This Release of Liability Waiver and Indemnity Agreement ("Agreement") is made and entered into as of [Date] by and between:
WHEREAS, Company offers jet ski rentals and related activities (the "Activities"); and
WHEREAS, Participant desires to participate in the Activities offered by Company.
IN LIGHT OF THE INHERENT RISKS ASSOCIATED WITH JET SKI OPERATION, and in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Acknowledgement of Risk. Participant acknowledges and understands that the Activities involve inherent risks, including but not limited to:
Participant understands that these risks cannot be eliminated and voluntarily assumes all risks associated with participation in the Activities.
2. Assumption of Risk. Participant assumes all risk of injury or property damage arising out of or in any way connected with participation in the Activities, regardless of the cause of such injury or damage.
3. Release of Liability. Participant hereby releases, discharges, and waives any and all claims, demands, losses, damages, rights of action or causes of action of any kind, known or unknown, arising out of or in any way connected with Participant's participation in the Activities, including but not limited to:
4. Waiver of Claims. Participant waives any and all rights and benefits conferred by any statute or regulation that would otherwise limit the effect of this Agreement, to the fullest extent permitted by law.
5. Medical Conditions. Participant represents and warrants that Participant is in good health and has no physical or mental limitations that would preclude safe participation in the Activities. [Optional] Participant further acknowledges that they have disclosed any relevant medical conditions to a healthcare professional and have been cleared for strenuous physical activities involving water.
6. Instruction and Supervision. Participant agrees to attend a mandatory safety briefing before operating a jet ski. The briefing will cover proper operation procedures, safety rules, and emergency procedures. Participant further agrees to follow all instructions and safety rules provided by Company instructors and staff at all times. Participant acknowledges that failure to follow instructions or engage in reckless behavior may result in injury or expulsion from the rental session.
7. Age Requirement. Participant represents and warrants that Participant is at least [Minimum Age] years old and meets all other requirements for jet ski operation as defined by state law.
8. Boating License (Optional). [Modify based on your state regulations] In states requiring a boating license for jet ski operation, Participant represents and warrants that they possess a valid boating license from the appropriate state agency.
9. Damage Waiver (Optional). Company may offer an optional damage waiver for an additional fee. This waiver may reduce or eliminate Participant's financial responsibility for damage to the jet ski during the rental period.
10. Pre-Rental Inspection. Participant agrees to inspect the jet ski for any existing damage before the rental period begins. Participant is responsible for reporting any pre-existing damage to Company staff.
11. Fuel Consumption. Participant is responsible for the cost of fuel used during the rental period. Fuel charges will be assessed based on the fuel gauge reading upon return of the jet ski.
12. Right to Refuse Participation. Company reserves the right to refuse participation in the Activities for any reason, including safety concerns, inability to meet age or licensing requirements, or violation of safety rules.
13. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
15. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
17. Signature Requirements
Print Name:
Date:
In some cases, having a witness signature can add weight to the validity of the waiver. However, it's not always mandatory. Consider these factors:
* **State Law:** Check your state's specific laws regarding witness requirements for jet ski rental waivers. * **Company Policy:** Some companies may have a policy requiring a witness signature for all waivers.
Modify based on your needs:
If a witness signature is not required, you can remove this section entirely.
If a witness signature is optional, you can leave the section with a note indicating it's optional.
Company Signature:
Title:
Including a company signature acknowledges that the company representative has explained the waiver to the participant and answered any questions.
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