1. AGREEMENT AND EQUIPMENT This Rental Agreement, Release of Liability, Assumption of Risk, and Indemnification Agreement (“Agreement”) applies to all personal watercraft (“PWC” or “Jet Ski”) and related equipment rented or provided by Tropical Bay Rentals LLC (“Company”), including life jackets/personal flotation devices, safety equipment, keys, engine cutoff switch lanyards, and accessories. I acknowledge that operating or riding a PWC is a potentially dangerous recreational activity involving risks of serious bodily injury, permanent disability, paralysis, drowning, and death. 2. ASSUMPTION OF RISK I knowingly and voluntarily assume all risks associated with operating, riding, boarding, disembarking, transporting, launching, docking, or otherwise using a PWC, whether known or unknown, foreseeable or unforeseeable. These risks include, but are not limited to: collisions with vessels, docks, pilings, bridges, seawalls, swimmers, submerged or floating objects, wildlife, and other persons; falls and ejection from the PWC; drowning; capsizing; high speeds and sudden acceleration or deceleration; loss of control; wake and wave impacts; changing tides, currents and water depths; shallow water; weather, wind, rain, lightning, heat and sun exposure; mechanical or equipment failure; operator error; actions of other boaters or third parties; and injuries resulting from improper operation or failure to follow safety instructions. I voluntarily choose to participate despite these risks and accept full responsibility for my participation and use of the PWC. 3. RELEASE AND WAIVER OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, I RELEASE, WAIVE, AND DISCHARGE TROPICAL BAY RENTALS LLC, ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND ASSIGNS FROM CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM OR RELATED TO MY RENTAL, OPERATION, RIDING, OR USE OF THE PWC OR RELATED EQUIPMENT, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF TROPICAL BAY RENTALS LLC OR ITS RELEASED PARTIES, TO THE EXTENT SUCH RELEASE IS PERMITTED BY FLORIDA LAW. 4. INDEMNIFICATION To the fullest extent permitted by Florida law, I agree to indemnify, defend, and hold harmless Tropical Bay Rentals LLC and its owners, employees, agents, representatives, contractors, and assigns from claims, damages, liabilities, losses, costs, and reasonable attorney fees resulting from my operation or use of the PWC, injury or property damage caused by me, violation of law or regulation by me, unauthorized operation of the PWC, or violation of this Agreement. 5. OPERATOR ELIGIBILITY AND BOATING SAFETY I understand that Tropical Bay Rentals LLC will not rent or lease a PWC to a renter who does not satisfy applicable Florida livery requirements. I certify that every person who will operate the PWC has been disclosed to Tropical Bay Rentals LLC and will satisfy all applicable legal requirements before operating the PWC. I understand that Florida boating-safety education requirements may apply based upon the operator's date of birth and other circumstances. When required, an operator must possess the appropriate Florida Boating Safety Education Identification Card, FWC-approved temporary certificate, or other legally accepted proof together with required identification. I agree that no person may operate the PWC unless Tropical Bay Rentals LLC has authorized that person to do so.
6. REQUIRED SAFETY INSTRUCTION I understand that signing this Agreement does not replace any safety instruction required by Florida law or FWC rules. Before operating the PWC, I agree to complete all required pre-rental and pre-ride safety instruction provided by Tropical Bay Rentals LLC and to sign any required FWC or Company safety instruction acknowledgment or attestation. I agree to follow all instructions provided by Tropical Bay Rentals LLC regarding safe handling and operation of the PWC. 7. PERSONAL FLOTATION DEVICE I understand that each person riding on or being towed behind a PWC must wear an appropriate U.S. Coast Guard-approved personal flotation device as required by Florida law. I agree that all operators and passengers will properly wear the required PFD while using the PWC. 8. ENGINE CUTOFF SWITCH / SAFETY LANYARD When the PWC is equipped with a manufacturer-installed lanyard-type engine cutoff switch, the operator must properly attach the lanyard to their person, clothing, or personal flotation device as appropriate for the vessel whenever operating it. I will not disable, bypass, remove, or interfere with any engine cutoff switch or other safety device. 9. SAFE AND RESPONSIBLE OPERATION I agree to operate the PWC reasonably, prudently, and safely at all times. I will not operate recklessly or intentionally endanger any person or property. I will not weave through congested vessel traffic, jump another vessel's wake unreasonably or unnecessarily close to that vessel, operate at an unsafe speed for conditions, intentionally spray another vessel or person, or make dangerous last-second maneuvers. I will maintain a safe distance from other vessels, swimmers, docks, shorelines, structures, wildlife, and other hazards and will comply with applicable idle-speed, slow-speed, no-wake, restricted, and exclusion zones. 10. OPERATING HOURS I understand that Florida law prohibits operation of a PWC from one-half hour after sunset until one-half hour before sunrise. I agree not to operate the PWC during prohibited hours. 