGHT & CLEARANCE before going under bridges. Proceed slowly with caution.
9. SPEED LIMITS: KEEP IT SLOW when coming and going to and from dock area. There are other speed limit zones. Watch for NO WAKE ZONES and MANATEE ZONES.
10. NO GRILLING OR COOKING ON BOARD. NO FIRES ON BOARD BOAT
11. WHEN IN SHALLOW WATER raise motor. Keep propeller and anti-cavatation plate under water.
12. Raise & retract LADDER before starting motor and when in shallow water. Ladders bend or break easily.
13. KNOW HOW TO START YOUR MOTOR. Be sure motor is tilted down so propeller & anticavitation plate are submerged.
14. Check your fuel gauge. Return to ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES fuel dock (your starting point) for refuel. Do not purchase fuel elsewhere (unless discussed specifically with an employee of ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES), as ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES uses non-ethanol fuel only. It is the operators responsibility to maintain fuel level awareness from voyage beginning to safe return.
15. Know your due in time before leaving. ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES operates on Eastern Daylight Savings time. Your return time is recorded on your Pre-trip checklist.
16. DO NOT TOW ANY OTHER VESSELS WITH THE PONTOON BOATS.
(I AGREE TO THESE RULES)
The Damage Deposit
A damage deposit of $500.00 will be collected for each watercraft rented. During the return process, (docking, fueling and cleaning), a ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES representative will inspect the watercraft for damage. The deposit will be applied toward the cost of the repairs of any and all damages suffered to the watercraft. If the cost of damages exceeds the damage deposit, Lessee agrees he/she is fully responsible for the remainder of the costs incurred to repair or replace the watercraft to the same condition as the time the rental agreement was started. Furthermore, the Lessee understands and agrees that he/she who is known to ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES as the Operator, is the only person allowed to use the watercraft for the entire rental period. The Operator also understands that he/she is responsible for the retrieval and/or replacement of the watercraft, life jackets or any safety items, if these items are in any way lost, stolen or misplaced during the rental period. Should any damages exceed the $500 damage deposit, ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES will provide an itemized repair bill. This repair bill, including lost rental time, and reasonable attorneys fees must be paid in full upon Users presentation of the bill. User shall be responsible for damages at and beyond the $500 damage deposit.
Condition of Boat upon Return
The Lessee shall return the Boat to ENDLESS SUMMER WATERSPORTS/ ENDLESS SUMMER VENTURES/ SPEED BOAT ADVENTURES on or before the termination date and at the specific location clean and free of garbage and debris, in the same condition in which the boat was rented, including all parts, accessories, rigging, and condition of fiberglass, with ordinary wear and tear being acceptable.
Late Return/Cleaning Fee
If the boat is returned after the agreed return time, a Fee of $75.00 for each half hour will apply, unless other arrangements are made. If the boat is returned excessively DIRTY or SANDY there will be a $75 cleaning fee.
Lessee has read and understands all of the terms, conditions, and rules set forth above, and agrees to all terms without reservation. The information supplied on this agreement by Lessee(s) is true and correct.
Today's Date: October 2, 2023