JetSki Rental Agreement



    I (we) are aware of the risks associated with the use, operation, and riding of the watercraft being provided. I am voluntarily participating with full knowledge and assume all risks of bodily injury, damage, loss, paralysis, or death incurred during this rental. Neither Wedowee Marine nor Aqua Sports, LLC is liable to me or others listed on this contract due to my participation in this water related activity. I agree to hold Wedowee Marine and Aqua Sports, LLC free and harmless for any and all legal claims, actions, and lawsuits arising from my use of the rental watercraft. This release specifically releases Aqua Sports, LLC for any injuries, claims, or actions arising from any acts of negligence on the part of Aqua Sports, LLC, its agents, servants, and/or employees.

    INDEMNITY/DAMAGE INDEMNITY: The undersigned does hereby agree to defend, hold harmless, and indemnify Aqua Sports, LLC and Wedowee Marine from and against: (1) any and all claims arising out of or relating in any way the undersigned's use, operation, or riding of the watercraft or equipment, no matter who may make said claim; (2) any and all claims arising out of or relating in any way from the undersigned's breach of any of the provisions of this Release, Waiver, and Indemnity Agreement; (3) any and all claims advanced or maintained by any third party relating in any way to the undersigned's use, operation, or riding of the watercraft and equipment; (4) any and all claims by or on behalf of any minor who uses, operates, or rides the watercraft and equipment with the undersigned's knowledge and/or consent; and (5) any and all claims related to any damage to another person's property and/or equipment.

    By my signature below I affirm that I have read, been able to ask questions for clarification, understand, and agree to abide by the Rules given to me, both verbally and physical copies, by Aqua Sports, LLC.

    Renter and Other Riders (please list names) :





    PARTICIPATION AGREEMENT, RELEASE AND ASSUMPTION OF RISK

    In consideration of the services of Wedowee Marine (WM), Aqua Sports, LLC (AS); their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "WM" and "AS"), I hereby agree to release, indemnify, and discharge AS and WM, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

    1. I acknowledge that personal watercraft (PWC) activities entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
      The risks include, among other things: slips and falls; accidental drowning; boat capsize and entrapment; travel in remote areas; collision with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and accidents can occur getting on or off; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; passengers can be thrown off the watercraft; equipment failure; accidents involving other vehicles; collision with fixed or movable objects; collisions, and flipping over; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity.

    2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal floatation device (life jacket) while participating in this activity.

    3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AS and WM from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of AS's equipment or facilities, including any such claims which allege negligent acts or omissions of AS.

    4. Should AS, WM, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

    5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

    6. In the event that I file a lawsuit against AS, I agree to do so solely in the state of Kentucky, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

    By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against AS and WM on the basis of any claim from which I have released them herein.
    I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.