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WATERSPORTS AND BOATING WARNING, ASSUMPTION OF DANGERS AND RISKS, RELEASE OF LIABILITY, INDEMNIFICATION & RENTAL AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

 

I. DEFINITIONS.

Participant” means each person who is participating in the Activity as defined in this Section I. The “Undersigned” means only the Participant when the Participant is age 18 or older OR both the Participant and the Participant’s Parent or Legal Guardian individually where the Participant is under the age of 18 AND includes any signatory to the Agreement. "Parent or Legal Guardian” shall mean the legal parent, legal guardian, or person over 18 years of age duly authorized by the Parent or Legal Guardian to serve as their agent and enter into the Agreement on behalf of a minor. “Released Parties” means AF Wake, Inc.  and any of its respective successors in interest, affiliated organizations and companies, subsidiary companies, leased or owned personal watercraft and/or equipment and/or vessels (including any engines, sails, tackle, apparel, appurtenances, etc. as applicable), equipment, or any other real or personal property owned, leased, or used by the aforelisted parties, and any of their insurance carriers, agents, employees, contractors, subcontractors, manufacturers, vendors, representatives, owners, assignees, officers, directors, members, and shareholders and any owners of any personal watercraft and/or or equipment and/or vessel (including any engines, sails, tackle, apparel, appurtenances, etc. as applicable), or any other real or personal property leased or used by the aforelisted parties. The “Activity” means any activity relating to the rental, operation, boarding, disembarking, or use of facilities, personal watercraft, vessels, and/or equipment owned or leased by Released Parties and/or any observation, participation, coaching, or attendance of activities related to personal watercraft, vessels, or equipment owned or leased by Released Parties, including but not limited to boating, fishing, operation of a vessel, e-foiling, tubing, watersports, watersports lessons, and/or the use of Released Parties’ facilities for any purpose (including but not limited to dock, storage, and boating facilities). “Dangers and Risks” means all known, unknown, seen, and/or unforeseen risks and dangers associated with the Activity that fall within the parameters set forth by the terms of Section II of this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement, regardless of whether the exact danger or risk is listed in the text of Section II. The “Agreement” means this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement and any associated Personal Watercraft Rental Agreement.

II. DANGERS AND RISKS OF THE ACTIVITY.

The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF MENTAL INJURY AND/OR PHYSICAL INJURY AND/OR DEATH. The Undersigned understand and agree that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The Undersigned understand and agree the Dangers and Risks of the Activity include, but are not limited to: changing water flow, tides, currents, wake action, wakes, slips, falls, allisions or collisions with persons, personal watercraft, vessels, equipment, and other manmade and natural objects, weather conditions, capsizing, sinking, exposure to elements, drowning, marine and other wildlife, equipment failure and/or defects, ingestion of water, property loss, property damage, operator error, instructor error, crew error, navigational error, injury, death, loss of limb, mental injuries including but not limited to mental distress from exposure to any of the above, the acts, omissions, representations, carelessness, and negligence of the released parties or others, and negligence or gross negligence of others. The Undersigned agree and understand that the Activity may include exercise and may be physically and/or emotionally strenuous and that there is a risk participation in the Activity may aggravate preexisting and/or latent conditions. The Undersigned agree and understand that the Participant’s risk for incurring and/or aggravating any physical and/or mental injury during or as a result of the Activity may be heightened by any form of legal or illegal intoxication and/or by certain past and/or present medical conditions. THE UNDERSIGNED AGREE AND UNDERSTAND THAT THE DESCRIPTION OF POTENTIAL RISKS OR DANGERS LISTED ABOVE IS NOT COMPLETE AND THAT THE DANGERS AND RISKS OF PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER DANGERS OR RISKS.

III. RELEASE, INDEMNIFICATION, AND ASSUMPTION OF DANGERS AND RISKS.

In consideration of the Undersigned and/or minor Undersigned being permitted to participate in the Activity, the Undersigned intend and agree for the Undersigned and minor Undersigned to be legally bound by the terms of the Agreement and intend to waive legal rights as stated in the Agreement and specifically as follows for the Undersigned and minor Undersigned, and for each of the Undersigned’s and minor Undersigned’s: family, guardians, heirs, executors, assigns, administrators, legal representatives and any other persons on behalf of the Undersigned.

(a) RELEASE AND COVENANT NOT TO SUE.

THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASES, HOLDS HARMLESS, FOREVER DISCHARGES, AND AGREES NOT TO SUE OR BRING ANY OTHER LEGAL ACTION, DEMAND, CLAIM, OR LIABILITY CLAIM AGAINST THE RELEASED PARTIES ON BEHALF OF THE UNDERSIGNED, THE UNDERSIGNED’S FAMILY, GUARDIANS, ESTATE, HEIRS, SUCCESSORS, LEGAL REPRESENTATIVES, ADMINISTRATORS, EXECUTORS, ASSIGNS, AND ANY OTHER PERSIONS WITH RESPECT TO ANY AND ALL CLAIMS, LAWSUITS, DEMANDS, LIABILITY, COSTS (INCLUDING ATTORNEYS’ FEES), AND CAUSES OF ACTION OF ANY NATURE WHETHER CURRENTLY KNOWN OR UNKNOWN, WHICH THE UNDERSIGNED, OR ANY OF THEM, HAVE OR WHICH COULD BE ASSERTED ON BEHALF OF THE UNDERSIGNED IN CONNECTION WITH THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE (EXCLUDING GROSS NEGLIGENCE), BREACH OF WARRANTY, BREACH OF CONTRACT, ANY MENTAL OR PHYSICAL OR OTHER INJURY, DISABILITY, DEATH, CLAIM, OR DAMAGE TO PERSON OR PROPERTY SUSTAINED BY THE UNDERSIGNED AND/OR ANY MINOR CHILDREN FOR WHOM THE UNDERSIGNED IS A PARENT OR LEGAL GUARDIAN, OR OTHERWISE RESPONSIBLE, WHETHER CAUSED BY THE NEGLIGENCE, ACT, OR OMISSION OF RELEASED PARTIES (EXCLUDING GROSS NEGLIGENCE) OR SUSTAINED AS A RESULT OF A HIDDEN, LATENT OR OBVIOUS DEFECT ON PERSONAL WATERCRAFT, VESSELS, OR ANY OF THE EQUIPMENT USED OR OWNED BY RELEASED PARTIES, OR SUSTAINED AS A RESULT OF ANY FAILURE OF RELEASED PARTIES TO INSTRUCT OR PROPERLY INSTRUCT, DIRECT, SUPERVISE, OR TRAIN THE UNDERSIGNED OR CAUSED BY OTHERS (EXCLUDING GROSS NEGLIGENCE). THE UNDERSIGNED AGREE AND UNDERSTAND THAT ANY SERVICE OR SERVICES PROVIDED BY RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO WHILE RELEASED PARTIES ARE PARTICIPATING IN DIRECTING THE NAVIGATION OF A PERSONAL WATERCRAFT OR VESSEL FROM ON BOARD SUCH PERSONAL WATERCRAFT OR VESSEL OR FROM ELSEWHERE, ARE ACCEPTED BY THE UNDERSIGNED ON THE UNDERSTANDING THAT THE UNDERSIGNED WILL NOT ASSERT ANY LIABILITY AGAINST RELEASED PARTIES FOR ANY TYPE OF MENTAL INJURY, BODILY INJURY, DEATH, OR ANY OTHER DAMAGE OR LOSS SUSTAINED OR CAUSED EVEN THROUGH THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERS (EXCLUDING GROSS NEGLIGENCE).

(b) INDEMNIFICATION.

THE UNDERSIGNED HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITY, COST, EXPENSE OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER AND FROM ANY SUITS, CLAIMS OR DEMANDS, INCLUDING LEGAL FEES AND EXPENSES WHETHER OR NOT IN LITIGATION, ARISING OUT OF, OR RELATED TO, PARTICIPANT’S PARTICIPATION IN THE ACTIVITY. THE UNDERSIGNED HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASED PARTIES FOR ALL PERSONAL INJURIES, PROPERTY DAMAGES, OR ANY OTHER DAMAGES TO ANY AND ALL THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OPERATORS AND PASSENGERS OF OTHER PERSONAL WATERCRAFT AND/OR VESSELS AND 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 RELEASED PARTIES, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF RELEASED PARTIES (EXCLUDING GROSS NEGLIGENCE). THE UNDERSIGNED UNDERSTAND AND AGREE THAT SUCH OBLIGATION ON THE PART OF THE UNDERSIGNED SHALL SURVIVE THE PERIOD OF THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITY.

(c) ASSUMPTION OF DANGERS AND RISKS.

THE UNDERSIGNED AGREE AND UNDERSTAND THE DANGERS AND RISKS ASSOCIATED WITH THE ACTIVITY AND VOLUNTARILY CHOSE FOR PARTICIPANT TO PARTICIPATE IN THE ACTIVITY AND EXPRESSLY ASSUME ALL DANGERS AND RISKS OF THE ACTIVITY. THE UNDERSIGNED UNDERSTAND AND AGREE THAT THE UNDERSIGNED IS NOT BOUND OR REQUIRED TO PARTICIPATE IN ANY ACTIVITY PRESENTED TO THE UNDERSIGNED AND AGREE THAT THE UNDERSIGNED WILLINGLY AND VOLUNTARILY DECIDED TO PARTICIPATE IN THE ACTIVITY INDEPENDENTLY OF ANY DIRECTION OR INSTRUCTION PROVIDED BY THE RELEASED PARTIES. THE UNDERSIGNED KNOWINGLY AND VOLUNTARILY ASSUME ALL DANGERS AND RISKS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH THE ACTIVITY, EVEN IF ARISING FROM OR RELATED TO ANY NEGLIGENCE, INSTRUCTION, DIRECTION, ACT OR OMISSION (EXCLUDING GROSS NEGLIGENCE) OF RELEASED PARTIES, AND THE UNDERSIGNED ASSUME FULL RESPONSIBILITY FOR THE PARTICIPATION OF THE UNDERSIGNED IN THE ACTIVITY.

