ONLINE PRIVACY POLICY AGREEMENT 

May 20, 2023

Superior MK Rentals (SMKR) values its users' privacy. This Privacy Policy ("Policy") will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Superior MK Rentals of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.

We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Superior MK Rentals decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.

This Policy applies to Superior MK Rentals, and it governs any and all data collection and usage by us. Through the use of superiormkrentals.com, you are therefore consenting to the data collection procedures expressed in this Policy.

Please note that this Policy does not govern the collection and use of information by companies that Superior MK Rentals does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.

Specifically, this Policy will inform you of the following:

1. What personally identifiable information is collected from you through our website;

2. Why we collect personally identifiable information and the legal basis for such collection;

3. How we use the collected information and with whom it may be shared;

4. What choices are available to you regarding the use of your data; and

5. The security procedures in place to protect against the misuse of your information.

Information We Collect

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as:

· Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.

· Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.

In addition, Superior MK Rentals may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.

Superior MK Rentals may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.

Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for this purpose for which it was requested, and any additional uses specifically provided for on this Policy.

Why We Collect Information and For How Long

We are collecting your data for several reasons:

· To better understand your needs and provide you with the services you have requested;

· To fulfill our legitimate interest in improving our services and products;

· To send you promotional emails containing information we think you may like when we have your consent to do so;

· To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;

· To customize our website according to your online behavior and personal preferences.

The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations: the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.

Use of Information Collected

Superior MK Rentals does not now, nor will it in the future, sell, rent, or lease any of its customer lists and/or names to any third parties. Superior MK Rentals may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from superiormkrentals.com

Superior MK Rentals may also be in contact with you with regards to completing surveys and/or research questionnaires

related to your opinion of current or potential future services that may be offered.

Disclosure of Information

Superior MK Rentals may not use or disclose the information provided by you except under the following circumstances:

· as necessary to provide services or products you have ordered;

· in other ways described in this Policy or to which you have otherwise consented;

· in the aggregate with other information in such a way so that your identity cannot reasonably be determined;

· as required by law, or in response to a subpoena or search warrant;

· to outside auditors who have agreed to keep the information confidential;

· as necessary to enforce the Terms of Service;

· as necessary to maintain, safeguard and preserve all the rights and property of Superior MK Rentals.

Non-Marketing Purposes

Superior MK Rentals greatly respects your privacy. We do maintain and reserve the right to contact you if needed for nonmarketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Superior MK Rentals products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.

Children under the age of 13

Superior MK Rentals’ website is not directed to, and does not knowingly collect personal identifiable information from,

children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

Unsubscribe or Opt-Out

All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to superiormkrentals@gmail.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Superior MK Rentals will continue to adhere to this Policy with respect to any personal information previously collected.

Links to Other Websites

Our website does contain links to affiliate and other websites. Superior MK Rentals does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website.

Notice to European Union Users

Superior MK Rentals' operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.

Your Rights as a Data Subject

Under the regulations of the General Data Protection Regulation ("GDPR") of the EU you have certain rights as a Data Subject. These rights are as follows:

· The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.

· The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to superiormkrentals@gmail.com.

· The right to rectification: this means that if you believe some of the date, we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request.

· The right to erasure: this means you can request that the information we hold be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of same. You can do this by sending an email to superiormkrentals@gmail.com.

· The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to superiormkrentals@gmail.com.

· The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at superiormkrentals@gmail.com.

· The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to superiormkrentals@gmail.com.

In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach, and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our website at superiormkrentals.com.

Security

Superior MK Rentals takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g., credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the webpage.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure, or modification of the user's personal information under our control. The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. In addition, Superior MK Rentals is a licensee of TRUSTe. The website is also secured by VeriSign.

Acceptance of Terms

By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you agree to and accept such changes.

How to Contact Us

If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.

If you have any questions or concerns regarding our privacy policy, please contact us through our website with the Contact Us form.

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Superior MK Rentals

Jet Ski Rental Rules and Liability Waiver


Review Superior MK Rentals, LLC Privacy Policy

GENERAL RENTAL RULES 

Please carefully read the rules, contract, and waiver & liability release for the rental of our Jet Skis also known as Personal Watercraft (PWC). In consideration of my participation in the foregoing, the undersigned acknowledge and agree to the following: Superior MK Rentals, LLC is here after known as “the Rental Boat Livery.”  

