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BOAT RENTAL PARTICIPANT

RELEASE AND INDEMNIFICATION AGREEMENT 

 

For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned parties, MAWS Pleasants LLC (“Boat Owner”) agrees to permit participant (Renter) access and use of a vessel subject to all terms and conditions set forth below. The Renter is not being provided coverage for the entirety of the rental. The Boat Owner is not responsible for any bodily injury or property damage caused during the entirety of the rental.

There are numerous risks inherent in and associated with participation in boating and water sports activities. By executing this RELEASE, you are acknowledging that participation in boating and water sports activities are inherently dangerous activities that involve risks of death and/or serious bodily injury that cannot be prevented or avoided even by the exercise of reasonable care. The following list, though not exhaustive, exemplifies many of the types of risks and potential injuries you could encounter in connection with your participation in boating and water sports.

• changing water flow, tides, currents, wave action, eddies, whirlpools, and vessel wakes;

• collision with other participants, collision with watercraft, whether owned or operated by the Released, collision with man-made or natural objects;

• the negligent actions and/or omissions of other participants;

• your own actions and/or omissions, your level of competency as to the activity, and your own physical and mental conditions; • your sense of balance, physical coordination, ability to operate equipment, and ability to swim;

• wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature;

• collision, capsizing, sinking, falling, slipping or other hazards that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into any body orifices, and/or drowning;

• the presence of insects, wild animals, as well as dangerous plant life, bacteria, amoebas, and marine life forms;

• equipment failure, improper use of equipment and/or impacting equipment;

• heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration;

• fatigue, chill, shock, and/or dizziness which may increase your reaction time.

By initialing this section and executing this WAIVER below, you are agreeing that you have reviewed the preceding non-exclusive list of sample inherent risks involved in your participation in these activities, and with full knowledge and understanding, you are voluntarily agreeing to engage and participate in these activities and to VOLUNTARILY AND EXPRESSLY ASSUME THE RISK OF SERIOUS BODILY HARM, PERSONAL INJURY, DEATH OR DAMAGE resulting from any and all inherent risks while participating and engaging in (including transit to and from) these water sports activities. By expressly assuming ANY AND ALL INHERENT RISKS involved with these water sports activities, you are voluntarily relinquishing the ability to seek or collect damages from the Released due to any personal injury, claim, or incident occurring or in any way related to or arising from the inherent risks of your involvement in these water sport activities.

INITIAL



  1. Inspection of Equipment. Boat Owner certifies that the boat and motor are in good mechanical and physical condition. Renter will inspect the boat prior to its use, and leases the boat without any representations by Boat Owner. If equipment has damage or problems not listed on this agreement, Renter must notify the Boat Owner before use of the boat begins and on the first day of rental. (N/A for Excursions)
  2. Watersports Equipment. The rental may include water sports equipment. Renter acknowledges that participation in any water sport exposes the participant to certain risks and dangers. Accidents and injuries (superficial to fatal) resulting from the forces of Mother Nature, other boaters (both power and sail), malfunctioning equipment, unseen obstacles, fatigue, and your own misjudgment are a very real possibility. Once the renter leaves the safety of the shore and enters the water, the Renter assumes all risks associated therewith. Renter will wear a US Coast Guard approved life preserver when participating in any water sport.
  3. Prohibited Activities. The following activities are not permitted on the boat. Violation of this provision will result in the immediate termination of this contract and forfeiture of all monies paid by the Primary renter, including the full amount due for the rental regardless how much time is remaining on the rental.
  4. Smoking;
  5. Participating in watersports activities while intoxicated or without the use of a US Coast Guard approved life preserver;
  6. Jumping from boat safety rails;
  7. Riding outside the boats' rails
  8. Release and Waiver of Claims. Renter does hereby release, and discharge Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Renter ever had, now has, or which Renter’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Boat; or in any way arising out of the rental relationship between Renter and Boat Owner.
  9. Indemnification. Renter hereby expressly agrees to indemnify and hold harmless Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse or abuse of the Boat.
  10. Life Jackets. Any person under the age of 13 must wear a life jacket at all times while on the boat. Life jackets must be worn during any and all watersports activities.
  11. Governing Law. This Agreement is governed, construed, and administered according to the laws of Virginia, as from time to time amended, and any applicable federal law. No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of the State of Virginia or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Virginia.
  12. Entire Agreement. This Agreement constitutes the sole and entire agreement of its parties with respect to the Agreement’s subject matter. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the subject matter. As between or among the parties, oral statements or prior written material not specifically incorporated in this Agreement have no force or effect. The parties specifically acknowledge that, in entering into and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others.

Renter's Signature:


Dated: May 18, 2024


First Passenger Name

First Name*

Middle Name

Last Name*
First Passenger Age Acknowledgment*
First Passenger Date of Birth*
I certify that I am 18 years of age or older
First Passenger Signature*
Second Passenger Name

First Name*

Middle Name

Last Name*
Second Passenger Date of Birth*
Third Passenger Name

First Name*

Middle Name

Last Name*
Third Passenger Date of Birth*
Fourth Passenger Name

First Name*

Middle Name

Last Name*
Fourth Passenger Date of Birth*
Fifth Passenger Name

First Name*

Middle Name

Last Name*
Fifth Passenger Date of Birth*
Sixth Passenger Name

First Name*

Middle Name

Last Name*
Sixth Passenger Date of Birth*
Seventh Passenger Name

First Name*

Middle Name

Last Name*
Seventh Passenger Date of Birth*
Eighth Passenger Name

First Name*

Middle Name

Last Name*
Eighth Passenger Date of Birth*
Ninth Passenger Name

First Name*

Middle Name

Last Name*
Ninth Passenger Date of Birth*
Tenth Passenger Name

First Name*

Middle Name

Last Name*
Tenth Passenger Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Booking Reservation Number

Booking Reservation Number *
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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