WET-N-WILD WATER SPORTS LLC
PERSONAL WATERCRAFT RENTAL OPERATIONS RELEASE OF LIABILITY, WIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please read and be certain you understand the implications of signing.
Express assumption of Risk associated with use of rental of Personal Watercraft and Related Activities.
I hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated (e.g., jet ski, rental boat) or non-motorized (e.g., kayak) and related water sport activities to which I am about to engage, including, but not limited to:
1) Changing water flow, tides, currents, wave action and ship’s wakes
2) Collision with any of the following:
a) Other participants, b) the watercraft, c) other watercraft, d) manmade or natural objects, e) shuttle boat;
3) Wind shear, inclement weather, lightning, variances and extremes of wind, weather, and temperatures;
4) my sense of balance, physical condition, ability to operate equipment, swim and/or follow directions;
5) collision, capsizing, sinking, or other hazards that may result in wellness, injury, exposure to the elements, hypothermia, impact of the body upon water, injection of water into my bodily orifices, 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 illness, including sunburn, sun stroke or dehydration;
9) fatigue, chill and/or reaction time and increased risk of an accident
I specifically acknowledge that I have read, understand, and agree to abide by the Personal Watercraft Operational Instructions at all times and that I have been trained in the safe use of water sport equipment to my complete satisfaction, and I am physically/mentally able to participate in the water sport activities to which I am about to engage.
I specifically waive any defense insofar as this contract is concerned that may arise as a result of any state or local law and/or regulation or policy that may impact its enforceability.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of being allowed to participate in the above described activities, as well as the use of any of the facilities and the use of the equipment of the below listed releases, I hereby agree as follows:
1) To waiver and release any and all claims baes upon negligence, active or passive, with the exception of intentional, wanton, or willful misconduct that I may have in the future against all of the following named persons or entities here, referred to as releases.
2) To release the releases, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or cause of action that I, me estate, heirs, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise, with the exceptions of gross negligence. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with conjunction with any injury or loss of life that may occur as a result of engaging in the above activities.
3) By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement.
I hereby declare that I am of legal age and am competent to sign this Agreement or, if not, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this Agreement. I have watched the Ride Smart Florida video.
Initial Here after watching
I have read this Agreement, understand it, and I agree to be bound by it.
Renter acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters, persons, and passengers. It is agreed and understood by RENTER that the RENTAL COMPANY shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. RENTER FURTHER AGREES to indemnify and hold harmless the RENTAL COMPANY and its agents, affiliates and personnel from, and against any and all claims for loss or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. RENTER further agrees to hold the RENTAL COMPANY harmless should loss or damages occur to any RENTER’S personal property while carried in, or on, the rental craft, including loss or damage by fire, water, theft or any other causes whatsoever.
RENTER expressly to agrees to indemnify and hold RENTAL COMPANY and its agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forging rental contract by RENTAL COMPANY, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by RENTAL COMPANY, to recover possession of said rental property and/or to enforce any terms, conditions and/or provisions hereof. It is understood and agreed that Venue and any action hereunder sh all be in the county of RENTAL COMPANY.
RENTAL COMPANY’S ability to provide a rental craft if reserved, is contingent upon and subject to the return of the unit by the previous RENTER, or any other cause beyond RENTAL COMPANY’S control.
RENTAL COMPANY reserves the right to cancel this rental agreement due to inclement or impending bad weather. RENTAL COMPANY reserves the right to determine if there is inclement or impending bad weather. Rental fees will be prorated based on time used.
The rules and regulations contained herein and as posted in the office, on the craft and /or the grounds by the RENTAL COMPAN Y are for safety and welfare of all who use the facilities. The RENTER certifies that he/she has read and understands said rules and regulations and further assumes the responsibility that his/her family and or guest(s) will obey the rules.
Should any term or condition of this Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the unenforceable, then that term shall be deemed severed from this Agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect.
In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft the RENTER will immediately report it to RENTAL COMPANY. Continued use of it shall be entirely at the RENTER’S risk and thus RENTER assumes all liability of injury and damage to all persons and property that may become involved by its continued use. RENTER acknowledges and understands that RENTAL COMPANY cannot guarantee against mechanical failures of the rental equipment. Any cost of repair(s) due to normal wear and tear on the equipment will be borne by the RENTAL COMPANY. Should the RENTAL COMPAY, or a repair person, repair or replace a unit that is due to RENTER’s oversight, neglect, or misuse, RENTER agrees that the repair call costs will be billed to the RENTER’s security deposit.
