PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services ofH20 Adventures, Inc., their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "H20A"), I hereby agree to release, indemnify, and discharge H20A, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that my participation in Jet Ski, Wave Runner, Boating, Paddle Boarding, Kayaking,and Personål Watercraft activities  entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third patties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; collision with fixed or movable objects, vehicles, or other watercraft; boat capsize and entrapment; accidental drowning; water craft are slippery when wet and accidents can occur getting in or out; the forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; equipment failure and/or operator error; the negligence of other visitors, participants, or other persons who may be present; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity; transmissible pathogen or disease; traveling to and from activity locations raises the possibility of any manner of transportation accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered. Furthermore, H20A personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant!s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete wamings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) and wetsuit bottom (or clothing that provides equivalent protection) while participating in this activity. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless H20A from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use H20A's equipment or facilities, including any such claims which allege negligent acts or omissions of H20A. 4. Should H20A or anyone acting on their behalf, be required to incur lawyer's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5. I celtify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 6. In the event that I file a lawsuit against H20A, I agree to do so solely in the state of Georgia, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against H20A on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at H20A. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Today's Date: May 15, 2024
H2O ADVENTURES BOAT RENTAL POLICIES Full Amount is due up front: - Rental is paid in full at the time of booking.
I Agree
Cancellation policy: - Cancelations made 14 days or more from reservation date are subject to a 10% cancelation fee with all other funds being refunded. Cancelations made 13 days or less from reservation date will forfeit the entire reservation unless otherwise approved by H2O Adventures Management.
I Agree
Late Pickup: - Unless prior arrangements have been made with H20 Adventures, Customers are required to arrive at designated pickup location at least 45 minutes in advance of reservation time (allows for watercraft inspection, watercraft orientation, as well as lake orientation). Pre-rental overview is required, therefore time will not be extended due to customer arriving later than 45 minutes prior to rental time.
- Unauthorized late pickups (1 hour past rental time) will result in the possible forfeiture of the watercraft as well as all associated charges. No refund or voucher will be issued for any amount. If craft (or driver if applicable) is still available then H2O Adventures will rent you the craft, however rental time will not be extended. If craft is unavailable, a refund equal to the amount of time lost will be made up to 50% of the time rented.
I Agree
Weather Policy: - H2O Adventures reserves the right to cancel any reservations due to dangerous weather conditions. In the case that H2O Adventures cancels a reservation due to dangerous weather, a gift card/ voucher for the full rental amount will be issued to customer to be used later on in the year (no monetary refunds will be issued unless trip insurance was purchased at time of rental). Future weather forecast, slight drizzle, and cloudy weather are not justifications for the waiving of H2O Adventures’ cancelation policy.
- Refunds or vouchers will not be issued for inclement weather once the vessel has departed for rental.
I Agree
Fuel fee(s) - Each vessel will be fully fueled at time of rental. Customer is responsible for paying for all fuel used during rental. Fuel costs vary depending on where it is refueled.
- Delivery craft only: There will be a $75 fuel fee charged if Watercraft needs to be refueled upon return in addition to the amount for fuel. Additional fuel per gallon rate will be billed at current market rate for that date.
- Dock return vessels that are not fully fueled at time of relinquish will be charged a $50.00 fuel fee charge in an addition to the fuel fee.
I Agree
Pet Fee - Pets are allowed on boats. A non-refundable pet fee of $50 will be accessed per day.
I Agree
Tow Equipment - We are not the manufacturer of the tow equipment and do not guarantee the functionality or use of said equipment.
- Tow equipment failure or non-use during rental period will not result in refund. If rental is at our on-site location, customer is responsible for returning to rental facility as soon as failure occurs, and equipment will be replaced. If craft has been delivered customer is responsible for picking up replacement equipment from rental office at H2O.
I Agree
Late Fee - Each watercraft returned late will be charged a $50 per 15 minutes late fee. Other renters may be renting the craft behind you so please be considerate of your fellow renters. Late fee may be waived if prior arrangements are made and approved by H2O staff. In these cases, the customer will be charged at standard rates for additional time.
I Agree
DAMAGES Damage Deposit: - In addition to the Rental Payment, Lessee shall pay a security deposit (see Damage Deposit Schedule below) concurrently with the signing of this Agreement. Lessee shall also provide Lessor with a valid credit card. Damage deposit will be reimbursed to the Lessee once the Craft is returned to the Lessor, less any expenses incurred to retrieve the Craft and/or to repair the Craft in the event any damage is caused to the Craft during the Rental Period. Should damages exceed the minimum security deposit listed below Lessee agrees to allow credit card on file to be charged for the remaining amount. If amount exceeds the credit limit on the card, then Lessee shall make payment in full immediately via another method or upon H2O Adventures, Inc. presentation of an itemized repair bill. This security deposit shall not bear interest.
