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Blue Wave Rentals, LLC
All Operators and passengers must have a completed waiver before being allowed to use any rental PWC owned by Blue Wave Rentals

I, the undersigned (hereinafter referred to as “Participant”) , have requested to engage in watersports activities by the business Blue Wave Rentals, LLC, (hereinafter referred to as Blue Wave Rentals) which includes the owner(s) and/or business) and/or to rent or operate a personal watercraft (hereinafter referred to as “PWC”) and/or to participate in PWC or boating activities sponsored by Blue Wave Rentals, and in consideration of being permitted to, for any purpose: a) enter the premises occupied by Blue Wave Rentals b) rent and/or operate PWC or boats, and/or; c) participate in PWC or boating activities, I, for myself, my personal representative, heirs, next of kin, executors, administrators, successors, and assigns, hereby:

I Agree

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A. Participant agrees to RELEASE, REMISE, AND DISCHARGE, Blue Wave Rentals, the owners and operators of the PWC and boating activities sponsored by Blue Wave Rentals, the owners and licensors of the premises occupied by Blue Wave Rentals and their respective servants, agents, employees, and officers (hereinafter referred to as “releasees”), from all liability to me, my 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 me 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 me, arising from, or in any way related to my presence on the premises occupied by Blue Wave Rentals and/or my participation in any activities sponsored by Blue Wave Rentals. INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE, INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE RELEASEES’ NEGLIGENCE.

I Agree

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B. Participant AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES on account of injury to me or to any other person, whether or not the injury results in death, or account of damage to any property, whether or not the property is owned by me, arising from, or related to, my presence on the premises occupied by Blue Wave Rentals, whether or not these injuries or damages were caused by the releasees’ negligence.

I Agree

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C. Participant AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES from any loss, liability, damage, or cost that may incur, including attorneys’ fees, arising from, or in any way related to, my presence on the premises occupied by Blue Wave Rentals, my operation of a PWC rented from or owned by Blue Wave Rentals, and/or my participation in any activities sponsored by Blue Wave Rentals. Participant 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 Participant that Blue Wave Rentals and its directors, officers, shareholders, member. 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 personal watercraft. Participant further agrees to indemnify and hold harmless Blue Wave Rentals 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 personal watercraft. Participant further agrees to release and hold Blue Wave Rentals and its respective directors, officers, shareholders, members, agents, employees, representative, successors and assigns harmless should loss or damage occur to any Participant’s personal property while carried in or on the personal watercraft or while in Blue Wave Rentals’ possession, including loss or damage caused by fire, water, theft and any cause whatsoever.

I Agree

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D. Participant ASSUMES THE RISK OF BODILY INJURY, DEATH, OR PERMANENT DAMAGE, whether due to the negligence of RELEASEES negligence, my negligence, or any other reason or factor, while upon the premises, while operating a PWC rented from or owned by Blue Wave Rentals, and/or while participating in any activities sponsored by Blue Wave Rentals.

I Agree

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E. ACKNOWLEDGMENT OF RISKS. Participant acknowledges that some, but not all, of the risks of participating in the watersport activity include:
(1) changing water flow tides, currents, wave action and ships’ wakes.
(2) collision with any of the following: other participants’ watercraft, other watercraft and manmade or natural objects.
(3) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature.
(4) Participant 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 my/our reaction time and increase the risk of accident

I Agree

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F. EXPRESS ASSUMPTION OR RISK AND RESPONSIBILITY. Participant agrees to assume responsibility for all risks of the activity, whether identified above or not (EVEN THOSE RISKS OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). Participant’s participation in the activity is purely voluntary. Participant 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 Participant participates in the activity (EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW).

I Agree

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G. RELEASE OF LIABILITY. Participant hereby releases BLUE WAVE RENTALS, L. L. C., its principals, directors, officers, agents, employees and volunteers, their insurers, individually and each and every land owner, municipal and/or government agency upon whose property an activity is conducted (“owner”) and their insurers, if any, (collectively “Releasees”) FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO PARTICIPANT OR PARTICIPANT’S MINOR CHILDREN AND OF OTHER PERSONS as a result of Participant’s participation in any activity EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING PARTICIPANT).

