As a condition of engaging in Activities and renting watercraft, accessories, equipment, services and/or other items (collectively, “Equipment”) from Jordanelle Rentals & Marina, LLC, and each of its agents, owners, officers, volunteers, participants, employees, sponsors and all other persons or entities acting in any capacity on its behalf (collectively, “JRM”), provide correct and current information below. Official ID must be provided. All operators must either be 18 years or older, or accompanied at all times during operation by a responsible person 18 years or older. By initialing the box below, I certify that the information I provided JRM is true and correct and hereby request a reservation. I further acknowledge and agree to each term and condition of the rental contract, including, without limitation, authorization to charge my credit card for repairs/damages, deposit and/or the described “No Show” fee.
INITIALING EACH PAGE, SIGNING AND DATING THISAGREEMENT (INCLUDING THE WAIVER AND RELEASE).
(The term “Renter” refers to each person or persons renting Equipment from JRM and/or engaging in Activities) Terms: In consideration of the covenant provided, JRM agrees to rent to Renter the Equipment (as described in the attached hereto and made a part hereof) and engage in Activities for the period indicated. Renter accepts full and complete delivery of the Equipment and shall be responsible for the operation and charges incidental to the use of the Equipment during the use period, including all Equipment outlined on the CHECK OUT/IN addendum, which is made a part hereof. Renter represents that all information provided to JRM is true and correct. Renter agrees to pay all rental fees and other charges or sums provided for in this Agreement. Renter agrees that any film or photographs of Renter and participants becomes JRM property and may be used for promotional or commercial purposes without compensation. JRM reserves the right, in its discretion, to refuse service to anyone at any time. Condition of Equipment upon Delivery: By initialing below, and unless otherwise indicated in writing by Renter, Renter hereby certifies that, prior to use: (a) Renter has examined the provided Equipment to its complete satisfaction, and (a) upon delivery by JRM, the Equipment is: (i) in good, operable condition and working order (ii) without material defect, (iii) properly outfitted for use by Renter and includes all supplies, parts and accessories required by law and otherwise necessary, and (iv) in clean and good condition throughout, ready for service. Upon delivery, and during the entire use period, Renter shall be and remain solely and exclusively responsible for the operation, control, condition and possession of the Equipment, as well as all expenses associated therewith.Should Renter for any reason not be present or not ready to accept delivery of the Equipment at the reserved time, JRM reserves the right in its sole and absolute discretion to rent the Equipment to another customer. Safe Operation: As a condition of this rental, Renter certifies, represents and warrants that Renter and all authorized operators (a) ARE AT LEAST 18 YEARS OF AGE, (b) are experienced in the proper and safe use of the Equipment provided by JRM, (c) will at all times operate the Equipment in a reasonable and prudent manner, having due regard for other watercraft, wakes and all other attendant circumstances so as to not endanger the life, limb or property of any person, (d) use the Equipment for the designated purpose only, and (e) at all times while operating the Equipment, will follow and comply with all safety and navigation markers, signs and/or buoys as well as all marked and posted operation restrictions regarding speed, wakes, area access and hazards, and all state, federal and local boating regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using the Equipment. BY INITIALLING BELOW, I HAVE CAREFULLY READ AND AGREE TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT. No Assignment: Renter may not assign, transfer or sublet the Equipment without the prior written consent of JRM. Limitations on Use: In addition to the other terms and conditions contained herein, Renter agrees to the following limitations on use of the Equipment: (a) identify all buoys; (b) always look in all directions for other watercraft and hazards; (c) Stay at least 150ft from all other watercraft; (d) Do not beach the Equipment; (e) Report all accidents or damage to JRM immediately; (f) operation restricted to daylight hours; (g) No weapons or drugs on the Equipment; (h) Only