SAFETY AND RULES
1. WEAR LIFE VEST AT ALL TIMES
2. DO NOT OPERATE THE JET SKI/JET BOAT IN LESS THAN 2 FT OF WATER.
3. IF BEACHING, SHUT ENGINE OFF AND PULL IT TO SHORE, OR
ANCHOR IN SHALLOW WATER. BEFORE STARTING TO LEAVE, PUSH VESSEL TO 2 OR MORE FEET OF WATER. MAKE SURE THERE IS NO DEBRIS NEAR BOAT BEFORE STARTING.
4. REMEMBER, YOU NEED THROTTLE TO STEER!
5. STAY AT LEAST 100FT APART FROM ALL OTHER BOATS AND EACH OTHER.
6. BE RESPECTFULL OF OTHER BOATERS. GIVE THEM PLENTY OF DISTANCE. ESPECIALLY FISHERMAN!!!
7. DO NOT OPERATE EQUIPMENT UNDER INFLUENCE OF DRUGS OR ALCOHOL.
8. DO NOT GO IN WEEDED AREAS.
9. DO NOT JUMP BOAT WAKE. 10. PAY ATTENTION TO THE WEATHER
11. ALWAYS WEAR THE LANYARD ATTACHED TO KILL SWITCH.
12. STAY ALERT- ALWAYS BE WATCHING YOUR SURROUNDINGS.
13. DO NOT OPERATE EQUIPMENT BEYOND YOUR ABILITY.
14. IN CASE OF ANY EMERGENCY, CONTACT 911, BEFORE CONTACTING RED ACE’S CUSTOMS AND RENTALS.
15. REPORT ALL INJURIES OR DAMAGES TO SHERIFF’S OFFICE. It is a requirement to watch both safety videos from our website.
RedAcesRents.com
I have watch both safety videos online. THIS JET-SKI AGREEMENT CONSTITUTES A CONTRACT
BETWEEN RENTER(S) AND RED ACE’S CUSTOMS AND RENTALS TAX AND FUEL: All rental units will come with a full tank of gas. Any gas beyond the first tank of gas becomes the responsibility of the renter. At no time is the renter to add oil to the rental without the express permission of Red Ace’s Customs and Rentals
INSPECTION OF EQUIPMENT- Owner(s) certify that the jet-ski(s) are in good mechanical and physical condition. Renter(s) will inspect said Equipment and leases the same without any representations by Owners(s). If equipment has damage or problems Renters(s) must report damage on the provided form. Renters(s) will be held responsible for any damage to the ski that is no reported at the time of delivery. DAMAGES TO EQUIPMENT - The Damage Deposit: A damage deposit of $300.00 will be collected for each jet ski rented. The deposit will be applied toward the cost of the repairs of any and all damages suffered to the jet ski. If the cost of damages exceeds the damage deposit, User agrees he/she is fully responsible for the remainder of the costs incurred to repair or replace the jet ski to the same condition as the time the rental agreement was started. Furthermore, the User understands and agrees that he/she who is known to RED ACE’S CUSTOMS AND RENTALS as the User, is the only person allowed to use the jet ski for the entire rental period. The User also understands that he/she is responsible for the retrieval and/or replacement of the jet ski, life jacket, or any safety items, if these items are in any way lost, stolen or misplaced during the rental period. Should any damages exceed the $300.00 damage deposit, RED ACE’S CUSTOMS AND RENTALS will provide an itemized repair bill, including lost rental time (rental time begins with the date of the itemized repair bill, and stops when the jet ski is once again available for rental). The itemized repair bill, including lost rental time, must be paid in full upon User’s presentation of the bill. The security deposit shall not bear interest. User shall be responsible for damages at and beyond the $300.00 damage deposit.
PLEASE BE AWARE: Major problems that can arise are few but costly. For example, for damage to the impeller can cost several hundred dollars for debris sucked into the jet ski while damage to the engine due to overheating because of debris being sucked in can cost several thousand dollars.
THEFT OR LOSS: In case of theft or loss, Renter(s) is responsible for the replacement value of the Equipment. In case of abuse or damage, Renter(s) will be charged for the repair or replacement of the Equipment.