I Agree

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H. Participant has carefully read the Agreement pertaining to the ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY. Those provisions are incorporated herein by reference as if set forth in full. PARTICIPANT HEREBY REPRESENTS AND CERTIFIES THAT HE/SHE HAS READ THE ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY PROVISIONS AND THAT HE/SHEUNDERSTANDS THAT BY SIGNING THIS DOCUMENT HE/SHE IS WAIVING VALUABLE LEGAL RIGHTS INCLUDING ANY AND ALL RIGHTS THAT HE/SHE MAY HAVE AGAINST BLUE WAVE RENTALS, LLC., a Texas Limited Liability Corporation, AND ITS EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS and any officer of the company either individually or as a whole. Participant enters into this Agreement for himself/herself and for any minor children for whom he/she is parent, legal guardian or otherwise responsible.

I Agree

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I agree and understand that:

1. Texas Law Requires the following To operate a PWC. The operator must meet one of the following:

  • Born on or after September 1, 1993 and passed a boater education class or equivalency examination prescribed by the Texas Parks and Wildlife Department, or
  • Born before September 1, 1993, or,
  • Persons requiring boater education who have not competed it must be accompanied by a person 18 years of age (who can legally operate) or older, or
  • At least 13 years of age and have passed a boater education course or equivalency examination prescribed by the department.

1. Each person aboard a personal watercraft must wear a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V, which is properly fitted and fastened.
2. No person shall operate a personal watercraft on the waters of this state after sunset or before sunrise.
3. No person shall operate a personal watercraft on the waters of this state unless such personal watercraft is equipped with a self-circling device or a lanyard-type engine cutoff switch. If equipped with a self-circling device, such device must be fully operational. If equipped with a lanyard-type engine cutoff switch, the lanyard must be attached to the operator's clothing, body, or PFD.
4. No person shall operate a personal watercraft on the waters of this state in excess of five (5) miles per hours within 100 feet of any moored or anchored vessel, shore, wharf, dock, pier, piling, bridge structure or abutment, or a person in the water.4. No person shall operate a personal watercraft on the waters of this state in excess of five (5) miles per hours within 100 feet of any moored or anchored vessel, shore, wharf, dock, pier, piling, bridge structure or abutment, or a person in the water.4. No person shall operate a personal watercraft on the waters of this state in excess of five (5) miles per hours within 100 feet of any moored or anchored vessel, shore, wharf, dock, pier, piling, bridge structure or abutment, or a person in the water.4. No person shall operate a personal watercraft on the waters of this state in excess of five (5) miles per hours within 100 feet of any moored or anchored vessel, shore, wharf, dock, pier, piling, bridge structure or abutment, or a person in the water.
 

I Agree

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2. LAWS. Participant agrees that he/she will operate the personal watercraft in accordance with Blue Wave Rentals Safety Rules and in accordance with all laws of Texas governing the operation of the PWC, included but not limited to local, state and/or federal laws, rules and regulations. Participant further agrees to personally pay any ticket, citation or suit arising from his/her use of the PWC and agrees to operate the personal watercraft in a safe and law-abiding manner.

I Agree

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3. BLUE WAVE RENTALS SAFETY RULES. Participant shall familiarize himself/herself with all operating instructions for the PWC. Participant shall assure that the personal watercraft is used in a safe manner utilizing the highest standard of care to avoid injuries and damage to the PWC or other property. The PWC shall not be used in connection with stunts, racing, the towing of person or property, or any other use which might result in injury to person or damage to property. Participant represents that he/she is familiar with the operation of the PWC and that he/she has read and understands the Safety Rules and which are incorporated herein by reference and Participant further agrees to comply and abide with each and every one of these Safety Rules. These rules will be provided to you Both by the guide with verbal instructions and/or a Handout!

I Agree

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4. My participation in PWC or boating activities, as with any watersport, will test my physical and mental limits, involves very powerful machinery, and exposes me to dangers associated with the operation of PWC and/or boats. These dangers include, without limitations: collisions with other vessels, fixed objects, persons in the water, or objects in the water; exposure to the elements; mechanical breakdown; loss of control of the vessel; falling off the vessel; sinking of the vessel; drowning; and other dangers known or unknown. I understand these rules and assume the risk of harm presented by these damages.

I Agree

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5. My presence on the premises operated by Blue Wave Rentals and/or my participation in the PWC or boating activities organized by Blue Wave Rentals exposes me to the potential risks that include, without limitations: death or serious injury to myself and/or others; and damage to property owned by me, Blue Wave Rentals, and/or others.

I Agree

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6. PWC or boating activities may pose an additional danger to persons with pre-existing physical injuries or conditions, or other conditions, or to pregnant women. I am not aware of any physical or mental conditions that may affect my ability to participate in PWC or boating activities or that may be aggravated by the participation in such activities. Alternatively, I acknowledge that I have consulted with my physician who has advised me that I may participate in these activities without restrictions.