Renter and other authorized operators may operate the Equipment; (i) No pets aboard the Equipment without prior written permission from JRM; (j) Abide by all state, city, county and/or all federal laws; (k) No towing persons or other devices without prior written approval from JRM; (l) No more than the maximum number of passengers allowed, as stated on Equipment; (m) Strictly heed all written and verbal warnings; (n) Do not modify, alter, misuse or abuse the Equipment; and (o) Do not leave Equipment unattended for any period of time. Violation of any of the foregoing may, in JRM’s sole discretion, result in forfeit of the rental and/or Deposit without refund of any kind, imposition of additional costs or fees, expulsion from the premises and/or refusal of rental service in the future. The operator of the Equipment is responsible at all times for the safety and welfare of passengers. Accidents and Breakdowns: In the case of a collision, accident or other casualty, Renter shall notify JRM IMMEDIATELY. Renter shall, in such an event, so far as possible without serious damage to person or property, render assistance to persons affected by the emergency as may be reasonably practicable to minimize or prevent damage or injury. Renter further agrees to cooperate fully, as may be reasonably necessary, with all investigations conducted by JRM or any governmental agency or department. No repairs of any kind may be performed with respect to the Equipment without written permission from JRM. Should the Equipment sustain mechanical failure after delivery during normal operation or become disabled or damaged so as to prevent the use of the Equipment by Renter for a period of more than 10% of the agreed use period, the same not being brought about by any negligence, fault or act of Renter, JRM shall refund a pro-rata share rental fees to Renter. Inventory and Redelivery: An inventory of Equipment shall be furnished by JRM to the Renter at the time of delivery, which inventory Renter agrees is accurate unless otherwise noted in writing. Renter shall be solely responsible for payment of damaged or missing items. Renter shall keep the Equipment in good running condition during use and shall surrender the Equipment in as good and clean a condition as when delivery was taken. Renter is responsible for allowing sufficient time for unforeseen contingencies (such as water traffic) to permit Renter to return at the stated time. A late charge of $25.00 for each half-hour, or any portion thereof, shall be assessed to Renter for any equipment returned after the agreed upon time. Before use, Renter is solely responsible for inspecting all Equipment carefully and to bring any missing or damaged Equipment to the attention of JRM. Discrepancies must be noted in writing on the rental agreement and/or check in/check-out form, which will be binding and conclusive. Failure to note to do so may result in a fee for damaged or missing Equipment. If needed, please ask JRM for assistance with inspection and/or instructions on how to properly set-up the Equipment. Damage and Loss Fees: The following policies shall apply should the Equipment, or any part thereof, be returned damaged, stolen or lost: (a) Lost or abandoned Equipment will be billed $50.00 per hour for recovery time; (b) Repair work that can be performed by JRM (such as patching) will be billed at $50.00 per hour plus materials and lost revenue; (c) Repair work that must be performed by a third party will be charged at the third party’s rates plus materials and lost revenue; (c) Bent paddles, folded (wrapped) kayaks or boards, and badly damaged watercraft will be charged for replacement; (d) 100% retail replacement value will apply to lost or stolen Equipment, regardless of the age of the Equipment; (e) A cleaning fee of up to $10.00 per item will be charged if Equipment is returned dirty; and (f) It is solely the discretion of JRM to determine if damaged Equipment will be repaired or replaced at Renter’s expense. Any Equipment not returned within 24 hours will be deemed lost at the expense of Renter. JRM reserves the absolute right to charge different or additional fees depending on the condition of the Equipment upon return. A list of estimated replacement prices is available upon request and is subject to change without notice. JRM shall recover its costs, fees and expenses, including attorney’s fees, incurred in collecting any amount due it under the rental agreement. Refund Policy: JRM does not extend rental time for weather, force majeure, water conditions, late start times, or for down time due to