Qualified to Participate. Renter agrees, acknowledges and represents that he/she is a good swimmer, is qualified, in good health, in proper physical condition to participate in this activity or in any activity arising from renting the Water Craft.
Acceptable Use. Renter agrees and acknowledges that he/she will be the sole operator of the Craft, and will use the Craft in a careful, safe and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by Company, and any applicable laws or regulations.
Prohibited Activities. The Company reserves the right to cancel this rental agreement immediately if Renter engages in any prohibited activity. Renter shall not violate any of the following rules and regulations during his/her operation of the Craft:
- There are no additional passengers or additional drivers permitted on the Craft unless expressly permitted by the company in writing prior to use.
- CAUSING WAKE IN THE MARINA WILL LEAD TO VIOLATION FROM THE CITY. YOU ARE RESPONSIBLE FOR YOUR TICKET, ALL INFORMATION THAT IS NEED FOR THE CRAFT WILL BE UNDER THE SEAT.
- Leaving the designated rental area
- Operating less than 300 ft from other water crafts or people or devices.
- Weaving through congested traffic
- NO ROLLING OR SUBMERGING CRAFT
- There is no smoking while on the Craft.
- Never operate the craft after OR while consuming alcoholic beverages or taking drugs. The Company reserves the right to inspect any coolers, bags or other containers belonging to the Renter.
- There are no pets permitted on the Craft.
- There is no fishing permitted from the Craft, and no swimming permitted for Renter during use of the Craft.
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
Notice — By signing this document you may be waiving certain legal rights, including the right to sue.
In consideration of being allowed to use the facilities, vessels, and participate in operating personal watercraft and other activities (collectively the " Activities") provided by Ride It Out Jet Ski Rentals- LLC (the "Host"), the Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that they have 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 and his/her parent(s) or legal guardian(s) understand 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 and his/her parent(s) or legal guardian(s) specifically understand that they are 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 and his/her parent(s) or legal guardian(s) certify that Participant 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 and his/her parent(s) or legal guardian(s) understand that Participant's participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host's Equipment, facilities, and vessels before any participation.
The Participant and his/her parent(s) or legal 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, the Participant or his/her parent(s) or legal 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 legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
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 THE AGREEMENT AND I AM AWARE THAT BY SIGNING
AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
In signing below, I certify that I am at least 21 yrs of age for a jet ski rental, that I have fully read and understand all of the terms, conditions and rules set forth above, and agree to all terms without reservation. I am voluntarily making this release and waiver of any liability for myself or a participant for whom I am legally responsible.
In signing below, I also acknowledge and fully understand the form titled “Safety Instructions & Regulations”. I acknowledge that I understand the safety instructions for personal watercraft operation as well as my financial obligations for responsible watercraft rental for myself or a participant for whom I am legally responsible.