Prohibited uses: RENTER my not use boats for any use not intended by manufacturer. In addition, RENTER shall not use the boat in any of the following manners:
- By any other person not an approved operator listed above
- In any type of race or competitive event
- For any illegal purpose or in an illegal manner
- To carry any type of hazardous or explosive substance
- To push to tow any other watercraft
- To push or tow tubes, skis or other water toys (with the exception of the 90 HP High performance model)
- After dusk or during the night
- To carry loads beyond stated capacity
- In a reckless, abusive or negligent manner
- By any person consuming alcohol or drugs
- In violation of the terms and conditions of this agreement in any way
- Outside of approved use area (may not enter Gulf of Mexico)
THE TERMS AND CONDITIONS ON ALL PAGES OF THIS CONTRAC CONTAIN THE ENTIRE UNDERSTANDING BETWEEN RENTER AND RENTAL COMPANY AND NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT.
I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAD THE TERMS AND CONDITIONS AS SET FORTH ON ALL PAGES; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.
RENTER TO READ ALL PAGES OF THIS AGREEMENT AND INITIAL EACH CLAUSE WHEN SIGNING THIS DOCUMENT.
In consideration of the agreement herein, Wet N Wild (herein after referred as the RENTAL COMPANY) agrees to rent to the undersigned (herein after referred to as the RENTER) the craft and equipment described herein.
In the event the craft is not rented at time specified herein. Said RENTER agrees to pay for OVERTIME at rate $50 per 1⁄2 hr.
Lessee shall be absolutely liable for the return of and for damage to said equipment. Lessee covenant and agrees to hold lessor harmless for any and all negligence in possession or operation of listed equipment.
Lessee agrees, on demand, to return rented equipment and all attachments and parts to lessor at Wet N Wild in same condition it was received. Ordinary wear and depreciation expected. Lessee further agrees to pay, on demand, for all lost and damage to said equipment. Vessels returned excessively dirty will be charged up to a $150 cleaning fee.
Lessee further agrees, on demand, to pay lessor rental for the use of said equipment at the same rates as provided above until such equipment is returned to lessor. Also pay all cost and expenses, including but limited to reasonable attorney’s fees incurred by lessor in collecting any amounts owing by lessee under this agreement for rental or otherwise, or in enforcing any of the lessor’s controls.
- Bimini top Frame $1200
- Bimini top canvas $350
- Bimini top boot $125
- Boarding ladder $300
- Engine cowling $1200
- Seat $175
- Captain’s chair $350
- Power trim & tilt pump $975
- Lower unit $2500
- Propeller replacement $200 min.
- Exterior scratches or chips $200 min
- Tube damage (dents, etc) $800 min
- Interior: rips, holes, or burns $250 min
- Ripped vinyl $50-200
Missing Equipment Fees
- Cooler $50
- Life Vests $35
- Anchor /(w/ chain & line) $75/(&125)
- Fire extinguishers $35
~All other damages and/ loss will be charged accordingly~
I authorize and allow Wet N Wild to charge my credit card for any damages or loss.
A major credit (VISA, MasterCard, Discover American Express, or Debit) will be held at the time of rental by the RENTAL COMPANY as compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of craft by RENTER.
The RENTER certifies that he/she has examined the craft and equipment and finds it acceptable and suitable for the purpose for which it is rented that he/she will operate the craft in accordance with all safety rules and regulations as posted in this office or on craft, and further certifies that he/she has read and understands said rules and regulations.
The RENTER acknowledges he/she has carefully examined the craft and finds it suitable for the purpose for which it is rented, and that or other accessory equipment is in suitable and acceptable condition: that he/she will maintain both craft and equipment in a safe, dependable condition while in he/she has custody.
This certifies that I (We), the RENTER (S) am/are experienced and capable in all aspects of the handling and operation of the craft such as the one rented above, RENTER agrees said craft will not be occupied by a greater number of persons that is shown in this rental agreement. I, the RENTER (S) am/are aware of the NO WAKE areas and am/are responsible for any damaged caused by my wake. I, the RENTER (S) will not remove any equipment from and will operate that said craft within the approved use area and I (We) have familiarized myself/ourselves with a chart of the area. All operators of pontoon vessels must be 21 years of age or older. Florida Law requires any person born on or after January 1, 1998 to take and pass a boater’s safety test in order to operate a vessel powered by 10 HP or more. All passengers under the age of 6 must wear a life vest at all times. All passengers on jetski must wear life vest at all time regardless of age.
Today's Date: May 28, 2020