Personal watercraft Rental Agreement 1. RENTAL. In consideration of the agreement herein, Lessor does lease to the lessee a certain personal watercraft and lessee agrees to lease the personal watercraft from the lessor on the terms and conditions set forth in this agreement and to pay the Lessor rent at the rate state and other charges state herein. There will be no refunds in the event of an early return. If the personal watercraft is returned late lessee will initially be charged $50.00 and thereafter additional charges of $4.50 per minutes after the personal watercraft is (5) minutes late RENTAL RULES - Anyone born on or after January 1, 1988, needs a pass a boater safety course and have a card of proof of that course.
- Must be at least 18 years of age to rent a personal watercraft. Must be at least 16 years of age to operate a pwc.
- No one can operate a pwc under the influence of drugs or alcohol.
- All operators must have a picture id on the pwc at all times and must obey all the waterway laws.
- Reckless riding is not permitted, and we will terminate the rental time with no refund.
- No pwc is allowed to tow any device behind.
- Each pwc can carry up to 3 persons or the combined weight of 500 pounds.
- The gulf of Mexico is completely off limits for all PWCs. Only ride in instructed Mapped areas. All PWCs are being monitored and tracked via GPS. Riding off mapped areas will result in immediate termination of the rental without refund and complete loss of deposit
SIGNING BELOW CERTIFIES THE FOLLOWING: I HAVE READ THE ABOVE RULES AND I UNDERSTAND ALL THAT IS STATED.
2. DEPOSIT. Lessee aggress to provide Lessor with a deposit/hold in the amount of Three Hundred ($300.00) Dollars which shall serve as security for and may be applied against any damaged, charges that may be due the Lessor as provided herein. The Lessor’s application of any portion of this damage deposit towards damages or charges shall not be Lessor’s exclusive remedy for damages, charges or other monies that may be due to Lessor under this agreement 3. INSPECTION. Lessee acknowledges that he/she inspected the personal watercraft for prior damages and has made the lessor aware of any prior damage existing at the time of renting the personal watercraft. Lessee certifies that he/she has examined the personal watercraft and equipment and finds it acceptable and suitable for the purpose for which he/she has leased it. 4. DAMAGE. Lessee aggress to return the personal watercraft and all equipment to lessor in as good condition and appearance as it was in when the lessee received it. Lessee shall be liable for any damage to the personal watercraft, equipment or other property resulting from the lessee’s use of the personal watercraft or which occurred during Lessee’s lease of the personal watercraft 5. LAWS. Lessee agrees that he/she will operate the personal watercraft in accordance with Fun day Rentals of swfl llc D.B.A Naples Jetski Rental Safety Rules’ and in accordance with all the laws governing the operation of the personal watercraft, included but no limited to, local, state and/or Federal Laws, rules and regulations. Lessee further agrees to personal pay any ticket, citation or suit arising from his/hers use of the personal watercraft and aggress to operate the personal watercraft in a safe law abiding manner. 6. Fun day Rentals of swfl Llc SAFETY RULES. Lessee shall familiarize himself/herself with all operation instructions for the personal watercraft. Lessee shall assure that the personal watercraft is used in a safe manner utilizing the highest standard of care to avoid injuries to persons and damage to persons and damage to the personal watercraft or other property. The personal watercraft shall not be used in connection with stunts, racing, or towing person or property, or for any other use which might result in injury to person or damage property. Lessee represents the he/she is familiar with the operations of the personal watercraft and that he/she has read and understands FUN DAY RENTALS OF SWFL LLC. Safety Rules, that contents of which are on the reverse side of this Agreement and which are incorporated herein by reference and lessee further agrees to comply and abide with each and every one of FUN DAY RENTALS OF SWFL LLC Safety Rules. 7. ASSUMPTION OF ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY. The lessee hascarefully read the provisions in this Agreement pertaining to the Assumption and Acknowledgement of the Risks and the Release of Liability. Those provisions are incorporated herein by the reference as if set forth in full. LESSEE HEREBY represents AND CERTIFIES THAT HE/SHE HAS READ THE ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY PROVISIONS AND THAT HE/SHE UNDERSTANDS THAT BY SIGNING THIS DOCUMENT HE/SHE IS WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS THAT HE/SHE MAY HAVE AGAINST FUN DAY RENTALS OF SWFL LLC D/B /A as Naples Jet Ski Rental AND ITS EMPLOYEES AGENTS, SERVANTS OR ASSIGNS. Lessee enter into this Agreement for him/herself and for any minor children for whom he/she is parent, legal guardian or otherwise responsible, and for his/her heirs, personal representatives or assigns. 