IV. MINOR PARTICIPANT ACKNOWLEDGMENT. 

In the case of a minor Participant, the Undersigned Parent or Legal Guardian acknowledges that he/she is not only signing the Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of the Agreement. Additionally, by signing the Agreement as the Parent or Legal Guardian of a minor, the Parent or Legal Guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned Parent or Legal Guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing the Agreement without a Parent or Legal Guardian’s signature, Participant, represents that he/she is at least 18 years of age. If signing as the Parent or Legal Guardian of a minor Participant, signing adults represent that they are a Parent or Legal Guardian of the minor Participant.

V. MEDICAL CARE.

The Undersigned understand and agree that the Released Parties and/or their authorized personnel are authorized, but not obligated, to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of the Released Parties, medical attention is needed. The Undersigned agree to pay all costs associated with such medical care and related transportation.

VI. LESSONS, VESSELS, EQUIPMENT AND PERSONAL WATERCRAFT.

(a) DISCLOSURE OF PARTICIPANTS.

The Undersigned understand and agree to disclose to all potential Participants in writing in the Agreement prior to participation in the Activity. THE UNDERSIGNED UNDERSTAND AND AGREE TO HOLD RELEASED PARTIES HARMLESS AND TO BE PERSONALLY LIABLE FOR ANY DAMAGES CAUSED BY OR TO UNDISCLOSED INDIVIDUALS, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT (EXCLUDING GROSS NEGLIGENCE) OF RELEASED PARTIES.

(b) PARTICIPATION IN THE ACTIVITY.

The Undersigned agree and understand the Undersigned shall not bring any intoxicating substance onto personal watercraft, vessel, and/or equipment and/or facilities and/or property of the Released Parties. The Undersigned agree and understand the Undersigned shall not consume or be impaired by any legal or illegal substance immediately prior to or during the Activity. The Undersigned understand and agree that the Undersigned are free to refuse to participate in any or all Activity including but not limited to any Activity the Undersigned does not feel comfortable with or which the Undersigned feel cannot be completed safely by the Undersigned, regardless of any direction or instruction provided by the Released Parties.The Undersigned understand and agree that any instruction or direction by Released Parties before, during, or after the Activity is not binding on the Undersigned and that each and any action taken by the Undersigned is made voluntarily and independently of the Released Parties and is made independently from any direction or instruction made by Released Parties.

(c) LIABILITY FOR FEES, FINES, AND DAMAGE.

The Undersigned certify that the Undersigned and all potential Participants received adequate and proper safety, operational, and other instruction from the Released Parties for the Activity. The Undersigned agrees that the Undersigned is capable in all aspects of engaging in the Activity and agrees that the Undersigned is capable of following all instructions provided by the Released Parties. The Undersigned agree to exercise sound independent judgment when participating in the Activity, including when provided instructions by the Released Party. The Undersigned agree not to use, nor permit the use of the equipment for (a) any unlawful purpose or in violation of any applicable state and federal laws and regulations; (b) in a careless, reckless, or negligent manner; (c} while under the influence of any impairing substance, including impairing medications, alcohol, and/or drugs; or (d) in violation of the safety instructions received from Released Parties. THE UNDERSIGNED AGREE TO BE WHOLLY LIABLE FOR AND TO PAY IN FULL ANY FEES OR FINES RELATING TO THE UNDERSIGNED’S PARTICIPATION IN THE ACTIVITY, INCLUDING BUT NOT LIMITED TO ANY FEES OR FINES ASSESSED BY STATE OR FEDERAL REGULATORY AGENTS, DOMINION ENERGY, AND ANY OTHER REGULATORY BODY. THE UNDERSIGNED AGREE TO BE WHOLLY LIABLE FOR AND TO PAY IN FULL ANY AND ALL FEES, FINES, REPAIR COSTS, SALVAGE COSTS, REASONABLE ATTORNEYS’ FEES, AND ANY OTHER COSTS RELATING TO DAMAGE TO ANY PERSONAL WATERCRAFT, VESSEL, EQUIPMENT, REAL OR PERSONAL PROPERTY DAMAGED BY THE UNDERSIGNED OR DAMAGED DURING THE COURSE OF THE ACTIVITY THE UNDERSIGNED IS A PARTICIPANT IN.

(d) STATUTORY COMPLIANCE.