customer error. No refunds will be given for rentals returned early or those returned due to weather or other natural conditions. No-shows withreservations notcancelled 48 hours prior to THEIR ORIGINAL RENTAL TIME, will be charged the FULL amount of the rental. JRM may find it necessary to terminate an activity due to forces of nature, medical necessities or other problems; and/or refuse or terminate the participation of any person they judge to be incapable of meeting the rigors or requirements of participating in the activity. Renter accepts JRM’s right to take such actions for the safety of Renter and/or other participants. Personal Property : JRM is NOT responsible for loss or theft of, or damage to, personal property, including that left on the Equipment. Disclaimers and Limits of Liability: EXCEPT AS EXPRESSLY STATED HEREIN, JRM DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL JRM BE LIABLE TO RENTER, ANY AGENT, HEIR, FAMILY MEMBER, GUEST, OR LICENSEE OF RENTER, OR ANY THIRD PARTY, FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF, OR RELATED TO, THE EQUIPMENT AND/OR OR THE TERMS AND CONDITIONS HEREIN, EVEN IF JRM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. JRM’S LIABILITY SHALL IN NO EVENT EXCEED TWICE THE TOTAL AMOUNT PAID BY RENTER TO JRM FOR RENTAL OF EQUIPMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY In consideration of JRM, providing Equipment to enable me to participate in water activities, including, without limitation, the presence or use of motorized watercraft, boats, water craft and personal water craft (PWC) and activities incidental thereto (collectively, referred to herein as the “Activities”), I, for myself and on behalf of all persons claiming by, through or under me, including, without limitation, my parents, children, successors, heirs, assigns, guarantors, personal representatives and estate (collectively, the “Releasing Parties”), hereby unconditionally acknowledge, promise and agree as follows: Safety : Under Utah state law and JRM policy, PARTICIPANTS MUST WEAR LIFE PRESERVERS AT ALL TIMES! I acknowledge that JRM has offered me safety Equipment and instruction, including a life preserver, and that FAILING TO USE OR PROPERLY USE SAFETY EQUIPMENT and/or to OBSERVE AND OBEY ALL SAFETY RULES OR INSTRUCTIONS and/or the terms and conditions of this Agreement increases my risk of injury or death during the Activities. I understand and acknowledge that, despite reasonable care and maintenance, essential Equipment may fail, malfunction or cause injury or worse harm to myself or others. BY INITIALLING BELOW, I HAVE CAREFULLY READ AND AGREE TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT
Acknowledgment of Risks: I understand and acknowledge that any water activity entails UNKNOWN AND UNANTICIPATED RISKS that could result in PHYSICAL OR EMOTIONAL INJURY, DISEASE, STRAINS, TORN MUSCLES, CUTS, ABRASIONS, CONTUSIONS, DEHYDRATION, DROWNING, OXYGEN SHORTAGE, HEAD, NECK AND SPINAL INJURIES, EYE DAMAGE, ALLERGIC REACTION, ANIMAL BITE OR ATTACK, INSECT OR MARINE LIFE, FRACTURES, SHOCK, PARTIAL OR TOTAL PARALYSIS, DEATH, AND/OR DAMAGE TO MYSELF, TO PROPERTY, OR TO THIRD PARTIES. These risks and dangers may be caused by the negligence of JRM, the negligence of others, accidents, breaches of contract, forces of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, without limitation, inclement weather, lightning, wind, water level or flow, variances and extremes of wind, weather and temperature, waves, wake, submerged or semi-submerged obstacles, slippery conditions, bridges, exposure to the natural elements, capsizing, risks of falling out of, colliding with or drowning while in a water craft, boat, raft, kayak, tube, paddleboard, canoe, life preserver or other floating device, or while launching or swimming and such other risks, hazards and dangers that are integral to outdoor and water activities in a recreational environment. Other risks may include, without limitation: (a) my sense of balance, physical coordination, ability to operate Equipment, swim and/ or follow directions; (b) collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, and/or drowning; (c) getting in or out of or launching the Equipment; (d) Equipment failure, malfunctions, and operator error; (e) heat or sun related injuries or illnesses including sunburn, sunstroke, or dehydration; (f) fatigue, chill and/or dizziness, which may diminish recreation time and increase the risk of an accident. I acknowledge that the enjoyment and excitement of the Activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life in