WAVE-N-RIDE WATER SPORTS, L.L.C.READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE COMPANY FROM ALL KNOWN AND UNKNOWN OBLIGATIONS, AND TO INDEMNIFY COMPANY AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE CRAFT. THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS. GENERAL RELEASE WAIVER AND AGREEMENT TO HOLD HARMLESS In exchange for the agreement of Wave-N-Ride Water Sports, L.L.C., (hereinafter referred to as Wave-N-Ride) to rent its jet skis, boats, and/or other water sports equipment (hereafter "equipment") to the undersigned, the undersigned agrees for him/herself, and (if applicable) for the members of his/her family and friends, to the following:
1. I agree to observe and obey all posted rules and warnings and I further agree to follow any oral or written instructions or directions given by Wave-N-Ride or any of its employees or agents concerning the use and operation of the equipment. 2. I agree to observe and follow any laws of the State of South Carolina and the United States in my use and operation of the equipment with especial response to safe operation and the creation of wakes in navigable waters. 3. I acknowledge and recognize that there are certain inherent risks associated with the use and operation of the equipment and I assume and accept full responsibility for personal injury to myself and (if applicable) my family members and other riders on such equipment being rented, and furthermore release and discharge Wave- N-Ride and its employees, agents and assigns for any and all injury, loss or damage arising, of any kind whatsoever, out of my or my family's use of the equipment or the premises under the control of Wave-N-Ride, or the property owner, whether caused by the fault of myself, my family, Wave-N-Ride, or other third parties. 4. I covenant and agree to indemnify and hold harmless Wave-N-Ride, its employees, officers, agents and assigns from any and all claims, causes of action, damages, judgments, costs or expenses, including reasonable attorney's fees and other costs of litigation or defense, which may in any way arise from my or my family's use of or presence upon the facilities used or controlled by Wave-N-Ride, or the use of the equipment heretofore mentioned. This indemnity covers any injury suffered or occasioned by acts of the undersigned or third parties and any property losses, damage, property theft, or actions of any kind which may hereafter occur to me, resulting from this equipment rental and participating in the use of such equipment. I furthermore covenant and agree not to sue the said Wave-N-Ride, its employees and directors, or the property owners for any claim for damages as a result of my use of the equipment or the premises. 5. I agree to pay for any and all damage to the equipment rented that occurred during the rental or for damage to any other personal property of third parties occasioned by the actions of the renter. I will return all equipment to the designated docking area clean, free of garbage and debris, and in the same condition as it was in when given to me. 6. RENTAL. In consideration of the Agreement herein, Wave-N-Ride does rent to undersign the watercraft referenced in the chart above and the undersigned agrees to rent such water PWC and Lessee agrees to lease the PWC from Wave-N-Ride on the terms and conditions set forth in this agreement and to pay to Wave-N-Ride at the rate stated There will be no refunds in the event of an early return. 7. DEPOSIT. Lessee agrees to provide Wave-N-Ride with a deposit in the amount of Three Hundred Dollars ($300.00) and/or a credit card and driver's license to be held for the duration of the ride which deposit shall serve as security for and may be applied against any damage or charges that may be due Wave-N-Ride as provided herein. Wave-N-Ride' application of any portion of this damage deposit towards damages or charges shall not be Wave-N-Ride' exclusive remedy for damages, charges or other monies that may be due to Wave-N-Ride under this Agreement. 8. If I return any equipment to the designated docking area more than 10 minutes after the "return time," I will be responsible for another FULL payment of the original rental fee. 9. Each person aboard a personal watercraft must wear a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V, which is properly fitted and fastened. 10. I agree to return the vessel that I have rented from Wave-N-Ride within the rental period that I negotiated. If I fail to return the vessel to Wave-N-Ride for any reason other than mechanical malfunction that is not caused by misuse of the vessel, I agree to pay an additional sum equal to the standard hourly rental rate (or fraction thereof) that exceeds the rental period that I negotiated. 11. I agree that any legal or equitable claim arising from the rental of the equipment or the property owners, shall be resolved pursuant to the laws of the State of South Carolina and in the Courts of the State of South Carolina in the County of York. 12. I acknowledge that I have received the equipment in good operating condition, acknowledging that the equipment is not in defective condition as stated in the rental agreement. 