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Participant Agreement, Release and Assumption of Risk


EARLY RETURN WILL NOT RESULT IN A REFUND

In consideration of the services of Above Water Rentals, 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 “AWR”), I hereby agree to release, indemnify, and discharge AWR, 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 Jet Ski, WaveRunner, 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, lighting 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 cold 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; 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, AWR 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 AWR 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 AWRs equipment or facilities, including any such claims which allege negligent acts or omissions or AWR.

4. Should AWR 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, AWR, I agree to do so solely in the state of Arizona, 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, I may be found by a court of law to have waived my right to maintain a lawsuit against AWR 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 AWR. 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.

 November 21, 2024

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
YOUR DEPOSIT DOES NOT COVER ALL POSSIBLE DAMAGES

PROTECTIVE WETSUIT REFUSAL AGREEMENT


I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Above Water Rentals (hereinafter collectively referred to as ‘AWR’), that we should wear a properly fitted wetsuit bottom, or clothing that provides equivalent protection, while riding or being around personal watercraft (e.g. jet skis, wave runners, etc.) in order to protect against injuries and/or death caused by water from the jet thrust nozzle being forced into the rectum or vagina. I understand that by not wearing a properly fitted wetsuit bottom, or clothing that provides equivalent protection, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of AWR and numerous court cases I am refusing this critical safety precaution.


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

i agree

Above Water Rentals Jetski Rental agreement

IF YOU ARE CAUGHT DRINKING WHILE PARTICIPATING IN THE JETSKI RENTAL YOU WILL BE FINED $500.00 AND YOUR RENTAL WILL BE REVOKED.

 

IF YOU ABANDON ANY OF OUR RENTALS WE WILL CHARGE YOU $500.00, IF THE RENTAL JETSKI IS STOLEN YOU MAY BE CHARGED UP TO $14,000.

 

  • Watercraft must be in at least 3ft of water before starting, and the engine must be shut off at least 30ft from shore.
  •  Life vest must be worn at all times.
  •  Look in all directions before turning.
  •  Stay away from any jetski or boats.
  •  Splashing is not permitted.
  •  Towing is not permitted, unless instructed to.
  •  No beaching on rocks, tying or docking is not allowed unless getting gas.
  •  Always get on from rear of watercraft.
  •  No wake in no wake zone (no faster than 3mph)
  •  Do not flip the jetski-deposit will be taken.
  •  Driver must be 18 years old and must have shown a valid id to Above Water Rentals.
  •  License and cell phone must be with you at all times.
  •  You must respect lake rules at all times.
  •  All illegal activity is prohibited such as drinking or riding in a reckless manner is subject to revocation of rental and deposit.
  •  Any existing fiberglass damage has been documented.
  •  Late fees will apply for not returning at designated time at a cost of $50 per every fifteen minutes late, unless agreed upon.



I agree

Lost Items Cost:

Life Jacket $60

Watercraft Key $60

Anchor $50

Fire Extinguisher $60

Ropes $30 each

Damage Impeller $500-1,200

Water in engine bay  $500-10,000

Service Call: Flooded engine, lost key, ski adrift, damage equipment retrieval, customer negligence, etc.

I HAVE READ THE ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM EXPRESSING MY INTENT TO WAIVE VALUABLE LEGAL RIGHTS INCLUDING ANY AND ALL RIGHTS I MAY HAVE OR NOW HAVE AGAINST THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, SERVANTS, OR ASSIGNS.


I have read the damage costs and agree to all costs written, and authorize Above Water Rentals to charge my credit/debit card for all repairs. Customer is responsible for boats/watercraft completely full of fuel. If not, refueled customer will be charged $ _______ per gallon.
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*

Parent’s or Guardian’s Additional, Indemnification

(Must be completed for participants under the age of 18) 

In consideration of the following minor(s): (print name(s) and DOB(s))

being permitted by AWR to participant in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless AWR from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).

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*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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