PERSONAL WATERCRAFT RENTAL OPERATIONS RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK, RENTAL AGREEMENT AND INDEMNITY AGREEMENT Please read and be certain you understand the implications of signing.
Express assumption of Risk associated with use of rental of Personal Watercraft and Related Activities. In consideration of the services of Got The Hook Up Charters, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "GTHU"), I hereby agree to release, indemnify, and discharge GTHU, 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 personal watercraft/jet skiing 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; watercraft 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, GTHU 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 GTHU 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 GTHU’s equipment or facilities, including any such claims which allege negligent acts or omissions of GTHU. 4. Should GTHU 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 GTHU, 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 GHTU 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 GTHU. 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. I specifically acknowledge that I have read, understand, and agree to abide by the Personal Watercraft Operational Instructions at all times and that I have been trained in the safe use of water sport equipment to my complete satisfaction, and I am physically/mentally able to participate in the water sport activities to which I am about to engage. I specifically waive any defense insofar as this contract is concerned that may arise as a result of any state or local law and/or regulation or policy that may impact its enforceability. I Agree December 21, 2024 Release of Liability, Waiver of Claims and Indemnity Agreement In consideration of being allowed to participate in the above described activities, as well as the use of any of the facilities and the use of the equipment of the below listed releases, I hereby agree as follows: 1) To waiver and release any and all claims based upon negligence, active or passive, with the exception of intentional, wanton, or willful misconduct that I may have in the future against all of the following named persons or entities here, referred to as releases. 2) To release the releases, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or cause of action that I, me estate, heirs, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise, with the exceptions of gross negligence. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with conjunction with any injury or loss of life that may occur as a result of engaging in the above activities. 3) By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement. I hereby declare that I am of legal age and am competent to sign this Agreement or, if not, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this Agreement. I Agree I have read this Agreement, understand it, and I agree to be bound by it. DAMAGE LIABILITY AND CREDIT CARD AUTHORIZATION Got The Hook Up Charters LLC (“Livery”) and the Participant (“Lessee” or “Participant”) (hereinafter collectively “the Parties”) expressly agree and stipulate to the following terms and conditions: The Lessee expressly agrees to be personally liable for any damage to any PWC caused by the Participant or anyone in his/her group regardless of fault. All Participants agree to be Joint and Severally Liable for all PWC’s to the Livery in accordance with this entire agreement. (The importance of joint and several liability under these circumstances is that a finding by the judge of just 1% fault on any one Lessee and 99% fault on the other Lessee will result in the ability to satisfy 100% of the judgment against either Lessee. In essence, any one Lessee owns the fault of all other Lessees and can be forced to satisfy a judgment in full) THE LESSEE EXPRESSLY AGREES TO PAY FOR ALL SUCH LOSS OR DAMAGE. In addition to any damage liability, the Lessee expressly agrees to pay for the loss of use of any PWC damaged by the Participant at the rate of $350 per day from the date of damage until repaired and replaced in rental service, not to exceed 14 days. Participant acknowledges that fiberglass damage ranges from $1000.00 up to $8,000.00. The Lessee understands and agrees that any damage to a PWC is a minimum charge of $500 per PWC, including loss of use. In such event the Lessee expressly authorizes the Livery to charge the Lessee’s credit card for same. I certify that I am an authorized user of this credit/debit card and will not dispute the transaction corresponding to this agreement. Should any term or condition of Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect. This Agreement may be executed in any number of counterparts and by the parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. DECLARATION OF FITNESS TO OPERATE PERSONAL WATERCRAFT - I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during operation of rental personal watercraft.
- Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of my limbs, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and sever joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs.
- I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness.
- Even if I have a health condition as stated above of which I may be unaware, by signing this form I still choose to participate in this activity with the rental property and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions.
- I further Declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if any injury is sustained of any kind during the course of Personal Watercraft Rental, I will notify the rental Operation Manager immediately and before leaving the premises.