13. If at any time Wave-N-Ride determines that I have engaged in an unsafe or hazardous use of the equipment, Wave-N-Ride may immediately terminate the rental. Upon notification of termination, I must return the equipment to the docking area immediately. If the rental is terminated for unsafe or hazardous use, I will not be refunded any monies. Wave-N-Ride shall determine, in its sole discretion, whether any behavior or activity is "unsafe or hazardous." 14. I covenant and agree that I, and anyone riding or with me, are not under the influence of any intoxicating drug or beverage, whether prescribed or not, and that I am not under any legal disability that would prevent me from being legally bound to the terms of this agreement or from responsibility operating the equipment being rented. 15. I CERTIFY THAT I AM TWENTY ONE YEARS OF AGE OR OLDER AND LEGALLY ABLE TO SIGN THIS LIABILITY WAIVER, WHERE I HAVE AGREED TO EXCLUDE AND RELEASE ALL PARTIES OR INDIVIDUALS NAMED OR LISTED FROM ANY PERSONAL, PROPERTY OR DEATH DAMAGES RESPONSIBILITY, INCLUDING, BUT NOT LIMITED TO ACTIVE OR PASSIVE NEGLIGENCE BY THE PARTIES RELEASED. THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND ALL OF THE TERMS OBTAINED HEREIN AND THE DANGERS AND RISKS I AM ASSUMING BY RENTING THE EQUIPMENT FROM THE OWNER AND ENGAGING IN THE AQUATIC ACTIVITY IN NAVIGABLE WATERWAYS, WHERE OTHERS ARE PRESENT. I ACKNOWLEDGE THAT THIS IS A RELEASE OF ANY AND ALL LIABILITY AND THAT THIS IS A CONTRACT THAT IS LEGALLY VALID AND CAN BE USED TO AVOID ANY MONETARY COMPLAINT OR RECOVERY FROM THE PARTIES INVOLVED, NAMED AND BY ANY INDIVIDUAL OR ENTITY NAMED OR NOT, FOR ANY LIABILITY FROM BEING PERSONALLY HURT, FOR PROPERTY DAMAGE OR DEATH, CAUSED BY NEGLIGENCE OR WAIVED LIABILITY FROM A DEFECTIVE PRODUCT.
Wave-N-Ride Water Sports Rules and Regulations (Please initial by checking the box by EACH rule and sign below)
1. I will operate the equipment safely and responsibly at all times, no horseplay allowed.
2. I will scan the horizon at all times looking to avoid any and all objects.
3. I will remain at idle speed while in any "no wake zones".
4. I will stay at least 300 feet away from all objects while above idle speed.
5. I will at all times stay in the center of all channels and avoid driving over marsh grass or debris of any kind.
6. I am aware that I am responsible for my own wake and any damages it may cause.
7. I am aware that I am responsible for any citations or fines issued by law enforcement.
8. If I break any of these rules, I understand I will not be allowed to continue riding and that there will be no refunds whatsoever.
9. I will not allow any other person to operate the equipment unless confirmed by Wave-N-Ride WaterSports, L.L.C., personnel.
10. I will only operate the rented watercraft in designated areas and within the limited radius (5miles) specified by Wave-N-Ride Personal.
11. I will always wear a life jacket.
12. I will follow all boating safety rules.
13. I have received and understand all equipment safe operation instructions.
14. I have been instructed on the hazards of boating and water activities.
15. I have carefully read and understand the above riding guidelines. I have been instructed in and understand the safe operation of the equipment. I am qualified in its operation and I acknowledge that I am totally responsible for the equipment and any actions resulting from its use. I do not have any medical conditions or visual impairment that could interfere with the safe operation of the equipment and I believe I am physically able to operate said equipment.
I understand that I must have a valid credit card on file while renting equipment. If upon return, the rented watercraft and other equipment provided to me by Wave-N-Ride is found to be free of damages, my credit card will be returned and no further charges will be incurred. If I return my life jacket with any visible damages, I understand that I am responsible for the full replacement cost of $50.00, and my credit card will be immediately charged for said replacement. If I return the rented Watercraft damaged in any way, I understand that I am responsible for all costs required to repair the rented watercraft. I understand that my credit card will be immediately charged $750.00 until which time the rented watercraft is repaired. If at that time the cost of the repair is more than $750.00, I understand I am responsible for the difference and I give Wave-N-Ride WaterSports, L.L.C., my permission to charge my credit card at that time. I understand that Wave-N- Ride WaterSports, L.L.C., has the right to charge my credit card in the amount of $300.00 per day while the equipment is being repaired for loss of business. MY SIGNATURE BELOW CONSTITUTES SETTLEMENT OF ANY POTENTIALLY DISPUTE CLAIM, AND SHALL NOT BE CONSTRUED AS AN ADMISSION OF LIABILITY. THE UNDERSIGNED ACKNOWLEDGES HAVING READ AND FULLY UNDERSTOOD THIS WAIVER IN SIGNING IT, AND ACKNOWLEDGES THAT THIS WAIVER IS LEGALLY BINDING IN NATURE. THE RELEASED PARTIES ARE INTENDED TO BE BENEFICIARIES OF THIS WAIVER.
Rental Waiver
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