In consideration of the services of North Tahoe Watersports Inc. dba Lake Tahoe Parasailing, dba North Tahoe Watersports, Its agents, owners, officers, volunteers, employees, and all other persons or entities action in any capacity of its behalf (collective-ly and separately "NTW"), the undersigned hereby agrees to release and discharge NTW, on behalf of the participant, the par-ticipant's heirs, assigns, personal representatives and other successors as follows:
1. The undersigned acknowledges that water sports entail known and unanticipated risks which could result in personal phys-ical or emotional injuries, paralysis, death or damages to the participant, to property or to third parties. The undersigned acknowledges his/her understanding that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. These risks include, but are not limited to: bodily injury, death, dismemberment, from among other causes impact with water, other vehicles or participant's own equipment, open water, cold water, wind, waves, currents, unpredictable weather and environmental conditions, obstacles on shore or in water (natural or manmade), wildlife (animals, birds, fish etc) and plants, negligence caused by the undersigned or third parties. I will be familiar with and will comply with all California and United States Coast Guard safety/navigational rules and regulations for boating on the waterways on which I intend to use the rented vessel.
2. The undersigned further acknowledges that NTW guides, instructors, and other staff seek to provide a safe environment and experience, but are not infallible. They might misjudge the weather or terrain, or give inadequate warnings. They might be ignorant of a participant's fitness, past experience or abilities. The undersigned further acknowledges that there are different levels of participation available and has chosen the activity personally, based upon judgment and skills. The undersigned has made no misrepresentations of the participant's ability to participate and use equipment.
3. The undersigned expressly agrees and promises to accept and assume all of the risks existing in this activity. Participation in this activity is purely voluntary and election to participate in this activity is made with full knowledge of the associated risks.
4. The undersigned voluntarily releases, forever discharges, and agrees to indemnify and hold harmless NTW from any and all claims, demands, or causes of action which are in any way connected with participation in this activity or use of NTW's equip-ment or facilities, including any such claims which allege negligent acts or omissions of NTW. The undersigned assumes full responsibility for damage to property of NTW and others and for bodily injury or death of self or others . The undersigned fur-ther certifies that the participant has adequate insurance to cover any injury or damages the participant may cause or suffer in connection with participation in this activity, and agrees to bear the costs of such injury or damages regardless of insur-ance coverage. The undersigned agrees to indemnify and hold harmless NTW, or anyone action on its behalf, for all attor-ney's fees and costs incurred in enforcement of this agreement.
5. If a minor is a participant, in consideration of participant being permitted by NTW to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless NTW from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use and participation by Minor.
6. I acknowledge that I have been advised to wear a U.S. Coast Guard approved personal flotation jacked ("life jacket") while participation in the activity or riding in any watercraft.
7. I have read and reviewed NORTH TAHOE WATERSPORTS' requirements, rules, and instructions governing the use of NORTH TAHOE WATERSPORTS' vessels. IT IS THE INTENTION OF THIS RELEASE AND WAIVER FORM TO EXEMPT AND RELIEVE NORTH TAHOE WATERSPORTS FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAM-AGE OR WRONGFUL DEATH CAUSED BY NORTH TAHOE WATERSPORTS'S NEGLIGENCE, AND TO BE AS BROAD AND INCLUSIVE A RELEASE OF LIABILITY AS IS PERMITTED UNDER THE LAWS OF CALIFORNIA.
Rental: Renter and Renters shall hereby be referred to as Renter. Renter hereby agrees to rent watercraft on the terms and conditions set forth.
Age of Operator: Renter acknowledges that operator of watercraft MUST be 18years of age or older prior to date and time of rental.
Acknowledgement: Renter acknowledges that he/she understands hazards associated with watercrafts on Lake Tahoe. Renter understands that there is a risk of property damage, personal injury and/or death and other hazards associated with watercrafts and that neither NTWS or its officers, directors, employees, agents and/or servants has made any representations to Renter other than what is contained in this agreement, and Renter enters into this agreement freely and voluntarily.