INSURANCE: RED ACE’S CUSTOMS AND RENTALS offers NO insurance coverage for equipment damages incurred during your rental period. Please check your homeowner, auto, or credit card policy to see if there is an endorsement available to you.
JET-SKI OPERATION: Renter(s) acknowledge and agree that the Equipment will be operated by Renter(s) named above prior to taking custody of it. Renter(s) warrant that Renter(s) is a qualified operator of said Equipment; that Renter(s) will not allow any other persons except a member of their party to operate the equipment. Renter(s) will be responsible for all such operation. Renter(s) will not operate the Equipment, or permit anyone to operate the Equipment, while under the influence of alcohol or drugs. Renter(s) will be responsible for the operation of the equipment within all laws.
JET-SKI USE: The Renter(s) agrees not to permit the use of or to use the jet-ski for transportation of persons or property for hire and not to allow more than two persons upon the jet-ski at any one time.
REPAIRS – SERVICE CALLS: Renter(s) acknowledges and understands that Owner(s) cannot guarantee against mechanical failures of the rental Equipment. Renter(s) agrees to immediately notify Owner(s) of defective or non-working units. Owner(s) will make every reasonable effort to repair or replace defective units as quickly and efficiently as possible. Repair due to normal wear and tear on the Equipment will be made by the Owner(s). Should a repair person make a call to repair or replace a unit that is found to be in working order and the problem was due to Renter(s) oversight or neglect or misuse, Renter(s) agrees that the repair call costs may be deducted from the Renter(s) security deposit.
LOSS OF RENTER(S) PROPERTY: It is expressly agreed that Owner(s) shall not be liable for loss of or damage to any property left of stored by Renter(s) or any other person in or upon said equipment after return thereof to Owner(s). Renter(s) agree to hold Owner(s) harmless from and against any such claims.
RETURN OF EQUIPMENT: Renter(s) acknowledges and understands that they will return the Equipment to dock at an agreed upon time on the end date of this contract. LIABILITY AGREEMENT
A. RELEASE, REMISE, AND DISCHARGE RED ACE’S CUSTOMS AND RENTALS, the owners and operators RED ACE’S CUSTOMS AND RENTALS (hereinafter referred to as “releasees”), from all liability to me, my personal representatives, heirs, next of kin, administrators, successors, and assigns, and for any and all loss or damage, any claims or demands on account of injury to me or any other person, whether or not the injury results in death, or damage to any property whether or not the property is owned by me, arising from, or in any related to my presence on the premises occupied by RED ACE’S CUSTOMS AND RENTALS, and/or my participation in any activities sponsored by RED ACE’S CUSTOMS AND RENTALS, WITHOUT LIMITATION, LOSS, DAMAGE, INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE RELEASEES’ NEGLIGENCE.
B. AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES on account of injury to me or to any other person, whether or not the injury results in death, or account of damage to any property, whether or not the property is owned by me, arising from, or related to, my use of any property owned or leased by RED ACE’S CUSTOMS AND RENTALS whether or not these injuries or damages were caused by the releasees’ negligence.
C. AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES from any loss, liability, damage, or cost that may incur, including attorneys’ fees, arising from, or in any way related to, my presence on the premises occupied by RED ACE’S CUSTOMS AND RENTALS. my operation of a jet ski rented from or owned by RED ACE’S CUSTOMS AND RENTALS., and/or my participation in any activities sponsored by RED ACE’S CUSTOMS AND RENTALS.
D. ASSUME THE RISK OF BODILY INJURY, DEATH, OR PERMANENT DAMAGE, whether due to the negligence of RELEASEES negligence, my negligence, or any other reason or factor, while upon the premises, while operating a jet ski rented from or owned by RED ACE’S CUSTOMS AND RENTALS, and/or while participating in any activities sponsored by RED ACE’S CUSTOMS AND RENTALS.
I agree and understand that:
1) My participation in jet skiing activities, as with any watersport, will test my physical and mental limits, involves very powerful machinery, and exposes me to dangers associated with the operation of jet skis. These dangers include, without limitations: collisions with other vessels, fixed objects, persons in the water, or objects in the water; exposure to the elements; mechanical breakdown; loss of control of the vessel; falling off the vessel; sinking of the vessel; drowning; and other dangers known or unknown. I understand these rules and assume the risk of harm presented by these damages.