- I acknowledge I will be able to mark any and all damage/blemishes to the PWC/Boat during the check-out process prior to leaving the dock or property. I further agree to be held financially liable for all damage/blemishes not documented prior to leaving the dock or property on check out sheet.
- I hereby voluntarily and of my own volition give H2O Adventures, Inc. the right to immediately charge my credit card in the event there is any damage, accident or incident of any kind regarding the rented watercraft during the rental period. This includes damages done to the rental watercraft motor, or equipment as a result of beaching, running aground, reckless operation, negligence, equipment loss, or violation of the rules. I understand that H2O Adventures, Inc. will conduct an estimate for repairs by a licensed repair company of their choosing and provide me with a copy for review. I further covenant and agree not to challenge the charge on my credit card with the bank or financial institution issuing my card on file with H2O Adventures, Inc. I recognize that H2O Adventures, Inc. has a good faith basis for requiring this provision as it is the only way to protect them from me canceling my credit card or challenging the charges in the event of damages to the watercraft.
- Full damage deposit (varies by craft) will be charged immediately to designated lessee’s credit card on file for each watercraft damaged during rental period. This applies to all damages no matter how big or small.
- If damaged and after appropriate deposit is paid, H2O Adventures, Inc. will have the Watercraft assessed for remaining repairs required to get the Watercraft back into the condition it was in prior to rental. If required repairs cost more than the deposit the lessees credit card on file will be charged the remaining amount plus associated costs (including but not limited to transportation fees, parts, labor, and lost revenue).
- A lost revenue fee of $450 p/day will be charged to renter for each day the damaged craft is not able to be rented due to incurred damages.
I Agree
Damage Deposits - Jet Ski-$2000
- Deck Boat-$2000
- Pontoon Boat-$2000
I Agree
Life Jackets and Safety Equipment - Georgia law requires the following: one life jacket per person on board the vessel for each passenger and all children under the age of 13 must always wear the personal floatation device while on board (Type I, II or III) a moving vessel.
- There must also be a Type IV floatation device on board all vessels longer than 16 feet or more and readily assessable.
- Each person riding on a PWC must wear a Type I, II or III PFD and be properly fitted and fastened. H2O Adventures, Inc. will provide all participants with the number of approved PFDs requested. It is the Lessee/Operator’s responsibility to ensure to ask and receive the correct amount of suitable PFD’s for activity and release H2O Adventures, Inc. of any liability as it pertains to this matter.
- Life jacket must be the appropriate size and in good condition.
- Life jackets must be readily accessible and NOT STORED in a locked compartment.
- A fire extinguisher must be available on all vessels with a gas tank.
- You must have an observer to tow any participants.
- You must have navigation lights on during hours of darkness or low visibility. This also applies to any rental that is processed for multi-days to include overnight usage.
- You MUST put bimini (frame and cover) completely down before approaching bridges. Any damage to frame system or cover will be at the Lessee's expense and added to the Reservation.
I Agree
Vessel Behavior and Requirements of all Participants - Lessee must be at least 21 years of age, have a valid and current driver’s license to operate any jet ski or motorized vessel. Any Lessee born on or after January 1, 1998 must have completed a boater education course approved by the DNR before he/she may legally operate a motorized vessel on Georgia state waters. Valid boating licenses from other states are acceptable. Lessee/Operator must obey all local, state and federal boating laws
- Maintain a “no wake” speed and stay outside of 100 feet of all docks and other vessels and shoreline
- Do not switch drivers between vessels unless both are docked and tied to the dock properly
- Maintain an operable cell phone and provide number to H2O Adventures, Inc staff throughout the duration of the rental in order to communicate between Lessee/Operator and staff
- No smoking on any vessel rented from H2O Adventures, Inc
- No alcoholic beverages allowed on any vessel and consumption of any alcoholic beverages by any participant is prohibited
- Multi-day rentals require an address on file prior to departure as to where the vessel will be docked overnight.
- NO BEACHING ALLOWED WITH ANY MOTORIZED VESSEL. This does not include kayaks and paddleboards. In the event your vessel is observed ‘beached’ there will be an automatic $500.00 fine added to your account
- It is the Lessee/Operator’s responsibility to report any and all lost, broken, stolen or damaged equipment to H2O Adventures, Inc. and will subsequently be charged for equipment
- Clean your vessel or rental equipment prior to return or there will be a $75.00 cleaning fee assessed upon check-in.
- Maintain attention to the fuel level. If Lessee/Operator runs out of fuel there will be a $100 per hour service fee in addition to the fuel. Late fees may also be charged if the return time has expired.
- Maintain attention to bridges or any overpasses that may collide with the vessel or any rented equipment. Failure to maintain a safe distance above may cause damage to the vessel and participants. Lessee/Operator agrees to pay for all damages resulting from this action.
