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Dolphin Tours Fort Myers
Jet Ski Rental Fort Myers
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Agreement and Waiver
All Island Watersports Participant Agreement and Waiver
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PERSONAL WATERCRAFT (PWC) SAFETY & ORIENTATION
You must wear an appropriate personal flotation device (PFD) at all times.
• Wear a wet-suit (or wet suit bottom) while operating the PWC. Normal swimwear does not adequately protect against forceful water entry into the lower body opening(s) of both male and females. Severe internal injuries can occur if water is forced into body cavities as a result of falling into water or being near jet thrust nozzle. • Additional protective equipment (such as footwear, eyewear) may be needed.
I/We will wear an appropriate personal flotation device (PFD) at all times.
Most PWC Injuries and Deaths Result from Collisions!! Do Not Release Throttle when trying to Steer. Take Early Action to Avoid Collisions • Remember, PWC's and other boats do not have brakes. Scan Constantly
Keep Lanyard Attached
Securely attach engine shut-off cord (lanyard) to your wrist or PFD (as directed) and wear it at all times. Then if you fall off the PWC, the engine will stop.
I will keep my shut off cord attached to me
Know How to Start, Stop and Steer
• To start the engine, be sure that the lanyard is attached and push the start button. • To stop the engine, push the stop button. Stopping the engine will not stop the forward motion of the PWC and result in loss of steering. • The throttle controls your speed. Apply the throttle lever on the handle to accelerate and release it to slow down. • The handlebars move the jet thrust nozzle directing thrust in different directions to steer the PWC. Without thrust you cannot steer the PWC.
I understand how to start, stop and steer
• Operate at safe speeds. Keep a safe distance away from people. objects and other boats (including PWCs). • Do not follow directly behind PWCs or other boats. Do not go near others to spray or splash them with water. • Avoid sharp tums and other maneuvers that make it difficult for others to avoid colliding with you or that make it difficult for others to understand where you are going.
I will operate the PWC in a safe manner.
Avoid Aggressive Maneuvers
• This is a high-performance boat—it is not a toy. • Ride within your limits and avoid aggressive maneuvers to reduce the risk of loss of control, ejection , and collision. • Sharp tums or jumping wakes or waves can increase the risk of injury (paralysis), facial injuries, and broken legs, ankles or other bones. • Do not jump wakes or waves.
I will ride within my limits
Do Not Apply Throttle when Anyone Is at the Rear of the PWC
• Items such as long hair, loose clothing. or PFD straps can become entangled in moving parts resulting in severe injury or drowning. • Do not apply the throttle when anyone is standing or swimming toward the rear of the PWC. Water and/or debris exiting jet thrust nozzle can cause serious injury.
Know How to Right the PWC in Open Water
• If you capsize in open water, swim to the rear of the PWC and turn it upright — be sure to turn it in the proper direction. Then board it from the rear.
I understand how to turn the PWC upright and board from the rear
A PWC RENTAL WILL NOT BE ACCEPTED WITHOUT A CREDIT CARD NUMBER . LESSEE TO READ ALL PAGES OF THIS AGREEMENT AND ANSWER EACH QUESTION BEFORE SIGNING THIS DOCUMENT. In consideration of the agreement herein, ALL ISLAND WATERSPORTS, INC. (herein after referred to as the LESSOR) agrees to lease to the undersigned (herein after referred to as the LESSEE) the craft and equipment described herein. In the event the craft is not returned at time specified herein. Said LESSEE agrees to pay for OVERTIME at rate of $75.00 per each half-hour. THE LESSEE CERTIFIES THAT HE/SHE HAS EXAMINED THE CRAFT AND EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED IN THIS OFFICE OR ON THE CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS. LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY. This certifies that I (We), the LESSEE (S) am/are experienced and capable in all aspects of the handling and operation of the craft such as the one rented above. LESSEE agrees said craft will not be occupied by a greater number of persons that is shown in this rental agreement. l, the LESSEE (S) am/are aware of the NO WAKE areas and am/are responsible for any damaged caused by my wake. l, the LESSEE (S) will operate that said craft within the boundaries established by ALL ISLAND WATERSPORTS, INC.: I authorize and allow ALL ISLAND WATERSPORTS, INC. to charge my credit card for any damages or loss of equipment. A major credit card authorization (VISA, MasterCard, Discover, American Express or Debit) or CASH in the amount of five hundred dollars ($500.00) shall be retained by the LESSOR as partial compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of craft by LESSEE. LESSEE agrees not to use, nor permit the use: a. of the rental craft for any unlawful purpose; b. of the rental craft in a careless or negligent manner; c. of the rental craft while under the influence of liquor or narcotics; or any other drugs d. by any other person not the signatory of the agreement, or not equally qualified. e. of the rental craft after dark. LESSEE 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 LESSEE that the LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR and its agents, affiliates and personnel from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. LESSEE further agrees to hold ALL ISLAND WATERSPORTS, INC.harmless should toss or damages occur to any LESSEE'S personal property while carried in, or on, the rental craft, including loss or damage by fire, water, theft or any other causes whatsoever. LESSEE expressly agrees to indemnify and hold LESSOR and its agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forgoing rental contract by LESSOR, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by LESSOR, to recover possession of said rental property and/or to enforce any terms, conditions and/or provisions hereof. It is understood and agreed that Venue and any action hereunder shall be in the county of LESSOR. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft the LESSEE will immediately report it to LESSOR. Continued use of it shall entirely at the LESSEE'S risk and thus LESSEE assumes all liability of injury and damage to all persons and property that may become involved by its continued use. LESSOR'S ability to provide a rental craft if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR'S control. LESSOR reserves the right to cancel this rental agreement due to 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 office, on the craft and /or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE 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 condition of Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the 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. THE TERMS AND CONDITIONS OF THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT. I HAVE READ ALL OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH; THAT I ACKNOWLEDGE I WILL RECEIVE A COPY OF THIS AGREEMENT TO THE EMAIL ADDRESS I HAVE INDICATED. I UNDERSTAND THAT I WILL BE HELD RESPONSIBLE FOR LOSS OR DAMAGE TO THE PWC RENTED TO ME.
