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.
DECLARATION OF FITNESS TO OPERATE PERSONAL WATERCRAFT
I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during operation of rental personal watercraft.
Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of my limbs, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and sever joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs.
I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness.
Even if I have a health condition as stated above of which I may be unaware, by signing this form I still choose to participate in this activity with the rental property and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions.
I further Declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if any injury is sustained of any kind during the course of Personal Watercraft Rental, I will notify the rental Operation Manager immediately and before leaving the premises.
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.
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.
- 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.
Today's Date: October 31, 2020