RENTAL AGREEMENT AND LIABILITY WAIVER
RELEASE AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY
I, THE UNDERSIGNED, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE PROVIDED POSITIVE IDENTIFICATION AS PROOF THAT I AM OVER 18 YEARS OF AGE. TO PAY FOR ANY OR ALL DAMAGES TO ANY PROPERTY OF INDEMNITEE CAUSED BY EITHER NEGLIGENCE, WILLFULLY, OR OTHERWISE. I UNDERSTAND THAT I AM FULLY RESPONSIBLE FOR THE RETURN OF THE RENTAL PROPERTY (AS STATED IN 4).
The undersigned, as "RENTER" in consideration for the use of the rental equipment identified herein ("rental equipment") and other good and valuable consideration, the receipt of which is hereby acknowledged, voluntarily and knowingly executes this Release and Indemnification Agreement ("Agreement") with the express intention of effecting a complete and total release and indemnification of Wild Life Watersports LLC. (including its parents, subsidiaries, affiliates, relatives, agents, servants, employees and assigns), as "COMPANY" as well as effecting other covenants and warranties as follows:
1. Warranties and Acknowledgment. RENTER, as inducement to COMPANY to enter into this Agreement, expressly makes the following warranties and acknowledgments and states that:
a. RENTER has conducted a visual and physical inspection of the rental equipment and has determined that it is in good and safe working condition.
b. If RENTER is executing this release on behalf of any minor children, that RENTER is the parent of guardian of the minor(s) with full authority to supervise the child(ren) and bind them to this Agreement.
c. RENTER, and if applicable, RENTER'S child(ren), is/are familiar with the proper usage and operation of the rental equipment and/or has requested instructions from COMPANY as to the rental equipment's proper usage if RENTER or RENTER'S child(ren) is/are unsure as to the rental equipment's proper usage and operation. RENTER expressly concedes that removal of the rental equipment from COMPANY'S immediate custody and control constitutes an acknowledgement that RENTER, and if applicable, RENTER'S child(ren), have either received full and adequate instruction on the rental equipment's use from COMPANY or waived receipt of these instructions.
d. RENTER fully understand and acknowledges that there exists certain inherent dangers and risks of damage or serious bodily injury, including death, associated with the use and operation of the rental equipment, notwithstanding the exercise of due care. RENTER further represents and warrants that RENTER, and if applicable, RENTER'S child(ren) are in good health, and that RENTER knows of no physical illnesses or limitations preventing RENTER, and if applicable, RENTER'S child(ren) from using the rental equipment in a safe manner, with due care, and only for its intended proper use and purpose; and
e. In light of these acknowledgments, RENTER fully understands, acknowledges and agrees that all children using any child passenger apparatus or equipment in conjunction with the use of any rental equipment shall be required to wear a child safety helmet and/or child safety flotation vest. RENTER further understands, acknowledges and agrees that RENTER has the sole obligation and responsibility to supervise his or her child(ren) in the usage of the rental equipment.
f. RENTER agrees to wear personal flotation device at all times whether or not it is required by law.
2. Covenants. RENTER, as further inducement to COMPANY to enter into this Agreement, expressly agrees and covenants that RENTER, and if applicable, RENTER'S child(ren), shall be the only person/people allowed to use and operate the rental equipment and that RENTER, and if applicable, RENTER'S child(ren) shall use the rental equipment safely, with due care, and only for its intended and proper use and purpose.
3. Release, Indemnification and Waiver. RENTER, as further inducement to COMPANY to enter into the Agreement, expressly agrees that:
a. RENTER, with the intention of binding himself or herself, legal representatives, heirs, assigns, as well as any minor child upon whose behalf RENTER signs this Agreement, their legal representatives, their heirs and their assigns, hereby expressly, knowingly and voluntarily releases and discharges COMPANY from all claims or demands of injury, loss or damage of any kind, whether in contract or tort, law or equity, fixed or unfixed, matured or unmatured, liquidated or unliquidated, arising out of this Agreement, including but not limited to the use of rental equipment or child passenger apparatus. RENTER herby expressly, knowingly and voluntarily agrees that this release shall be applicable and binding if RENTER, or if applicable, RENTER'S child(ren) suffers injury, loss or damage resulting from COMPANY'S NEGLIGENCE OR FAULT. RENTER further agrees that RENTER is barred, on his or her own behalf and on behalf of those claiming through or under RENTER, from bringing any claim or demand against COMPANY for any injury, loss or damage referenced in this paragraph;
b. RENTER further expressly agrees to assume and bear full responsibility for all injury, loss or damage arising out of RENTER'S, and if applicable, RENTER'S child(ren)'s use of the rental equipment, including but not limited to the use of any child passenger apparatus or equipment. RENTER hereby expressly, knowingly and voluntarily agrees to indemnify and hold COMPANY harmless for any and all liability for such injury, loss or damage REGARDLESS of whether the injury, loss or damage results from COMPANY'S NEGLIGENCE OR FAULT.
