I (“Lessee”), have requested to engage in watersports activities with Stephens Ventures Holding LLC in Delray Beach Florida (“SVH”) to rent or operate a personal watercraft (“PWC”) and/or to participate in PWC or similar boating activities, and in consideration of being permitted to, for any purpose: a) enter any premises occupied by SVH; b) rent and /or operate PWC, and/or; c) participate in PWC or boating activities, I, for myself, my personal representative, heirs, next of kin, executors, administrators, successors, and assigns, hereby:
A. Lessee agrees to RELEASE AND DISCHARGE SVH, the owners and operators of the PWC, the owners and licensors of the premises occupied by SVH and their respective servants, agents, employees, and officers (hereinafter referred to as “releases”), from all liability to me, my personal representatives, heirs, next of kin, administrators, successors, and assigns, and for any and all damage, any claims or demands on account of injury to me or any other person, whether or not the injury results in death, or damage to any property whether or not the property is owned by me, arising from, or in any way related to my presence on the premises occupied by SVH and /or my participation in any activities facilitated by SVH. INCLUDING, WITHOUT MIMITATION, LOSS, DAMAGE, INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE RELEASEES’ NEGIGENCE.
B. Lessee AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES on account of injury to me or any other person, whether or not the injury results in death, or account of damage to any property, whether or not the property is owned by me, arising from, or related to, my presence on the premises occupied by SVH, whether or not these injuries or damages were caused by the releasees’ negligence.
C. Lessee AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES from any loss, liability, damage, or cost that may incur, including attorneys’ fees, arising from, or in any way related to, my presence on the premises occupied by SVH, my operation of a PWC rented from or owned by SVH, and/or my participation in any activities facilitated by SVH. Lessee acknowledges all responsibility for the safe and proper operation of the PWC and for the safety and welfare of other boaters and persons. It is agreed and understood by Lessee that SVH and its directors, officers, shareholders, member, agents, employees, representative, successors and assigns shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the PWC. Lessee further agrees to indemnify and hold harmless SVH and its directors, officers, shareholder, member, agents, employees, representative, successors and assigns from and against any and all claims or loss or damage to property or injuries to persons (including death) resulting through the use, operation or possession of the PWC. Lessee further agrees to release and hold SVH and its respective directors, officers, shareholder, members, agents, employees, representative, successors and assigns harmless should loss or damage occur to any Lessee’s personal property while carried in or on the PWC or while in SVH’ possession, including loss or damage caused by fire, water, theft and any cause whatsoever. [initial]
D. Lessee ASSUMES THE RISK OR BODILY INJURY, DEATH, OR PERMANT DAMAGE, whether due to the negligence of RELEASES, my negligence, or any other reason or factor, while upon the premises, while operating a PWC rented from or owned by SVH, and/or while participating in any activities facilitated by SVH.
E. ACKNOWLEDGMENT OF RISKS. Lessee acknowledges that some, but not all, of the risks of participating in the watersport activity include:
(1) changing water flow tides, currents, wave action and ships’ wakes; (2) collision with any of the following: other participants’ watercraft, other watercraft and manmade or natural objects; (3) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (4) Lessee sense of balance, physical coordination, ability to operate equipment to the elements, hypothermia, and/or drowning; (6) the presence of insects and marine wildlife; (7) equipment failure or operator error; (8) heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration; (9) fatique, chill and / or dizziness which may diminish my/our reaction time and increase the risk of accident.
F. EXPRESS ASSUMPTION OR RISK AND RESPONSIBILITY. Lessee agrees to assume responsibility for all risks of the activity, whether identified above or not (EVEN THOSE RISKS OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). Lessee’s participation in the activity is purely voluntary. Lessee assumes full responsibility for him/herself and any of his/her minor children for whom he/she is responsible, for any bodily injury, accident, illness, paralysis, death, loss of personal property and expenses thereof as a result in any accident which may occur while Lessee participates in any activity involving a PWC owned by SVH. (EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW).
G. RELEASE OF LIABILITY. Lessee hereby releases SVH, LLC, its principals, directors, officers, agents, employees and volunteers, their insurers, individually and each and every land owner, municipal and / or government agency upon whose property an activity is conducted (“owner”) and their insurers, if any, (collectively “Releasees”) FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO LESSEE OR LESSEE’S MINOR CHILDREN AND OF OTHER PERSONS as a result of Lessee’s participation in any activity EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING LESSEE).