  • The Renter understands that a pre-authorized security deposit hold (not a charge) of $500 - $1000 will be placed on their credit card 48 hours before their booking starts to cover any incidental damage that may occur during the rental time block. This hold is released 48 hours after the booking is complete if no claims or fees are made. The security deposit amount for the Jet Ski Rental(s) booking will be outlined during the check-out process. 
  • Only the registered Renter may operate the Jet Ski Rental(s). I understand that all Jet Ski Rental(s) Operators must be 21 years or older and are required to show a valid ID upon arrival. Passengers can be all ages and ride at the operator's discretion. 
  • The Renter has no mental or physical impairment that will interfere with the safe operation of the Jet Ski Rental(s).  
  • The Renter is under the weight capacity limit of the Jet Ski Rental(s) when riding alone and/or with passengers. 
  • The Renter agrees to have knowledge of all boating laws and regulations during the use and operation of our rental equipment. Utah Boating Laws
  • We require that you watch The Rental Boat Safety Videos (14.5 min.) With these videos you will learn about safety precautions, general operation, and more to make your experience both safe and fun! 
  • We require that the Renter take a small Quiz after watching the videos. The Renter must take this quiz, pass it and then email the completion certificate to the Rental Boat LiveryAfter passing the quiz, the Renter will receive an email with a completion certificate, please forward this certificate to: superiormkrentals@gmail.com. This is required in order to rent and operate our Jet Ski Rental(s). 
  • Utah Boating Laws require that you watch The Rental Boat Safety Video (10 min.) We require that the Renter take a small quiz after watching the videosWith these videos you will learn about safety precautions, general operation, and more to make your experience both safe and fun! This is required to complete in order to rent and operate our Jet Ski Rental(s). 
  • If this is a Delivery: The Renter agrees to pay a delivery fee to the Rental Boat Livery for the delivery to the specified Lake. We charge a delivery fee per jet ski to Utah Lake ($50), Deer Creek ($80), and Jordanelle ($100)
  • The Renter is required to show up 30 minutes prior to rental time block to have time to go through the check in process before rental time block begins. 
  • The Renter of the Jet Ski Rental(s) cannot be under the influence of alcohol or drugs. Consumption of alcohol by the Jet Ski Rental(s) operator is strictly prohibited at all times during operation and during rental time block.  
  • The Renter will list all passengers that will be riding on the Jet Ski Rental(s). No more than the listed number of passengers are allowed on the Jet Ski Rental(s) during the rental time block. (The Renter will Indicate the number of passengers at the end of this Liability Waiver). (Please list Adults, and Adults and Minors)
  • The number of passengers listed per Jet Ski Rental(s) will be the number of PWC life jackets included with each rental. We provide U.S. Coast Guard approved PWC life jackets of all sizes. 
  • The Renter will ensure that each passenger has a U.S. Coast Guard approved life jacket that properly fits the size of the intended wearer, is in good and serviceable condition (including buoyancy, straps, and zippers). (Passengers being towed behind the PWC need to always wear a PWC approved life jacket.) 
  • The Renter will ensure that all underage (minor) passengers will have properly fitted life jackets worn when using the Jet Ski Rental(s)
  • The Renter understands that the U.S. Coast Guard recommends that the Jet Ski Rental(s) operator and all passengers must always wear a life jacket while underway on the Jet Ski Rental(s)
  • Included with your Jet Ski Rental(s) is a fire extinguisher, anchor bag with tie downs, peer tie down rope, manual, key fob with engine shut-off cord/ lanyard and flag. The Renter is responsible for the loss or damage of all these items, regardless of the reason that occurs during the rental time block.  
  • The Renter agrees that no grills of any kind are allowed on the Jet Ski Rental(s), i.e., gas or charcoal, etc.  
  • The Renter agrees that no pets are allowed on the Jet Ski Rental(s)
  • The Renter understands that no other motor or motorized watercraft is to be mounted or attached to the Jet Ski Rental(s)
  • The Renter will NOT TOW with the Jet Ski Rental(s) unless the PWC is designed and equipped for towing. If the Renter wishes to tow behind the Jet Ski Rental(s), it is the Renters responsibility for asking the Rental Boat Livery if their PWC is equipped to do so.
  • The Renter understands that when towing with the Jet Ski Rental(s) it is required that 3 people are present on the Jet Ski Rental(s): Operator, Flag Operator & Watcher, and the Tube/ Wakeboard rider. 
  • Before starting the engine of the Jet Ski Rental(s), the Renter will securely attach the engine shut-off cord/ lanyard to his/her wrist or life jacket and wear it at all times, keeping it free from the handlebars so that if I fall off of the PWC, the engine will stop. 
  • The Renter understands that in order to turn off the engine of the Jet Ski Rental(s), he/she needs to push the stop button. The Renter understands that the throttle controls the speed of the PWC. The Renter understands that he/she should apply the throttle lever on the handle to accelerate and release it to slow down. 
  • The Renter understands that stopping the engine on the Jet Ski Rental(s) will not stop the forward motion of the PWC, and that on most PWC’s, steering control is lost when the throttle is released or when the engine is turned off. 