2) My presence on the premises operated by RED ACE’S CUSTOMS AND RENTALS and/or my participation in jet skiing activities organized by RED ACE’S CUSTOMS AND RENTALS exposes me to the potential risks that include, without limitations: death or serious injury to myself and/or others; and damage to property owned by me, RED ACE’S CUSTOMS AND RENTALS, and/or others.
3) Jet skiing activities may pose an additional danger to persons with pre-existing physical injuries or conditions, or other conditions, or to pregnant women. I am not aware of any physical or mental conditions that may affect my ability to participate in jet skiing that may be aggravated by the participation in such activities. Alternatively, I acknowledge that I have consulted with my physician who has advised me that I may participate in these activities without restrictions.
4) I will NOT participate in any jet skiing activities sponsored by RED ACE’S CUSTOMS AND RENTALS while my ability is impaired by alcohol, drugs, or otherwise. If found by discretion of RED ACE’S CUSTOMS AND RENTALS staff and or any Washington State Law Enforcement Agency to be impaired by said substances I further agree that my rental will be terminated, and no refund will be provided. 5) In the event of malfunction or breakdown of the craft, or if any defect occurs during the rental period, I shall immediately report any unusual problems to RED ACE’S CUSTOMS AND RENTALS. Continued use of the craft in any of these circumstances shall be entirely at my risk and I shall then be under the obligation to assume any and all liabilities resulting from bodily injury, loss, or damage caused to all persons and property that may become involved into any accident.
6) RED ACE’S CUSTOMS AND RENTALS reserves the right to cancel any rental due to inclement weather or other unsafe circumstances. If a ride is cancelled due to bad weather RED ACE’S CUSTOMS AND RENTALS reserves the right to either prorate a monetary return in place of time lost or may issue a voucher for a rental another time and or date.
7) I will have the opportunity to inspect the jet ski I am renting from RED ACE’S CUSTOMS AND RENTALS before I board the jet ski. I will not participate in any jet ski activities until I inspect the vessel and I am satisfied with its condition. By participating, I acknowledge that I have conducted this inspection.
8) I acknowledge that RED ACE’S CUSTOMS AND RENTALS is not a manufacturer of the jet skis that I am renting and it does not make any representations, warranties of, or covenants, expressed or implied, with the respect to the condition, quality, durability, or suitability of the jet skis.
9) I agree that I will not allow any other person to operate the vessel that I am renting from RED ACE’S CUSTOMS AND RENTALS unless that person is a RED ACE’S CUSTOMS AND RENTALS employee or agent.
10) I agree to return the vessel that I have rented from RED ACE’S CUSTOMS AND RENTALS within the rental period that I negotiated. If I fail to return the vessel to RED ACE’S CUSTOMS AND RENTALS for any reason other than mechanical malfunction that is not caused by misuse of the vessel, I agree to pay an additional sum equal to the standard hourly rental rate (or fraction thereof) that exceeds the rental period that I negotiated.
11) I understand renting from RED ACE’S CUSTOMS AND RENTALS was at my discretion and “MY” choice.
12) IT IS MY DUTY TO ASK RED ACE’S CUSTOMS AND RENTALS TO FURTHER EXPLAIN ANY MATERIALS, RULES, REGULATIONS, OR INSTRUCTIONS THAT I DO NOT UNDERSTAND BEFORE I START MY RENTAL. I WILL NOT PARTICIPATE IN ANY JET SKIING ACTIVITY IF I DO NOT UNDERSTAND ANY PART OF ANY MATERIALS, RULES, DETAILS, REGULATIONS, OR INSTRUCTIONS PROVIDED TO ME BY RED ACE’S CUSTOMS AND RENTALS.
15. ENTIRE AGREEMENT - The Renter(s) and Owner(s) acknowledge that this Agreement contains the full and complete agreement between the parties relating to the subject matter herein, that there are no oral, written or implied agreements or other modifications not specifically set forth herein, and that this Agreement supersedes all prior agreements or understandings, if any, between the parties, whether written or oral relating to the subject matter herein. The parties further agree that no modification of this Agreement may be made except by means of a written agreement or memorandum signed by the parties.
