In consideration of the services of Lauderdale Jet Ski Adventures LLC, d/b/a Key West Jet Ski Adventures , their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "LDJSA"), I hereby agree to release, indemnify, and discharge LDJSA, 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 guided jet ski tours and personal watercraft 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; accidental drowning; boat or watercraft may capsize and cause entrapment; collision with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and accidents can occur getting in or out; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, or dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; passengers can be thrown off the machine resulting in strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; the negligence of participants, or other persons who may be present; equipment failure or operator error; accidents involving other vehicles, vessels or watercrafts; flipping over the machine; transmissible pathogen or disease; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity.
Furthermore, LDJSA 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 LDJSA 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 of LDJSA's equipment or facilities, including any such claims which allege negligent acts or omissions of LDJSA.
4. Should LDJSA or anyone acting on their behalf, be required to incur attorney'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 LDJSA, 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 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, may be found by a court of law to have waived my right to maintain a lawsuit against LDJSA 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 LDJSA. 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 Lauderdale Jet Ski Adventures LLC d/b/a Key West Jet Ski Adventures (hereinafter collectively referred to as “LDJSA"), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis in order to protect against injuries caused by water forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. Injuries include water forced into the rectum or vagina causing severe internal injuries or death. I understand that by not wearing wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of LDJSA, the guide/instructor, numerous court cases and LDJSA’s insurance company, we are refusing this critical safety precaution.
Responsibility / Damages.
Renter shall return the Jet Ski, in good working order and condition, at the end of the rental. If any equipment has been lost or damaged, Renter shall inform the Lauderdale Jet Ski Adventures, LLC, d/b/a Key West Jet Ski Adventure’s staff upon return. Renter shall be financially responsible for all lost or damaged equipment or damage to the Jet Ski. Lauderdale Jet Ski Adventures, LLC, d/b/a Key West Jet Ski Adventures will charge the Renter for lost or damaged equipment to the credit card on file according to the following schedule of charges:
• Impeller $1,000.00
• Storage Straps $40.00
• Glove Box Cover $100.00
• Torn or damaged seats $500.00/seat
• Life Jacket $50.00
• Totaled Jet Ski $10,000.00
• Fire Extinguisher $50.00
• License/ Registration/ Insurance Paperwork
• Front Bumper $300.00
• Cracked Hull $1,000.00
• Flooded Engine $750.00
• Swim Step $250.00
• Lost Key $70.00
• Rear Grab Handle $200.00
This list of charges is not exhaustive and not a waiver of responsibility for other damage to the Jet Ski and Renter shall be fully financially responsible to Lauderdale Jet Ski Adventures, LLC, d/b/a Key West Jet Ski Adventures for damages incurred. If Jet Ski is returned in an unrentable condition, Renter agrees to pay Lauderdale Jet Ski Adventures, LLC, d/b/a Key West Jet Ski Adventures additional rent of $200.00 per day until Jet Ski is able to be repaired to rentable condition, with a maximum rental charge of $6,000.00.
SIGNER STATEMENT OF AWARENESS
I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.
Today's date: January 29, 2023