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Release of Liability, Damage Agreement, PWC Operations Agreement

DISCLAIMER

This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by NAUTICOOL ADVENTURES *(For purposes of this Waiver and Release, the term ''NAUTICOOL ADVENTURES") includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of NAUTICOOL ADVENTURES). If any other rental agreement is used in addition to, or in conjunction with, this Release, the provisions of this Release shall prevail over any other clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on the behalf of undersigned's minor children. Renter further agrees that he/she will disclose to NAUTICOOL ADVENTURES all potential operators, passengers, and users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of NAUTICOOL ADVENTURES. 

EXPRESS ASSUMPTION OF RISK

The undersigned hereby agrees that he/she is renting,operating, or using the equipment provided by NAUTICOOL ADVENTURES at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of NAUTICOOL ADVENTURES.

WAIVER/RELEASE OF LIABILITY 

By the execution of this Release, the undersigned agrees that NAUTICOOL ADVENTURES shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned's custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by NAUTICOOL ADVENTURES. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that NAUTICOOL ADVENTURES shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that NAUTICOOL ADVENTURES shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY NAUTICOOL ADVENTURES, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by NAUTICOOL ADVENTURES.

LIABILITY TO THIRD PARTIES 

The undersigned hereby agrees that he/she will indemnify and hold harmless NAUTICOOL ADVENTURES for all personal injuries, property damages, or any other damages to any and all third parties, including, but, not limited to, operators and passengers of other watercraft and minor children under the undersigned's custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by NAUTICOOL ADVENTURES, even if such damages arise out of negligence or or fault of NAUTICOOL ADVENTURES.

ACKNOWLEDGMENT OF WAIVER AND RELEASE 

The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from NAUTICOOL ADVENTURES with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against NAUTICOOL ADVENTURES for NAUTICOOL ADVENTURES negligence.

IMAGE USE AND CREDIT CARD ACKNOWLEDGMENT OF WAIVER AND RELEASE 

I agree that NAUTICOOL ADVENTURES has the rights to use any of my images or videos for promotional use on ads or online. In signing this release, I acknowledge and represent that I HAVE READ THE FOREGOING Waiver and Release of Liability, UNDERSTAND IT AND SIGN IT VOLUNTARILY as my own free act and deed with no inducement; and that no oral representations, statements or inducements, apart from the foregoing written agreement, have been made by the RELEASED PARTIES or relied upon by me; and I EXECUTE THIS RELEASE OF LIABILITY FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.

Damages and loss of Equipment 

I agree to pay for all damages to or loss of equipment belonging to or obtained from NAUTICOOL ADVENTURES resulting from my use whether damage is intentional or unavoidable. 

Life Jacket $80
Jet Ski Pump Damage $800
Jet Ski Hull Damage $200 per square/inch
Jet Ski full of water Damage $400
Seat Damage $300
Clean up Fee $80
Fender Rail  $125 per 6”
Paddle  $50
Kayak Damage per sq/in $75
Labor Cost $100/hr

PWC OPERATION

I understand that the PWC I am renting is a high-performance boat, not a toy, and as such I will carefully observe and follow the instructions and safety rules I receive from my rental operator.

I will pay close attention to the required safety equipment instructions provided by my rental livery operator so that I am able to use it in the case of an emergency.

Before starting the engine, I will securely attach the engine shut-off cord/ lanyard to my wrist or life jacket and wear it at all times, keeping it free from the handlebars so that if I fall off of the PWC, the engine will stop.

I understand that in order to turn off the engine, I need to push the stop button. I understand that the throttle controls the speed of my PWC. I understand that I should apply the throttle lever on the handle to accelerate and release it to slow down.

I understand that stopping the engine will not stop the forward motion of the PWC, and that on most PWC’s,steering control is lost when the throttle is released or when the engine is turned off.

I understand that Nauticool Adventures staff will inform me of the riding area and if not it is my responsibility to ask and fully understand the riding area before the reservation begins. I will read and understand the Texas Water Safety Act without Nauticool Adventures providing it to me. 

I will always operate my PWC at safe speeds, taking into consideration the conditions around me, including other boats, weather, and visibility. I will refrain from weaving through vessels that are underway, stopped, moored or at anchor while exceeding a reasonable speed.

