Waiver

IN CONSIDERATION OF the risk of injury that exists while participating in all RIDING (hereinafter the "Activity"); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge SAN ANGELO BOAT & JETSKI RENTALS LLC, located in San Angelo, Texas, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to Indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

I FURTHER ACKNOWLEDGE that releasees are not responsible for enos, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize San Angelo Boat & Jetski Rentals LLC to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may Involve a test of a person's physical and mental limits and may carry with it the potential for death, serious Injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the San Angelo Boat & Jetski Rentals LLC official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. 1 EXPRESSLY AGREE TO RELEASE AND DISCHARGE San Angelo Boat & Jetski Rentals, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST San Angelo Boat & Jetski Rentals LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of San Angelo Boat & Jetski Rentals LLC, its agents, and employees.

I agree that this Release shall be governed for all purposes by Texas law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and San Angelo Boat & Jetski Rentals LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language In accordance with the purposes for which it is entered into.

In the event that any provision contemned within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT, AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

*ALL RENTERS MUST BE AT LEAST 18 YEARS OF AGE WITH BOATERS SAFETY COURSE IF BORN AFTER 09-01-1993.

THIS BOAT RENTAL AGREEMENT CONSTITUTES A CONTRACT BETWEEN RENTER(S) AND SAN ANGELO BOAT & JETSKI RENTALS LLC.

  1. TAX AND FUEL: All rental units will come with a full tank of gas. A 3% fuel charge will be collected for all motorized rentals. A 6.25% TEXAS sales tax will be collected for all rentals.
  2. INSPECTION OF EQUIPMENT- Owner(s) certify that the boats) are in good mechanical and physical condition. Renter(s) will inspect said Equipment and leases the same without any representations by Owners(s). If equipment has damage or problems Renters(s) must report damage on the provided form. Renters(s) will be held responsible for any damage to the ski that is not reported at the time of delivery.
  3. DAMAGES TO EQUIPMENT - The Damage Deposit: A damage deposit of $250.00 for each boat. The deposit will be applied toward the cost of the repairs of any and all damages suffered to the watercraft. If the cost of damages exceeds the damage deposit, User agrees he/she is fully responsible for the remainder of the costs incurred to repair or replace the watercraft to the same condition as the time the rental agreement was started. Furthermore, the User understands and agrees that he/she who is known to San Angelo Boat & Jetski Rentals LLC... as the User, is the only person allowed to use the watercraft for the entire rental period. The User also understands that he/she is responsible for the retrieval and/or replacement of the watercraft, life jacket, or any safety items, if these items are in any way lost, stolen or misplaced during the rental period. Should any damages exceed the damage deposit, San Angelo Boat & Jetski Rentals LLC. will provide an itemized repair bill, including lost rental time (rental time begins with the date of the itemized repair bill, and stops when the watercraft is once again available for rental). The itemized repair bill, including lost rental time, must be paid in full upon User's presentation of the bill. The security deposit shall not bear interest. User shall be responsible for damages at and beyond the damage deposit.PLEASE BE AWARE: Major problems that can arise are few but costly. For example, for damage to the prop from dragging ground in shallow waters that are present in the river channels. The boats are NOT allowed in the river channels at any time or for any reason! GPS is installed on all boats to ensure renters stay in compliance with our No River Channel Policy.
  4. THEFT OR LOSS: In case of theft or loss, Renter(s) is responsible for the replacement value of the Equipment. In case of abuse or damage, Renter(s) will be charged for the repair or replacement of the Equipment
  5. INSURANCE: San Angelo Boat & Jetski Rentals LLC. offers NO insurance coverage for equipment damages incurred during your rental period. Please check your homeowner, auto, or credit card policy to see if there is an endorsement available to you.
  6. BOAT OPERATION: Renters) acknowledge and agree that the Equipment will be operated by TBD. Renter(s) named above prior to taking custody of it Renter(s) warrant that Renter(s) is a qualified operator of said Equipment; that Renters) will not allow any other persons except a member of their approved party to operate the equipment. Renter(s) will be responsible for all such operation. Renter(s) will not operate the Equipment, or permit anyone to operate the Equipment, while under the influence of alcohol or drugs. Renter(s) will be responsible for the operation of the equipment within all laws.
  7. BOAT USE: The Renter(s) agrees not to permit the use of or to use the BOAT for transportation of persons or property for hire and not to allow more than 8 persons (small 19' boats), 10 persons (large 24' boats) or the maximum listed weight upon the boat at any one time.
  8. REPAIRS — SERVICE CALLS: Renter(s) acknowledges and understands that Owner(s) cannot guarantee against mechanical failures of the rental Equipment. Renter(s) agrees to immediately notify Owner(s) of defective or non-working units. Owner(s) will make every reasonable effort to repair or replace defective units as quickly and efficiently as possible. Repair due to normal wear and tear on the Equipment will be made by the Owner(s). Should a repair person make a call to repair or replace a that is found to be in working order and the problem was due to Renter(s) oversight or neglect or misuse, Renter(s) agrees that the repair call costs may be deducted from the renter(s) security deposit.
  9. LOSS OF RENTER(S) PROPERTY: It is expressly agreed that Owner(s) shall not be liable for loss of or damage to any property left of stored by Renter(s) or any other person in or upon said equipment after return thereof to Owner(s). Renters) agree to hold Owner(s) harmless from and against any such claims.