I agree and accept all the terms of this agreement
UNDERSTANDING AND ACKNOWLEDGEMENT OF RISKS
I UNDERSTAND THAT THERE ARE INHERIT RISKS INVOLVED WITH JET SKI & WATER SPORTS RECREATIONAL ACTIVITIES,including but not limited equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions, and I HEREBY ASSUME SUCH RISKS. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO. I assert that I am physically fit to ride on a Jet Ski and/or participate in Water Sports Recreational Activities and I will not hold ALL ISLAND WATERSPORTS, INC. or their employees, agents, or other associated personnel responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while chartering the equipment or otherwise participating in the trip. I fully understand that ALL ISLAND WATERSPORTS, INC. has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions. ALL ISLAND WATERSPORTS, INC., have made no representations to me, implied or otherwise, that they or their Employees can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid, I would like assistance and will not hold ALL ISLAND WATERSPORTS, INC., or their Employees responsible for their actions in attempting the performance or rescue of first aid. I agree to forever discharge and release ALL ISLAND WATERSPORTS, INC., its Employees and Agents and Affiliates, from any and all responsibility or liability for any and all injuries to myself-to others and damages to the property belonging to ALL ISLAND WATERSPORTS, INC. I agree NOT to make a claim against or sue any of the above parties for injuries. I further specifically agree, on behalf of myself, and my heirs, to indemnity and hold harmless the released parties for any and all causes of action arising as a consequence of any incidents which might occur during my participation in any activities with or involving the released parties. Florida Disclaimer - This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by ALL ISLAND WATERSPORTS, Inc... *(For purposes of this Waiver and Release, the term "ALL ISLAND WATERSPORTS, Inc." includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of ALL ISLAND WATERSPORTS, Inc.). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of all minor children listed in this waiver and agreement. Renter agrees that he/she will disclose to ALL ISLAND WATERSPORTS, Inc. all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the a event that he/she fails to notify ALL ISLAND WATERSPORTS, Inc. of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of ALL ISLAND WATERSPORTS, Inc. ll. ACKNOWLEDGEMENT OF RISKS — The undersigned hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action and ships' wakes; 2) Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, expose to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms, including, but not limited to sharks and/or sting rays; 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature, 9) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration of these risks is nit complete and that unknown or unanticipated risks may result in injury, illness or death.
I understand and acknowledge the risks, will exercise care and accept these terms
ASSUMPTION OF RISK AND WAIVER/RELEASE OF LIABILITY
Ill. EXPRESS ASSUMPTION OF RISK- The undersign herby agrees that he/she is renting, operating or using the equipment provided by ALL ISLAND WATERSPORTS, Inc. at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fracture or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of ALL ISLAND WATERSPORTS, Inc. IV. WAIVER/RELEASE OF LIABILITY - BY the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless ALL ISLAND WATERSPORTS„ Inc. from any and all liability of any nature for any and all injury or damage arising from personal injuries sustained by the undersigned or any minor children under the undersigned's custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by ALL ISLAND WATERSPORTS„ Inc. regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages, which may occur, and further agrees that ALL ISLAND WATERSPORTS„ Inc. shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that ALL ISLAND WATERSPORTS„ Inc. shall not be responsible for such injuries, damages, loss or theft. EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY ALL ISLAND WATERSPORTS„ INC., whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by ALL ISLAND WATERSPORTS, Inc.
I assume the risks and release All Island Watersports, Inc. from liability
INDEMNIFICATION & HOLD HARMLESS AGREEMENT
LIABILITY TO THIRD PARTIES —The undersigned hereby agrees that he/she will indemnify and hold harmless ALL ISLAND WATERSPORTS„ Inc. for all personal injuries, property damages, or any other damages to any and all third parties, including but not limited to, operators and passengers of other watercraft and minor children under the undersigned's custody, care, and control as a result of any and all activities related to the rental, operation, or use of equipment provided by ALL ISLAND WATERSPORTS„ Inc, even if such damages arise out of the negligence or fault of ALL ISLAND WATERSPORTS„ Inc.
I agree to indemnify and hold harmless ALL ISLAND WATERPOSRTS, INC.
ACKNOWLEDGEMENT OF WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from ALL ISLAND WATERSPORTS„ Inc. with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against ALL ISLAND WATERSPORTS„ Inc. for ALL ISLAND WATERSPORTS„ Inc.'s negligence.
I acknowledge the waiver and release
BY CLICKING THE SUBMIT BUTTON BELOW I EXECUTE THIS FORM AND AGREE THAT:
I AM THE PERSON NAMED ON THIS FORM. I AM AT LEAST 18YRS OF AGE. i HAVE READ AND UNDERSTAND THE PWC SAFETY, PWC ORIENTATION, RENTAL AGREEMENT, WAIVER & RELEASE. I UNDERSTAND ALL TERMS AND CONDITIONS. I AM THE UNDERSIGNED AND LESSEE AS APPLICABLE. THAT MY NAME, ADDRESS AND DATE OF BIRTH ON THIS FORM , ALL THE CHECKED BOXES AND THE ACT OF SUBMITTING THIS FORM ARE MY EXECUTION OF THIS AGREEMENT, WAIVER AND RELEASE. I WILL BE BOUND BY THE TERMS OF THE AGREEMENT, WAIVER AND RELEASE FROM THE DATE I SUBMIT THIS FORM AND FOREVER INTO THE FUTURE.