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.
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Wildlife Watersports 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 "WLWS"), I hereby agree to release, indemnify, and discharge WLWS, 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, jet ski tours, and WaveRunner 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, WLWS 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 despite 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 WLWS 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 WLWS’s equipment or facilities, including any such claims which allege negligent acts or omissions of WLWS.
4. Should WLWS 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 WLWS, I agree to do so solely in the state of Florida, 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 WLWS 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 WLWS. 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 Wildlife Watersports LLC (hereinafter collectively referred to as ‘WLWS’), 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 WLWS 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.
Wildlife Watersports LLC
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)
We want you to have a great experience with us. However, for your protection and ours, you must read and agree to the provisions below before you are authorized to use our facilities and/or services. The different activities that are offered entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. If you are unable or unwilling to sign this Waiver and Release, you are welcome to enjoy yourself by watching others, but we cannot allow you to personally participate in any of our activities or actively use our facilities and/or services.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF WILDLIFE WATERSPORTS LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM WILDLIFE WATERSPORTS LLC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND WILDLIFE WATERSPORTS LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I have read this Waiver and Release and agrees as follows:
1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at Wildlife Watersports LLC, involves inherent danger and potential risk of both minor and serious, temporary and permanent, bodily injury of any and all kinds, both caused by me and/or by others. In signing this release, I assume all risk for, and financial cost of, any and all injuries, and/or any damage, to my child/children.
2. On behalf of my minor child/children I fully, and forever waive, release and discharge Wildlife Watersports LLC and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, firms, corporations, associations or partnerships claiming by or through them, from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, and exemplary), liability or obligations of any nature or kind, whether known at the time or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with me or my child’s activities with or at Wildlife Watersports LLC including claims involving their own negligence.
3. I agree to indemnify and hold harmless Wildlife Watersports LLC and its individual managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, corporations, or partnerships claiming by or through them, from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or judgments directly or indirectly arising out of, or relating to, my child’s/children’s participation in any activities at Wildlife Watersports LLC, including for claims alleging Wildlife Watersports LLC own negligence.
4. I understand that this agreement extends forever into the future and will have full force and legal effect each and every time my child/children visit Wildlife Watersports LLC whether at the current location or any other location or facility.
I have read the Wildlife Watersports LLC Waiver and Release from any Claim of Responsibility or Damage and agree to all conditions.
PWC Rental Checklist
Protective Clothing/Equipment for Operators and Passengers
Wear PFD and Other Protective Clothing/Equipment
- You must wear an appropriate personal flotation device (PFD) at all times.
- Recommended to wear a wet-suit (or wet suit bottom) while operating the PWC. Normal swimwear may not adequately protect against forceful water entry into the lower body opening(s) of both male and females. Severe internal injuries can occur if water is forced into body cavities as a result of falling into water or being near jet thrust nozzle.
- Additional protective equipment (such as footwear, eyewear) may be needed.
Keep Lanyard Attached
- Securely attach engine shut-off cord (lanyard) to your wrist or PFD (as directed) and wear it at all times. Then, if you fall off the PWC, the engine will stop.
Know How to Start and Stop the Engine
- To start the engine, be sure that the lanyard is attached and push the start button.
- To stop the engine, push the stop button. Stopping the engine will not stop the forward motion of the PWC and will result in loss of steering.
Know Operational Controls
- The throttle controls your speed. Apply the throttle lever on the handle to accelerate and release it to slow down.
- The handlebars move the jet thrust nozzle directing thrust in different directions to steer the PWC. Without thrust, you cannot steer the PWC.
Avoid Collisions—Most PWC Injuries and Deaths Result from Collisions
Do Not Release Throttle when Trying to Steer
- You need throttle to steer.
Take Early Action to Avoid Collisions
- Remember, PWCs and other boats do not have brakes.
- Scan constantly for people, objects and other watercraft.
- Be alert for conditions that limit your visibility or block your vision of others.
- Operate at safe speeds.
- Keep a safe distance away from people, objects and other boats (including PWCs).
- Do not follow directly behind PWCs or other boats.
- Do not go near others to spray or splash them with water.
- Avoid sharp turns and other maneuvers that make it difficult for others to avoid colliding with you or that make it difficult for others to understand where you are going.
Avoid Aggressive Maneuvers
- This is a high-performance boat—it is not a toy.
- Ride within your limits and avoid aggressive maneuvers to reduce the risk of loss of control, ejection, and collision.