The Undersigned agree that the Undersigned read, understand, and agree to comply with the North Carolina Vessel Operator’s Guide (located at https://www.ncwildlife.org/portals/0/boating/documents/vog.pdf), North Carolina General Statutes Chapter §75A, specifically including but not limited to §75A-16.2 (and, if the Agreement concerns a personal watercraft, compliance with North Carolina General Statutes §75A-13 and §75A-13.3 and Virginia General Statutes §29.1-735.2 and §29.1-748 and federal navigational regulations contained in 33 C.F.R. §1, specifically including but not limited to Parts 83-97), and warrant that the Undersigned will not operate personal watercraft or vessels owned by Released Parties unless the Undersigned is at least 18 years of age and obtained the boating safety education required by law to operate the rented vessel. THE UNDERSIGNED UNDERSTAND AND AGREE THAT THE UNDERSIGNED WILL NOT OPERATE ANY PERSONAL WATERCRAFT OR VESSEL OWNED BY RELEASED PARTIES UNLESS THE UNDERSIGNED WAS VALIDLY INCLUDED AS AN ‘AUTHORIZED OPERATOR’ IN THE AGREEMENT. THE UNDERSIGNED UNDERSTAND AND AGREE TO HOLD RELEASED PARTIES HARMLESS FOR, AND TO BE PERSONALLY LIABLE FOR, ANY DAMAGES CAUSED BY OR TO ANY OPERATOR NOT LISTED AS AN ‘AUTHORIZED OPERATOR’ IN THE AGREEMENT, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT (EXCLUDING GROSS NEGLIGENCE) OF RELEASED PARTIES.

The Undersigned understand and agree that the Undersigned shall maintain a copy of the Agreement at all times while participating in the Activity and, upon request of Released Parties and/or the United States Coast Guard and/or any other law enforcement officer the Undersigned agrees to present a copy of the Agreement, proof of age, and compliance with North Carolina General Statutes §75A-16.2 (and, if the Agreement concerns a personal watercraft, compliance with North Carolina General Statutes §75A-13.3 and Virginia General Statutes §29.1-735.2 and §29.1-748). The Undersigned understand and agree that the Undersigned is required to comply with applicable state and federal laws at all times during this rental, including but not limited to all applicable state and federal laws relating to the navigation and operation of personal watercraft, vessels, or equipment owned by Released Parties. THE UNDERSIGNED UNDERSTAND AND AGREE TO HOLD RELEASED PARTIES HARMLESS FOR, AND TO BE PERSONALLY LIABLE FOR, ANY DAMAGES CAUSED BY ANY OPERATOR WHO FAILS TO COMPLY WITH APPLICABLE STATE AND FEDERAL LAWS.

The Undersigned understand and agree that the Released Parties provided the Undersigned with basic safety instructions (including, but not limited to, instructions on how to safely operate the personal watercraft or equipment or vessel rented, a review of the North Carolina Vessel Operator’s Guide, the safety provisions of North Carolina General Statutes §75A-16.2 and §75A-13.3 and federal navigational rules contained in 33 C.F.R. §1, specifically including but not limited to Parts 83-97).

(e) RENTAL OF ANY PERSONAL WATERCRAFT, VESSEL, AND/OR EQUIPMENT

The Undersigned agree and understand that Released Parties rent to the Undersigned, and the Undersigned agrees to rent from Released Parties, the personal watercraft, vessel, and/or equipment designated by Released Parties for the use of the personal watercraft, vessel, and/or equipment, and only the personal watercraft, vessel, and/or equipment, described hereinafter, subject to such rules and regulations as Released Parties may make respecting the use of personal watercraft, vessel, and/or equipment and marina facilities and grounds, and subject to the terms of the Agreement. The Undersigned agrees to adhere to all rules and regulations made by Released Parties and to the terms of the Agreement.

The Undersigned agree and understand that the rental personal watercraft, vessel, and/or equipment is subject to mechanical elements which can be unpredictable in nature. The Undersigned agree and understand that Released Parties are not obligated to compensate the Undersigned in the event of a mechanical issue. Released Parties reserve the right, but are not obligated to, substitute any personal watercraft, vessel, and/or equipment in the event of a breakdown or mechanical failure.

The Undersigned agree and understand that non-functioning non-essential equipment will not result in a reduction or discount of rental price and does not merit a replacement personal watercraft, vessel, and/or equipment. Non-essential equipment includes but is not limited to radios, depth gauges, trim gauges, live wells, fish finders, charging ports and other accessories not related to basic operations of the personal watercraft or vessel. The Undersigned agree and understand that Released Parties do not guarantee that non-essential equipment will function during the rental.

The Undersigned agree and understand that anyone born on or after January 1st, 1988 operating a personal watercraft or motorized vessel is required to complete a National Association of State Boating Law Administrators (NASBLA) approved boating education course or be listed on this Agreement as an operator BEFORE operating any personal watercraft or motorized vessel propelled by a motor of 10 HP or greater in the State of North Carolina (N.C. §75A-16.2).

The Undersigned agree that no one under the age of 18 will operate any personal watercraft or motorized vessel owned by Released Parties, regardless of their qualifications.

The Undersigned agree and understand to comply with the following for ALL personal watercraft, vessel, and/or equipment rented:

  • All children 12 years of age or under MUST wear an appropriate U.S. Coast Guard Approved Life Vest at all times while on the personal watercraft or vessel. Each Participant riding a personal watercraft or being towed by one MUST wear an appropriate U.S. Coast Guard Approved Life Vest at all times. All Participants are all encouraged to wear an appropriate U.S. Coast Guard Approved Life Vest at all times while on any vessel, especially those Participants whose health condition, age, and/or swimming ability may impact the Participant’s ability to safely navigate through the water without assistance.
  • Any person(s) participating in watersport related activities such as canoeing, kayaking, sailing tubing, waterskiing, wakeboarding, knee boarding, etc. must wear and appropriate Coast Guard Approved Life Vest while engaging in such activities.
  • All Authorized Operator(s) must abide by all regulatory markers such as NO WAKE zones and DANGER markers, and stay clear by a minimum of 50 yards of Recreation Areas. I/Operator(s) must keep a minimum of 100 feet when approaching the rear of another personal watercraft or vessel or 50 feet when approaching from the side at speeds greater than 10 mph.

