PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Sureflow Rentals LLC d/b/a Sea Jay Powersports, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "SJP"), I hereby agree to release, indemnify, and discharge SJP, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that my participation in Personal Watercraft/Jet Ski 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: lips and falls; passengers being jolted, jarred, bounced, thrown about, or otherwise shaken during rides; collisions with fixed or movable objects, vehicles, or other watercraft; boat capsizing and entrapment; accidental drowning; slippery conditions on watercraft when wet, including accidents occurring while boarding or disembarking; forces of nature, including extreme weather conditions, lightning, rapid weather changes, exposure to sun, strong winds, cold temperatures, large waves, eddies, whirlpools, tidal conditions, surf, and currents; exposure to temperature and weather extremes that may result in cold-water shock, hypothermia, hyperthermia (heat-related illnesses), heat exhaustion, sunburn, or dehydration; exposure to potentially dangerous wild animals, insect bites, hazardous plant life, and aggressive and/or poisonous marine life; serious injuries, including sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries, including injuries to the head, neck, and back, injuries to internal organs, and the loss of fingers or other appendages; equipment failure and/or operator error; the negligence of 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; becoming lost or separated from guides or companions; exposure to transmissible pathogens or diseases; transportation-related accidents while traveling to and from activity locations; and accidents or illnesses occurring in remote locations without access to medical facilities, emergency treatment, or other emergency services. 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. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SJP 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 of SJP's equipment or facilities, including any such claims which allege negligent acts or omissions of SJP. Should SJP 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. 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. In the event that I file a lawsuit against SJP, I agree to do so solely in the state of South Carolina, 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 SJP 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 SJP. 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.
Print Name DOB __ Phone Number _ Address City State Zip Email Signature of Participant Date 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 SJP to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SJP 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: Print Name: Date:_______________
PROTECTIVE WETSUIT REFUSAL AGREEMENT
I, for myself, and/or on behalf of my child or legal ward, have been fully warned and advised by Sureflow Rentals LLC d/b/a Sea Jay Powersports that we should wear properly fitted wetsuit bottoms, or clothing that provides equivalent protection, while riding or being around Wave Runners and Jet Skis to protect against injuries caused by water forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. Injuries include water forced into the rectum or vagina, causing severe internal injuries or death. I understand that by not wearing wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I may be subject to injury from this activity and that no form of preplanning can remove all danger. Against the advice of SJP, we are declining this critical safety precaution. I/we, the undersigned, have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks. _______________________________________________________________________________ Signature of Rider (spouse must sign for themselves) Date _______________________________________________________________________________ Signature of parent, guardian and or spouse Name of additional minor(s) rider(s) Date June 23, 2026Sea Jay Powersports – Watercraft Rules I Agree **Violation of these rules may result in immediate termination of the rental WITHOUT any refund** I Agree Customers may not participate in ANY Water Sports Activities while under the influence of alcohol or any drug, whether legal or illegal. I Agree Customer is responsible for the safety of all parties utilizing the Watercraft and Sea Jay Watersports is not liable for any accidents that may occur, whether such accidents are the fault of Customer or any other individual.
I Agree All Customers must adhere to all local laws and regulations and must promptly obey any instructions or other guidance of any employees of Sea Jay Powersports. I Agree Customers must always operate Watercraft in a safe and controlled manner. I Agree Customers must return the Watercraft immediately in case of imminent weather or other dangerous conditions. I Agree Only Customer or Sea Jay Powersports employees may operate the Watercraft during the rental period. I Agree Customers must maintain at least thirty (30) feet between themselves and other watercraft, swimmers, and structures while Watercraft is in motion. I Agree Customers MUST NOT use cell phones or other devices while the Watercraft is in motion.
I Agree Only Customers over the age of eighteen (18) AND with a valid driver’s license may operate Watercraft. I Agree No person under the age of twenty-five (25) may rent the Watercraft under any circumstances. I Agree All persons must always wear lifejackets while using the Watercraft, even when the Watercraft is not in motion. I Agree Customer may not operate the Watercraft in a reckless fashion, including but not limited to speeding, stunts, bumping, cutting in front of other watercraft, creating excessive wake in “No Wake Zones” or in a manner that is unsafe or unruly, or any other reckless behavior. I Agree Customer may not operate the Watercraft in a fashion that is too fast for conditions, visibility, or personal experience. Customer is aware of and must be alert for the possibility of hidden dangers when operating the Watercraft. I Agree If a Sea Jay Powersports employee determines that any Customer or other person utilizing on the Watercraft has violated these Rules, Customer must immediately return the Watercraft and all Sea Jay Powersports property to Sea Jay Powersports and will forfeit the rest of Customer’s rental session. I Agree By signing below, Customer agrees to pay for all damages which occur from the time the Watercraft leaves the care of Sea Jay Powersports until the Watercraft is returned, including but not limited to damages to the Watercraft, Sea Jay Powersports property, all equipment, other persons, and any other damage which may occur during this period. Customer is responsible for a minimum $750 damage fee if any damage occurs to the Watercraft or any other property of Sea Jay Powersports. Customer is responsible for the full cost incurred to repair such damage, even if such costs exceed the $750 minimum damage fee. Any damages must be paid for in full immediately unless other arrangements are made in writing with Sea Jay Powersports’ management. June 23, 2026I Agree BY SIGNING THIS DOCUMENT CUSTOMER AGREES THAT THEY WILL NOT DISPUTE ANY CREDIT CARD CHARGES. Customer Information I Agree I have carefully read this agreement and fully understand its contents. Furthermore, I acknowledge that I have carefully read, fully understand, and agree to follow and abide by the Watercraft Rules of Sea Jay Powersports which are contained in this document. I am aware that any violation of these Rules may result in the termination of my rental WITHOUT a refund and that I may be responsible for monetary damages or other consequences if I violate these rules. I further warrant that I am not under the influence of, or in any way impaired by, any drug and/or alcohol and that I am at least twenty-five years old. Prior to signing this Agreement, I have had an opportunity to ask any questions. I am aware that this is a release of liability and a contract between myself and Sea Jay Powersports, LLC, and I have signed it of my own free will.Witness my signature, as of June 23, 2026 Sea Jay Powersports, LLC
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of Sea Jay Powersports 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 "SJP"), I hereby agree to release, indemnify, and discharge SJP, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: I Agree 1. I acknowledge that my participation in Jet Ski, WaveRunner and 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. Furthermore, SJP 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. I Agree 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.I Agree 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SJP 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 SJPs equipment or facilities, including any such claims which allege negligent acts or omissions of SJP.I Agree 4. Should SJP 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.I Agree 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.I Agree 6. In the event that I file a lawsuit against SJP, I agree to do so solely in the state of South Carolina, 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.I Agree 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 SJP 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 SJP. 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.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)andDOB(s)):
being permitted by SJP to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SJP 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).
PROTECTIVE WETSUIT REFUSAL AGREEMENT I Agree I, for myself, and/or on behalf of my child or legal ward, have been fully warned and advised by Sea Jay Powersports LLC that we should wear properly fitted wetsuit bottoms, or clothing that provides equivalent protection, while riding or being around Wave Runners and Jet Skis in order to protect against injuries caused by water forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. Injuries include water forced into the rectum or vagina causing severe internal injuries or death. I understand that by not wearing wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I may be subject to injury from this activity and that no form of preplanning can remove all danger Against the advice of Sea Jay Powersports LLC, we are declining this critical safety precaution.I Agree I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.
Today's Date: June 23, 2026 |