PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
In consideration of the services of We Outside Watersports, LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "We Outside Watersports, LLC"), I hereby agree to release, indemnify, and discharge We Outside Watersports, LLC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
I acknowledge that my participation in Jetcar rentals, personal watercraft, and boating activities entails 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; passengers can be jolted, jarred, bounced, thrown about, and otherwise shaken during rides; collision with fixed or movable objects, vehicles, or other watercraft; boat capsize and entrapment; accidental drowning; watercraft are slippery when wet and accidents can occur getting in or out; the forces of nature, including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies, whirlpools, tidal conditions, surf, and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat-related illnesses), heat exhaustion, sunburn, and dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; equipment failure and/or operator error; the negligence of other visitors, participants, or other persons who may be present; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity; transmissible pathogens or diseases; traveling to and from activity locations raises the possibility of any manner of transportation accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered.
Furthermore, We Outside Watersports, LLC personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
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 flotation device (life jacket) while participating in this activity.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless We Outside Watersports, LLC 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 We Outside Watersports, LLC’s equipment or facilities, including any such claims which allege negligent acts or omissions of We Outside Watersports, LLC.
Should We Outside Watersports, LLC or anyone acting on their behalf, be required to incur lawyer's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
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.
In the event that I file a lawsuit against We Outside Watersports, LLC, I agree to do so solely in the state of Tennessee, 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 We Outside Watersports, LLC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at We Outside Watersports, LLC. 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.
WE OUTSIDE WATERSPORTS, LLC PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)
We want you to have a fantastic experience with us. However, for your protection and ours, you must read and agree to the provisions below before you are authorized to use our facilities and/or services. The different activities we offer involve certain risks that cannot be eliminated without jeopardizing the essential qualities of the experience. If you are unable or unwilling to sign this Waiver and Release, you are welcome to enjoy yourself by observing, but we cannot permit your participation in any of our activities or the use of our facilities and/or services.
This craft rental agreement (this “Agreement”) is made effective __________________ between
We Outside Watersports, LLC (the lessor), and
________________________ (the “Lessee”) who both agree to the following:
RENT AT YOUR OWN RISK
PAYMENT:
Payment in full in the amount of $____________ (the "Rental Payment") shall be executed before the beginning of the rental. Additional merchandise or damage will be charged after.
SECURITY DEPOSIT:
In addition to the Rental Payment, the Lessee shall pay a minimum $600.00 security deposit concurrently with the signing of this Agreement. The security deposit will be reimbursed to the Lessee once the craft is returned to the Lessor, less any expenses incurred to retrieve the craft and/or repair any damage caused during the Rental Period. Should damages exceed the minimum $600 deposit, the Lessee agrees to pay the full amount immediately. We Outside Watersports, LLC can provide an itemized repair bill upon request. This security deposit shall not bear interest. The Lessee has inspected the craft for prior damage, informed the Lessor of any in writing, and agrees to be responsible for any new damage during the Rental Period.
INHERENT DANGER:
The Lessee understands and agrees that operating the craft has inherent risks. The craft must be operated only with written permission from the Lessor and following the rules and safety guidelines provided.
AGE REQUIREMENT:
Lessee must provide evidence that they are at least eighteen (18) years of age and younger than sixty-five (65).
HEALTH OF LESSEE:
The Lessee certifies they are in good health, have no physical conditions that may endanger themselves or others, and are capable of safely operating the craft. The Lessee further certifies they are NOT pregnant and NOT under the influence of alcohol, drugs (legal or otherwise), and will remain so during the rental.
CARE AND OPERATION:
The Lessee agrees to maintain custody of the craft at all times during the Rental Period and to operate it only in a careful and responsible manner, complying with all applicable laws and regulations. The Lessee also agrees to follow all instructions given, whether verbally or in writing. The Lessee is responsible for any tickets received during the rental period. Tour guides, if provided, are NOT responsible for any actions taken by the Lessee that cause damage to the craft or others' property. The Lessor may cancel the service if the Lessee fails to comply with instructions.
WARRANTY DISCLAIMER:
The Lessor provides no warranties, express or implied, regarding the craft, its accessories, or any guided tours. The Lessee assumes responsibility for the craft's condition.
RISK OF LOSS OR DAMAGE:
The Lessee assumes all risks of loss or damage that may occur to the craft for any reason and agrees to return it in the same condition it was in at the beginning of the rental, except for normal wear and tear. Should damage or loss occur, the Lessor may require the Lessee to either cover the cost of repairs or replace the craft and/or equipment.
LESSEE’S USE RESPONSIBILITIES:
The Lessee agrees to:
Use the craft only for lawful purposes.