8. INDEMNITY AND HOLD HARMLESS. Lessee acknowledges all responsibility for safe and proper operations of the personal watercraft and for the safety and welfare of other boaters and persons. It is agreed and understood by Lessee and lessor and its directors, officers, shareholders, members’ agents, employees, representatives, successors and assigns shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the personal watercraft, Lessee further agrees indemnity and hold harmless Lessor and its directors, officers, shareholders, members. Agents, employees, representatives, successors and assigns from and against any and all claims or loss or damage to property or injuries to persons (including death) resulting the through the use, operations or possession of the personal watercraft. Lessee further agrees to release and to hold the Lessor and its directors, officers, shareholders, members. Agents, employees, representatives, successors and assigns harmless should loss or damage occur to any of Lessee’s personal property while carried in or on personal watercraft or while in Lessor’s possession, including loss or damage causes by fire, water, theft and any cause whatsoever and all attorney fees. 9. ENTIRE AGREEMENT. The terms and conditions on both side of this personal watercraft rental agreement contain the entire understanding between Lessee and Lessor and no other representation or inducement, oral or written has been made which is not included within this personal watercraft rental agreement. ASSUMPTION AND acknowledgement OF RISKS AND RELEASE OF LIABILITY 1. ACKNOWLEDGEMENT OF RISKS. Lessee acknowledges that some, but not all of the risks of participating in the water sport activity include: (1) Changing water flow, Tides, currents, wave action and ships’ wakes; (2) Collision with any of the following: other participants, watercraft, other watercraft and manmade or natural objects; (3) Wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (4) Lessee sense of balance, Physical coordination, ability to operate equipment, swim, and/or follow directions; (5) Collision, Capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, and/or drowning; (6) The presence of insects and marine life forms (7) Equipment Failure or operator error; (8) Heat Sun related injuries or illnesses, including sunburn, sunstroke or dehydration (9) Fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of accident. . 2. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY. Lessee agrees assume responsibility for all the risks of the activity, whether identified above or not. (EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW) Lessee’s participation in the activity is purely voluntary. Lessee assumes full responsibility for himself/herself and any or his/her minor children for whom he/she is responsible, for any bodily injury, accident, illness, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while Lessee participates in the activity (EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW 3. RELEASE. Lessee hereby releases FUN DAY RENTALS OF SWFL LLC D/B/A as Naples Jet Ski rental Its principles, directors, Officers, agents, employees and volunteers, their insures and each and every land owner, municipal and/or governmental agency upon who’s property and activity conducted (“owner”) and their insurers, if and, (Collectively “ Releases “ ) FROM ANY AND ALL LIABILTiY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO LESSEE OR LESSEE’S MINOR CHILDREN AND OTHER PERSONS as result of lessee’s participation in activity EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING LESSEE). SIGNING BELOW CERTIFIES THE FOLLOWING: I HAVE READ THE ABOVE ASSUMPTION AND acknowledgement OF RISKS AND RELEASE OF LIABILITY PROVISION AND IN CONSIDERATION OF BEING PROVIDED WITH WATER SPORT RECREATIONAL PROPERTY OR SERVICES AND/OR BEING ALLOWED AS A PASSENGER ON A PWC FOR MYSELF AND ANY MINOR CHILDREN FOR WHOM I AM PARENT, LEGAL GUARDIAN OR OTHERWISE RESPONSIBLE AND FOR MY HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, I AGREE TO BE BOUND BY THE AFORESTATED PROVISIONS CONTAINED WITHIN THE ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY AND I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST FUN DAY RENTALS OF SWFL LLC. D/B/A as Naples Jet Ski rental, THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS. I HAVE READ THE TERMS AND CONDITIONS OF THIS PERSONAL WATERCRAFT RENTAL AGREEMENT AND AGREE TO THEM. LESSEE IS EXPERIENCED AND CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF A CRAFT SUCH AS THE PWC RENTED. LESSEE HAS READ THE RENTAL AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTANDS THE TERMS AND CONDITIONS AS SET FORTH. PWC Renter Orientation Checklist Protective Clothing/Equipment for Operators and Passengers Wear PFD and Other Protective Clothing/Equipment - You must wear an appropriate personal flotation device (PFD) at all times.
- Wear a wet-suit (or wet suit bottom) while operating the PWC. Normal swimwear does not adequately protect against forceful water entry into the lower body opening(s) of both male and females. Severe internal injuries can occur if water is forced into body cavities as a result of falling into water or being near jet thrust nozzle.
