Rental Agreement for Personal Watercraft
This Rental Agreement is between the below-signed renter (“Renter”) and Lake Powell Powersports LLC (“LPP”) for the rental of the below-described personal watercraft (“the PWC”).
1. Purpose. The purpose of this agreement is to establish the terms and conditions by which Renter will rent the PWC from LPP.
2. Validity. This agreement will be valid on the date entered into by the parties until such time as it is modified or terminated in writing by mutual agreement to the parties of this agreement. For as long as this agreement is valid, including any written modification thereof, it will cover Renter’s rental of the PWC.
3. Promises Made by LPP. LPP agrees to rent the PWC to Renter.
4. Promises Made by Renter.
a.Renter is capable of operating the PWC.
b.Renter is at least 18 years of age.
c.Renter shall not operate the PWC unless each person aboard is wearing a wearable personal flotation device.
d.Renter will use the PWC solely for the purpose for which it is intended and shall not operate or knowingly allow another person to operate the PWC in a reckless or negligent manner.
e.Renter will not overload the PWC and/or operate the PWC with passengers or cargo beyond its safe carrying capacity or the manufacturer's recommended limits.
f. Renter shall not allow additional passengers on the PWC unless expressly permitted by LPP in writing in Section 8 below prior to use.
g.Renter shall not smoke or allow smoking on the PWC.
h.Renter will not possess alcoholic beverages while on the PWC. Renter will allow LPP to inspect Renter’s coolers, bags or other containers for alcoholic beverages.
i. Renter shall not allow animals on the PWC.
j. Renter shall not fish from the PWC
k. Renter shall not swim from the PWC.
l. Renter shall not operate the PWC under the influence of alcohol or illegal drugs.
m. Renter agrees that except in case of emergency no person under the age of 18 years may operate the PWC.
n.Renter agrees not to alter the PWC in any way.
o.Renter agrees that the PWC shall only be operated by the Renter, as identified in Section 8 below. p.Renter agrees to be responsible for all damage caused to the PWC while in use by Renter. In the event of such damage, LPP reserve the right to charge Renter for the repair of the PWC, and Renter promises to promptly pay for the repair of such damage upon LPP’s demand.
5. Return of the PWC. Renter agrees to return the PWC to LPP free of garbage and debris and in the same condition it was received by Renter, ordinary wear and tear excepted, on the date, at the time, and at the Location of Rental Return specified in Section 8 below. If Renter fails to return the PWC pursuant at the End of Rental Period to the Location of Rental Return, Renter agrees to let LPP charge Renter’s credit card for all rental charges incurred until the PWC is returned. If Renter fails to return the PWC to the Location of Rental Return and the End of Rental Period, Renter agrees to pay a late fee of $100, plus $50 per hour until the PWC is returned to the Location of Rental Return. Late fees may be deducted from the Security Deposit.
6. Security Deposit. Renter agrees to provide LPP with a Security Deposit, as described in Section 8 below, to be held for the duration of the rental period, and which shall serve as security for and may be applied against any damage or charges that may be due to LPP as provided herein. Renter shall be responsible for any damage to the PWC incurred during the rental period. LLP shall retain the portion of the Security Deposit necessary to cover the monetary value of repairs for such damages. If the monetary value of repairs to the PWC exceeds the value of the Security Deposit, Renter agrees to pay the difference between the value of repairs and the value of the Security Deposit. LPP’s application of any portion of the Security Deposit towards repairs or charges shall not be LPP’s exclusive remedy for damages, charges, or other monies that may be due to LPP under this agreement.
If the Security Deposit is not applied to repairs or charges as described above, LPP shall return the Security Deposit to Renter within 5 business days of the End of Rental Period and return of the PWC to the Location of Rental Return.
7. Payment Terms. Renter agrees to pay the Total Cost of Security Deposit and Total Cost of Rental up-front and in full. If Renter requests and is granted permission to extend the End of Rental Period, LPP will charge Renter’s credit card for an additional contract term within 5 business days of the extension commencement date.
8. Identification of the PWC. LPP will assign the renter a PWC that will be documented and evidenced with a signature by the renter via the Rental Terms and PWC Identification form. Renter’s assent to Rental Terms and PWC Identification, attached hereto and incorporated herein by reference, is a precondition of this Rental Agreement.
9. Waiver and Release of Claims. Renter’s assent to the Waiver and Release of Claims, attached hereto and incorporated herein by reference, is a precondition of this Rental Agreement.
