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Every person participating in watercraft activities in a rented vessel must complete a waiver - adults and minors. 

WAIVER AND RELEASE OF LIABILITY AGREEMENT

 

I. DISCLAIMER

This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by Adventure Ocala, LLC (“Company”). For purposes of this Waiver and Release, the term “Company” includes all employees, agents, representatives, servants, assigns, successors, insurers, volunteers, and subsidiaries of Adventure Ocala, LLC and Forest & Park, LLC. If any other rental agreement is used in addition to, or in conjunction with, this Release, the provisions of this Release shall prevail over any other clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that Renter is signing this Release on behalf of the undersigned (“Renter”) and the undersigned’s minor children. Renter agrees that he/she will disclose to Company all potential operators, passengers, and users of the rental equipment. Renter further agrees that, in the event that Renter fails to notify Company of all potential operators, passengers, or users of said equipment, Renter will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of Company.



 

II. EXPRESS ASSUMPTION OF RISK

Renter hereby agrees that he/she is renting, operating or using the equipment provided by Company at his/her own risk. Renter acknowledges and agrees that they understand the nature of the use of the rental equipment; that Renter is qualified, in good health, and in proper physical condition to rent and use equipment provided by Company; that there are certain inherent risks and dangers associated with the rental and use of equipment provided by Company including serious injury and/or death; that not all risks can be foreseen and that there are some risks that may be unpredictable or unavoidable; and that Renter knowingly and voluntarily accepts and assumes responsibility for each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Renter’s rental and use of equipment from Company, including those that may arise out of the negligence or fault of Company.



 

III. WAIVER/RELEASE OF LIABILITY

In consideration for the rental and use of Company’s equipment, the undersigned Renter, for their spouse, heirs, personal representatives, estate or assigns, hereby releases, waives, discharges, and covenants not to sue Company, Company officers and/or Company employees, from and for any liability resulting from any personal injury, accident, or illness (including death), and/or property loss, sustained by the undersigned Renter and any minor child under the undersigned Renter’s custody, care, and control, however caused, and arising from, or in any way related to, Renter or minor child’s rental and use of Company’s equipment, including those risks and liabilities resulting from Company’s negligence or fault. The undersigned Renter also hereby agrees to indemnify, defend, and hold harmless Company, Company officers, and/or Company employees from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including without limitation, attorney’s fees arising from or related to Renter’s rental or use of Company’s equipment. This Waiver and Release does not apply to gross negligence or intentional torts by Adventure Ocala, LLC and Forest & Park, LLC.



 

IV. LIABILITY TO THIRD PARTIES

Renter hereby agrees that he/she will indemnify and hold harmless Company for any and all personal injuries, accidents, and illnesses (including death) and/or property damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under the undersigned’s custody, care, and control, resulting from any and all activities related to the rental, operation, or use of equipment provided by Company, even if such damages arise out of negligence or fault of Company.



 

V. ACKNOWLEDGMENT OF WAIVER AND RELEASE

Renter states that Renter has had sufficient time to review this Waiver and Release and to ask any questions associated with this Waiver and Release. Renter further states that Renter has carefully read the forgoing Waiver and Release, knows that contents thereof, and has signed this Release freely and voluntarily. Renter acknowledges that Renter is aware that Renter may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Company with the knowledge that signing this Waiver and Release is a requirement for rental, operation, and use of Company’s equipment. Renter further warrants that Renter is fully aware that Renter is waiving any right Renter may have to bring a legal action to assert a claim against Company for Company’s negligence.



 

VI. NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN:

Read this form completely and carefully. Renter agrees to let Renter’s minor child engage in a potentially dangerous activity. Renter agrees that, even if Company, their officers, agents and/or employees, and, if applicable, the owners and lessors of premises used for the activity (”Releasees”) uses reasonable care in providing this activity, there is a chance Renter’s 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 Waiver and Release on behalf of Renter’s child, Renter is waiving Renter’s child’s rights, Renter’s rights, Renter’s co-parent’s rights, and the rights of anyone acting on behalf of Renter, Renter’s child, or Renter’s co-parent, to recover from Company, its officers, agents and/or employees, and, if applicable, the owners and lessors of premises used during the rental, for any personal injury, including death, to Renter’s child or any property damage that results from the risks inherent, known and unknown arising from the rental and use of Company’s equipment. Renter acknowledges that Renter has the right not to sign this form and not allow the participation of Renter’s child in activities associated with the rental or use of Company’s equipment. Renter acknowledges that this Waiver and Release, if signed, was done so freely and voluntarily with understanding of the contents of this Waiver and Release. 



 

***READ RELEASE BEFORE SIGNING***

 

Additional Rules & Regulations

  1. Only adult persons (18 years of age or older) who can swim may rent and operate watercraft. Anyone under 18 must have a person over the age of 18 in the vessel with them. 
  2. All equipment must be returned in the same condition it was at the time of rental, clean and undamaged. Lost or damaged equipment is subject to liens against your deposit, or possible legal action.
  3. Watercraft occupancy and weight limits must be strictly adhered to and must follow the applicable Federal and State regulations. If you do not adhere to these and the vessel sinks, you are responsible for damages and will not receive a refund.
  4. All equipment must be returned at or before the return times. Company reserves the right to deduct additional fees from your deposit for late returns.
  5. Do not disturb wildlife or vegetation. Swimming, wading, and exiting the vessel are not permitted on Juniper Run.
  6. DO NOT FEED alligators or wildlife. Doing so is a violation of Federal law and could subject you to punishment under the applicable laws.
  7. NO ALCOHOLIC BEVERAGES or glass containers are allowed at any time on Juniper & Alexander Run. Possession or consumption of alcoholic beverages on Juniper & Alexander Run may be a violation of Federal law and could subject you to punishment under the applicable laws.
  8. It is a violation of State law to knowingly allow a person under 14 years of age to operate a personal watercraft and, doing so could subject you to punishment under the applicable laws. 
  9. One life jacket must be on board per individual. Children under the age of six years old MUST wear a USCG-approved Type I, II or III Personal Flotation Device while on any operational vessel. We do not provide PFDs for guests under 50lbs. 
  10. Vessels less than 16 feet must have some means of producing a sound, such as a whistle.
  11. We are not responsible for your safety on the water. Our staff are not trained for rescue and do not perform them. Should you be in an emergency situation, please contact 911. 
  12. We do not give refunds due to inclement weather. 

 

I have read and understand this Waiver and Release and the Rules and Regulations.



I understand and agree to pay a $50 per boat, per hour late fee should I return my rental vessel late. 

Today's Date: April 27, 2024




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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.
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 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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