my normal day-to-day activities and that these inherent risks contribute to my enjoyment and excitement, are an integral reason for my participation in the Activities and cannot be eliminated. I understand that consuming alcohol or drugs increases risk. Express Assumption of Risk: As lawful consideration for being allowed to participate in the Activities, I expressly agree and promise for myself and the Releasing Parties, to ACCEPT AND ASSUME ALL RISKS existing in the Activities. My participation is purely VOLUNTARY, and I ELECT TO PARTICIPATE IN THE ACTIVITIES IN SPITE OF THE RISKS. I expressly agree and acknowledge that the terms and conditions of this Waiver, Assumption of Risks and Release of Liability are contractual in nature and that I am signing it of my own free will. Release, Waiver & Indemnity: On behalf of myself and the Releasing Parties, I hereby voluntarily release, forever discharge, and agree to fully indemnify (including fees and costs), defend and hold JRM harmless from any and all claims, costs, expenses, liabilities, demands, or causes of action, in any way connected with my participation in the Activities or my use of the Equipment, property or facilities, including, without limitation, any such claims which allege NEGLIGENT acts or omissions of JRM. Own Use: I acknowledge that the Equipment provided to me is for my sole and exclusive use and shall not be shared under any circumstance with another person and that I am responsible to ensure that the Equipment does not leave my possession. On behalf of myself and the Releasing Parties, I hereby agree that the release, waiver and indemnity herein shall apply to any damage or injury claimed by a third party arising from, or related in any way to, use of the Equipment provided to me and/or the Activities. Personal Skill & Insurance: I certify for myself and the Releasing Parties that I have (a) sufficient skill and fitness to participate in the Activities; (b) no medical, mental or physical conditions that could interfere with my safety or ability to participate in the Activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition; and (c) adequate insurance to cover any injury or damage I may cause or suffer while participating, or else agree to bear the full cost and expense of such myself. Enforcement: With respect to any dispute arising out of, or relating in any way to, this Agreement, the Equipment or my participation in the Activities, I agree for myself and the Releasing Parties to: (a) to indemnify and hold JRM harmless from any and all attorney’s fees and costs JRM may incur; (b) that any claim be instituted and maintained only in the Fourth Judicial District, Wasatch County, State of Utah, to whose EXCLUSIVE jurisdiction I hereby consent; (c) irrevocably WAIVE MY RIGHT TO A JURY TRIAL, and (d) except as prohibited by law, WAIVE any right to claim or recover any special, exemplary, punitive, or consequential damages other than, or in addition to, actual damages. Miscellaneous: On behalf of myself and the Releasing Parties, I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this Agreement can be used as if it were the original. This document constitutes the entire agreement between myself and JRM, and it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document. By signing this document, I acknowledge for myself and the Releasing Parties that if anyone is hurt or property is damaged during my participation in the Activities, I may be found by a court of law to have waived my right to maintain a lawsuit against JRM on the basis of any claim from which I have released them herein, including for negligence. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT (ALL 3 PAGES). I UNDERSTAND IT AND, BY SIGNING/INITIALLING, AGREE TO BE BOUND BY ITS TERMS. **Parents or Guardians Additional Indemnification and Signature (for participants under 18 years of age): I represent by signing below that I have complete and absolute authority to bind, contract for and legally act on behalf of the minor child listed below (the “Minor”); I believe and certify that I have the legal authority to make the waivers and releases contained herein. I understand and acknowledge that JRM relies to its detriment on this representation. In consideration of the Minor being permitted by JRM to participate in the Activities, I further agree to indemnify (in other words, I agree to pay for...) and hold JRM harmless from any and all claims that are brought by, or on behalf of Minor, and which are in any way connected with Minor’s use or participation. Today's Date: December 23, 2024
|