11. ALCOHOL AND DRUGS I will not operate or permit operation of the PWC while impaired by alcohol, cannabis, illegal drugs, controlled substances, or any medication or substance that impairs my ability to operate safely. I understand that boating under the influence is prohibited by Florida law. 12. PASSENGERS AND CAPACITY I will not exceed the manufacturer's maximum passenger, weight, or load capacity for the PWC. I will ensure passengers are properly seated in manufacturer-designated seating positions and follow all safety instructions. I will not permit an unauthorized person to operate the PWC. 13. OPERATING AREA I agree to operate the PWC only in areas authorized by Tropical Bay Rentals LLC and where operation is legally permitted. I am responsible for observing navigation markers, regulatory signs, idle-speed zones, slow-speed zones, no-wake zones, restricted areas, local regulations, water depth, tides, and other conditions. I will not intentionally beach, ground, or operate the PWC in water that is unsafe or too shallow for operation. 14. WEATHER AND WATER CONDITIONS I accept responsibility for monitoring weather and water conditions during the rental. I will immediately stop operating and safely secure or return the PWC when conditions become unsafe, including dangerous thunderstorms, lightning, high winds, severe weather, or other hazardous conditions, or whenever instructed to do so by Tropical Bay Rentals LLC or law enforcement. 15. ACCIDENTS, INJURIES, AND BREAKDOWNS I will immediately stop operating the PWC following an accident, collision, significant impact, injury, mechanical problem, warning indication, or suspected damage when continued operation could be unsafe. I will contact Tropical Bay Rentals LLC as soon as reasonably possible and will follow applicable legal reporting requirements. I will not attempt unauthorized repairs or modifications. 16. EQUIPMENT CONDITION By accepting the PWC, I acknowledge that I have had an opportunity to inspect it and accept it in its delivered condition, subject to any condition or damage documented before departure. Tropical Bay Rentals LLC may photograph or record the PWC before and after the rental to document its condition. I will return the PWC and all supplied equipment in the condition received, ordinary wear excepted. 17. DAMAGE, LOSS, AND FINANCIAL RESPONSIBILITY I accept financial responsibility, to the extent permitted by law and this Agreement, for physical damage, loss, theft, missing equipment, unauthorized use, negligent or reckless operation, or other loss attributable to me or persons for whom I am responsible during the rental period. I authorize Tropical Bay Rentals LLC to charge the payment method associated with the rental for amounts I legally owe under this Agreement, subject to applicable law and payment-card rules. Charges may include documented repair or replacement costs for the PWC and related equipment and other recoverable losses permitted by law. 18. FUEL AND FOREIGN OBJECT DAMAGE I understand that PWCs can be damaged by operating in shallow water or ingesting sand, rocks, vegetation, ropes, debris, or other foreign objects. I agree not to intentionally operate the PWC in conditions that are obviously unsafe or likely to cause such damage and accept responsibility for damage attributable to my improper operation. 19. NO UNAUTHORIZED OPERATOR I will not allow any person who has not been disclosed to and authorized by Tropical Bay Rentals LLC, completed required documentation, and received required safety instruction to operate the PWC. I accept responsibility for unauthorized operation that I knowingly permit. 20. COMPLIANCE WITH LAW I agree to comply with applicable federal, Florida, county, municipal, and local boating laws, navigation rules, regulations, posted restrictions, and lawful directions from law enforcement. I understand that I am responsible for citations, fines, or penalties resulting from my own unlawful operation. 21. EMERGENCY AUTHORIZATION In the event of an emergency, I authorize Tropical Bay Rentals LLC to contact emergency services when reasonably necessary. I understand that I am responsible for my own medical expenses and other costs to the extent provided by applicable law. 22. CANCELLATION AND WEATHER POLICY Cancellations made more than 48 hours before the scheduled rental start time will receive a 50% cash refund and 50% Tropical Bay Rentals store credit. Cancellations made within 48 hours of the scheduled rental start time are not eligible for a cash refund; the rental amount will instead be issued as Tropical Bay Rentals store credit. Store credit has no cash value and expires one year from the cancellation date. If Tropical Bay Rentals LLC cancels or terminates a rental before it begins because weather or water conditions make operation unsafe, the Company will determine the applicable refund, rescheduling, or credit according to the rental circumstances and applicable law. 23. GOVERNING LAW AND SEVERABILITY This Agreement shall be governed by Florida law. To the extent legally permitted, venue for disputes shall lie in the appropriate court having jurisdiction in Sarasota County, Florida. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in effect. 24. ACKNOWLEDGMENT I HAVE READ THIS AGREEMENT CAREFULLY. I UNDERSTAND THAT IT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION OBLIGATIONS, AND OTHER LEGALLY SIGNIFICANT TERMS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I MAY BE GIVING UP IMPORTANT LEGAL RIGHTS. I SIGN THIS AGREEMENT KNOWINGLY AND VOLUNTARILY AND CERTIFY THAT THE INFORMATION I HAVE PROVIDED IS TRUE AND COMPLETE. | 