H. Lessee has carefully read the Agreement pertaining to the ASSUMPTION AND ACKNOWLEDGEMENT OR RISKS AND RELEASE OF LIABLITY. Those provisions are incorporated herein by reference as if set forth in full. LESSEE HEREBY REPRESENTS AND CERTIFIES A THAT HE/SHE HAS READ THE ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY PROVISIONS AND THAT HE/SHE UNDERSTANDS THAT BY SIGNING THIS DOCUMENT HE/SHE IS WAIVING VALUABLE LEGAL RIGHTS INCLUDING ANY AND ALLL RIGHTS THAT HE/SHE MAY HAVE AGAINST SVH, LLC, AND ITS EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS and any officer or the company either individually or as a whole. Lessee enters into this Agreement for himself/herself and for any minor children for whom he/she is parent, legal guardian or otherwise responsible.
I agree and understand that:
1. RENTAL. In consideration of the Agreement herein, SVH does lease to the Lessee a certain PWC and Lessee agrees to lease the PWC from SVH on the terms and conditions set forth in this agreement and to pay to SVH at the agreed-upon rate. There will be no refunds in the event of an early return.
2. DEPOSIT. Lessee agrees to provide SVH with a deposit 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 SVH as provided herein. SVH’s application of any portion of this damage deposit towards damages or charges shall not be SVH’s exclusive remedy for damages, charges or other monies that may be due to SVH under this Agreement.
3. APPLICABLE LAWS. Lessee understands that he/she must be at least 21 years old of age to operate a PWC. Lessee understands that approval personal flotation devices must be worn at all times.
Each person aboard a personal watercraft must wear a United States Coast Guard approved personal flotation device, which is properly fitted and fastened.
No person shall operate a personal watercraft on the waters after sunset or before sunrise.
No person shall operate a personal watercraft unless properly using the lanyard-type engine cutoff switch, which must be attached to the operator’s clothing, body, or lifejacket
4. 1 By checking this box Lessee acknowledges that he/she has waived the use of SVH’s floatation devices and will provide, and use properly, their own USCG approve personal floatation device throughout the duration of their trip. Lessee acknowledges that upon request, USCG approved floatation devices as available from SVH. They agree and acknowledge that in waiving the use of SVH’s PFD Lessee releases SVH of any and all liability in regards to proper use and wear of a floatation device.
5. LAWS. Lessee agrees that he/she will operate the personal watercraft in accordance with SVH Safety Rules and in accordance with all laws or Florida, included but not limited to local, state and / or federal laws, rules and regulations. Lessee further agrees to personally pay any ticket, citation or suit arising from his/her use of the PWC and agrees to operate the personal watercraft in a safe and law abiding manner.
6. SVH SAFETY RULES. Lessee shall familiarize him/herself with all operating instructions for the PWC. Lessee shall assure that the personal watercraft is used in a safe manner utilizing the highest standard of care to avoid injuries and damage to the PWC or other property. The PWC shall not be used in connection with any action or use, which might result in injury to person or damage to property. Lessee represents that he/she is familiar with the operation of the PWC and that he/she has read and understand the Safety Rules and which are incorporated herein by reference and Lessee further agrees to comply and abide with each one of these Safety Rules.
7. My participation in PWC or boating activities, as with any watersport, will test my physical and mental limits, involves very powerful machinery, and exposes me to dangers associated with the operation of PWC and /or boats. These dangers include, without limitations: collisions with other vessels, fixed objects, persons in the water, or objects in the water; exposure to the elements; mechanical breakdown; loss of control of the vessel; failing off the vessel; sinking of the vessel; drowning; and other dangers known or unknown. I understand these rules and assume the risk of harm presented by these damages.
8. My presence on the premises operated by SVH and/or my participation in SVH or boating activities facilitated by SVH exposes me to the potential risks that include, without limitations: death or serious injury to myself and/or others; and damage to property owned by me, SVH, and /or others.
9. PWC or boating activities may pose an additional danger to persons with pre-existing physical injuries or conditions, or other conditions, or to pregnant women. I am not aware of any physical or mental conditions that may affect my ability to participate in PWC or boating activities or that may be aggravated by the participation in such activities. Alternatively, I acknowledge that I have consulted with my physician who has advised me that I may participate in these activities without restrictions.
10. I will NOT participate in any PWC or boating activities while my ability is impaired by alcohol, drugs, or otherwise. If found by discretion of SVH’s staff applicable law enforcement to be impaired in any way I further agree that my rental will be immediately terminated and no refund will be provided.