BOATER EDUCATION TRAINING
Recommended for all boat operators and required for those persons born on or after September 1, 1993. For information on boater education courses, call (800) 792-1112, ext. 4999, or visit www.tpwd.texas.gov/boatered/

MANDATORY BOATER EDUCATION REQUIREMENTS
A TPWD certified boater education course and photo I.D. is required for any person born on or after September 1, 1993 to operate: (1) a vessel powered by a motor of more than 15 horsepower; or (2) a windblown vessel over 14 feet in length. No person may operate a PWC or motorboat powered by a motor of more than 15 horsepower on the public waters of this state unless the person is at least 13 years of age and has successfully completed a Boater Education Course or is supervised by another person who: (1) is at least 18 years of age; (2) can lawfully operate the motorboat; and (3) is on board the motorboat when under way. Proof of completion of the requirements to obtain a vessel operator’s license issued by the United States Coast Guard will satisfy the requirement for completing a boater education course in this state. **Boater education courses from other states are acceptable if NA

BOATER EDUCATION TRAINING
Recommended for all boat operators and required for those persons born on or after September 1, 1993. For information on boater education courses, call (800) 792-1112, ext. 4999, or visit www.tpwd.texas.gov/boatered/

I have read and understand the requirements for a Boater Education course and will be subject to a citation for operating a PWC without one. I understand that it is my responsibility and NOT Nauticool Adventures to obtain this license and without one I will be subject to forfeiting my reservation (without refund) . 

OPERATION OF YOUR BOAT

It is UNLAWFUL for any person to: 

1. Operating at a rate of speed greater than is reasonable and prudent or greater than will permit him to bring such boat to a stop within the assured clear distance ahead.
2. Operate so as to cause a hazardous wake or wash.
3. Operate in a circular course around another vessel, PWC, or individual engaged in water activities unless retrieving a downed or fallen water skier or a person engaged in similar activity.
4. Moor or attach to any buoy, beacon, light marker, stake, flag or other aid to safe operation, or to move, remove, displace, tamper with, damage or destroy the same.
5. Anchor in the traveled portion of a river or channel so as to prevent, impede, or interfere with safe passage of any other boat through the same area.
6. Operate within an area designated as bathing, fishing, swimming, or otherwise restricted.
7. Operate within a designated “no wake” area except at headway speed without creating a swell or wake.
8. Engage in water skiing, surfboarding or other similar activity between the hours of 1/2 hour after sunset to 1/2 hour before sunrise; provided that this shall not apply to vessels used in recognized water ski tournaments, competitions, exhibitions or trials, provided that the water area is adequately lighted. 

ACCIDENTS AND CASUALTIES
Operators of vessels involved in any collision, accident or other casualty that results in: • Death (or missing person); or • Injury (requiring treatment beyond first aid) to any person; or • Property damage exceeding $2,000 must report the incident to the Texas Parks and Wildlife Department within 30 days of the occurrence (48 hours if a fatality).

TO REPORT A BOATING ACCIDENT
Contact the Texas Parks and Wildlife Department at (800) 792-1112 or (512) 389-4848 (24-hour dispatch).

OPERATING VESSELS WITHOUT REQUIRED EQUIPMENT PROHIBITED
No person may operate or give permission for the operation of a vessel that is not provided with the required safety equipment. 

LIFE PRESERVING DEVICES
All PERSONAL FLOTATION DEVICES (PFDs) must be U.S. Coast Guard approved, in serviceable condition, readily accessible, and of the appropriate size for intended user. All children under 13 years of age in all vessels under 26 feet in length must wear a U.S. Coast Guard approved wearable PFD while underway. Underway means not at anchor, made fast to the shore, or aground. All vessels, including canoes, paddle craft, and kayaks, must be equipped with one USCG approved wearable PFD for the activity taking place for each person on board. A USCG Approved PFD is acceptable only if used in accordance with the specific instructions on the label of the device. 

ENGINE CUT-OFF SWITCH DEVICE
(ECOS) If the vessel is equipped, the cut-off switch, lanyard, or wireless device must be attached to operator, operator’s clothing, or operator’s PFD at all times when a PWC is underway, and at greater-than headway speed for all other motorboats under 26 ft. in length other than a PWC. The operator of the vessel is also responsible for verifying that the ECOS system is in operation. Headway speed means slow, idle speed, or speed only fast enough to maintain steerage without creating a swell or wake. 

SOUND PRODUCING DEVICES
Any vessel less than 12 meters in length (39.4 ft.) is required to carry a whistle or horn, or some other means to make an efficient sound to signal intentions and position in periods of reduced visibility. Vessels 12 meters (39.4 ft.) or more in length are required to carry on board a whistle or horn, and a bell. MIRRORS REQUIRED Every motorboat towing a person must have an observer, other than the operator, 13 years of age or older OR be equipped with a rearview mirror of a size no less than four inches (4") in measurement from bottom to top and across from one side to the other. 

FIRE EXTINGUISHERS REQUIRED
Outboard motorboats less than 26 feet in length, of open construction, not carrying passengers for hire, are not required to carry fire extinguishers; however, a fire extinguisher is required for the PWC. 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
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.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's 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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