Please read and be certain you understand the implications of signing.
Express assumption of Risk associated with use of rental of Personal Watercraft and Related Activities.
hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated (e.g., jet ski, rental boat) or non-motorized (e.g., kayak) and related water sport activities to which I am about to engage, including, but not limited to:
1) Changing water flow, tides, currents, wave action and ship’s wakes
2) Collision with any of the following:
a) Other participants, b) the watercraft, c) other watercraft, d) manmade or natural objects, e) shuttle boat;
3) Wind shear, inclement weather, lightning, variances and extremes of wind, weather, and temperatures;
4) my sense of balance, physical condition, ability to operate equipment, swim and/or follow directions;
5) collision, capsizing, sinking, or other hazards that may result in wellness, injury, exposure to the elements, hypothermia, impact of the body upon water, injection of water into my bodily orifices, and/or drowning;
6) the presence of insects and marine life forms;
7) equipment failure or operator error;
8) heat or sun related injuries or illness, including sunburn, sun stroke or dehydration;
9) fatigue, chill and/or reaction time and increased risk of an accident
I specifically acknowledge that I have read, understand, and agree to abide by the Personal Watercraft Operational Instructions at all times and that I have been trained in the safe use of water sport equipment to my complete satisfaction, and I am physically/mentally able to participate in the water sport activities to which I am about to engage.
I specifically waive any defense insofar as this contract is concerned that may arise as a result of any state or local law and/or regulation or policy that may impact its enforceability.
Release of Liability, Waiver of Claims and Indemnity Agreement
1) To waiver and release any and all claims based upon negligence, active or passive, with the exception of intentional, wanton, or willful misconduct that I may have in the future against all of the following named persons or entities here, referred to as releases.
2) To release the releases, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or cause of action that I, me estate, heirs, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise, with the exceptions of gross negligence. By executing this document, I agree to hold the releases harmless and indemnify them in conjunction with any injury or loss of life that may occur as a result of engaging in the above activities.
3) By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement.
I hereby declare that I am of legal age and am competent to sign this Agreement or, if not, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this Agreement. I have watched the Ride Smart Florida video.
I have read this Agreement, understand it, and I agree to be bound by it.
DECLARATION OF FITNESS TO OPERATE PERSONAL WATERCRAFT
I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during operation of rental personal watercraft.
Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of my limbs, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and sever joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs.
I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness.
Even if I have a health condition as stated above of which I may be unaware, by signing this form I still choose to participate in this activity with the rental property and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions.
I further Declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if any injury is sustained of any kind during the course of Personal Watercraft Rental, I will notify the rental Operation Manager immediately and before leaving the premises.
Renter acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters, persons, and passengers. It is agreed and understood by RENTER that the RENTAL COMPANY shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. RENTER FURTHER AGREES to indemnify and hold harmless the RENTAL COMPANY and its agents, affiliates and personnel from, and against any and all claims for loss or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. RENTER further agrees to hold the RENTAL COMPANY harmless should loss or damages occur to any RENTER’S personal property while carried in, or on, the rental craft, including loss or damage by fire, water, theft or any other causes whatsoever.
RENTAL COMPANY’S ability to provide a rental craft if reserved, is contingent upon and subject to the return of the unit by the previous RENTER, or any other cause beyond RENTAL COMPANY’S control.
Avoid Aggressive Maneuvers
Prohibited uses: RENTER may not use boats for any use not intended by the manufacturer. In addition, RENTER shall not use the boat in any of the following manners:
I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON ALL PAGES; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.
PWC Renter Orientation Checklist
Protective Clothing/Equipment for Operators and Passengers
Wear PFD and Other Protective Clothing/Equipment
Keep Lanyard Attached
Know How to Start and Stop the Engine
Know Operational Controls
Avoid Collisions — Most PWC Injuries and Deaths Result from Collisions
Do Not Release Throttle when trying to Steer
Take Early Action to Avoid Collisions
Do Not Apply Throttle when Anyone is at the Rear of the PWC
Know How to Right the PWC in Open Water
Other Rules and Safety Information that May Apply to Your Situation
Follow Rental Agency Rules and Boating Laws
Know the Waters
Follow the Additional PWC Warnings and Instructions that May Apply
READY AND ABLE?
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