WARNING NOTICE: The operation of a watercraft in Lake Tahoe may be hazardous at times due to wind, waves, unmarked obstacles, obstacles protruding from or existing just below the surface of the water, and others. The watercraft operator should use utmost caution in operating the watercraft as the Renter is responsible for any and all damages occurring while this watercraft is rented, including but not limited to damages to the hull, prop, rudder, shaft, strut, transmission, and/or engine. The watercraft operator in any circumstances other than an extreme emergency should not beach the watercraft and should remain a MINIMUM OF 900 FEET OFF SHORE and/or from buoys, buoy fields, piers, marinas, and/or other watercrafts or watercraft and/or other individuals and/or obstacles in water.
Insurance: Renter certifies that he/she has a policy/policies of insurance for both bodily injury and property damage to self and to all others which covers the operation of the watercraft and passengers; and, Renter agrees that such policy/policies of insurance will be primary with respect to any personal injuries, deaths and/or property damage which occur as a result of the operation of the watercraft, equipment or furnishings by Renter and any permissive users of the watercraft.
Attorney's Fees: Renter agrees that should it become necessary for either party to this agreement to hire the services of an attorney to enforce his/her/its rights and liabilities as to any and all disputes arising from this agreement, the prevailing party as to any action shall be entitled to reasonable attorney’s fees. Any action shall be defined as any proceeding brought in a court of law, a proceeding conducted pursuant to judicial or non- judicial arbitration rules, or mediation.
I AgreeDRUGS AND/OR ALCOHOL: IT IS UNLAWFUL FOR ANY PERSON TO OPERATE WATERCRAFT OR RELATED ITEMS WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES OR DRUGS. Renter asserts that watercraft will not be operated under the influence of drug(s) and/or alcohol
By signing this rental agreement Renter is accepting the notices, terms and conditions of this Rental Agreement and acknowledging his/her awareness of his/her responsibilities as to the safe operation of the watercraft. Renter further acknowledges that he/she has participated in an orientation pertaining to the watercraft, its equipment and the proper and safe operation thereof and that any behavior whether perceived or actual, witnessed or not, can result in the immediate termination of rental without warning or refund.
CLEANING FEE: Renter agrees to pay $175.00 fee plus FULL hourly rental rate for time spent cleaning foreign objects or matter found in watercraft after usage including but not limited to food, garbage, sand, hair and belongings.
Renter acknowledges that Pets and Emotional Support Animals are NOT allowed on watercraft at any time.
DAMAGES, ADDITIONAL CHARGES AND DEPOSITS
North Tahoe Watersports Inc. will charge my credit card (digital capture on file) for damage incurred regardless of fault; in addition to payment(s) for scheduled rental time(s) and other associated charges; and, that my card has a minimum per transaction and daily limit of at least two thousand and five hundred dollars ($2,500.00).
A fee may be applied to watercraft returned and/or towed in after business hours. Watercraft returned late will be charged at a rate double to the full rental rate.
I have read and understand the Rental Agreement. My credit card on file and this acknowledgment affirm that I understand and accept the above statements.
RELEASE AND WAIVER FORM-BOAT RENTAL FACILITY
I AgreeIn consideration of NORTH TAHOE WATERSPORTS INC. agreeing to rent a vessel to me, I hereby agree to the following:
I will be familiar with and will comply with all California and United States Coast Guard safety/navigational rules and regulations for boating on the waterways on which I intend to use the rented vessel.
I agree and will comply with all of NORTH TAHOE WATERSPORTS INC. requirements, rules, and instructions governing the use of your vessels.
I have received and reviewed a copy of NORTH TAHOE WATERSPORTS INC. requirements, rules and instructions governing the use of NORTH TAHOE WATERSPORTS INC. vessels. Please initial this box if so.
I FULLY REALIZE THE POTENTIAL HAZARD IN OPERATING AND RENTINGVESSELS.
I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of NORTH TAHOE WATERSPORTS INC., its officers, club members, employees, agents, or servants, about or upon the premises of NORTH TAHOE WATERSPORTS INC. and/or while using the vessel rented to me by NORTH TAHOE WATERSPORTS INC.