10. Condition of PWC. LPP will document the physical condition of the PWC prior to the release via video recording that will be made available to the renter upon request. The Renter is required to locate and identify all previous damages and document such damages on the PWC condition and Identification form. Renter’s assent to the Rental Terms and PWC Identification, attached hereto and incorporated herein by reference, is a precondition of this Rental Agreement.
11. Terms of Rental. Renter’s assent to the Rental Terms and PWC Identification, attached hereto and incorporated herein by reference, is a precondition of this Rental Agreement.
12. Identification of the Renter
The Renter shall provide all identifying and contact information below
I have read and understand the foregoing Rental Agreement and further attest that I have accurately represented the above listed information and it is true and correct. I agree to all terms and conditions set forth above and evidence that agreement with my signature below.
Assumption of Risk, Waiver, and Release
The Rental Agreement (hereinafter “the Agreement”) signed by undersigned Renter is incorporated in full herein by reference.
This Assumption of Risk, Waiver and Release is between the below-signed renter (“Renter”) and Lake Powell Powersports LLC (“LPP”) for the rental of the personal watercraft (“the PWC”) described in the Rental Agreement.
I on behalf of myself and my spouse, if any, and our heirs, successors, and assignees:
1. Acknowledge and understand that operating a PWC may involve a variety of risky activities, including: (1) changing water flow tides, currents, wave action and ships’ wakes, (2) collision with any of the following: other watercraft and manmade or natural objects, (3) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature, (4) Renter 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 reaction time and increase the risk of accident, (10) other risks that flow from watersports or use of PWC.
2. Acknowledge that medical care facilities may not be immediately available and I accept the increased risk that may pose in the event of injury.
3. Agree that any medical costs, including emergency medical treatment that may be incurred as a result of this rental will be my financial responsibility.
4. Assume risk and responsibility for all risks involved in the rental, whether identified above or not (even those risks out of the negligence of LPP). Renter’s participation in the rental is purely voluntary. Renter 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 Renter participates in the rental (even if caused, in whole or in part, by the negligence of LPP).
5. Assume the risk of bodily injury, death, or permanent damage, whether due to the negligence of LPP, Renter’s negligence, or any other reason or factor while on the property of LPP, while operating a PWC rented from or owned by LPP, and/or while participating in any activities sponsored by LPP.
6. Release, remise, and discharge LPP, the owners and licensors of the premises occupied by LPP and their respective servants, agents, employees, and officers, from all liability to Renter, Renter’s 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 Renter 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 Renter, arising from, or in any way related to Renter’s presence on the premises occupied by LPP and/or Renter’s participation in any activities performed or sponsored by LPP including, without limitation, loss, damage, injury, death, or property damage caused by the LPP’s negligence.
7. Agree not to sue LPP, their officers, employees, agents, and assigns, and waive all claims, demands, losses, or damages on account of personal injury, partial or permanent disability, property damage, or death, caused or alleged to be caused in whole or in part by the actions of any person or entity, to the fullest extent allowed by law.
8. Agree to indemnify, defend, and hold harmless and release from any loss, liability, damage, or cost that may incur, including attorneys’ fees, arising from, or in any way related to, Renter’s presence on the premises occupied by LPP, Renter’s operation of a PWC rented from or owned by LPP, and/or Renter’s participation in any activities performed or sponsored by LPP. Renter 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 Renter that LPP and its directors, officers, shareholders, members, agents, employees, representative, successors and assigns shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the PWC. Renter further agrees to indemnify and hold harmless LPP and its directors, officers, shareholder, member, agents, employees, representative, successors and assigns from and against any and all claims or loss or damage to property or injuries to persons (including death) resulting through the use, operation or possession of the PWC. Renter further agrees to release and hold LPP and its respective directors, officers, shareholders, members, agents, employees, representative, successors and assigns harmless should loss or damage occur to any Renter’s personal property while carried in or on the PWC or while on LPP’s property, including loss or damage caused by fire, water, theft and any cause whatsoever.
9. Acknowledge that I have read the above assumption of risk, waiver, and release, understand that I have given up substantial rights by signing it, and sign it voluntarily.
Rental Safety Check Out / Acknowledgement
The Renter agrees to abide by the following rules:
- I will not allow any other person to operate the watercraft unless confirmed with LAKE POWELL POWERSPORTS, LLC.
- I will only operate the watercraft in designated safe areas.
- I will always wear a life jacket.
- I will not permit anyone under the age of 18, or the State minimum age requirement, to operate the watercraft without signing all forms.