Parties agree that they have read this document in its entirety and agree to all terms and conditions.
TERMS AND CONDITIONS
• Must be 21 years of age or older to rent any of our equipment.
• Must have a valid drivers license.
• Qualified renter must be present to complete the rental contract.
• Intoxicants are strictly prohibited. Service will be refused to anyone under the influence of drugs and/or alcohol.
• Physical Impairment: We understand that many people with disabilities are fully able to enjoy our summer activities. However, we will not send someone out if we feel certain that injury or harm to your person are inevitable. That said, we make every effort to afford everyone the opportunity to enjoy our services.
• All persons involved with our activities acknowledge that said activities are potentially dangerous and agree to hold RED ACE’S CUSTOMS AND RENTALS, all owners, employees and affiliated properties harmless.
Reservations: • Reservations are strongly recommended. • Often, time slots will be available within a short period of time, please call or speak to our staff to inquire.
• Deposits are required for your request to be placed on our reservation calendar.
• When you make a reservation with us, you agree to abide by all of our policies.
Rental Day:
- A full day rental is a maximum of 8 hours from time of launch.
- All daily rentals end at 7 PM regardless of launch time
- Recommend rental times are 8 AM to 4 PM, 9 AM to 5 PM, 10 AM to 6 PM or 11 AM to 7PM.
- Rentals launched after 11 AM are still required to be returned no later than 7 PM.
- No discount is given for launches after 11 AM
- Multiday rentals are to be return 8 hours or at 7 PM based on the first day of the rental launch time.
Deposits, Payments & Refunds: - Full payment on rental and security deposit is due at the time of reservation.
- This payment includes a $100 cancelation fee.
- Credit card is required to rent equipment.
- Deposits & refunds will be returned by check via USPS.
Credit Cards:
• Are accepted.
• All credit card transactions must be made by the person named on the card. A valid driver license must accompany the credit card.
We will not accept credit cards from someone other than the owner of the card.
Cancellations:
NO SHOWS are charged in full for the rental period reserved.
• Cancellations made within 72 hours will be considered a “No Show”.
• Cancellations made prior to 72 will be assessed a $100 cancelation fee.
• We reserve the right to cancel your reservation for violations to our policies.
• We reserve the right, solely at our discretion, to reschedule and/or cancel your reservation in the event of inclement weather.
• We will try to reschedule if inclement weather. If there is no possible way to reschedule, you will be refunded.
• Cold overcast days do not count as inclement weather.
Substitutions:
• It is inevitable that reserved equipment will occasionally be unavailable due to unforeseen circumstances at the time of your rental reservation. We reserve the right to offer you substitute equipment of equal or greater value in lieu of the originally reserved equipment at no extra cost to you. If no alternate equipment is available, we really have no choice but to reschedule or cancel your reservation. Damages:
• We will retain $300.00 per piece of equipment as a damage deposit. Renter is responsible for any and all losses and damages to our equipment while in your care, up to and including replacement cost.
• Renter is solely responsible for ensuring the safety of the vessel during the rental period.
• All damages in excess of $100 must be reported to RED ACE’S CUSTOMS AND RENTALS and to local law enforcement immediately.
• Renter will get his/her damage deposit back if the equipment is returned unharmed. Refunds:
• The method used to pay.
• There is NO early return refund. Insurance:
• RED ACE’S CUSTOMS AND RENTALS offers NO insurance coverage for equipment damages incurred during your rental period.
Please check your homeowner, auto, or credit card policy to see if there is an endorsement available to you.
TERMS AND CONDITIONS
Policies are subject to change at any time without notice. In the event that any policy is unenforceable by Federal or State of Washington law, you are still bound by the applicable law. Renter agrees that all legal issues arising from any transaction between the renter and RED ACE’S CUSTOMS AND RENTALS. will be contested in Lewis County, State of Washington. PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Red Ace's Custom Rental, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "RED"), I hereby agree to release, indemnify, and discharge RED, 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, RED 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 RED 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 RED’s equipment or facilities, including any such claims which allege negligent acts or omissions of RED.
4. Should RED 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 RED, I agree to do so solely in the state of Washington, 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 RED 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 RED. 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. |
