PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK 

In consideration of the services of JBS Boat & Jetski Rental LLC their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "JBSBJR"), I hereby agree to release, indemnify, and discharge JSTMC, 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 Boat Tours, Guided Jet Ski 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; 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; major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; 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; being lost or separated from their guides or companions; 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. 

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 JBSBJR 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 JBSBJR’s equipment or facilities, including any such claims which allege negligent acts or omissions of JBSBJR.

4. Should JBSBJR 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 JBSBJR, 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 JBSBJR 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 JBSBJR. 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 JBSBJR that we should wear properly fitted wetsuit bottoms, or clothing that provides equivalent protection, while riding or being around Wave Runners 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 may be subject to injury from this activity and that no form of preplanning can remove all danger Against the advice of JBSBJR, we are declining this critical safety precaution. 

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

JBS Boat & Jetski Rental LLC
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

We want you to have a great experience with us. However, for your protection and ours, you must read and agree to the provisions below before you are authorized to use our facilities and/or services. The different activities that are offered entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. If you are unable or unwilling to sign this Waiver and Release, you are welcome to enjoy yourself by watching others, but we cannot allow you to personally participate in any of our activities or actively use our facilities and/or services.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF JBS Boat & Jetski Rental LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM JBS Boat & Jetski Rental LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND JBS Boat & Jetski Rental LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. 

I have read this Waiver and Release and agrees as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at JBSBJR involves inherent danger and potential risk of both minor and serious, temporary and permanent, bodily injury of any and all kinds, both caused by me and/or by others. In signing this release, I assume all risk for, and financial cost of, any and all injuries, and/or any damage, to my child/children.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge JBSBJR and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, firms, corporations, associations or partnerships claiming by or through them, from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, and exemplary), liability or obligations of any nature or kind, whether known at the time or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with me or my child’s activities with or at JBSBJR including claims involving their own negligence.

3. I agree to indemnify and hold harmless JBSBJR and its individual managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, corporations, or partnerships claiming by or through them, from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or judgments directly or indirectly arising out of, or relating to, my child’s/children’s participation in any activities at JBSBJR including for claims alleging JBSBJR own negligence.

4. I understand that this agreement extends forever into the future and will have full force and legal effect each and every time my child/children visit JBSBJR whether at the current location or any other location or facility. I have read the JBSBJR Waiver and Release from any Claim of Responsibility or Damage and agree to all conditions. 

I have read the JBSBJRWaiver and Release from any Claim of Responsibility or Damage and agree to all conditions.

All Renters Must be 18 Years Old or Older, with a Valid United States Driver’s License or State issued ID.

Drivers must be at least 16 years old with a valid ID.

This Jet Ski Rental Agreement is made by JB’s Boat & Jet Ski Rentals LLC and between the Renter identified below and is effective as of the date of the signature of the Renter.

Rules for the Use of Jet Ski and Equipment. Renter agrees that he or she should use the Jet Ski, including all its equipment, safety (life) vests, motor, gas tank, and sounding device (hereinafter collectively referred to as ("the Jet Ski") only for the purpose of personal boating with safety always in mind, and in accordance with ALL of the following rules:

A.  Renter and any other participants shall not consume, nor be under the influence of, any intoxicant (including but not limited to alcohol) while operating the Jet Ski.

B.  Renter shall follow all posted speed limits and rules of navigation while on the water and shall stay clear of all other boats on the water. Renter shall not attempt to board another vessel from the Jet Ski or tie off to another boat. Renter should take care not to allow the Jet Ski to collide or damage other vessels or docks.

C.  Renter shall not allow anyone other than Renter to use or operate the Jet Ski other than those who have signed the Participant Release Waiver and this agreement. If Renter fails to disclose other operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damage arises out of the negligence of fault.

D.  Renter shall not, except in an emergency to return, place fuel in the gas tank from a source other than a fueling station.

E.  Renter shall not allow anyone to ski or ride tubes tied to the Jet Ski Responsibility/Damages. Renter shall return the Jet Ski, in good working order and condition, at the end of the rental, the equipment will be inspected. If any equipment has been lost or damaged, Renter shall inform JB’s Boat & Jet Ski Rentals staff upon return. Renter shall be financially responsible for all lost or damaged equipment or damage to The Jet Ski. JB’s Boat & Jet Ski Rentals will charge the Renter for lost or damaged equipment to the credit card on file according to the following schedule of charges:

• Impeller/Jet Pump $1,000.00
  
• Tie down straps $40.00
  
• Glove box cover $100.00
  
• Torn or damaged seats $500.00/seat
  
• Extinguisher $50.00                                                                             
  
• Lic./Reg./lns. Paperwork $200.00                       
  
• Front bumper $300.00   
• Fiberglass Repair $100 per sq inch     
• Cracked hull $3,000
• Flooded engine $750
• Lost key $150 
• Front bumper $300.00            
• Totaled Jet Ski $15,000     
• Life Jacket $60.00                  
  

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 JB’S Boat and Jet Ski Rentals for damages occurred. If The Jet Ski is returned in an unrentable condition, Renter agrees to pay JB’s Boats & Boat Jet Ski Rentals additional rent of ($150)/day until Jet Ski is able to be repaired to a rentable condition, with a maximum rental charge of (10 Days).