  10. RETURN OF EQUIPMENT: Renter(s) acknowledge(s) and understand(s) that they will return the Equipment to dock at an agreed-upon time on the end date of this contract.

    LIABILITY AGREEMENT

    1. RELEASE, REMISE, AND DISCHARGE; San Angelo Boat & Jetski Rentals LLC, the owners and operators of the boat and boating activities sponsored by San Angelo Boat & Jetski Rentals LLC (hereinafter referred to as "releasees"), from all liability to me, my personal representatives, heirs, next of kin, administrators, successors, and assigns, and for any and all loss or damage, any claims or demands on account of injury to me or any other persou 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 related to my presence on the premises occupied by San Angelo Boat & Jetski Rentals LLC. , and/or my participation in any activities sponsored by San Angelo Boat & Jetski Rentals LLC INCLUDING, WITHOUT LIMITATION, Loss, DAMAGE, INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE RELEASEES' NEGLIGENCE.
    2. AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES on account of injtuy to me or to 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 use or any property owned or leased by San Angelo Boat & Jetski Rentals LLC. , whether or not these injuries or damages were caused by the releasees' negligence.
    3. AGREE 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 San Angelo Boat & Jetski Rentals LLC, my operation of a boat rented from or owned by, San Angelo Boat & Jetski Rentals LLC and/or my participation in any activities sponsored San Angelo Boat & Jetski Rentals LLC
    4. ASSUME THE RISK OF BODILY INJURY, DEATH, OR PERMANENT DAMAGE, whether due to the negligence of RELEASEES negligence, my negligence, or any other reason or factor, while upon the premises, while operating a boat rented from or owned by San Angelo Boat & Jetski Rentals LLC., and/or while participating in any activities sponsored by San Angelo Boat & Jetski Rentals LLC.
    5. Boats are equipped with a GPS tracking device. If lessee is caught going over 5 MPH in a no wake zone or traveling out of the designated approved area, the rental will be immediately terminated and the boat must be returned. A $50.00 fine will be issued.
    6.  

      I agree and understand that:

      1. My participation in boat 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 boat 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; falling 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.
      2. My presence on the premises operated by San Angelo Boat & Jetski Rentals LLC and/or my participation in the boating activities organized by San Angelo Boat & Jetski Rentals LLC 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, San Angelo Boat & Jetski Rentals LLC, and/or others.
      3. Boat or boating and Tubing 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 boat 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.
      4. I will NOT participate in any boat or boating activities sponsored San Angelo Boat & Jetski Rentals LLC while my ability is impaired by alcohol, drugs, or otherwise. If found by the discretion San Angelo Boat & Jetski Rentals LLC staff and or TEXAS Department of WILDLIFE/SAPD to be impaired by said substances I further agree that my rental will be terminated and no refund will be provided.
      5. 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 San Angelo Boat & Jetski Rentals LLC 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 into any accident.
      6. San Angelo Boat & Jetski Rentals LLC reserves the right to cancel any rental due to inclement weather or other unsafe circumstances. If a ride is cancelled due to bad weather San Angelo Boat & Jetski Rentals LLC reserves the right to either prorate a monetary return in place of time lost or may issue a voucher for a rental another time and or date.
      7. I will have the opportunity to inspect the PWC/boat or other watercraft that I am renting from San Angelo Boat & Jetski Rentals LLC before 1 board the vessel. 1 will not participate in any boat 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.
      8. I acknowledge that San Angelo Boat & Jetski Rentals LLC is not a manufacturer of the 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 boat.
      9. I agree that I will not allow any other person to operate the vessel that I am renting San Angelo Boat & Jetski Rentals LLC.
      10. I agree to return the vessel that I have rented from San Angelo Boat & Jetski Rentals LLC within the rental period that I negotiated. If I fail to return the vessel to San Angelo Boat & Jetski Rentals LLC 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 understand that San Angelo Boat & Jetski Rentals LLC is not the only business offering boat rentals in San Angelo, TX, county of Tom Green and my decision to rent from them is "MY' choice.
      12. IT IS MY DUTY TO ASK San Angelo Boat & Jetski Rentals LLC TO FURTHER EXPLAIN ANY MATERIALS, RULES, REGULATIONS, OR INSTRUCTIONS THAT I DO NOT UNDERSTAND BEFORE I START MY RENTAL. I WILL NOT PARTICIPATE IN ANY BOAT OR BOATING ACTIVITY IF I DO NOT UNDERSTAND ANY PART OF ANY MATERIALS, RULES, DETAILS, REGULATIONS, OR INSTRUCTIONS PROVIDED TO ME BY San Angelo Boat & Jetski Rentals LLC
  11. ENTIRE AGREEMENT - The Renter(s) and Owner(s) acknowledge that this Agreement contains the full and complete agreement between the parties relating to the subject matter that there are no oral, written or implied agreements or other modifications not specifically set forth herein, and that this Agreement supersedes all prior agreements or understandings, if any, between the parties, whether written or oral relating to the subject matter herein. The parties further agree that no modification of this Agreement may be made except by means of a written agreement or memorandum signed by the parties. ALL Parties agree that they have read this document in its entirety and agree to all terms and conditions by San Angelo Boat & Jetski Rentals LLC.

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