- H2O Adventures, Inc., in no way, can communicate written, verbally or directly differences in lake hazards. The Lessee/Operator must be aware that any damages caused by lake hazards, whether marked or unmarked, will be assessed upon check-in.
- Lessee/Operator must only operate motorized vessels in water no less than five (5) feet.
- Weight distribution is vital on any vessel. Make sure your participants are evenly distributed around your vessel to prevent accidents due to too much weight being in the back, sides or front of your vessel.
I Agree
Navigation Rules of the Road for Boating - Scan constantly for people, objects and other boats on the water.
- Be alert for conditions that limit your visibility or block your vision of others.
- Vessels on your RIGHT have the right of way, slow down and let them pass.
- Vessels approaching head on should pass each other on the RIGHT side safely.
- If you pass another vessel, allow enough room in case vessel makes a turn.
- Motorboats must yield to non-powered vessel, like a sailboat or kayak.
I Agree
Boat Sober Don’t Drink and Drive - Any use of alcohol, prescription or over the counter drugs can impair my ability to operate this boat safely.
- I will not operate this boat or allow anyone else to operate this boat while under the influence.
- I understand that a skier or person on a tube can be arrested for skiing under the influence. Operate at a safe speed. NO horseplay or reckless operation while operating a vessel.
- Keep 100 feet away from people, objects and other boats if operating over idle speed.
- Do not jump wakes or waves around other vessels or persons in the water.
- Operate on the right side of narrow river channels or blind spots. Slow NO WAKE means Idle speed.
I Agree
Rental Vessel - We do not guarantee a specific brand or model of rented vessel just category. Pictures on the website are a depiction of the type of watercraft available to rent not the specific make or model.
- Every effort will be made to make sure non-essential equipment is working on your rental craft, but do not guarantee it. Non-essential equipment includes radio, depth finders, gas gauges, trim gauges, all equipment that is not essential to the basic operation of the craft.
- Non-functioning non-essential equipment will not result in reduction or discount of rental charges or replacement vessel.
- We reserve the right to substitute rented craft in the event of craft break down with a comparable model if available.
I Agree
I agree to all the above policies and procedures. I Agree
DECK BOAT SAFETY AND DAMAGE AGREEMENT 1) I am responsible for any damage to my equipment, equipment belonging to anyone else, or equipment belonging to H2O Adventures, Inc. I understand any and all damage will be assessed on the spot and may exceed the damage deposit held. This will include down time of the equipment while being repaired. The damage amount will be charged to the credit card that was used for the deposit. 2) Since reckless boating will not be tolerated, I will not race or unsafely follow any other watercraft and I will remain a safe distance of at least 100 feet from other watercraft, piers, docks, pilings and shoreline. I will stay clear of any other watercraft, asthey have the right of way. 3) I agree not to operate the watercraft in waters outside the designated area. I will not run up onto concrete or rocks, as this will cause severe damage. I will stay WITHIN the designated area at all times. I HAVE READ THE RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT. I UNDERSTAND THATBY SIGNING THIS DOCUMENT I MAY BE WAIVINGVALUABLE LEGAL RIGHTS. I UNDERSTAND AND AGREE THAT I AM RESPONSIBLE FOR ANY AND ALL DAMAGE. Deck Boat Rental 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.
Follow all applicable Georgia boating laws. - Make sure that you know the local boating rules.
- It’s important to “see and be seen” while on the water.
General Safety The use of drugs and/or alcohol is not permitted - Alcohol, and physical exercise and mental awareness don’t go together. Don’t drink any alcohol (or do drugs) when you’re on the water.
Choose a Suitable Boating Location - When putting in to a body of water, choose a place to boat that is appropriate for the activity.
Avoid Collisions—Most PWC Injuries and Deaths Result from Collisions Take Early Action to Avoid Collisions - Remember, PWCs and other boats do not have brakes. If you are approached head on by another boat, you are to heed to the right as illustrated.
Scan Constantly - Scan constantly for people, objects and other watercraft.
- Be alert for conditions that limit your visibility or block your vision of others.
Operate Your Vessel Defensively - 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.
Rotating props from the engine can kill or seriously injure - Never allow anyone to exit or enter the vessel when the prop is engaged. Props can kill or seriously injure. Keep a proper lookout for swimmers and stay away from swimming zones.
Ensure the prop area is clear before starting the engine. - Be sure the prop is clear of ropes, debris, swimmers and other hazards before starting your engine.
Final Check - Do you understand that you should scan constantly, operate defensively and avoid aggressive maneuvers?
- Do you understand that PWCs and other boats do not have brakes?
- Do you have any questions about the Deck Boat or its operation?
I have been instructed on and understand the rules and information provided in this orientation. Today's date: May 15, 2024
|