The Undersigned agree and understand that the Undersigned must return the personal watercraft, vessel, and/or equipment in the same condition as when it was rented, specifically including but not limited to the condition of any propeller. The Undersigned understand and agree the undersigned will be liable for the post-rental condition of the personal watercraft, vessel, and/or equipment rented by the Undersigned regardless of actual fault for damages.

The Undersigned agree and understand that fuel and oil is NOT included in the cost of the personal watercraft and/or vessel rental. The Undersigned agree to return the personal watercraft and/or vessel full of fuel and oil (if applicable) or in the event the Undersigned fails to do so the Undersigned agree and understand that Released Parties will fill the vessel or personal watercraft with fuel and/or oil on the Undersigned’s behalf and charge Renter published dockside rates for this service.

The Undersigned agree and understand the Undersigned shall pay in full the cost of any damage, salvage, third-party damages, late fees, cleaning fees, lost revenue, replacement fee and/or any other damages assessed for any and all personal watercraft, vessel and/or equipment that is not returned in the same condition as when it was rented.  

The Undersigned agree and understand that personal watercraft and/or vessels shall not be operated after dusk or before dawn without proper navigational lights illuminated.

The Undersigned agree and understand that the Undersigned agree to be liable for any and all damages that occur during the rental of the personal watercraft or vessel, specifically including but not limited to lost revenues of Released Parties.

THE UNDERSIGNED AGREE AND UNDERSTAND THAT ANY FEES OR FINES ASSESSED TO THE UNDERSIGNED MAY BE DEDUCTED FROM THE DEPOSIT OR CHARGED TO THE CREDIT CARD ON FILE.

VII. MISCELLANEOUS.

The Undersigned further agree and understand that: (a) the Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) any dispute arising out of the Agreement shall be governed by the general maritime and admiralty laws of the United States, and that to the extent the general maritime and admiralty laws of the United States are silent as to any particular issues arising out of the Agreement or are not applicable, then the laws of the State of North Carolina shall apply to any such issue; (c) any litigation arising out of the Agreement shall commence and be maintained, if at all, in the United States District Court for the Eastern District of North Carolina; (d) In the event Released Parties prevails in any litigation or claim relating to the enforcement of the provisions contained herein, I agree to pay and indemnify Released Parties for its litigation expenses, including reasonable legal fees and court costs; (e) the Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (f) the Undersigned understand and acknowledge that the Agreement is a contract and shall be binding to the fullest extent permitted by law; (g) If any part of the Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties; (h) in the event the terms of the Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability & Indemnification Agreement and any associated Personal Watercraft Rental Agreement conflict, the terms contained in this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability & Indemnification Agreement shall prevail; (i) It is the intent of the Undersigned that the agreement shall be binding upon the assignees, subrogors, distributors, heirs, administrators, executors, guardians, successors, next of kin, executors and personal representatives of the Undersigned; (j) Where the word “personalwatercraft” and/or the word “vessel” are used throughout the Agreement, the Agreement shall be construed to include any engines, sails, tackle, apparel, appurtenances, etc. as applicable therewith; and (k) photographs and/or videos of the Undersigned taken during participation in the Activity may be used by the Released Parties for promotional purposes.

VIII. PARTICIPANT INFORMATION AND MEDICAL HISTORY - provided in the next section

Date: July 12, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

Medical History and Conditions

Answer the following regarding the Participant’s past and/or present medical history with a YES or NO. Affirmative responses may disqualify the Participant from participating in one or multiple Activity(ies) contemplated under this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement unless a doctor has cleared the Participant.

Does the Participant suffer from or have any of the following conditions? Answer YES or NO for each.

1. Chronic neck or back pain (including where controlled by medication).*
No
Yes
2. History of heart attack, stroke, heart disease, angina, heart or blood vessel surgery.*
No
Yes
3. Epilepsy, blackouts, fainting, convulsions, or similar conditions (including where medication is used as a preventative measure). *
No
Yes
4. Bleeding disorders, bleeding, or high or low blood pressure (including where controlled by medication).*
No
Yes
5. Athsma or wheezing during exercise.*
No
Yes
6. Pregnancy (at any gestational stage).*
No
Yes
7. Vertigo, dizziness, muscle weakness, or coordination problems (including where controlled by medication).*
No
Yes
8. History of diabetes impacting the ability to participate in a strenuous activity or exercise (including where controlled by medication). *
No
Yes
9. Currently under the influence of drugs, alcohol, or any other impairing medication or impairing substance (including both legal and illegal substances). *
No
Yes
10. Any other mental or physical medical condition that has the potential to impair the Participant’s ability to participate in exercise, strenuous activity, or any other Activity. *
No
Yes

If the answer is YES to any of the above, the Participant must be cleared by a licensed medical doctor prior to participation in any Activity.