- Sharp turns or jumping wakes or waves can increase the risk of back/spinal injury (paralysis), facial injuries, and broken legs, ankles or other bones
- Do not jump wakes or waves.
Do Not Apply Throttle when Anyone is at the Rear of the PWC
- Items such as long hair, loose clothing, or PFD straps can become entangled in moving parts resulting in severe injury or drowning.
- Do not apply the throttle when anyone is standing or swimming toward the rear of the PWC. Water and/or debris exiting jet thrust nozzle can cause serious injury.
Know How to Right the PWC in Open Water
- If you capsize in open water, swim to the rear of the PWC and turn it upright— be sure to turn it in the proper direction. Then, board from the rear.
Other Rules and Safety Information that May Apply to Your Situation
Follow Rental Agency Rules and Boating Laws
- Review all rental agency rules and applicable boating laws.
- Do not overload PWC. Do not tow unless the PWC is designed and equipped for towing. Know and follow all State requirements related to towing.
Know the Waters
- Know the area in which you will be operating and observe all navigational markers and signs.
Follow the Additional PWC Warnings and Instructions that May Apply
- Depending on the circumstances, the Owner’s Manual and product labels may have relevant information not covered in this basic orientation.
- Do you understand that you should scan constantly, operate defensively and avoid aggressive maneuvers?
- Do you understand that PWCs do not have brakes?
- Do you understand that you should not release the throttle when you are trying to steer away from people, objects and other boats (including PWCs)?
- Do you have any questions about the PWC or its operation?
Rules and Regulations
1. All operators of PWC Must be at least 18 years of age and have signed a WAIVER.
2. Any persons under 18 years of age with the consent of their parent/legal guardian may ride as a passenger on the PWC.
3. Personal Floatation Device (PFD) Must be worn at all times.
4. No alcohol or drug consumption is permitted at any time prior or during PWC rental.
5. Operate the PWC with both hands on the steering apparatus, both feet on the ski and sitting in the seat. NO STANDING
6. Always keep lanyard/shut off cord attached to wrist or Personal Floatation Device.
7. Never allow a passenger to ride in front of the PWC operator.
8. Do Not pick up or discharge passengers anywhere other than at the original disembarking location.
9. Ride at your current skill level, Do Not push your limit, be careful and practice safety.
10. Do Not make sharp turns, this can cause the PWC to flip over; turn gradually.
11. Do Not jump waves or cause the PWC to leave the water.
12. Do Not run the Jet Ski up on the beach. This can damage the machine.
13. Do Not drive the PWC within 500 feet of swimmers, snorkelers, divers, Kayakers or any other persons in the water.
14. Do Not attempt to splash or spray another person.
15. Do Not drive too close to other vessels. Remain at least 100 feet away from any other vessel or permanent object including, but not limited to bridges, boats, personal watercraft, fishing lines, shore, barges.
16. Do Not enter marshland and remain in at least 2 feet of water.
17. Do Not participate in any race or other contest involving the PWC or other vessels.
18. Do Not tow other PWC, vessels, water skiers, tubes or any other object/persons.
19. Do Not leave vessel or equipment unattended.
20. Anyone not following these rules or directions from your rental attendant or who is caught speeding will be escorted back to registration and your riding time and tour will be forfeited with NO REFUNDS.
21. A maximum of two persons with a combined weight not to exceed 400 pounds per PWC is allowed
22. The speed limit within the docking area is 2 mph. No wake within docking area.
THE RULES AND REGULATIONS CONTAINTED HEREIN ARE FOR THE SAFETY OF OUR CUSTOMERS. FAILURE TO OBEY AND LISTEN TO REPRESENTATIVES, OF WILDLIFE WATERSPORTS OR FOLLOW THESE RULES, REGULATIONS AS WELL AS ANY FEDERAL, STATE AND CITY LAWS WILL RESULT IN REMOVAL OF PWC WITHOUT A REFUND!
THE OPERATION OF PWC ARE AN INHERENTLY DANGEROUS ACTIVITY, NO INSURANCE IS PROVIDED
I HAVE BEEN INSTRUCTED ON AND UNDERSTAND THE RULES AND INFORMATION PROVIDED IN THIS ORIENTATION.
BY SIGNING THIS DOCUMENT THE OPERATORS CERTIFIES THAT HE/SHE HAS READ, UNDERSTAND AND AGREE TO ALL TERMS AND CONDITIONS OF THIS PERSONAL WATERCRAFT RULES, REGULATIONS AND ORIENTENTION CHECKLIST
Today's Date: September 16, 2021