I Agree

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7. I will NOT participate in any PWC or boating activities sponsored by Blue Wave Rentals while my ability is impaired by alcohol, drugs, or otherwise. If found by discretion of Blue Wave Rentals’ staff and or Texas Game Warden to be impaired by said substances I further agree that my rental will be terminated and no refund will be provided.

I Agree

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8. In the event of malfunction or breakdown of the craft, or if any defect occurs during the rental period, I shall immediately report any unusual problems to Blue Wave Rentals. Continued use of the craft in any of these circumstances shall be entirely at my risk and I shall then be under the obligation to assume any and all liabilities resulting from bodily injury, loss, or damage caused to all persons and property that may become involved in any accident.

I Agree
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9. When operating a PWC, I, the operator will allow sufficient time and distance to stop the vessel. I realize that riding a PWC is not like driving a car and I will not participate in any PWC or boating activities unless I completely understand this concept. By participating, I acknowledge that I understand this very important concept.

I Agree

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10. PWC and other jet-powered boats DO NOT STEER OR TURN WITHOUT PROPULSION. I understand that I must apply throttle to steer and turn the PWC or jet-powered boat while traveling at speeds in excess of 6 knots. I will not participate in any PWC or boating activities unless I completely understand this concept. By participating, I acknowledge that I understand this concept.

I Agree

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 11. I acknowledge that Blue Wave Rentals is not a manufacturer of the PWC/boat that I am renting and it does not make any representations, warranties of, or covenants, expressed or implied, with the respect to the condition, quality, durability, or suitability of the PWC/boat.

I Agree

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12. I understand that Blue Wave Rentals is not the only business offering PWC/boat rentals, and my decision to rent from them is “MY” choice.

I Agree

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13. IT IS MY DUTY TO ASK BLUE WAVE RENTALS TO FURTHER EXPLAIN ANY MATERIALS, RULES, REGULATIONS, OR INSTRUCTIONS THAT I DO NOT UNDERSTAND BEFORE I START MY RENTAL. I WILL NOT PARTICIPATE IN ANY PWC OR BOATING ACTIVITY IF I DO NOT UNDERSTAND ANY PART OF ANY MATERIALS, RULES, DETAILS, REGULATIONS, OR INSTRUCTIONS PROVIDED TO ME.

I Agree

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14. I understand that I am liable for all damages and costs incurred as a result of my negligence including but not limited to damages and lost rentals due to damage to any vessel. I agree to IMMEDIATELY REIMBURSE Blue Wave Rentals for these repairs and other costs.

I Agree

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15. I understand that I am responsible for the PWC that I am renting as well as any PWC, boat, structure, or any other matter or property that I may come in contact with. If I am involved in any type of accident that damages the property of Blue Wave Rentals I will pay them for their losses IMMEDIATELY! SIGNING BELOW CERTIFIES THE FOLLOWING: I HAVE READ THE ABOVE ASSUMPTION AND ACKNOWLEDFGMENT OF RISKS AND RELEASE OF LIABILITY PROVISION AND IN CONSIDERATION OF BEING PROVIDED WITH WATERSPORT RECREATIONAL PROPERTY OR SERVICES AND/OR BEING ALLOWED AS A PASSENGER ON A PWC FOR MYSELF AND ANY MINOR CHILDREN FOR WHOM I AM PARENT, LEGAL GUARDIAN OR OTHERWISE RESPONSIBLE AND FOR MY HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, I AGREE TO BE BOUND BY THE AFORESTATED PROVISIONS CONTAINED WITHIN THE ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY AND I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST BLUE WAVE RENTALS, THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS. I HAVE READ THE TERMS AND CONDITIONS OF THIS PERSONAL WATERCRAFT RENTAL AGREEMENT AND AGREE TO THEM. PARTICIPANT IS EXPERIENCED AND CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF A CRAFT SUCH AS THE PWC RENTED. LESSEE HAS READ THE RENTAL AGREEMENT IN ITS ENTIRETYAND FULLY UNDERSTANDS THE TERMS AND CONDITIONS AS SET FORTH.

I Agree

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card
Driver's License / ID Card Number*
Issuing State*
Texas Age Requirements to Operate a PWC:
Were you Born before September 1, 1993?*
Yes
No
If "No" Do you have a Valid Texas Boater's Licence?*
Yes
No
Not Applicable
Day of Rental Information:
Are you, or someone else booking the reservation? *
Me
Someone else
If Someone else is booking the reservation, who is it? *
What is the rental date? *
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*
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
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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