  • The Renter needs to be aware that it is highly recommended to wear protective clothing such as a wetsuit or wetsuit bottom while operating the Jet Ski Rental(s) due to the risk of internal injuries if water is forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. 
  • The Renter agrees to never apply the Jet Ski Rental(s) throttle if any participants are in the water standing by or swimming anywhere near the PWC.  
  • The Renter understands that the jet drive intake has tremendous suction and will pull loose items, such as long hair, sand, stones, fishing line, loose clothing, or life jacket straps through the jet drive intake. The Renter will keep these objects away from the intake grate. 
  • The Renter agrees to never have the Jet Ski Rental(s) in water lower than 3 feet. 
  • The Renter agrees that the Jet Ski Rental(s) will be properly moored (anchored) when not in motion.  
  • When approaching the shore, the Renter agrees to properly anchor the Jet Ski Rental(s) away from the beach and be 3+ feet above the rocky bottom or vegetation that can be sucked into the jet drives. 
  • The Renter agrees to anchor the Jet Ski Rental(s) with the supplied Anchor Bag. Simply fill the anchor bag with heavy rocks, roll down rope closure and buckle to secure, then securely attach karabiner hook at the other end of anchor rope to the hook on the front of the Jet Ski Rental(s) then drop the bag in the water. Make sure the Jet Ski Rental(s) will not float into anything or into water lower than 3 feet while anchored. 
  • The Jet Ski Rental(s) will not be moved out of the water or trailered at any time other than by the Rental Boat Livery, unless the Renter rented a Tow Away Rental.  
  • If the Renter rented a Tow Away Rental, the Renter needs to provide the Rental Boat Livery with proof of Auto Insurance that your vehicle is covered for towing trailers, jet skis etc. 
  • The Renter is required to fill out our Float Plan, and list where your Tow Away destination will be located.  
  • The Jet Ski Rental(s) are only to be operated during daylight hours. Sunrise to Sunset Only. No pre-sunrise or after dusk operation is permitted. The Renter understands that the Jet Ski Rental(s) does not come equipped with navigation lights to ride in the dark. 
  • While operating the Jet Ski Rental(s), the Renter agrees to maintain a proper lookout and scan constantly with sight and hearing, being alert for conditions that limit his/her visibility or block his/her vision of others. 
  • The Renter agrees to always operate the Jet Ski Rental(s) at safe speeds, taking into consideration the conditions around them, including other boats, weather, and visibility. 
  • The Renter will refrain from weaving through vessels that are underway, stopped, moored or at anchor while exceeding a reasonable speed. The Renter will not operate the Jet Ski Rental(s) at an excessive speed in a slow speed area or in a swimming area with swimmers present. 
  • The Renter will avoid making sharp turns and other maneuvers that make it difficult for others to avoid colliding with me or to understand where I am going. 
  • The Renter understands that the Jet Ski Rental(s) are not to be involved in any race contest, competition, or other competitive activity.  
  • The Renter will not jump wakes or waves, nor will he/she steer toward an object or person and then turn sharply in close proximity to that object or person in order to spray or attempt to spray them with the wash or jet spray of the PWC, as this is unsafe operation. 
  • The Renter understands that if he/she capsizes in open water, he/she should swim to the rear of the Jet Ski Rental and turn it upright. The Renter is aware that most PWC’s have a decal at the bottom or rear of the vessel that indicates the direction to roll the PWC to return it to an upright position. 
  • The Renter is responsible for all the damage to the Jet Ski Rental(s) during their rental time block, all property of others whether he/she is negligent or the cause of the damage.  
  • The Renter understands that he/she is responsible for all passengers that ride the Jet Ski Rental(s).   
  • That Renter understands that he/she is responsible for any and all injuries that occur to himself, herself, passengers or third parties during the Jet Ski Rental(s) rental time block whether or not the Renter was the cause of the injury.  
  • The Renter agrees to hold harmless the Rental Boat Livery from any claim by a passenger or third party for any damage that arises from the use of the Jet Ski Rental(s) during the rental time block including all reasonable attorney fees and costs.  
  • The Renter agrees that when the Jet Ski Rental(s) is returned the Rental Boat Livery will refuel the same amount of gas up to the amount as shown on the gas gauge as when the rental time block began. The prices of gas will vary and will be charged to the Renter when the Jet Ski Rental(s) are returned. Currently the price is $6 per gallon which includes the cost of High-Octane gas fuel and the fueling service. (This will be taken out of the deposit held). 
  • If the Jet Ski Rental(s) is a Tow Away, The Renter has the option to fill the Jet Ski Rental(s) with the Highest-Octane Gas fuel, but you will need to bring the Rental Boat Livery the receipt that shows this proof. If not, we will charge you an extra $50 service charge. (This will be taken out of the deposit held). 
  • The Renter understands that there is a late fee for the late return of the Jet Ski Rental(s). 1-2 hours late will be charged a $100 late fee; 2 hours or later will be charged a full day rental price. Late fees must be paid in full before the Renter leaves the return premises. (This will be taken out of the deposit held). 
  • If Renter experiences any trouble, he/she will call or text the owners at (801) 427-3730 or (801) 427-1717.  

