WAIVER AND RELEASE OF LIABILITY AGREEMENT
I. DISCLAIMER - This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by Jax Boat Rentals, LLC *(for purposes of this Waiver and Release, the term "Jax Boat Rentals, LLC" includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Jax Boat Rentals, LLC.) If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that is inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of the undersigned minor child(ren). Renter agrees that he/she will disclose to Jax Boat Rentals, LLC, all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Jax Boat Rentals, LLC of all potential operators, passengers, or uses 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 Jax Boat Rentals, LLC.
II. ACKNOWLEDGEMENT OF RISKS - The undersigned herby acknowledges that some, but not all of the risks of participating in watersport activities include: Changing water flow, tires, currents, wave action and ship wakes; Collisions with any of the following: Other participants;The boat’s; Other boats; Manmade and Natural Objects; Collision, capsizing, sinking or other hazard which results in wetness, injury, expose to the elements, hypothermia, drowning, and/or the possibility of death: Attack by or encounter with insects and marine life forms; Equipment failure or operator error; Sense of balance, loss of coordination, ability to operate equipment, swim or follow directions; temperature; Wind inclement weather, lightening, variances and extremes of wind, weather and temperature;Heat or sun related injuries or illnesses, including sunburn, sunstroke and/or dehydration of these risks is not complete and that unknown or anticipated risks may result in injury, illness, serious bodily harm or possible death.
III. EXPRESS ASSUMPTION OF RISK - The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Jax Boat Rentals, LLC at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to rental, operation, and/or use of the rental equipment. The undersigned assumes full responsibility for the risks or personal injury, accidents or illness, including but not limited to: sprains, torn muscles, and/or ligaments; fractures of broken bones; eye damages; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bites or attacks; shock, paralysis, downing, and/or death and for any resultant expenses regarding any of the forgoing risks, injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Jax Boat Rentals, LLC.
IV. WAIVER AND RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Jax Boat Rentals, LLC from any and all liability of any nature for any and all injury or damage arising from personal injuries sustained by the undersigned or any minor child or children under the undersigned’s custody, care, and/or control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Jax Boat Rentals, LLC, regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages, which may occur, and further agrees that Jax Boat Rentals, LLC shall not be liable for any loss or theft of personal or private property. The undersigned specifically agrees that Boat Rentals LLC shall not be responsible for such injuries, damages, and loss of theft. EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY JAX BOAT RENTALS, LLC, 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 Jax Boat Rentals, LLC.
V. LIABILITY TO THIRD PARTIES - The undersigned hereby agrees that he/she will indemnify and hold harmless Jax Boat Rentals, LLC 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 boat’s and the minor children under the undersigned’s custody, care, and control as a result of any and all actives related to the rental, operation, or use of equipment provided by Jax Boat Rentals, LLC, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY JAX BOAT RENTALS, LLC.
VI. FLORIDA LIFE JACKET LAW:
- All recreation vessels must have at least one personal flotation device (PFD) that is U.S. Coast Guard (USCG) approved and the proper size for each person on boat.
- Vessels 16 feet or longer must have one “throwable” Type IV PFD which is USCG approved and immediately available.
- Children under six years old must wear a USCG approved life jacket at all times on any vessel less than 26 feet in length that is underway in Florida waters.
- Children under 13 years of age on vessels operating on waters outside the geographical boundaries of Florida must wear a USCG approved PFD unless the child is below deck or in an enclosed cabin.
- Each person on a personal watercraft (PWC), such as a Wave Runner or Jet Ski, must wear a USCG approved life jacket.
- Upon acceptance of this Waiver and Release, the Lessee(s) hereby acknowledges and understand that the laws pertaining to the use of Life Jackets is the sole responsibility of the Lessee(s) and shall indemnify and hold harmless Jax Boat Rentals, LLC. This Notice Regarding Life Jackets is provided for informational purposes only. Lessee(s) are solely responsible for abiding by these laws and rules. Any citation(s) received for failure to follow these rules or safety regulations is the sole responsibility of the Lessee(s).
VII. ACKNOWLEDGEMENT OF WAIVER AND RELEASE - The undersigned states that he/she has had sufficient time to review the Waiver and Release and ask nay questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows 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 Jax Boat Rentals, LLC with the knowledge of 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 legal action to assert a claim against Jax Boat Rentals, LLC for negligence.
