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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. The following list, though not exhaustive, exemplifies many of the types of risks and potential injuries you could encounter in connection with your participation in boating and water sports.

• changing water flow, tides, currents, wave action, eddies, whirlpools, and vessel wakes;

• collision with other participants, collision with watercraft, whether owned or operated by the Released, collision with man-made or natural objects;

• the negligent actions and/or omissions of other participants;

• your own actions and/or omissions, your level of competency as to the activity, and your own physical and mental conditions; • your sense of balance, physical coordination, ability to operate equipment, and ability to swim;

• wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature;

• collision, capsizing, sinking, falling, slipping or other hazards that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into any body orifices, and/or drowning;

• the presence of insects, wild animals, as well as dangerous plant life, bacteria, amoebas, and marine life forms;

• equipment failure, improper use of equipment and/or impacting equipment;

• heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration;

• fatigue, chill, shock, and/or dizziness which may increase your reaction time.

By initialing this section and executing this WAIVER below, you are agreeing that you have reviewed the preceding non-exclusive list of sample inherent risks involved in your participation in these activities, and with full knowledge and understanding, 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' 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. 


BEFORE STARTING THE MOTOR (The 7 V’s)

  • Verify the motor is in the water and unobstructed.
  • Verify that the ladder is up.
  • Verify all passengers are in the boat.
  • Verify the anchor is in.
  • Verify the dock lines are in the boat.
  • Verify the boat is in neutral.
  • Verify the kill switch is engaged 


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 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 7 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 is authorized to charge the card(s) on file for damages incurred during the rental. 


AVERAGE COST TO REPLACE DAMAGED/LOST ITEMS

  • Prop $300-$1,500.00 (Consider Prop Coverage)
  • Lower Unit: $4,000.00 
  • Anchor $100.00 (Consider Accessory Coverage)
  • Fenders $30.00 (Consider Accessory Coverage)
  • Dock Line $15.00 (Consider Accessory Coverage)
  • Throw Cushion $25.00 (Consider Accessory Coverage)
  • Bimini Top $700-$1800.00
  • Ladder $600.00
  • Fiberglass damage $500+ (per damaged area)
  • Upholstery damage $500+ (per damaged area) 



I understand that the above list is not all inclusive and actual repair costs may vary. I agree that repairs will be performed by Mid Atlantic Watersports service department at the labor rate of $130/hour. Upon return of the boat, I agree that Mid Atlantic Watersports 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.


Loss of Use

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



ON-THE-WATER ASSISTANCE

Mid Atlantic Watertsports has partnered with L&G Marine Services to provide on-the-water assistance. L&G can be reached at 540-659-5397 and can assist in non-emergency scenarios such as break downs, ropes stuck in the prop, dead batteries, running out of fuel, etc. Please note that a service charge of $100/incident will be added for tows due to Renter negligence/operator error. Mid Atlantic Watersports is authorized to charge the card(s) on file for tow/recovery fees.


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 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 is authorized to charge the card(s) on file $50 for every 15 minutes the boat is returned after its scheduled return time.

 


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: May 3, 2024









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*
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*
Second Renter/Participant/Minor Guardian Date of Birth*
Third Renter/Participant/Minor Guardian Name

First Name*

Last Name*
Third Renter/Participant/Minor Guardian Date of Birth*
Fourth Renter/Participant/Minor Guardian Name

First Name*

Last Name*
Fourth Renter/Participant/Minor Guardian Date of Birth*
Fifth Renter/Participant/Minor Guardian Name

First Name*

Last Name*
Fifth Renter/Participant/Minor Guardian Date of Birth*
Sixth Renter/Participant/Minor Guardian Name

First Name*

Last Name*
Sixth Renter/Participant/Minor Guardian Date of Birth*
Seventh Renter/Participant/Minor Guardian Name

First Name*

Last Name*
Seventh Renter/Participant/Minor Guardian Date of Birth*
Eighth Renter/Participant/Minor Guardian Name

First Name*

Last Name*
Eighth Renter/Participant/Minor Guardian Date of Birth*
Ninth Renter/Participant/Minor Guardian Name

First Name*

Last Name*
Ninth Renter/Participant/Minor Guardian Date of Birth*
Tenth Renter/Participant/Minor Guardian Name

First Name*

Last Name*
Tenth Renter/Participant/Minor Guardian Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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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*
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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