       June 13, 2024

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WAIVER AND RELEASE OF LIABILITY

In consideration of my participation in the foregoing, the undersigned (Renter) acknowledges and agrees to the following:

WAIVER AND RELEASE OF LIABILITY AGREEMENT PLEASE READ THIS FORM CAREFULLY, AS IT IS AN IMPORTANT LEGAL DOCUMENT, AND MAY HAVE A SUBSTANTIAL IMPACT ON YOUR LEGAL RIGHTS. IF YOU SIGN THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO MAKE CLAIMS AGAINST SUPERIOR MK RENTALS, LLC (THE RENTAL BOAT LIVERY), OR ITS EMPLOYEES, AGENTS, INSURERS OR SUBSIDIARIES, FOR CERTAIN DAMAGES RESULTING FROM YOUR USE OF THE RENTAL JET SKI EQUIPMENT.

I. DISCLAIMER This Waiver and Liability Release is applicable to all renters, operators, passengers, and users of equipment provided by Superior MK Rentals, LLC (For purposes of this Waiver and Liability Release form, the term “the Rental Boat Livery” includes all owners, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Superior MK Rentals, LLC). The undersigned (Renter) agrees that he/she is also signing this Waiver and Liability Release on behalf of undersigned’s minor children. The undersigned (Renter) agrees that he/she will disclose to the Rental Boat Livery all potential operators, passengers, and users of said rental equipment. The undersigned (Renter) further agrees that in the event that he/she fails to notify the Rental Boat Livery of all potential operators, passengers, and users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence of the Rental Boat Livery.

II. EXPRESS ASSUMPTION OF THE RISK Your use of the Jet Ski Rental(s) and related equipment may subject you to substantial and inherent risks of serious injury or death. Injury or death may be caused by a malfunction of the Jet Ski Rental(s), its motor, or any related equipment; by sudden or unexpected change in direction, deceleration, acceleration, overturning of the Jet Ski Rental(s); by a collision with another watercraft, objects (such as rocks or tree limbs), the water itself, or persons in the water; by drowning, hypothermia, contaminates in the water, sudden change in weather conditions, such as thunderstorms, winds or other acts of nature or other similar injury related to exposure to or submersion in the water; and other related or similar instances. The undersigned (Renter), on behalf of himself or herself, is signing in capacity as parent or guardian of a minor child/children as indicated below, on behalf of the minor child/children, hereby acknowledges the forgoing and other inherent risks associated with being a passenger on the (Renter). The undersigned (Renter) hereby agrees that he/she is renting, operating or using the equipment provided by the Rental Boat Livery at his/her own risk. The undersigned (Renter) agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, death, damage, or loss that might result, EVEN IN THE EVENT OF NEGLIGENCE BY THE RENTAL BOAT LIVERY.

III. WAIVER AND RELEASE OF LIABILITY By the execution of this Release, the undersigned (Renter) agrees that the Rental Boat Livery shall not be liable for any damages arising from personal injuries and/or property loss sustained by the result of any and all activities related to the rental, operation, or use of the equipment provided by the Rental Boat Livery, including but not limited to drowning and all other related injuries, collisions with other water craft or stationary objects, physical contact/collisions with the rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned (Renter) assumes full responsibility for any such injuries or damages which may occur, and further agrees that the Rental Boat Livery shall not be responsible for any such injuries, damages, loss, or theft, EVEN IN THE EVENT OF NEGLIGENCE BY THE RENTAL BOAT LIVERY RENTAL, whether such negligence is present at the signing of this Release or takes place in the future. For the avoidance of doubt, this Waiver and Release does not apply to reckless or international conduct by the Rental Boat Livery. In addition, the undersigned agrees the Rental Boat Livery shall not be liable for any loss or theft of personal property. By the Execution of this Release, the undersigned (Renter) agrees that the Rental Boat Livery shall not be liable for damages arising from personal injuries and/or property loss sustained by the undersigned or any minor children under the undersigned’s custody, care and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by the Rental Boat Livery, including but not limited to drowning or other related injuries, collisions with other water craft or stationary objects, physical contact/collisions with the rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned (Renter) assumes full responsibility for any such injuries or damages which may occur, and further agrees that such negligence is present at the signing of this Release or takes place in the future. For the avoidance of doubt, this Waiver and Release does not apply to reckless or intentional conduct by the Rental Boat Livery. In addition, the undersigned agrees the Rental Boat Livery shall not be liable for any loss or theft of personal property.

