RENTAL AGREEMENT, PHOTO RELEASE, AND RELEASE OF LIABILITY
AND ASSUMPTION OF RISK AGREEMENT
In consideration of the opportunity to participate in the rental of Craft and Equipment described above by Portage Wake (the Company), I, for myself, and any minor children for whom I sign on behalf, and our respective heirs, administrators, personal representatives and assigns acknowledge that there are risks and I and whom I sign for are voluntarily participating and agree to the following:
Rental: Participant has had an opportunity to inspect the Craft and Equipment and ask any questions regarding the operation and safety features. Participant acknowledges receipt of rental Craft and Equipment AS IS for self and participants registered under name and has examined the Craft and Equipment and finds it acceptable and suitable for the rental or activity and will keep the Craft and Equipment in safe, dependable condition while in their possession. Participant will operate the Craft in accordance with all safety rules and regulations and further more certifies that the participant has researched, read and understands rules and regulations. Participant accepts responsibility for the Craft and Equipment and agrees to return at or before the termination of the rental period. Participant agrees that he/she will return the Craft and Equipment in good condition, ordinary wear and tear expected. Participants understands and accepts that their Cash Deposit shall be retained as partial compensation if any damage to the Craft or Equipment occurs outside normal wear and tear. In the event of any loss, theft, breakage or destruction of the Craft or Equipment, the Participant agrees that they will be liable for up to the full replacement value and will not limit the ability to seek replacement compensation. Participant agrees they will be liable to pay any late fees if the Craft or Equipment is returned after the rental period expires. The Participant agrees not to use, nor permit the use: of the rental craft for any unlawful purpose; of the rental craft in a careless or negligent manner; of the rental craft while under the influence of liquor and/or narcotics; of the rental craft by any other person not the signatory of this agreement, or not equally qualified. In the event of malfunction, breakdown, or defect is discovered after acceptance of the rental craft that the Participant will immediately report same to the Company. Continued use of it shall be entirely at the Participants risk and thus Participant assumes all liabilities of injury and damage to all persons and property that may become involved by it’s continued use. Company’s ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous Participant, or any other cause beyond the Company’s control. Company reserves the right to cancel this Agreement due to inclement or impending bad weather. Portage Wake has provided me with rules and regulations relating to the watercrafts (boat and PWC) as well as equipment, and I understand those rules and regulations and agree to follow and abide by them at all times.
Photo Release: I hereby grant the Company permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Company and will not be returned. I hereby irrevocably authorize the Company to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
Express Assumption of Risk: I have provided accurate health information and I am in good health and have no physical/ mental limitations that would affect my understanding of this document or safe operation of any equipment or PWC. My participation in the activity with the Company is voluntary and I acknowledge that use of the jet ski (PWC), being aboard the wake boat, and the use of sports Equipment (Wakeboard, Water Ski’s, Wake Skate, Wakesurf Board and tow ropes are an overall physically demanding activity and includes dangers, hazards and risks that may arise out of participation. I understand that all participants must participate within their own abilities and with utmost caution. I understand my limitations and the limitations of my minor children, and after considering such dangers and risks and in reliance on my personal judgment, I acknowledge that I or my minor children are physically and medically in a condition fit to participate and use the related Craft or Equipment. I acknowledge the risk of injury exists when participating and using the related Craft or Equipment, including:
- Cuts, broken bones and other injuries, permanent disability or death from collision, capsizing, sinking, rollovers, falling/jumping off Jet Ski’s (PWC), running into objects, including submerged objects and hazards that are not visible.
- Water hazards, including drowning, hypothermia, physical impact on the water and/or rocks.
- Exposure to weather, including heat exhaustion, heat stroke, sunburn, dehydration, lightning, or wind that may increase the risk of accident.
- Exposure to insects and/or animals.
I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. I agree to assume all of the risk and responsibilities for myself and minor children for any accident, death, bodily injury, paralysis, loss of personal property and expense thereof as a result of participating and using any of the rental Craft or Equipment. I represent that I and my minor children have adequate health insurance to provide for and pay any medical costs resulting from participation. As a Participant I acknowledge my responsibility for the safe and proper operation of the craft, and for the safety and welfare of other boaters and persons. It is agreed and understood by Participant that the Company shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. Participant further agrees to indemnify and hold harmless the Company from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation, or possession of said rental craft. Participant further agrees to hold the Company harmless should loss or damages occur to any of the participants personal property while carried in, or on, the rental craft, including loss or damage caused by fire, water, theft, or any other cause whatsoever.
Release of Liability, Waiver of Claims and Indemnity Agreement: Except for the gross negligence of the Company I, for myself and any minor children for whom I sign on behalf, and our respective heirs, administrators, personal representatives and assigns, hereby release, hold harmless, covenant not to sue and indemnify the Company and its agents, employees and volunteers from any and all liability, including attorney fees and costs for injury or damage, including, but not limited to, death or injury to me, my family, minor children or other interested persons and for damage or loss of personal property, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by Company to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county and state of the Company. This agreement shall be governed by the laws of the state of Company. Furthermore, hold harmless of any and all claims relating to participant use, operation, riding of any equipment of watercraft no matter who makes or made a claim. In addition, hold harmless any and all claims advanced or maintained by a third party or any minor who uses, operates, or rides equipment or watercraft.
Alcohol and Substance Policy: The consumption of alcohol or use of substances that impair judgment is forbidden during the use of any rental Craft or Equipment from the Company. By signing this Release of Liability and Assumption of Risk Agreement, I acknowledge that I am not under the influence of alcohol or judgment-impairing substances. I will not cause myself to become so impaired during use of the Craft or Equipment from the Company, and I understand that the Company will not be responsible for any injury to me or any third parties if I violate this policy.
Miscellaneous: I agree that this Release of Liability and Assumption of Risk Agreement is governed by Michigan law. Any dispute will be subject to the jurisdiction and venue of the courts for the County of Houghton, Michigan, or if established, the jurisdiction in the United States District Court for the Western District of Michigan in Marquette, Michigan. I agree that these venues are convenient. If any provision of this Release of Liability and Assumption of Risk Agreement is unenforceable or invalidated, I agree that it will be ineffective only to the extent of such prohibition or invalidity and the remainder will be construed as though the unenforceable provision was stricken.
I HAVE READ THIS RENTAL AGREEMENT, RELEASE OF PHOTO AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS FOR MYSELF AND MY MINOR CHILDREN AND OUR RESPECTIVE HEIRS, ADMINISTRATORS AND PERSONAL REPRESENTATIVES BY SIGNING IT.