Wavier Form

Client Details

PLEASE READ AND BE CERTAIN TO UNDERSTAND THE IMPLICATIONS OF SIGNING THIS WAIVER AND RELEASE OF LIABILITY.***

ASSUMPTION OF RISK

Renters understand and acknowledges that the operation and use of jet skis, kayaks, water tubes and wakeboards involves inherent risks, including but not limited to, personal Injury, property damage, and death. Renters willingly and voluntarily assume all such risks associated with jet skis, kayaks, water tubes, and wakeboards can be caused by the following included but not limited to:

1.)  Misuse of watercraft.

2.) Changing water flow, tides, currents, waves and wakes.

3.) Collision with any of the following;

a)   Other Participants

b)   The Watercraft

c)   Other Water Crafts

d)   Manmade or natural objects

e)   Shuttle boats

4.) 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 body when hitting the water, injections of water into any bodily cuts or openings, and/or drowning.

6.) The presence of insects and marine life forms in water.

7.) Equipment failure or operator error.

8.) Heat or sun related injuries or illnesses, including sunburn, sun stroke, and dehydration.

9.) Fatigue, chill and/or reaction time and increased risk of accident.

I acknowledge that I have read and fully understand, and agree to abide by All Operational Instructions as well as  the Personal Watercraft and any other equipment issued by Mook’s LIU Water Sports at all times. I acknowledge that I have been trained in the safe use of water sports equipment to my complete satisfaction. I am physically and mentally able to participate in the water sport activities that I am about to participate in.

I acknowledge that I have read and fully understand, and agree to abide by All Operational Instructions as well as  the Personal Watercraft and any other equipment issued by Mook’s LIU Water Sports at all times. I acknowledge that I have been trained in the safe use of water sports equipment to my complete satisfaction. I am physically and mentally able to participate in the water sport activities that I am about to participate in.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of being allowed to participate in the above described activities, as well as the use of Mook’s LIU Watersports equipment of the below listed releases, I hereby agree as follows:

1.) To waiver and release any and all claims based upon negligence, active or passive, with the exceptions of intentional, wanton, or willful misconduct that I may have in the future against the following name or names and/or entities herein, referred to as the releases.

2.) To release the releases, their directors, employees, representatives, agents, and volunteers, and all vessels and Watersport equipment from liability and responsibility whatsoever and for any claims or cause of action that I, me, estates, 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 exception of gross negligence. By signing and executing this document, I agree to hold the releases harmless and indemnify them in conjunction with conjunction with any injury or loss of life that may occur as a result of engaging in the above activities.

3.) By entering this agreement, I am not relying on any oral or written representation or statement made by the releases, other than what is stated in this agreement.

I hereby declare that I am of legal age and am competent to sign the agreement or, if not, that my parent or Legal Guardian shall sign on my behalf and that parent or Legal Guardian is in complete understanding and concurrence with this agreement.

I have read this agreement, understand it, and I agree to be bound by it. Declaration of fitness to operate personal watercraft.

DECLARATION OF FITNESS TO OPERATE PERSONAL WATER CRFAFT

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 the 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 severe 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 partaking in my chosen activity, that I am not participating in 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 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 the 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 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 and hold harmless the rental company and its agents, officiates, and personnel from, and against any and all claims for loss or damage to property or injury to person (Including death) resting through the use , operation or possession of said rental craft, including loss or damage by fire, water, theft or any other causes whatsoever.

Renter expressly to agrees to indemnifying and hold Rental Company and it agents, affiliates and personnel, harmless of, from and against any and all loss, cost damages, attorney fees, and/or liability in connection with the enforcing of the forging rental contract by rental company, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by Rental Company, to recover possession of said rental property and/or enforce any terms, conditions and/or provisions hereof. It is understood  and agreed that venue and any Acton here under shall be in the county of rental company.

Rental Company’s ability to provide a rental craft if reserved, contingent upon and subject to the return of the unit by the previous Renter, or any other cause beyond Rental Company’s control.

Rental Company’s reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental Company reserves the right to determine if there is inclement or impending bad weather. Rental fees will be prorated based on time used.

The rules and regulations contained herein and as posted in the offices on the craft and/or the grounds by the Rental Company are for safety and welfare of all who use the facilities. The Renter certifies that he/she has read and understands said rules and regulations and further assumes the responsibility that his/her family and or guest(s) will obey the rules.

Should any term or conditions of this rental agreement be held void or unenforceable, then that term shall be deemed severed from this agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft the Renter will IMMEDIATELY report it to the Rental Company. Continued use of it shall be entirely at the RENTERS risk and thus RENTER assumes all liability of injury and damage to all persons and property that may become involved by its continued use. RENTER acknowledges and understands that RENTAL COMPANY cannot guarantee against mechanical failures of the rental equipment. Any cost of repairs due to normal wear and tear on the equipment will be borne by the RENTAL COMPANY. Should the RENTAL COMPANY, or a repair person, repair or replace a unit that is due to RENTERS oversight, neglect, or misuse, Renter agrees that the repair call cost will be billed to the renters Security deposit.

Prohibited uses: Renter may not use boats for any use not intended by manufacturer. In addition; RENTER shall not use the Boat in any of the following manners:

•By any other person not an approved operator listed above.

•In any type of race or competitive events.

•For any illegal purpose or in an illegal manner.

•To carry any type of hazardous or explosive substance.

•To push or tow tubes, skis or other water toys.

•After dusk or during the night.

•To carry loads beyond states capacity.

•In a reckless, abusive or negligent manner.

•By any person consuming alcohol or drugs.

•In violation of the terms and conditions of this agreement in any way.

THE TERMS AND CONDITIONS ON ALL PAGES OF THIS CONTRACT CONTAIN THE ENTIRE UNDERSTANDING BETWEEN RENTER AND RENTAL COMPANY AND NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT.

I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FOURTH ON ALL PAGES; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.