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Boating & Water Sports Participant Release

Please read the following agreement carefully BEFORE DECIDING TO PARTICIPATE. By signing this document and initialing the required sections, YOU ARE EXPRESSLY AGREEING TO HAVE KNOWINGLY, FULLY AND TOTALLY RELEASED the Owner/Company/His Agents and Employees (hereinafter “the Released”) FROM ANY AND ALL CLAIMS INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT, arising out of any act, omission, or condition existing prior to the signing of this agreement, and extending to include any act, omission, or condition in any way connected with your participation in (including transit to and from) these water sports activities, occurring at any point in the future from the activities in which you are about to purchase/engage.

EXPRESS ASSUMPTION OF ALL INHERENT RISKS OF BOATING AND WATER SPORTS ACTIVITIES

There are numerous risks inherent in and associated with participation in boating and water sports activities. By executing this RELEASE, you are acknowledging that participation in boating and water sports activities is an inherently dangerous activity that involves risks of death and/or serious bodily injury that cannot be prevented or avoided even by the exercise of reasonable care.

By initialing this section and executing this WAIVER below, you are voluntarily agreeing to engage and participate in these activities and to VOLUNTARILY AND EXPRESSLY ASSUME THE RISK OF SERIOUS BODILY HARM, PERSONAL INJURY, DEATH OR DAMAGE resulting from any and all inherent risks while participating and engaging in (including transit to and from) these water sports activities. By expressly assuming ANY AND ALL INHERENT RISKS involved with these water sports activities, you are voluntarily relinquishing the ability to seek or collect damages from the Released due to any personal injury, claim, or incident occurring or in any way related to or arising from the inherent risks of your involvement in boating and water sport activities.


INDEMNITY AGREEMENT STATEMENT

By initialing this section and executing this WAIVER below, you are further agreeing to hold harmless and to indemnify the Released against any and all claims, demands, losses, damages, causes of action, judgments, costs, expenses, attorneys’ fees, and other liabilities, including those from third parties, arising out of or relating to your participation in any water sports and/or presence upon the property on which they are located, even if caused by the active or passive negligence of the Released, but excluding any gross negligence or intentional misconduct. By agreeing to indemnify the Released for the acts, occurrences, and expenses as contained within this subsection you are knowingly and voluntarily agreeing that you may be required to reimburse or provide the cost of a legal defense or representation for the Released for any expenses or actions it has to take arising out of your participation in these water sports activities.


WAIVER AND RELEASE OF LIABILITY

By initialing this section and signing this WAIVER below, YOU ARE AGREEING TO KNOWINGLY, VOLUNTARILY, AND UNEQUIVOCALLY WAIVE ANY AND ALL CLAIMS, INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, against the Released arising out of any act, omission, or condition existing prior to the signing of the agreement, and extending to any act, omission, or condition in any way connected with you participation in (including transit to and from) these water sports activities occurring at any point in the future. THIS WAIVER AND RELEASE OF LIABILITY IS EXPRESSLY PROVIDED TO EXCULPATE THE RELEASED FROM THOSE LIABILITIES WHICH ARE SEPARATE FROM AND IN ADDITION TO THE POTENTIAL LIABILITIES CREATED BY THE RISKS INHERENT IN WATER SPORTS PARTICIPATION. Furthermore, by initializing and signing this waiver below, you are binding your spouse, heirs, assigns, and any similarly situated personal or legal representative to the waiver’s terms.


DECLARATION OF COMPETENCY AND INTENT TO BE BOUND

By initialing this section and signing this WAIVER below, you are signifying that you have read first, then initiated, all sections contained within this agreement. You are further signifying that you are voluntarily agreeing to execute this waiver and release, and that you understand the legal implications and consequences of doing so. If there are any aspects of this agreement to which you do not have a full and complete understanding, you are encouraged to ask or inquire the Released BEFORE initialing this section or signing this waiver.


DRIVER REQUIREMENTS

All drivers must be 21 years of age and possess a valid boating license or certification. You can obtain a free lifetime boating license at https://www.boatus.org/virginia/ or obtain a free temporary boating certification at https://www.rentalboatsafety.com/power-boats . 