Reservation Policy

 Our Policies/Cancellation Policy

When you make a reservation, we will charge your credit card immediately for the cost of the rental or deposit. Because we have a high demand and limited equipment, we pack the schedule very tightly. We offer a 48-hour period before your reservation to make changes or cancel, after which you will not be able to alter your reservation.

Please understand that there are no exceptions to this cancellation policy. NO CIRCUMSTANCES CAN WE CANCEL/RESCHEDULE A RESERVATION ON THE DAY OF YOUR RESERVATION.

Arrive Ready

All renters must be physically present at the start of the rental. We do not allow 3rd parties to pick up jet skis and our employees cannot deliver the jet skis to you.

Age Limit

Jet ski rentals require the driver of each jet ski to be 16 years of age. Children riding on the back must be at least 6 years of age or older. There are no exceptions. The waterways can be dangerous, and it will be very sad if we have to turn them away. We also cannot refund you for failing to understand this regulation. Please be understanding, we are trying to protect you, your friends and your family.

Weather Policy

If there is a weather condition on a particular day that might make jet skiing dangerous (snow, hail, ice, hurricane, tornado, high winds, etc.) we will contact you to inform you of our decision that it is unsafe to jet ski, and we will as a complimentary, reschedule you or offer a refund if you can't reschedule. 

Damage Policy:

You agree that you are the cardholder and agree to have your card charged in the event that you’ve occurred damages during your rental. The price of repairs are listed above on this agreement.

Late Fee:

If you return the jet skis after your return time, you will be charged $2.00 +tax per minute per jet ski. This includes if you get lost. You are able to use the map provided or your phone GPS to assist you. Unfortunately if you end up lost, we are not able to waive the late fee. You most likely will not get lost. If you suspect you are lost, simply give us a call and we can assist you.

Acknowledgements and Agreements. By executing this Jet Ski Rental Agreement, undersigned Renter acknowledges and agrees:

A. Although Renter may receive general instructions on these forms and from JB’s Boat & Jet Ski Rentals staff prior to rental, I acknowledge that the instructions received do not qualify as watercraft operation training or safety training. Renter acknowledges these limitations and agrees to assume all risks associated with the operation of the Jet Ski.

B. Renter acknowledges and agrees that he or she has the requisite skills, physical and mental abilities necessary for the proper and safe use of Jet Ski and swimming skills as may be needed in an emergency. 

C. Renter is personally liable for any injury or damage caused to others or their property while operating Jet Ski, regardless of whether in Renter's party or third parties.

D. Renter agrees to wear a properly fitted and fastened U.S. Coast Guard approved floatation device (life jacket) and are also offered swim suits while aboard the Jet Ski or on or in the water and require the same of any passenger.

E. Renter shall not sell or assign this Agreement or sublet the Jet Ski or any part thereof, and at all times during the rental period, the person listed as the Renter shall be the person operating the Jet Ski.

F. JB’s Boat & Jet Ski Rentals provides Jet Ski without warranty and any and all warranties capable of waiver under Florida law are hereby waived.

G. JB’s Boat & Jet Ski Rentals is not liable for the loss or damage to the personal property of the Renter.

Warnings. There are significant elements of risk in any adventure sport or activity on the water or associated with the use or presence of watercraft, including but not limited to Jet Skis and their related use. These risks are inherent in boating and may be present even if the Jet Ski is used properly and even in still water. The Renter understands and acknowledges that the operation of the Jet Ski involve risks such as, but not limited to: (a) changing water flow, conditions or currents; (b) collision with other participants, any portion of the interior of the craft, other watercraft, manmade or natural objects, including overhanging, submerged and/or semi-submerged trees, branches, rocks and boulders; (c) cold weather and heat related injuries and illnesses including hyperthermia, frostbite, heat exhaustion, sun stroke, and dehydration; (d) inclement weather, variances and extremes of wind, weather and temperature, lightning and the presence of insects and animals; (e) sense of balance, physical coordination, ability to swim, and/or ability to follow directions; (f) loss of control of the craft, collision, capsizing, and sinking of the craft which can result in wetness, injury, exposure to the elements, hypothermia and drowning; (g) injury while getting in and out of the craft; (h) travel, including hiking, portaging and travel to and from the related and unrelated activities; (i) the presence of wild animals, including marine life forms, (j) unavailability of emergency aid services and emergency medical care. The listing of these risks is not intended and should not be construed as all of the possible risks associated with the use of Jet Ski.

Assumption of Risk. Based upon the warnings above and Renter's acknowledgement of the inherent risks of using and operating a Jet Ski, and that some or all of those risks may be unavoidable even with reasonable care in the use and operation of the Jet Ski, by executing this agreement Renter expressly assumes all risks that arise from the use and operation of the Jet Ski, including the risk of property damage, bodily injury and possibly death, including the acts of others, the unavailability of emergency care and any other foreseeable or unforeseeable factors or circumstances related to the use of the Jet Ski. 

Today's date: May 7, 2025