- I will only allow persons who have signed the rental and check out forms and have gone through rental instruction to operate the boats.
- I will follow all boating safety rules.
- I will have a spotter if I am to tow a tube or a skier.
- I agree and understand there is no boat use or navigation between dusk to dawn.
- I will not allow additional passengers on the watercraft unless expressly permitted by LAKE POWELL POWERSPORTS, LCC in writing prior to use and such additional passenger signs the rental forms.
I have received and understand all watercraft and boating operation instructions
I have been instructed on the hazards of boating and water activities
I have carefully read and understand the above riding instructions. I have been instructed and understand the operation of the equipment. I am qualified in its operation and I acknowledge that I am totally responsible for the watercraft and any actions resulting from its use.
PWC Renter Orientation Checklist
Provided and Instructed by Lake Powell Powersports LLC
By Initialing the indicated sections below, I acknowledge and understand the information that is provided both visually (in writing) and verbally (by the instructor) in all sections of this orientation.
Protective Clothing/Equipment for Operators and Passengers
Wear PFD and Other Protective Clothing/Equipment
- You must wear an appropriate personal flotation device (PFD) at all times.
- Wear a wet-suit (or wet suit bottom) while operating the PWC. Normal swimwear does not adequately protect against forceful water entry into rectum or vagina. Severe internal injuries can occur if water is forced into body cavities as a result of falling into water or being near jet thrust nozzle.
- Additional protective equipment (such as footwear, eyewear) may be needed.
Keep Lanyard Attached
- Securely attach engine shut-off cord (lanyard) to your wrist or PFD OR (as directed) and wear it at all times. Then, if you fall off the PWC, the engine will stop.
Know How to Start and Stop the Engine
- To start the engine, be sure that the lanyard is attached and push the start button.
- To stop the engine, push the stop button. Stopping the engine will not stop the forward motion of the PWC and will result in loss of steering.
Know Operational Controls
- The throttle controls your speed. Apply the throttle lever on the handle to accelerate and release it to slow down.
- The handlebars move the jet thrust nozzle directing thrust in different directions to steer the PWC. Without thrust, you cannot steer the PWC.
Avoid Collisions Most PWC Injuries and Deaths Result from Collisions
Do Not Release Throttle when Trying to Steer
- You need throttle to steer.
Take Early Action to Avoid Collisions
- Remember, PWCs and other boats do not have brakes.
- Scan constantly for people, objects and other watercraft.
- Be alert for conditions that limit your visibility or block your vision of others.
- Operate at safe speeds.
- Keep a safe distance away from people, objects and other boats (including PWCs).
- Do not follow directly behind PWCs or other boats.
- Do not go near others to spray or splash them with water.
- Avoid sharp turns and other maneuvers that make it difficult for others to avoid colliding with you or that make it difficult for others to understand where you are going.
Avoid Aggressive Maneuvers
- This is a high-performance boat—it is not a toy.
- Ride within your limits and avoid aggressive maneuvers to reduce the risk of loss of control, ejection, and collision.
- Sharp turns or jumping wakes or waves can increase the risk of back/spinal injury (paralysis), facial injuries, and broken legs, ankles or other bones
- Do not jump wakes or waves.
Keep Away from Intake Grate
- Items such as long hair, loose clothing, or PFD straps can become entangled in moving parts resulting in severe injury or drowning.
Do Not Apply Throttle when Anyone is at the Rear of the PWC
- Do not apply the throttle when anyone is standing or swimming toward the rear of the PWC. Water and/or debris exiting jet thrust nozzle can cause serious injury.
Other Rules and Safety Information that may Apply to your Situation
Follow Rental Agency Rules and Boating Laws
- Review all rental agency rules and applicable boating laws.
- Do not overload PWC. Do not tow unless the PWC is designed and equipped for towing. Know and follow all State requirements related to towing.
Know the Waters
- Know the area in which you will be operating and observe all navigational markers and signs.
Follow the Additional PWC Warnings and Instructions that May Apply
- Depending on the circumstances, the Owner’s Manual and product labels may have relevant information not covered in this basic orientation.
- Do you understand that you should scan constantly, operate defensively and avoid aggressive maneuvers?
- Do you understand that PWCs do not have brakes?
- Do you understand that you should not release the throttle when you are trying to steer away from people, objects and other boats (including PWCs)?
- Do you have any questions about the PWC or its operation?
By signing below, I agree that I have been instructed on and understand the rules and information provided in this orientation.
Today's Date: May 28, 2020