PROHIBITED ACTIVITIES

The following activities are not permitted on the boat. Violation of this provision will result in the immediate termination of this contract and forfeiture of all monies paid by the Primary Renter, including the full amount due for the rental regardless how much time is remaining on the rental:

  1. Smoking;
  2. Operating the boat while under the influence of drugs or alcohol;
  3. Participating in watersports activities while intoxicated or without the use of a US Coast Guard approved life preserver;
  4. Jumping from boat safety rails;
  5. Riding outside the boats' safety rails


LIFE JACKETS

Any person under the age of 13 must wear a life jacket at all times while on the boat. Life jackets must be worn during any and all watersports activities.



RULES & GUIDELINES

  • Put the bimini top down when going under Stubbs Bridge, and go through the section with the green "X" painted on it.
  • Put the ladder up when moving. 
  • Be aware of shallow water. Stay 300’ offshore, buoys, docks, etc.
  • Make sure all ropes are in the boat before starting the motor. They can get wrapped around the prop.
  • Before using the anchor, make sure its tied on BOTH ends before throwing it in the water. Bring the anchor in before starting the boat. If the anchor line is tight, the anchor is not on the ground, if the anchor line is loose, the anchor has reached the bottom. Anchors do not hold boats indefinitely.
  • Observe “No Wake” buoys. Idle through no wake zones.
  • Drug and alcohol consumption is not permitted while driving the boat.
  • In the event of thunder or lightning, get to shore quickly and safely.
  • Watch your gas gauge, refuel at or before one-quarter of a tank.
  • No smoking while on the boat. 

I understand and agree to abide by all rules and regulations herein. I will operate the boat or participate as a passenger in a safe manner at all times and notify a MAWS staff member if any problems occur.


If at any time Mid Atlantic Watertsports determines that Renter has engaged in an unsafe or hazardous use of the Boat, Mid Atlantic Watertsports may immediately terminate the rental portion of this Agreement. If the rental is terminated for unsafe or hazardous use the Renter will not be refunded his/her rental fee. Mid Atlantic Watertsports shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.” The Renter shall return the boat to Mid Atlantic Watertsports on or before the termination date and at the specified time and location clean and free of garbage and debris, in the same condition in which the boat was rented, including all parts and accessories.



DAMAGE AUTHORIZATION

At the time of the rental, the Owner will require a $500 credit/debit card authorization ($1000 for wake boats) per vessel from the Renter or another member of the party. This is a hold, not a charge. Assuming the boat and associated equipment is returned in the same condition in which it was originally rented, the hold will automatically be released 5 days after the completion of the rental. Damages will be taken from this deposit.


COVERAGE AND WAIVERS

Mid Atlantic Watertsports offers prop coverage on outboard powered boats, as well as accessory and damage coverage options on all boats. I agree that my party has been offered these coverage options. By opting out of these coverage options, my rental party accepts financial responsibility for damages incurred to the boat. Mid-Atlantic Watersports, LLC is authorized to charge the card(s) on file for damages incurred during the rental. 


DAMAGE AND REPAIRS

I agree that repairs will be performed by Mid-Atlantic Watersports, LLC service department at the labor rate of $165/hour. Upon return of the boat, I agree that Mid-Atlantic Watersports, LLC is authorized to charge the credit/debit card(s) on file for the cost of damages incurred during the rental period, whether caused by myself, anyone in my party, another boater, an act of God, or any other scenario. I understand that failure to pay for damages will result in the amount being sent to a collection agency.  I am responsible for any and all collection fees incurred by our office, which may include any fees charged by a collection agency, attorney, court costs, and all other expenses necessary for the collection of the outstanding balance.


LOSS OF USE

While the boat is in my possession, if it is damaged and rendered inoperable due to operator error, Mid-Atlantic Watersports, LLC is authorized to charge the card(s) on file for the daily rental amount until the boat is repaired and in rent-able condition. 


DISPUTE RESOLUTION

Mid-Atlantic Watersports, LLC is committed to maintaining fair and transparent business practices in accordance with applicable federal and state laws, including the Fair Credit Billing Act(FCBA) and the Virginia Consumer Protection Act (VCPA). The following policy governs how customer disputes will be handled, including disputes related to billing, services, and damage-related charges.

1. Initial Resolution Effort

Customers are encouraged to first contact Mid-Atlantic Watersports, LLC directly to resolve any concerns related to charges or services. Our team will make every reasonable effort to address and resolve matters in a timely and professional manner.