Renter acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters, persons, and passengers. It is agreed and understood by RENTER that the RENTAL COMPANY shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. RENTER FURTHER AGREES to indemnify and hold harmless the RENTAL COMPANY and its agents, affiliates and personnel from, and against any and all claims for loss or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. RENTER further agrees to hold the RENTAL COMPANY harmless should loss or damages occur to any RENTER’S personal property while carried in, or on, the rental craft, including loss or damage by fire, water, theft or any other causes whatsoever. In the event of a legal action or other proceeding arising under this Agreement or a dispute regarding any alleged breach, default, or claim arising out of this Agreement, whether or not a lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, whether incurred before suit, during suit, or at the appellate level. The prevailing party shall also be entitled to recover any attorneys’ fees and costs incurred in litigating the entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of attorneys’ fees and costs due to it. The Livery shall be considered the Prevailing party if it is awarded an amount of at least ten dollars ($10). RENTER expressly to agrees to indemnify and hold RENTAL COMPANY and its agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forging rental contract by RENTAL COMPANY, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by RENTAL COMPANY, to recover possession of said rental property and/or to enforce any terms, conditions and/or provisions hereof. It is understood and agreed that Venue and any action hereunder sh all be in the county of RENTAL COMPANY. RENTAL COMPANY’S ability to provide a rental craft if reserved, is contingent upon and subject to the return of the unit by the previous RENTER, or any other cause beyond RENTAL COMPANY’S control. RENTAL COMPANY reserves the right to cancel this rental agreement due to inclement or impending bad weather. RENTAL COMPANY reserves the right to determine if there is inclement or impending bad weather. Rental fees will be prorated based on time used. The rules and regulations contained herein and as posted in the office, on the craft and /or the grounds by the RENTAL COMPANY are for safety and welfare of all who use the facilities. The RENTER certifies that he/she has read and understands said rules and regulations and further assumes the responsibility that his/her family and or guest(s) will obey the rules. Should any term or condition of this Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the unenforceable, then that term shall be deemed severed from this Agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft the RENTER will immediately report it to RENTAL COMPANY. Continued use of it shall be entirely at the RENTER’S risk and thus RENTER assumes all liability of injury and damage to all persons and property that may become involved by its continued use. RENTER acknowledges and understands that RENTAL COMPANY cannot guarantee against mechanical failures of the rental equipment. Any cost of repair(s) due to normal wear and tear on the equipment will be borne by the RENTAL COMPANY. Should the RENTAL COMPAY, or a repair person, repair or replace a unit that is due to RENTER’s oversight, neglect, or misuse, RENTER agrees that the repair call costs will be billed to the RENTER’s security deposit. Prohibited uses: RENTER my not use boats for any use not intended by manufacturer. In addition, RENTER shall not use the boat in any of the following manners: - By any other person not an approved operator listed above In any type of race or competitive event
- For any illegal purpose or in an illegal manner
- To carry any type of hazardous or explosive substance
- To push to tow any other watercraft
- To push or tow tubes, skis or other water toys (with the exception of the 90 HP High performance model) After dusk or during the night
- To carry loads beyond stated capacity
- In a reckless, abusive or negligent manner
- By any person consuming alcohol or drugs
- In violation of the terms and conditions of this agreement in any way
- Outside of approved use area
Additional Prohibitied Use: - RENTER my not use boats for any use not intended by manufacturer and/or RENTAL COMPANY. In addition, RENTER shall not use the boat in any manner in which the use of drug and alcohol are suspected to have been used by the RENTER. In this event, the RENTAL COMPANY has the right to terminate the rental agreement or contract due to the suspected use and or under the influence of drugs or alcohol, at the RENTAL COMPANY's discretion.
THE TERMS AND CONDITIONS ON ALL PAGES OF THIS CONTRACT CONTAIN THE ENTIRE UNDERSTANDING BETWEEN RENTER AND RENTAL COMPANY AND NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT. I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON ALL PAGES; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. PWC Renter Orientation 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.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.
PWC Controls - 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
Scan Constantly - Scan constantly for people, objects and other boats (including PWCs).
- Be alert for conditions that limit your visibility or block your vision of others.
Operate Defensively - 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're going.
Other Hazards - 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 it 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.
Florida Boating License Requirement - If you are born after January 1st, 1988 you must present a Florida Boating License. If you are born after January 1st, 1988, you hereby confirm that you have completed the Florida boater's license certificate and provided a copy to the renter.
I Agree Final Check: READY AND ABLE? - Do you understand that you should scan constantly, operate defensively and avoid aggressive maneuvers?
I Agree Do you understand that you should not release the throttle when you are trying to steer away from people, objects, other boats (including PWCs)? I Agree - Do you have any question about the PWC or its operation? Please ask attendant for further questions.
I Agree I have been instructed on and understand the rules and information provided in this orientation. I also understand that there is a required $250.00 deposit per jet ski for incidentals. The deposit is not the limit of your financial liability, and you are responsible for any damages incurred during your rental to the discretion of Management. The deposit will be refunded or voided at the return of the rental pending no damages. I Agree
|
