NO INDIVIDUAL MAY OPERATE A RENTED/PROVIDED BOAT WITHOUT SIGNING A BOAT RENTAL AGREEMENT. WAIVER AND RELEASE OF LAIBILTY AGREEEMENT DISCLEAIMER This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by AZTX Boat Rentals* (For purposes of this Waiver and Release, the term “AZTX Boat Rentals” includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of AZTX Boat Rentals). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that is inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to AZTX Boat Rentals all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify AZTX Boat Rentals of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of AZTX Boat Rentals. WARNING: There are significant elements of risk in any adventure sport or activity associated with the outdoor presence or use of motorized watercraft including, but not limited to, boats, jet-skis, and all other forms of personal watercraft (PWC) (referred to herein as “activity”). Although Lessor has taken reasonable steps to provide Passenger with appropriate equipment and/or skilled staff so that Passenger can enjoy the activity regardless of skill, the activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be the cause of loss and damage to equipment, accidental bodily injury, and illness or, in extreme cases, permanent trauma or death to the participants in the activity or to others present on the body of water in which the activity is conducted. Some, but not necessarily all, of the risks assumed in renting and operating the Boat include: 1) Changing water conditions, wave action and the wakes of other watercraft; 2) collision of the Boat with swimmers, other watercraft, and manmade or natural objects (such as docks or submerged rocks/trees); 3) variance and extremes of wind, weather and temperature, including without limitation, wind, rain, hail, and lightning; 4) the participant’s sense of balance, physical coordination, ability to operate equipment, swim, and/or follow directions; 5) capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia and/or drowning; 6) equipment failure and operator error; 7) heat or sun-related injury or illnesses including sunburn, sunstroke or dehydration; 8) fatigue, chill and/or dizziness, which may diminish recreation time and increase the risk of an accident; 9) Operating a boat or participating in the activity with someone operating the boat while drinking may increase the chance of injury to you or someone else. Alcohol affects judgment, vision, balance and coordination. These impairments increase the likelihood of accidents afloat for both passengers and boat operators. If you are pregnant or think you are pregnant you should consult your doctor before exposing yourself to any potential risks associated with boating or this activity.
October 15, 2024
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