2. Billing Disputes

To initiate a formal dispute concerning a billing error, customers must submit a written notice within 60 days of the transaction date, as outlined in the FCBA. Notices should be sent to:

Mid-Atlantic Watersports, LLC

349B Pleasant Landing Rd. Bumpass, VA 23024

Attn: Customer Service/Disputes

Email: rentals@midatlanticwatersports.com

The notice must include:

  • Customer name and contact information
  • Description of the disputed charge
  • Relevant documentation or evidence
  • The resolution being sought

We will acknowledge receipt of the dispute within 30 days and respond with our findings within 90 days, in compliance with the FCBA.

3. Resolution Process

If a customer believes a damage charge has been assessed in error, they may submit a written objection within 10 days of notification. Mid-Atlantic Watersports, LLC will review all objections in good faith and issue a final written determination. If a resolution cannot be reached, the matter may be referred to non-binding mediation before any formal legal action is taken.



ON-THE-WATER ASSISTANCE

Mid Atlantic Watertsports has partnered with Pitt Marine Towing to provide on-the-water assistance. They can be reached at 540-659-5397 and can assist in non-emergency scenarios such as minor break downs, running out of fuel, and tow assistance. Any and all service charge fees or tows due to Renter negligence/operator error will be added to the rental total. 


PUBLIC VS PRIVATE SIDE DISCLAIMER

Lake Anna is split into two separate lakes, a Public (cold) side and a Private (warm) side. You CANNOT get from one side to the other via water. All boats are rented on the Public (cold) side of the Lake and CANNOT get to any homes located on the Private (warm) side. Mid-Atlantic Watersports, LLC will not cancel or refund any rental due to not being able to get rental boats to homes on the Private side of the Lake. 


LATE FEES

Mid-Atlantic Watersports, LLC is authorized to charge the card(s) on file $50 for every 15 minutes the boat is returned after its scheduled return time. Mid-Atlantic Watersports, LLC staff will stay on site as late as 6:00 PM. Boats not returned by 6:00 PM will be charged a $300 late drop off fee and must be returned by 8:00 AM the following morning. I understand that the boat is considered to be in my possession until checked in by a Mid-Atlantic Watersports, LLC staff member, and therefore I am responsible for damages incurred after the boat is dropped off but before the boat is checked in by a Mid-Atlantic Watersports, LLC staff member.

 


APPLE AIRTAG TRACKING

Mid-Atlantic Watersports, LLC has equipped most, if not all, vessels with Apple Airtags. These devices are used to locate your party and the vessel in the case of an emergency. Passengers using Apple iPhones may receive a notification that they are being tracked while on the vessel.

 


GOVERNING LAW

This Agreement is governed, construed, and administered according to the laws of Virginia, as from time to time amended, and any applicable federal law. No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of the State of Virginia or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Virginia.



UNCONDITIONAL GENERAL RELEASE FROM LIABILITY

Your signature below reflects your express assent to be bound to the terms of this agreement. Please carefully review each section again and ensure that you fully understand the implications of this agreement.

Signature of Renter:

Date Signed: June 11, 2025









First Renter/Participant/Minor Guardian Name
First Name*
Last Name*
Phone*
First Renter/Participant/Minor Guardian Age Acknowledgment*
First Renter/Participant/Minor Guardian Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Renter/Participant/Minor Guardian Signature*
Second Renter/Participant/Minor Guardian Name
First Name*
Last Name*
Renter/Participant/Minor Guardian Date of Birth*
Date of Birth
Third Renter/Participant/Minor Guardian Name
First Name*
Last Name*
Renter/Participant/Minor Guardian Date of Birth*
Date of Birth
Fourth Renter/Participant/Minor Guardian Name
First Name*
Last Name*
Renter/Participant/Minor Guardian Date of Birth*
Date of Birth
Fifth Renter/Participant/Minor Guardian Name
First Name*
Last Name*
Renter/Participant/Minor Guardian Date of Birth*
Date of Birth
Sixth Renter/Participant/Minor Guardian Name
First Name*
Last Name*
Renter/Participant/Minor Guardian Date of Birth*
Date of Birth
Seventh Renter/Participant/Minor Guardian Name
First Name*
Last Name*
Renter/Participant/Minor Guardian Date of Birth*
Date of Birth
Eighth Renter/Participant/Minor Guardian Name
First Name*
Last Name*
Renter/Participant/Minor Guardian Date of Birth*
Date of Birth
Ninth Renter/Participant/Minor Guardian Name
First Name*
Last Name*
Renter/Participant/Minor Guardian Date of Birth*
Date of Birth
Tenth Renter/Participant/Minor Guardian Name
First Name*
Last Name*
Renter/Participant/Minor Guardian Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Booking Reservation Number
Booking Reservation Number
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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