Basic Waiver that everyone must sign
The Lessee Certifies: (initials for each or electronic sig at end)
A) That he/she has examined the watercraft and equipment and finds it acceptable and suitable for the purpose for which it is leased
B) That only those individuals listed as authorized operators will operate the rental watercraft;
C) That Lessor has provided all authorized operations with safety and operational instruction;
D) That Lessor has provided printed material explaining the applicable state and local boating rules and regulations, the operational characteristics, the environmental effects, and the common courtesies of operating personal watercraft.
E) That all authorized operators are capable in all aspects of the handling and operation of the rental watercraft and will operate in accordance with all stafety rules and regulations, and further certifies that all authorized operators have read and understood said rules and regulations.
F) Lessee Agrees to limit the operations of the watercraft to the waters of the Pamlico Sound and only between sunrise and sunset.
G) Lessee agrees to report any accident, malfunction or breakdown of rental watercraft to lessor immediately in accordance with paragraph (6) on the reverse side.
I (WE) HAVE READ THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT (electronic sig)
1. The Lessee acknowledges that he/she has carefully examined the watercraft and finds it suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both watercraft and equipment in a safe, dependable condition while in his/her custody.
2. Cash bond deposit (as provided in the statement of charges) shall be retained by the Lessor as partial compensation for failing to return said rental watercraft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of the watercraft by Lessee. Retention of the cash bond deposit shall be in addition to, and not to the exclusion of, any other remedies Lessor may have at law.
3. Lessee agrees not to use, nor permit the use:
A) Of the rental watercraft for any unlawful purpose;
B) Of the rental watercraft in a careless, reckless, or negligent manner;
C) Of the rental watercraft while under the influence of liquor and/or narcotics;
D) By any other person who is not an authorized operator under this agreement.
Reckless operation of a watercraft shall include but not be limited to:
A) Weaving through congested traffic;
B) Jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around other vessel is obstructed or restricted;
C) Becoming airborne or completely leaving the water while crossing the wake of another vessel with 100 feet of the vessel creating the wake;
D) Operating at greater than slow/no wake speed within 100 feet of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim area, swimmers, surfers, persons engaged in angling, or any manually powered vessel;
E) Operating contrary to navigation rules including following too closely to another vessel, including another personal watercraft. “Following too closely” shall be construed as proceeding in the same direction and operating at a speed in excess of 10 mph within 100 feet to the rear or 50 feet to the side of another vessel which is underway, unless said vessels are operating in a narrow channel, in which case personal watercraft may operate at the speed and flow the other vessel within the channel.
4. Lessee acknowledges his/her responsibility for the safe and proper operation of the watercraft; and for the safety and welfare for other boaters and persons. Is is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental watercraft. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR 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 watercraft. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE’S personal property while carried in, or on, the rental watercraft, including loss or damage caused by fire, water, or any other causes, -whatsoever.
5. LESSEE expressly agrees to indemnify and hold LESSOR of, from and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of foregoing rental contract by LESSOR, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property and/or to enforse any of the terms, conditions, or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of LESSOR.
6. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental watercraft that LESSEE will immediately report same to LESSOR. Continued use of it shall be entirely at the LESSEE’S risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use.
7. LESSOR’S ability to provide a rental watercraft, if reserved, is contingent upon and subject to the return of the watercraft by the previous lessee, or any other cause beyond LESSOR’S control
8. LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated on the time used.
9. The rules and regulations contained herein and as posted in the office, on the watercraft, and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understands said rules and regulations, and further agrees the responsibility to see that his/her family and/or guest(s) will obey the rules.
10. Should any term or condition of this Rental Agreement be held void or unenforceable, then that term should be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.
11. THE TERMS AND CONDITIONS ON BOTH SIDES OF THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT - NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT.
PARTICIPATION AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Charlie’s Boat Rentals LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “CBR”), I hereby agree to release, indemnify, and discharge CBR, 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 and personal 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 parties. I understand that such risks simply cannot be eliminated without jeprodizing the essential qualities of the activity.
The risks include, among other things: slips and falls, accidental drowning, watercraft may capsize and cause entrapment; travel in remote areas; collision with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and accidents can occur while getting on or off; the negligence of participants, or other persons who may be present; exhaustion; exposure to the elements of the outdoors and natural surroundings 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; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; passengers can be thrown off the vehicles; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries: cuts, abrasions and bruises; the negligence of participants or other persons who may be present: equipment failure or operator error, accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity. Additionally, fatigue, chill and/or dizziness my diminish my/our reaction time and increase the risk of an accident. Traveling to and from the pier raises the possibility of any manner of transportation accidents.
Furthermore, CBR personnel have difficult jobs to perform. They seek safety, but they are not infallible. They mighty be unaware of a participants fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
1. I expressly agree and promise to accept and assume all of the risks 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.
2. I hereby voluntarily release and forever discharge, and agree to indemnify and hold harmless CBR 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 of CBR’s equipment or facilities. Including any such claims which allege negligent acts or omission of CBR.
3. Should CBR or anyone acting on their behalf, be required to incur attorneys fees and costs to enforce this agreement. I agree to indemnify and hold them harmless for all such fees and costs.
4. I certify 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 conditions I may have.
5. In the event that I file a lawsuit against CBR, I agree to do so solely in the state of North Carolina, 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 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 any anyone is hurt or property is damage 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 CBR 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 CBR.
December 9, 2022