c. RENTER further expressly agrees to assume and bear full and total responsibility for all damage to or loss of the rental equipment and agrees to fully indemnify COMPANY for any and all costs and expenses incurred by COMPANY for repairing or replacing the rental equipment, child passenger apparatus or other equipment which may become damaged or lost during the RENTER'S, or if applicable, the RENTER'S child(ren)'s possession of said equipment, except for normal wear and tear to the rental equipment or child passenger apparatus.
d. RENTER further expressly agrees that his Agreement is intended to be as broad and inclusive as permitted buy the law of the State of Florida, and that if any portion of this Agreement is held invalid, that the remaining portions shall, notwithstanding, continue in full legal force and effect. The venue for any action arising out of this Agreement shall only be in the Circuit or County Courts of Brevard County, Florida; and
e. RENTER further expressly agrees and acknowledges that RENTER has carefully read this Agreement, knows of its contents and understands it.
4. Attorneys' Fees and Costs. RENTER agrees to reimburse COMPANY for all costs, expenses and reasonably attorneys' fees incurred by COMPANY for prosecuting or defending any legal actions or claims arising from this Agreement, including through all appeals.
5. Further Acknowledgment. RENTER fully understands that failure to return the COMPANY'S rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damages to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
6. Jury Waiver. THE PARTIES TO THIS AGREEMENT HEREBY KNOWINGLY, VOLUNTARILY WAIVE ANY AND ALL RIGHT TO ANY TRIAL BY JURY IN ANY ACTION ARISING DIRECTLY OR INDIRECTLY UNDER THIS AGREEMENT.
BOAT RENTAL AGREEMENT
MANATEES ARE PROTECTED BY STATE AND FEDERAL LAW:
- It is illegal to harass, hunt, capture or kill any marine mammal, including manatees.
- Anything that disrupts a manatee's normal behavior is a violation of law, punishable under Federal law up to a $50,000 fine, one-year imprisonment or both.
- Boaters must observe all manatee protection zone requirements.
- Boaters who accidentally strike a manatee are urged to report the strike to the FWC and may not be subject to prosecution, provided they were operating in accordance with any applicable vessel speed restrictions at the time of the strike.
BOATING UNDER THE INFLUENCE:
- It is a violation of Florida law to operate a vessel while impaired by alcohol or other drugs. A vessel operator suspected of boating under the influence must submit to sobriety tests and a physical or chemical test to determine blood or breath -alcohol content.
- In Florida, a vessel operator is presumed to be under the influence if their blood or breath-alcohol level is at or above .08.
- Any person under 21 years of age who is found to have a breath or alcohol level of .02 or higher and operates or is in actual physical control of a vessel is in violation of Florida law.
RECKLESS AND CARELESS OPERATION:
- Anyone who operates a vessel with willful disregard for the safety of persons or property will be cited for reckless operation (a first-degree misdemeanor).
- All operators are responsible for operating their vessel in a reasonable and prudent manner with regard for other vessel traffic, posted restrictions, the presence of divers-down flag and other circumstances so as not to endanger people or property. Failure to do so is considered careless operation (a non-criminal infraction). A violation of the Federal Navigation Rules is also a violation of Florida law.
- Except in the event of an emergency, it is lawful for any person to anchor or operate a vessel in a manner that will unreasonably interfere with the navigation of other vessels.
LIFE VEST LAW:
- Under Florida Law children under the age of 6 must wear a life vest at all times while the boat is underway. Wildlife Watersports recommends everyone to always wear life vests while the vessel is underway.
- Weather can change very rapidly and create unexpected situations for vessel operators.
- Minimize the danger of having your vessel struck by lightning by seeking shelter in advance of a storm.
Lessee agrees to only operate the boat between sunrise and sunset. Lessee will have the boat returned to the rental location before sunset.
Lessee agrees that they have received a map of the local No Wake Zones and a summary of statue 68C-22.006 for the Wildlife Watersports area.
The definition of Slow Speed Minimum Wake Zone is where the vessels must be fully off plane and completely settled in the water. Any wake created by a vessel in one of these zones must be minimal (very slow). If your vessel is traveling with the bow even slightly elevated while in one of these zones, it is not proceeding a "Slow Speed" as required by law.
Lessee agrees that they acknowledge the definition of Slow Speed Minimum Wake Zones.
Today's date: October 27, 2021