- Additional protective equipment (such as footwear, eyewear) may be needed.
I Agree Safety Equipment and PWC Registration - In this personal watercraft Safety Equipment Kit, you’ll find all the necessities for safety on the water, including 50’ (15 m) of buoyant heaving line, bailer, whistle and watertight flashlight. Located inside of the large front storage strapped to the floor or strapped to the lid inside of a red container marked "seadoo safety equipment". - Registration is Located inside of the Large front storage inside of a water proof clear storage container or inside of the Safety Equipment container I Agree PWC Controls Keep Lanyard Attached - Securely attach engine shut-off cord (lanyard) to your wrist or PFD (as directed) and wear it at all times. Then if you fall off the PWC, the engine will stop.
I Agree Know How to Start and Stop the Engine - To start the engine, be sure that the lanyard is attached and push the start button.
- To stop the engine, push the stop button. Stopping the engine will not stop the forward motion of the PWC and will result in loss of steering.
I Agree Know Operational Controls - The throttle controls your speed. Apply the throttle lever on the handle to accelerate and release it to slow down.
- The handlebars move the jet thrust nozzle direction thrust in different directions to steer the PWC. Without thrust you cannot steer the PWC.
I Agree Avoid Collisions - Most PWC Injuries and Deaths Result from Collisions Do Not Release Throttle when trying to Steer - You need throttle to steer.
I Agree Take Early Action to Avoid Collisions - Remember, PWC's and other boats do not have brakes.
I Agree Scan Constantly - Scan constantly for people, objects and other boats (including PWCs).
- Be alert for conditions that limit your visibility or block your vision of others.
I Agree Operate Defensively - Operate at safe speeds.
- Keep a safe distance away from people, objects and other boats (including PWCs). (500 FEET)
- Do not follow directly behind PWCs or other boats.
- Do not go near others to spray or splash them with water.
- Avoid sharp turns and other maneuvers that make it difficult for others to avoid colliding with you or that make it difficult for others to understand where you are going.
I Agree Avoid Aggressive Maneuvers - This is a high-performance boat—it is not a toy.
- Ride within your limits and avoid aggressive maneuvers to reduce the risk of loss of control, ejection , and collision.
- Sharp turns or jumping wakes or waves can increase the risk of back/spinal
- injury (paralysis), facial injuries, and broken legs, ankles or other hones.
- Do not jump wakes or waves.
I Agree Do Not Apply Throttle when Anyone is at the Rear of the PWC - Items such as long hair, loose clothing, or PFD straps can become entangled in moving parts resulting in severe injury or drowning.
I Agree Do Not Apply Throttle when Anyone is at the Rear of the PWC - Do not apply the throttle when anyone is standing or swimming toward the rear of the PWC. Water and/or debris exiting jet thrust nozzle can cause serious injury.
I Agree Know How to Right the PWC in Open Water - If you capsize in open water, swim to the rear of the PWC and turn it upright — be sure to turn it in the proper direction. Then board it from the rear.
I Agree Other Rules and Safety Information that May Apply to Your Situation Follow Rental Agency Rules and Boating Laws - Review all rental agency rules and applicable boating laws.
- Do not overload PWC. Do not tow unless the PWC is designed and equipped for towing. Know and follow all State requirements related to towing.
I Agree Know the Waters - Know the area in which you will be operating and observe all navigational
I Agree Follow the Additional PWC Warnings and Instructions that May Apply - Depending on the circumstances, the Owner's Manual and product labels may have relevant information not covered in this basic orientation.
I Agree Final Check READY AND ABLE - Do you understand that you should scan constantly, operate defensively and avoid aggressive maneuvers?
- Do you understand the PWC's do not have brakes?
- Do you understand that you should not release the throttle when you are trying to steer away from people, objects, other boats (including PWC's)?
- Do you have any question about the PWC or its operation.