Not use the craft carelessly or negligently.
Not operate the craft under the influence of alcohol or drugs.
Ensure only the authorized Lessee operates the craft unless otherwise approved in writing by the Lessor.
LESSEE'S LIABILITY:
The Lessee accepts full responsibility for ensuring the safe operation of the craft and for the safety of other operators and individuals. The Lessor and tour guides, if any, are not liable for injuries, loss, or damages due to accidents, breakdowns, or malfunction of the craft. The Lessee further understands that tour guides have no control over the decisions, actions, or reactions of the Lessee during the rental period.
MISCELLANEOUS:
The Lessor reserves the right to cancel this Agreement due to inclement weather. In such cases, the Rental Payment will be prorated. The rules and regulations posted in the office and/or on the craft are for the safety of all users. The Lessee certifies that they have read, understand, and will ensure that their family and guests follow these rules.
PARTS LIST:
JetCar – complete: $50,000
Fiberglass repair: $280 per inch
Stern (back): $4500
Towing (accident): $450
Bow (front): $5000
Running aground: $1500+ damages if any
Scratches (sides/front/rear): $600 each side
Search and Rescue: $120 per ½ hour
Hood: $2500
Flipped JetCar (total loss): $50,000
Compartment Lock: $70
JetCar downtime: $1000 per day
Mirror: $160 (each)
Lanyard/Key: $650
Rates above include parts and labor. Customers must inspect their JetCar for any pre-existing damage before departure and notify the instructors to note it. We reserve the right to add costs for up to 90 days from the rental date to complete repairs.
THIS SERVES AS AN ITEMIZED RECEIPT. Retain deposit amount: $600 per JetCar.
I/we Lessees agree/understand that our credit card will be charged immediately for any initial damages caused during the rental based on the Standard Damage Schedule, and for any additional repair costs up to 90 days from the rental. Further, I agree not to dispute any charges from We Outside Watersports, LLC.
READ THIS FORM COMPLETELY AND CAREFULLY.
YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF WE OUTSIDE WATERSPORTS, LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM WE OUTSIDE WATERSPORTS, LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND WE OUTSIDE WATERSPORTS, LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Assumption of Risk
I recognize and agree that all risks can never be eliminated, and participating in the activities at WE OUTSIDE WATERSPORTS, LLC involves inherent danger and potential risk of both minor and serious, temporary and permanent, bodily injury of any and all kinds, both caused by my child/children and/or by others. In signing this release, I assume all risk for, and financial cost of, any and all injuries, and/or any damage to my child/children.
Waiver and Release of Claims
On behalf of my minor child/children, I fully and forever waive, release, and discharge WE OUTSIDE WATERSPORTS, LLC and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, firms, corporations, associations, or partnerships claiming by or through them, from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, and exemplary), liability or obligations of any nature or kind, whether known at the time or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with, my child’s activities with or at WE OUTSIDE WATERSPORTS, LLC, including claims involving their own negligence.
Indemnification
I agree to indemnify and hold harmless WE OUTSIDE WATERSPORTS, LLC and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, corporations, or partnerships claiming by or through them, from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or judgments directly or indirectly arising out of, or relating to, my child’s/children’s participation in any activities at WE OUTSIDE WATERSPORTS, LLC, including claims alleging WE OUTSIDE WATERSPORTS, LLC’s own negligence.
Agreement Term
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time my child/children visit WE OUTSIDE WATERSPORTS, LLC, whether at the current location or any other location or facility.
ACKNOWLEDGEMENT
I have read and understand the WE OUTSIDE WATERSPORTS, LLC Waiver and Release from any Claim of Responsibility or Damage and agree to all conditions.
Parent/Guardian Name (Printed): __________________________
Parent/Guardian Signature: _______________________________
Date: __________________
Minor Child’s Name (Printed): ____________________________
Minor Child’s Age: __________________
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
Yes, we offer the flexibility of one-way rentals. You can pick up your rental vehicle at one of our designated locations and return it to another specified location, making it convenient for your travel itinerary. Please note that additional fees may apply for one-way rentals, and it's advisable to inform us in advance to ensure availability.
If you need to extend your rental period, please contact our customer support team as soon as possible. We will do our best to accommodate your request, depending on vehicle availability. Any changes in the rental period may result in adjustments to the rental rate. It's essential to inform us in advance to avoid any inconvenience or late return fees.
[Car Rental Company Name] offers a diverse range of vehicles to cater to various needs. Our fleet includes compact cars, sedans, SUVs, minivans, and even specialty vehicles in select locations. Whether you're planning a solo trip, a family vacation, or a business journey, we have the right vehicle to suit your requirements.