IV. LIABILITY TO THIRD PARTIES: The undersigned (Renter) hereby agrees that he/she will indemnify and hold harmless the Rental Boat Livery for all personal injuries, property damages or other damages to any and all third parties, including but not limited to, operators, passengers or other watercraft and minor children under the undersigns (Renter’s) custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by the Rental Boat Livery, even if such damages arise out of the negligence of the Rental Boat Livery.

V. ACKNOWLEDGEMENT OR WAIVER AND RELEASE The undersigned (Renter) states that he/she has had sufficient time to review the Waiver and Release and ask any questions associated with said Waiver and Release. The undersigned (Renter) further states that he/she has carefully read the foregoing Waiver and Release, understands its contents, and has signed this Release as his/her own free act. By executing this document, the undersigned (Renter) warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring legal action to assert a claim against the Rental Boat Livery for the Rental Boat Livery’s negligence.

ACKOWLEDGEMENT AND RELEASE

VI. CHOICE OF LAW: The undersigned (Renter) agrees that this Waiver and Release shall be governed by the internal laws of the State of Utah, without regard to Utah’s conflict of law policies, and any suit arising out of or concerning this Waiver and Release must be in a state court located in Utah County, Utah.

VII. SEVERABILITY The undersigned (Renter) hereby agrees that in the event any term or part of any term of this Agreement is determined to be void or unenforceable, such term or part of a terms shall be considered separate and severable from this Agreement and the terms shall continue in full force and effect.

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK 

In consideration of the services of Superior MK 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 "SMKR"), I hereby agree to release, indemnify, and discharge SMKR, 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, 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; 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 SMKR 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 SMKRs equipment or facilities, including any such claims which allege negligent acts or omissions of SMKR.

4. Should SMKR 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 SMKR, I agree to do so solely in the state of Utah, 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 SMKR 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 SMKR. 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. 

• **READ THIS RELEASE BEFORE SIGNING** By signing this form, the undersigned (Renter) binds his or her heirs, successors, and assigns, or if on behalf of a minor child, binds the minor child’s heirs, successors, and assigns.


I Agree
          
       June 13, 2024

First Renters Name

First Name*

Last Name*

Phone*
First Renters Date of Birth*
First Renters Signature*
Second Renters Name

First Name*

Last Name*

Phone*
Second Renters Date of Birth*
Third Renters Name

First Name*

Last Name*

Phone*
Third Renters Date of Birth*
Fourth Renters Name

First Name*

Last Name*

Phone*
Fourth Renters Date of Birth*
Fifth Renters Name

First Name*

Last Name*

Phone*
Fifth Renters Date of Birth*
Sixth Renters Name

First Name*

Last Name*

Phone*
Sixth Renters Date of Birth*
Seventh Renters Name

First Name*

Last Name*

Phone*
Seventh Renters Date of Birth*
Eighth Renters Name

First Name*

Last Name*

Phone*
Eighth Renters Date of Birth*
Ninth Renters Name

First Name*

Last Name*

Phone*
Ninth Renters Date of Birth*
Tenth Renters Name

First Name*

Last Name*

Phone*
Tenth Renters Date of Birth*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Renters 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 Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Are you renting a Tow Away?
Are you renting a Tow Away?*
No
Yes
If Yes, you must provide your Insurance Carrier's Company Name and Policy number that covers your vehicle that will be towing our trailer and jet ski(s), etc.
Insurance

Insurance Carrier*

Insurance Policy Number*
Please provide your Insurance Carrier's phone number where you hold your Auto Policy.

Insurance Company's Phone Number *
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION

(Completion required for participants below 18 years of age) 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. In consideration of the following minor(s) being permitted by SMKR to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SMKR 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 or Guardian's Name

First Name*

Last Name*

Relationship*

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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