STEEL CITY JET SKI RENTALS LIABILITY/ RELEASE WAIVER
In consideration of the services of Steel City Jet Ski Rentals, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "STEEL"), I hereby agree to release, indemnify, and discharge STEEL, 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 skiing, WaveRunner, and boating 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 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; musculoskeletal injuries including head, neck, and back injuries; wrist, arm, or shoulder injuries; 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, STEEL 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 warnings 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 STEEL 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 STEEL’s equipment or facilities, including any such claims which allege negligent acts or omissions of STEEL.
4. Should STEEL 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 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 condition I may have.
6. In the event that I file a lawsuit against STEEL, I agree to do so solely in the state of Pennsylvania, 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 STEEL 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 STEEL. 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.
PROTECTIVE WETSUIT REFUSAL AGREEMENT
I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Steel City Jet Ski Rentals (hereinafter collectively referred to as ‘STEEL’), that we should wear a properly fitted wetsuit bottom, or clothing that provides equivalent protection, while riding or being around personal watercraft (e.g. jet skis, wave runners, etc.) in order to protect against injuries and/or death caused by water from the jet thrust nozzle being forced into the rectum or vagina. I understand that by not wearing a properly fitted wetsuit bottom, or clothing that provides equivalent protection, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of STEEL and numerous court cases I am refusing this critical safety precaution.
I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings.
This Jet Ski Rental Agreement (“Contract”) is entered into by:
Lessor: Steel City Jet Ski Rentals
1.Lessee agrees that the Leased Equipment has been received in good condition and represents and warrants that it will be returned in the same condition, notwithstanding ordinary wear and tear. If the Leased Equipment is not received in the same condition, and/or any damage is found to have been caused to the Leased Equipment, Lessee shall be responsible for any and all costs associated with repairing the Leased Equipment, including lost profits in the amount of $300.00 per day for every day the Leased Equipment remains in a state of disrepair. Should Lessor commence a legal action, suit or proceeding against Lessee under this Agreement, Lessor shall be entitled to recover from Lessee, in addition to damages and any other relief allowed by law and/or under this Agreement, Lessor’s reasonable costs and expenses, attorneys’ fees, and court costs. Both parties hereby agree that calculating the exact amount of lost profit per day is diffic
2. Lessee shall pay a $50.00 late fee for every fifteen (15) minutes that the Leased Equipment is not returned to the Marina by the required return time.
3. Lessee shall pay a $300.00 fee for each of the following violations of this Agreement, each time they occur:
- Lessee is found violating/in violation of any No Wake zone, including the No Wake zone at Point State Park on weekends, which is in effect starting at 3PM Friday’s and ending at 12AM Monday, including July 4th and Labor Day. The No Wake zone starts at Veterans Bridge and extends to Fort Pitt Bridge and the West End Bridge.
- Lessee is found driving/to have drove faster than No Wake Speed in front of our Marina in Sharpsburg at Launch Point.
- If Lessee is found to have gone beyond any rental boundary. Lessees must not go upstream of the Fort Pitt Bridge, downstream of the West End Bridge, and upstream of the Highland Park Bridge.
*All Rental Equipment is tracked via GPS for the duration of the rental and includes a history of speed and location for entire rental.
4. Lessor reserves the right to terminate and demand return/cause to be returned the Leased Equipment at ANY TIME, whether during the rental period or otherwise, should Lessee violate any conditions of this Agreement, disobey any of the rules given during the safety briefing, and/or are discovered being unsafe to other boaters on the water.
5. Lessee agrees to supervise both the Leased Equipment and its use at all times the Leased Equipment is in the possession of Lessee. Lessee agrees to follow the directions and safety rules as posted on the Leased Equipment or as otherwise provided to Lessee by Lessor.
6. Lessee acknowledges and represents that it has adequate homeowner's insurance, tenant insurance, or other liability insurance to cover any bodily injury or property damage which might occur to itself, its guests or its invitees from the use of the unit being rented or else lessee agrees to bear the costs of defense and liability of any such injury or damage itself.
7. Lessee agrees not to remove the Leased Equipment from the location on which Lessor has assembled or installed it. Lessee further agrees not to disassemble or uninstall the Leased Equipment or to assemble or install the Leased Equipment.
8. Lessee grants Lessor right to enter Lessee’s property for the delivery, pick-up or repossession of the Leased Equipment. Lessee agrees not to loan, sublet or otherwise dispose of the Leased Equipment.
9. In the event that Lessee files a cause of action against Lessor, Lessee agrees to do so solely in the state of Pennsylvania, and further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
10. Lessee agrees that if any portion of this Contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
11. Lessee acknowledges that sufficient time and opportunity were had to read this entire Contract, and understands its content and is executing it freely, intelligently and without duress of any kind and agrees to be bound by its terms.
Today's Date: August 16, 2022
I HAVE READ THE ABOVE DECLARATIONS, UNDERSTAND THEM, AND I AGREE TO BE BOUND TO THEM