First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Medical History and Conditions

Answer the following regarding the Participant’s past and/or present medical history with a YES or NO. Affirmative responses may disqualify the Participant from participating in one or multiple Activity(ies) contemplated under this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement unless a doctor has cleared the Participant.

Does the Participant suffer from or have any of the following conditions? Answer YES or NO for each.

1. Chronic neck or back pain (including where controlled by medication).*
No
Yes
2. History of heart attack, stroke, heart disease, angina, heart or blood vessel surgery.*
No
Yes
3. Epilepsy, blackouts, fainting, convulsions, or similar conditions (including where medication is used as a preventative measure). *
No
Yes
4. Bleeding disorders, bleeding, or high or low blood pressure (including where controlled by medication).*
No
Yes
5. Athsma or wheezing during exercise.*
No
Yes
6. Pregnancy (at any gestational stage).*
No
Yes
7. Vertigo, dizziness, muscle weakness, or coordination problems (including where controlled by medication).*
No
Yes
8. History of diabetes impacting the ability to participate in a strenuous activity or exercise (including where controlled by medication). *
No
Yes
9. Currently under the influence of drugs, alcohol, or any other impairing medication or impairing substance (including both legal and illegal substances). *
No
Yes
10. Any other mental or physical medical condition that has the potential to impair the Participant’s ability to participate in exercise, strenuous activity, or any other Activity. *
No
Yes

If the answer is YES to any of the above, the Participant must be cleared by a licensed medical doctor prior to participation in any Activity.

Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Medical History and Conditions

Answer the following regarding the Participant’s past and/or present medical history with a YES or NO. Affirmative responses may disqualify the Participant from participating in one or multiple Activity(ies) contemplated under this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement unless a doctor has cleared the Participant.

Does the Participant suffer from or have any of the following conditions? Answer YES or NO for each.

1. Chronic neck or back pain (including where controlled by medication).*
No
Yes
2. History of heart attack, stroke, heart disease, angina, heart or blood vessel surgery.*
No
Yes
3. Epilepsy, blackouts, fainting, convulsions, or similar conditions (including where medication is used as a preventative measure). *
No
Yes
4. Bleeding disorders, bleeding, or high or low blood pressure (including where controlled by medication).*
No
Yes
5. Athsma or wheezing during exercise.*
No
Yes
6. Pregnancy (at any gestational stage).*
No
Yes
7. Vertigo, dizziness, muscle weakness, or coordination problems (including where controlled by medication).*
No
Yes
8. History of diabetes impacting the ability to participate in a strenuous activity or exercise (including where controlled by medication). *
No
Yes
9. Currently under the influence of drugs, alcohol, or any other impairing medication or impairing substance (including both legal and illegal substances). *
No
Yes
10. Any other mental or physical medical condition that has the potential to impair the Participant’s ability to participate in exercise, strenuous activity, or any other Activity. *
No
Yes

If the answer is YES to any of the above, the Participant must be cleared by a licensed medical doctor prior to participation in any Activity.

Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Medical History and Conditions

Answer the following regarding the Participant’s past and/or present medical history with a YES or NO. Affirmative responses may disqualify the Participant from participating in one or multiple Activity(ies) contemplated under this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement unless a doctor has cleared the Participant.

Does the Participant suffer from or have any of the following conditions? Answer YES or NO for each.

1. Chronic neck or back pain (including where controlled by medication).*
No
Yes
2. History of heart attack, stroke, heart disease, angina, heart or blood vessel surgery.*
No
Yes
3. Epilepsy, blackouts, fainting, convulsions, or similar conditions (including where medication is used as a preventative measure). *
No
Yes
4. Bleeding disorders, bleeding, or high or low blood pressure (including where controlled by medication).*
No
Yes
5. Athsma or wheezing during exercise.*
No
Yes
6. Pregnancy (at any gestational stage).*
No
Yes
7. Vertigo, dizziness, muscle weakness, or coordination problems (including where controlled by medication).*
No
Yes
8. History of diabetes impacting the ability to participate in a strenuous activity or exercise (including where controlled by medication). *
No
Yes
9. Currently under the influence of drugs, alcohol, or any other impairing medication or impairing substance (including both legal and illegal substances). *
No
Yes
10. Any other mental or physical medical condition that has the potential to impair the Participant’s ability to participate in exercise, strenuous activity, or any other Activity. *
No
Yes

If the answer is YES to any of the above, the Participant must be cleared by a licensed medical doctor prior to participation in any Activity.

Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Medical History and Conditions

Answer the following regarding the Participant’s past and/or present medical history with a YES or NO. Affirmative responses may disqualify the Participant from participating in one or multiple Activity(ies) contemplated under this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement unless a doctor has cleared the Participant.

Does the Participant suffer from or have any of the following conditions? Answer YES or NO for each.

