WATERCRAFT & EQUIPMENT: Yamaha VX and EX
All Jet Ski’s are equipped with the three U.S.C.G. items required by N.J.
- Fire Extinguisher
- Safety Flag
You will be equipped with a personal flotation device (Life Vest) & a safety Cutoff Lanyard which must be worn at all times.
THE LESSEE CERTIFIES:
THAT HE/SHE HAS EXAMINED THE WATERCRAFT AND EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED AND THAT ANY DAMAGE NOT PRIOR NOTED THEY WILL BE LIABLE TO COVER THE REPAIR COSTS RANGING $500/UP
“I have received and understand the instructions in safe boating covering the United States Coast Guard Navigation Rules, equipment requirements for Class A vessels, and operation of personal watercraft”
THAT HE/SHE IS IN GOOD HEALTH AND HAS THEIR OWN MEDICAL INSURANCE.
THAT HE/SHE ARE CAPABLE OF HANDLING AND OPERATING THE RENTAL WATERCRAFT AND WILL OPERATE IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AND LESSOR IS NOT RESPONSIBLE FOR DISOBEDIENCE AND NEGLIGENCE ON LESSEES PART. THE LESSEE IS LIABLE FOR ALL DAMAGES AND LEGAL FINES THAT COME FROM ERRATIC OPERATION OR DISOBEYING GUIDELINES.
PWC Renter Orientation Checklist
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 the lower body opening(s) of both male and females. 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 (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, PWC’s and other boats do not have brakes.
- Scan constantly for people, objects and other boats (including PWCs).
- 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.
Do Not Apply Throttle when Anyone is at the Rear of the PWC
- 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 th PWC. Water and/or debris exiting jet thrust nozzle can cause serious injury.
Know How to Right the PWC in Open Water
- If you capsize in open water, swim to the rear of the PWC and turn it upright — be sure to turn it in the proper direction. Then board it from the rear.
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.
READY AND ABLE?
- 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, other boats (including PWCs)?
- Do you have any question about the PWC or its operation?
I have been instructed on and understand the rules and information provided in this orientation.
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION & BINDING ARBITRATION AGREEMENT
Notice — By signing this document You may be waiving certain legal rights, including the right to sue. Including the right to sue the property owners which Jersey Jet Ski Inc. is operating from.
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 Jersey Jet Ski Inc. (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; Participants are waiving their right to dispute charges of damage they are deemed to be responsible for on their equipment or other(s), as well as damage to another vessel(s) or property.
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. Participant has insurance which covers their expenses in the event of an incident. Participant is waiving every liability from Jersey Jet Ski Inc. and others associated in all cases, as well as others operating on the water. Participant signing is waiving Brown's Point Marina or Liberty Harbor Marina (as well as any employees and volunteers involved in operations) of blame in any event. The signer of this document is taking legal responsibility for other people in their group, as well as others both participating and not participating in an event. Caution must be exercised on the docks and risk is assumed. If you choose to ride without a wetsuit or neoprene bottom you are assuming the risks which come with PWC riding without one, and JJS is not liable.
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, conditions, 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/their 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 miner, 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 dary.
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. The signature superceeds any missing initial or incorrect information.
| 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.
You understand that damage may occur by various means and may exceed the $250 security deposit. Fiberglass the size of a credit card cost $250 to repair, or damage from hitting a sandbar/debris. Damage may also include damages to other vessels or fishing equiptment. Damage is rare, so be aware of your surroundings. Damages may happen from other people hitting your jet ski, stay far from other riders and boaters. Damages may happen from going too close to the shore and/or sucking up debris into the machine (Minimum $100 loss of security deposit). Damages may happen while docking, please pay close attention to your instructor and do not approach the dock until told to. Security deposits can be lost for wreckless behavior, one warning can be given then a security deposit can be lost. Damages may occur from overturning your jet ski without unflipping it. You are liable for all damages which occur during the experience (on and off land) and may be held responsible after the experience if damages are deemed to have been caused by you or a member of your party. We reserve the right to not have to present documented evidence of damage/excessive wear from impeller damage. Please ride safely and listen closely to the instructions, as well as the waiver (which also highlights hazards). Damages can exceed $250. Signing here is a declaration of liability for damages.
Today's Date: May 18, 2021