11. In the event of malfunction or breakdown of the craft, or if any defect occurs during the rental period, I shall immediately report any unusual problems to SVH. Continued use of the craft in any of these circumstances shall be entirely at my risk and I shall then be under the obligation to assume any and all liabilities resulting from bodily injury, loss, or damage caused to all persons and property that may become involved in any accident.
12. SVH reserves the right to cancel any rental due to inclement weather or other unsafe circumstances. I acknowledge that this is entirely left to the discretion of SVH.
13. SVH will provide me with oral instructions concerning the operation of the PWC or other watercraft that I am renting from SVH. I will not participate in PWC or boating activities unless I receive and understand these instructions. By participating, I acknowledge that I have received and understood these instructions.
14. When operating a PWC, I, the operator will allow sufficient time and distance to stop the vessel. I realize that riding a PWC is not like driving a car and I will not participate in any PWC or boating activities unless I completely understand this concept. By participating, I acknowledge that I understand this very important concept.
15. PWC and other jet-powered boats DO NOT STEER OR TURN WITHOUT PROPULSION. I understand that I must throttle to steer and turn the PWC. I will not participate in any PWC or boating activities unless I completely understand this concept. By participating, I acknowledge that I understand this concept.
16. I will have the opportunity to inspect the PWC or other watercraft that I am renting from SVH before I board the vessel. I will not participate in any PWC or boating activities until I inspect the vessel and I am satisfied with its condition. By participating, I acknowledge that I have conducted this inspection.
17. I acknowledge that SVH is not a manufacturer of the PWC/boat that I am renting and it does not make any representations, warranties of, or covenants, expressed or implied, with the respect to the condition, quality, durability, or suitability of the PWC/boat.
18. I agree that I will not allow any other person to operate the vessel that I am renting from SVH unless they have signed this waiver.
19. I agree to return the vessel that I have rented from SVH within the rental period that I negotiated. If I fail to return the vessel to SVH 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 rate (or fraction thereof) that exceeds the rental period that I negotiated.
20. I understand that SVH is not the only business offering PWC/boat rentals in this geographical location and my decision to rent from them is MY choice.
21. IT IS MY DUTY TO ASK SVH TO FURTHER EXPLAIN ANY MATERIALS, RULES, REGULATIONS, OR INSTRUCATIONS THAT I DO NOT UNDERSTAND BEFORE I START MY RENTAL. I WILL NOT PARTICAPATE IN ANY PWC OR BOATING ACTIVITY IF I DO NOT UNDERSTAND ANY PART OF ANY MARTERIALS, RULES, DETAILS, REGULATIONS, OR INSTRUCTIONS PROVIDED TO ME BY STEPHENS VENTURES HOLDING, LLC.
22. I understand that I am liable for all damages and costs incurred as a result of my negligence including by not limited to damages and lost rentals due to damage to any vessel. I agree to IMMEDIATELY REIMBURE SVH for these repairs and other costs. Any damage shall be billed at the actual cost to SVH plus actual installation / repair costs billed to SVH by repair facility.
23. I understand that I am responsible for the PWC that I am renting as well as any PWC, boat, structure, or any other matter or property that I may come in contact with. If I am involved in any type of accident that damages the property of SVH I will pay them for their losses IMMEDIATELY.
SIGNING BELOW CERTIFIES THE FOLLOWING:
I HAVE READ THE ABOVE ASSUPTION AND ACKNOWLEDEMENT OF RISKS AND RELEASE OF LIABILITY PROVISION AND IN CONSIDERATION OF BEING PROVIDED WITH WATERSPORT RECREATIONAL PROPERTY OR SERVICES AND/OR BEING ALLOWED AS A PASSENGER ON A PWC FOR MYSELF AND ANY MINOR CHILDREN FOR WHOM I AM PARENT, LEGAL GUARDIAN OR OTHERWISE RESPONSIBLE AND FOR MY HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, I AGREE TO BE BOUND BY THE AFORESTATED PROVISIONS CONTAINED WITH THE ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIBILITY AND I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST SVH, THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS. I HAVE READ THE TERMS AND CONDITIONS OF THIS PERSONAL WATERCRAFT RENTAL AGREEMENT AND AGREE TO THEM. LESSEE IS EXPERIENCED AND CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OR A CRAFT SUCH AS THE PWC RENTED. LESSEE HAS READ THE RENTAL AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTANDS THE TERMS AND CONDITIONS AS SET FORTH.
Rental Includes Boat with Full Gas Tanks
Good for 3 days: $400/day Total $1,200 + 7% State Sales Tax = $84.00 Total $1,284.00
Refundable Deposit: $ 500.00
Total: $1,284.00 + $500 = $1,784.00