1. Chronic neck or back pain (including where controlled by medication).*
No
Yes
2. History of heart attack, stroke, heart disease, angina, heart or blood vessel surgery.*
No
Yes
3. Epilepsy, blackouts, fainting, convulsions, or similar conditions (including where medication is used as a preventative measure). *
No
Yes
4. Bleeding disorders, bleeding, or high or low blood pressure (including where controlled by medication).*
No
Yes
5. Athsma or wheezing during exercise.*
No
Yes
6. Pregnancy (at any gestational stage).*
No
Yes
7. Vertigo, dizziness, muscle weakness, or coordination problems (including where controlled by medication).*
No
Yes
8. History of diabetes impacting the ability to participate in a strenuous activity or exercise (including where controlled by medication). *
No
Yes
9. Currently under the influence of drugs, alcohol, or any other impairing medication or impairing substance (including both legal and illegal substances). *
No
Yes
10. Any other mental or physical medical condition that has the potential to impair the Participant’s ability to participate in exercise, strenuous activity, or any other Activity. *
No
Yes

If the answer is YES to any of the above, the Participant must be cleared by a licensed medical doctor prior to participation in any Activity.

Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Medical History and Conditions

Answer the following regarding the Participant’s past and/or present medical history with a YES or NO. Affirmative responses may disqualify the Participant from participating in one or multiple Activity(ies) contemplated under this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement unless a doctor has cleared the Participant.

Does the Participant suffer from or have any of the following conditions? Answer YES or NO for each.

1. Chronic neck or back pain (including where controlled by medication).*
No
Yes
2. History of heart attack, stroke, heart disease, angina, heart or blood vessel surgery.*
No
Yes
3. Epilepsy, blackouts, fainting, convulsions, or similar conditions (including where medication is used as a preventative measure). *
No
Yes
4. Bleeding disorders, bleeding, or high or low blood pressure (including where controlled by medication).*
No
Yes
5. Athsma or wheezing during exercise.*
No
Yes
6. Pregnancy (at any gestational stage).*
No
Yes
7. Vertigo, dizziness, muscle weakness, or coordination problems (including where controlled by medication).*
No
Yes
8. History of diabetes impacting the ability to participate in a strenuous activity or exercise (including where controlled by medication). *
No
Yes
9. Currently under the influence of drugs, alcohol, or any other impairing medication or impairing substance (including both legal and illegal substances). *
No
Yes
10. Any other mental or physical medical condition that has the potential to impair the Participant’s ability to participate in exercise, strenuous activity, or any other Activity. *
No
Yes

If the answer is YES to any of the above, the Participant must be cleared by a licensed medical doctor prior to participation in any Activity.

Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Medical History and Conditions

Answer the following regarding the Participant’s past and/or present medical history with a YES or NO. Affirmative responses may disqualify the Participant from participating in one or multiple Activity(ies) contemplated under this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement unless a doctor has cleared the Participant.

Does the Participant suffer from or have any of the following conditions? Answer YES or NO for each.

1. Chronic neck or back pain (including where controlled by medication).*
No
Yes
2. History of heart attack, stroke, heart disease, angina, heart or blood vessel surgery.*
No
Yes
3. Epilepsy, blackouts, fainting, convulsions, or similar conditions (including where medication is used as a preventative measure). *
No
Yes
4. Bleeding disorders, bleeding, or high or low blood pressure (including where controlled by medication).*
No
Yes
5. Athsma or wheezing during exercise.*
No
Yes
6. Pregnancy (at any gestational stage).*
No
Yes
7. Vertigo, dizziness, muscle weakness, or coordination problems (including where controlled by medication).*
No
Yes
8. History of diabetes impacting the ability to participate in a strenuous activity or exercise (including where controlled by medication). *
No
Yes
9. Currently under the influence of drugs, alcohol, or any other impairing medication or impairing substance (including both legal and illegal substances). *
No
Yes
10. Any other mental or physical medical condition that has the potential to impair the Participant’s ability to participate in exercise, strenuous activity, or any other Activity. *
No
Yes

If the answer is YES to any of the above, the Participant must be cleared by a licensed medical doctor prior to participation in any Activity.

Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Medical History and Conditions

Answer the following regarding the Participant’s past and/or present medical history with a YES or NO. Affirmative responses may disqualify the Participant from participating in one or multiple Activity(ies) contemplated under this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement unless a doctor has cleared the Participant.

Does the Participant suffer from or have any of the following conditions? Answer YES or NO for each.

1. Chronic neck or back pain (including where controlled by medication).*
No
Yes
2. History of heart attack, stroke, heart disease, angina, heart or blood vessel surgery.*
No
Yes
3. Epilepsy, blackouts, fainting, convulsions, or similar conditions (including where medication is used as a preventative measure). *
No
Yes
4. Bleeding disorders, bleeding, or high or low blood pressure (including where controlled by medication).*
No
Yes
5. Athsma or wheezing during exercise.*
No
Yes
6. Pregnancy (at any gestational stage).*
No
Yes
7. Vertigo, dizziness, muscle weakness, or coordination problems (including where controlled by medication).*
No
Yes
8. History of diabetes impacting the ability to participate in a strenuous activity or exercise (including where controlled by medication). *
No
Yes
9. Currently under the influence of drugs, alcohol, or any other impairing medication or impairing substance (including both legal and illegal substances). *
No
Yes
10. Any other mental or physical medical condition that has the potential to impair the Participant’s ability to participate in exercise, strenuous activity, or any other Activity. *
No
Yes

If the answer is YES to any of the above, the Participant must be cleared by a licensed medical doctor prior to participation in any Activity.

Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Medical History and Conditions

Answer the following regarding the Participant’s past and/or present medical history with a YES or NO. Affirmative responses may disqualify the Participant from participating in one or multiple Activity(ies) contemplated under this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement unless a doctor has cleared the Participant.

Does the Participant suffer from or have any of the following conditions? Answer YES or NO for each.

1. Chronic neck or back pain (including where controlled by medication).*
No
Yes
2. History of heart attack, stroke, heart disease, angina, heart or blood vessel surgery.*
No
Yes
3. Epilepsy, blackouts, fainting, convulsions, or similar conditions (including where medication is used as a preventative measure). *
No
Yes
4. Bleeding disorders, bleeding, or high or low blood pressure (including where controlled by medication).*
No
Yes
5. Athsma or wheezing during exercise.*
No
Yes
6. Pregnancy (at any gestational stage).*
No
Yes
7. Vertigo, dizziness, muscle weakness, or coordination problems (including where controlled by medication).*
No
Yes
8. History of diabetes impacting the ability to participate in a strenuous activity or exercise (including where controlled by medication). *
No
Yes
9. Currently under the influence of drugs, alcohol, or any other impairing medication or impairing substance (including both legal and illegal substances). *
No
Yes
10. Any other mental or physical medical condition that has the potential to impair the Participant’s ability to participate in exercise, strenuous activity, or any other Activity. *
No
Yes

If the answer is YES to any of the above, the Participant must be cleared by a licensed medical doctor prior to participation in any Activity.

Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Medical History and Conditions

Answer the following regarding the Participant’s past and/or present medical history with a YES or NO. Affirmative responses may disqualify the Participant from participating in one or multiple Activity(ies) contemplated under this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement unless a doctor has cleared the Participant.

Does the Participant suffer from or have any of the following conditions? Answer YES or NO for each.

1. Chronic neck or back pain (including where controlled by medication).*
No
Yes
2. History of heart attack, stroke, heart disease, angina, heart or blood vessel surgery.*
No
Yes
3. Epilepsy, blackouts, fainting, convulsions, or similar conditions (including where medication is used as a preventative measure). *
No
Yes
4. Bleeding disorders, bleeding, or high or low blood pressure (including where controlled by medication).*
No
Yes
5. Athsma or wheezing during exercise.*
No
Yes
6. Pregnancy (at any gestational stage).*
No
Yes
7. Vertigo, dizziness, muscle weakness, or coordination problems (including where controlled by medication).*
No
Yes
8. History of diabetes impacting the ability to participate in a strenuous activity or exercise (including where controlled by medication). *
No
Yes
9. Currently under the influence of drugs, alcohol, or any other impairing medication or impairing substance (including both legal and illegal substances). *
No
Yes
10. Any other mental or physical medical condition that has the potential to impair the Participant’s ability to participate in exercise, strenuous activity, or any other Activity. *
No
Yes

If the answer is YES to any of the above, the Participant must be cleared by a licensed medical doctor prior to participation in any Activity.

Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Participant's 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:*
Emergency Contact Information

1. Name:

2. Phone:
3. Relationship to Participant (select one): *
Parent or Legal Guardian
Spouse
Other

If Other:
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.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Medical History and Conditions

Answer the following regarding the Participant’s past and/or present medical history with a YES or NO. Affirmative responses may disqualify the Participant from participating in one or multiple Activity(ies) contemplated under this Watersports and Boating Warning, Assumption of Dangers and Risks, Release of Liability, Indemnification & Rental Agreement unless a doctor has cleared the Participant.

Does the Participant suffer from or have any of the following conditions? Answer YES or NO for each.

1. Chronic neck or back pain (including where controlled by medication).*
No
Yes
2. History of heart attack, stroke, heart disease, angina, heart or blood vessel surgery.*
No
Yes
3. Epilepsy, blackouts, fainting, convulsions, or similar conditions (including where medication is used as a preventative measure). *
No
Yes
4. Bleeding disorders, bleeding, or high or low blood pressure (including where controlled by medication).*
No
Yes
5. Athsma or wheezing during exercise.*
No
Yes
6. Pregnancy (at any gestational stage).*
No
Yes
7. Vertigo, dizziness, muscle weakness, or coordination problems (including where controlled by medication).*
No
Yes
8. History of diabetes impacting the ability to participate in a strenuous activity or exercise (including where controlled by medication). *
No
Yes
9. Currently under the influence of drugs, alcohol, or any other impairing medication or impairing substance (including both legal and illegal substances). *
No
Yes
10. Any other mental or physical medical condition that has the potential to impair the Participant’s ability to participate in exercise, strenuous activity, or any other Activity. *
No
Yes

If the answer is YES to any of the above, the Participant must be cleared by a licensed medical doctor prior to participation in any Activity.

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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