I Agree I have been instructed on and understand the rules and information provided in this orientation. Florida Fish and Wildlife Conservation Commission Livery Pre-Rental and Pre-Ride Instruction Initials in each block Checklist and Attestation Operator Responsibility: Operator is responsible for the safe and proper operation of the vessel; Avoid careless, reckless and negligent operation of vessels; Effects of alcohol, controlled substances and stressors Navigation Rules: Maintain a proper lookout; Keep a safe distance from other vessels and objects; Operate at a safe speed for the conditions; location and environment; Operate in a defensive manner; Requirements to give way to other vessels and vessel right of way Aids to navigation; buoys and other waterways markers Special Waterway Hazards: Operate at slow speed minimum wake when within 300 feet or emergency vessels with activated emergency lights or within 300 feet of construction vessels displaying an orange flag Awareness of changes to weather or water conditions and proper responses to those changes Requirements for operating a vessel while a person is waterskiing or participating in similar activities identified in s. 327.37, F.S., if applicable. Propulsion, steering and stopping characteristics of vessels: Discuss in general and as to the specific vessel being leased or rented Location and content of manufacturer warning labels Location of and proper use of safety equipment Boarding, falling off, capsizing, taking on water, re-boarding and emergency procedures for dealing with these situations The dangers of wake or surf jumping and other reckless operations. Boating safety identification cards, age and engine requirements Photographic identification Boating Accidents: Causes and prevention of accidents; Legal requirements: remain on-scene, render assistance, report incident to authorities Florida divers-down warning device requirements Noise, nuisances and other environmental concerns Manatee awareness (if applicable to location) Ecosystem awareness based on local issues Specific operational characteristics of the vessel being leased or rented Local characteristics of the waterway where the leased or rented vessel is intended to be operated, to include: Navigational hazards; Boating restricted areas; Water depths Specific personal watercraft (PWC) safety requirements: Required to wear PFD; Required use of kill switch lanyard; Location of sound producing device and fire extinguisher; Minimum age to legally operate; Lawful hours of operation Conducted an on-the-water demonstration and check ride to verify the prospective operator’s ability to safely operate the vessel to be leased or rentedNaples Jetski Rental as Conducted an on-the-water demonstration and check ride to verify the prospective operator’s ability to safely operate the vessel to be leased or rented Naplesjetskirental Instructor I hereby acknowledge I have received the required pre-rental and pre-ride instruction as specifically acknowledged above, and I understand the rules and information provided in this orientation. . April 26, 2024 RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION & BINDING ARBITRATION AGREEMENT Notice — By signing this document you may be waiving certain legal rights, including the right to sue. Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement In consideration of being allowed to use the facilities, vessels, and participate in operating personal watercraft and other activities (collectively the "Activities") provided by FUN DAY RENTALS OF SWFL LLC dba Naples Jetski Rental (the "Host"), the Participant hereby agrees, to the fullest extent permitted by law, as follows: 1) TO WAIVE ALL CLAIMS that he/she has or may have against the Host arising out of the Participant's participation in the Activities or the use of any equipment provided by the Host ("Equipment"), including while receiving instruction and/or training. As used herein, the term "Equipment" shall include, but not be limited to, personal watercraft; 2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers. The Participant understands that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death; 3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant specifically understands that he/she is releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and 4) TO INDEMNIFY the Host,its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. Photography/Video Release Participant hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant's participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content. Personal Responsibility The Participant certifies that he/she has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice. The Participant understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host's Equipment, vessels, and facilities before any participation. The Participant understands that he/she is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities, the Participant observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the Activities and immediately bring said hazard or condition to the attention of the Host. Binding Arbitration The Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (3) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury. To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING ARBITRATION AGREEMENT FOR MINOR PARTICIPANT In consideration of being allowed to use the facilities, vessels, and participate in personal watercraft use and other activities (collectively the "Activities") provided by FUN DAY RENTALS OF SWFL LLC dba Naples Jetski Rental (the "Host"), the Participant, and the Participant's parent(s) or natural guardian(s) do hereby agree, to the fullest extent permitted by law, as follows: a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities and/or use of the Host's equipment ("Equipment"). As used herein, the term "Equipment" shall include, but not be limited to, personal watercraft; b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or his/her parent(s) or natural guardian(s)] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment. Personal Responsibility The Participant's parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice. The Participant and his/her parent(s) or natural guardian(s) understand that Participant's participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host's vessels, Equipment, and facilities before any participation. The Participant and his/her parent(s) or natural guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Activities and/or using the Equipment, the Participant or his/her parent(s) or natural guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant's personal safety or that of others, Participant and/or his/her parent(s) or natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host. I, (parent/natural guardian), hereby agree that I will explain to my child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and good judgment. NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF FUN DAY RENTALS OF SWFL LLC DBA NAPLES JETSKI RENTAL USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM FUN DAY RENTALS OF SWFL LLC DBA NAPLES JETSKI RENTAL IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND FUN DAY RENTALS OF SWFL LLC DBA NAPLES JETSKI RENTAL HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. l/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT l/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY. April 26, 2024 |