I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANTS NOT TO SUE NORTH TAHOE WATERSPORTS INC., its officers, club members, employees, agents, or servants, of and from all claims (first or third party) which may hereafter develop or accrue to me on account of, or by reason of, any injury, loss or damage, which may be suffered by me or to any property, because of any matter, thing or condition, negligence or default whatsoever, and I hereby assume and accept the full risk and danger of any hurt, injury or damage which may occur through or by reason of any matter, thing or condition, negligence or default, of any person or persons whatsoever.
IT IS THE INTENTION OF THIS RELEASE AND WAIVER FORM TO EXEMPT AND RELIEVE NORTH TAHOE WATERSPORTS INC. FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NORTH TAHOE WATERSPORTS INC. NEGLIGENCE, AND TO BE AS BROAD AND INCLUSIVE ARELEASE OF LIABILITY AS IS PERMITTED UNDER THE LAWS OF CALIFORNIA. Please initial this box if so.
I HAVE READ AND VOLUNTARILY SIGN THIS RELEASE AND WAIVER OF LIABILITY.
I acknowledge that I have been fully and completely advised of the potential dangers involved in the activity of boating. To satisfy NORTH TAHOE WATERSPORTS INC. that I have been advised and am fully aware of the legal consequences of signing the within instrument I have hand-written the word "YES" in the box on the bottom of this page.
Signed:Date:May 16, 2021
Waiver of Liability and Release, Express Assumption of Risk and Indemnity Agreement
I understand and acknowledge that there are risks of personal injury, death, and property damage while participating in the activities that are the subject of this rental agreement. The risks are inherent in these concession activities; still other risks may arise from conditions, situations, or activities of which 1 am presently unaware. My participation is voluntary and based on my independent assessment of the risks, without reliance on representations or advice by employees or representatives of the Concessionaire, the State of California, or any other person.
In consideration of being granted this rental agreement and the use of concession equipment,
I HEREBY RELEASE, WAIVE, AND RELINQUISH ALL CLAIMS AND LEGAL ACTIONS FOR PERSONAL INJURY, WRONGFUL DEATH, OR PROPERTY DAMAGE AGAINST CONCESSIONAIRE, AND AGAINST THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION (STATE), ARISING AS A RESULT OF MY PARTICIPATION IN THESE CONCESSION ACTIVITIES, OR ANY ACTIVITIES INCIDENTAL THERETO INCLUDING RESCUE ACTIVITIES; THIS RELEASE APPLIES EVEN IF CONCESSIONAIRE AND/OR STATE IS NEGLIGENT OR OTHERWISE AT FAULT. I ALSO AGREE TO PROTECT, HOLD HARMLESS, DEFEND AND INDEMNIFY CONCESSIONAIRE AND STATE FROM ALL CLAIMS AND LEGAL ACTIONS FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM MY CONDUCT; THESE INDEMNITIES APPLY EVEN IF CONCESSIONAIRE AND/OR STATE IS NEGLIGENT OR OTHERWISE AT FAULT.
I understand the effect of my signing this document is that I (1) acknowledge and assume all risk of injury, death, or property damage I might suffer while participating in these concession activities, even if it occurs as a result of the negligence of Concessionaire and/or State or defects in equipment, (2) absolve and release Concessionaire and State from the consequences of their negligence, including without limit, rescue efforts, and defects in equipment, and (3) will protect, hold harmless, indemnify and defend Concessionaire and State against any legal actions or other claims for damages arising from my actions. I UNDERSTAND THAT I AM FORFEITING IMPORTANT LEGAL RIGHTS AND INCURRING IMPORTANT LEGAL RESPONSIBILITIES.
I understand that certain minimum skills, capabilities, physical and mental health, and fitness are required in order to participate in dangerous activities such as these concession activities; 1 warrant that 1 possess these. I understand and agree that should emergency rescue services or evacuation become necessary, the expenses are my sole responsibility and not those of Concessionaire and/or State or any other public or private entity.
I warrant that I am executing this agreement voluntarily and that neither Concessionaire nor the State has made any representations to induce or coerce me to sign this document. I agree that the terms of this document bind me, my heirs, assigns, executors, and administrators, and expressly and specifically protect Concessionaire and State including, as applicable, their agents, employees, officers, directors, and shareholders.
Today's Date: May 16, 2021