***READ RELEASE BEFORE SIGNING***
RULES AND CONDITIONS
Please check the box where it says I AGREE
In consideration of being permitted to lease a watercraft and/or equipment (any equipment) from Lessor, Lessee or signer futher agree(s)
(a) Reservations cancelled inside seven (7) days of actual boat rental will forfeit deposit and there will be no refunds for leased watercraft and/or equipment returned early, and that all leased watercraft and/or equipment is due in at Jax Boat Rentals no latter 5:00 PM EST. Lessor reserves the right to cancel this Rental Agreement due to inclement or impending bad weather. Rental fees will be prorated based upon time used.
(b) ALL RENTERS AND ANYONE OPERATING A RENTAL BOAT MUST BE AT LEAST TWENTY-FOUR (24) YEARS OF AGE AT THE TIME OF RENTING AND PROVIDE PROOF OF SUCH AGE
(c) Deposit: All reservations require a deposit of 25% per day or part day per boat rental taken automatically on booking site
(d) Credit Card: A valid credit card must be provided onsite prior to departure to rent any boat
(e) Jax Boat Rentals reserves the right to limit partial day rentals
(f) The Lessee(s) acknowledges he/she has carefully examined the boat and finds it suitable for the purpose for which it is leased, and that any accessory equipment is in suitable and acceptable condition: that he/she will maintain both boat and equipment in a safe and dependable manner while under his/her custody and control.
(g) Lessee(s) agrees to not use, nor permit the use or operation of the rental under ANY of the following:
- the rental boat for any illegal or unlawful purposes;
- the rental boat in a careless and/or negligent manner;
- the rental boat while under the influence of any alcoholic beverages, narcotics; or any other drug (whether prescription or nonprescription) that may impar your ability to properly operate a vessel;
- any person not the signatory of this agreement, at least twenty-four (24) years of age, or not equally qualified; and
- the rental boat after dark
(h) Lessee(s) acknowledges his/her responsibility for the safe and proper operation of the boat; and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY LESSEE(S) that the Lessor shall not be held liable for the damages, inconvenience or time lost caused by an accident, breakdown, or malfunction of the rental boat. Lessee(s) FURTHER AGREE to indemnify and hold harmless the Lessor and its agents, affiliates and personnel form, and against any and all claims for loss or damage to property or injury to persons (including death) resulting through use, operation, or possession of said rental boat. Lessee(s) further agrees to hold the Lessor harmless should loss or damages occur to any Lessee's personal property while carried in, or on, the rental boat, including loss or damage by fire, water, theft, or any other causes whatsoever.
(i) Lessee(s) expressly agrees to indemnify and hold Lessor and hold Lessor and its agents, affiliates, and personnel, harmless from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forgoing Rental Contract by Lessor, including any expenses incurred in possession of said rental property and/or enforce any terms, conditions and/or provisions hereof. It is understood and agreed that Venue and any action hereunder shall be bound by the laws of the State of Florida and County of the Lessor.
(j) In the event of malfunction, breakdown, of if any defect is discovered after acceptance of the rental boat the Lessee(s) will immediately report it to Lessor by telephone at 904.800.7320 and the Marina Office. Continued use of the vessel shall be entirely at the Lessee(s) risk and thus Lessee(s) assumes full liability of injury or damages to all persons and property that may become involved by its continued use, including but not limited to any damages to the boat rental.
(k) Lessor's ability to provide rental boat if reserved, is contingent upon and subject to the return of the unit by the previous Lessee(s), or any other cause beyond the Lessor's control.
(l) The rules and regulations contained herein and as posted in the office, on the boat and/or the grounds by the Lessor are for the safety and welfare of all who use the facilities. The Lessee(s) certifies that he/she has read and understands said rules and regulations and further assumes the responsibility that his/her family and/or guests will always obey these rules.
(m) 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 enforceability, and the remainder shall not be affected and will remain in full force and effect.
I AGREE TO THESE RULES
I Agree to (a) thorugh (m)
Condition of Boat upon Return:
(a) Lessee(s) shall return the boat to the designated docking area clean, free of garbage and/or debris, and in the same condition as it was rented apart from ordinary wear and tear.
(b) A major credit card authorization (Visa, Mastercard, Discover, American Express and/or Debt) or Cash in the amount of$ to be determined and shall be retained by the Lessor as partial compensation for failing to return said rental boat in good condition, ordinary wear and tear exclude, when received; and for reimbursement of articles damaged, missing and/or broken; or to be applied to the rental charges upon return of the boat by Lessee(s)
I Agree to (a) and (b)
Failure to Refuel:
The Lessee agrees to have boat refueled and the tank FULL when the boat is turned in for final check out. The Lessee is responsible for the charges for fuel and acknowledges these costs will be charged separately. If the boat has not been refilled, there will be a $5.00 per gallon charge for refueling in addition to the cost of fuel. If the boat is returned without fuel, the Lessee acknowledges agreement to be charged the refueling fee.