WAYA RENTALS. New Buffalo, Michigan (312) Release, Waiver and Indemnity Agreement required by Insurance Provider

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2 WAYA RENTALS New Buffalo, Michigan (312) Release, Waiver and Indemnity Agreement required by Insurance Provider This is a Legally Binding Contract I. CONSIDERATION For and in consideration of being permitted to rent, use, operate and/or ride watercraft and equipment provided by WAYA RENTALS, the undersigned does hereby warrant and agree that there is good and valid consideration for the promises and covenants made herein, and that the terms of this Release, Waiver and Indemnity Agreement constitute a legally binding contract. INITIALS: II. REPRESENTATIONS AND WARRANTIES The undersigned does hereby represent, warrant and agree: (1) that I am aware that there are risks inherent in the use, operation or riding of the watercraft and equipment being provided by WAYA RENTALS, and that I am voluntarily participating in all activities related to the watercraft and equipment with full knowledge thereof, and solely and exclusively assumes all risk of injury, illness, damage, loss, paralysis or death that may result; (2) that I am in good health and have no physical/mental limitations that would affect my understanding of this agreement or the safe operation or use of the watercraft or equipment; (3) that WAYA RENTALS has explained their rules and regulations relating to the watercraft and equipment, that I understand those rules and regulations, and I agree to follow and abide by them at tall time; (4) that I understand and agree that it is impermissible for anyone other than signators to this Release, Waiver and Indemnity Agreement to operate, use or ride the watercraft or equipment, and I will not let anyone use, occupy or ride the watercraft or equipment who has not signed same; (5) that I am signing this agreement in both my individual and representative capacities in the event that I permit a minor for who I am legally responsible to use, operate or ride the watercraft and equipment, and (6) that I have had an adequate opportunity to read and understand this agreement, that I fully understand its terms, that I am under no duress or other legal disability, and that I sign my name hereto with intent to be bound. Additionally, I represent, warrant and agree that no minors shall be permitted to use, operate or ride the watercraft or equipment unless and until a parent, guardian or other legal representative has signed this agreement on their behalf. All parents, guardians or other legal representatives shall be presumed to have executed this Release, Waiver and Indemnity Agreement in their individual capacities and representative capacities for any minor that they permit to use, operate or ride the watercraft and equipment. INITIALS: III. RELEASE AND WAIVER The undersigned, individually and on behalf of any minor that I am legally responsible for who I permit to use, operate or ride the watercraft or equipment, do hereby release WAYA RENTALS, and each and every one of its owners, employees, agents, representatives, servants, assigns, successors, and insurers (collectively Releasees ), from any and all claims, demands, causes of actions, and other forms of action, however characterized, relating in any way to the use, operation or riding of the watercraft or equipment, and waive any and all rights to proceed in any way against Releasees for personal injury, bodily damage, property damage, theft or other loss. The undersigned understands and agrees that Releasees shall not be responsible to the undersigned, or to any minor for which the undersigned is legally responsible, for any injuries, damages, loss or theft, even though same may be caused in whole or in part by the negligence or fault of WAYA RENTALS. This release and waiver does not apply to any gross negligence or intentional torts by WAYA RENTALS. INITIALS: Page 1 of 2

3 IV. INDEMNITY The undersigned does hereby agree to defend, hold harmless and indemnify Releasees 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 form 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 way to the undersigned s use operation or riding of the watercraft and equipment, and (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 or consent. INITIALS: V. ACKNOWLEDGEMENT The undersigned does hereby acknowledge: (1) that this Release, Waiver and Indemnity Agreement constitutes a legally binding contract; (2) that if one or more of the provisions of this agreement are ruled invalid or are struck down in any way, the remaining provisions shall remain in full force and effect; (3) that I have read the provisions of this agreement and fully understand them; and (4) and that my signature below constitutes my full acknowledgement, consent and agreement to the terms of this Release, Waiver and Indemnity Agreement. INITIALS: ***READ ENTIRE AGREEMENT BEFORE SIGNING*** SIGNATURE: DATE: PRINT NAME: Page 2 of 2

4 WAYA RENTALS New Buffalo, Michigan (312) Checkout Procedure I confirm that I have reviewed and/or had explained to me to my satisfaction the following items: 1. A description of the activity(ies) to be performed with the watercraft I am renting; 2. Review of safety and use restrictions while underway; 3. Location and use of safety and lifesaving equipment; 4. Warning and procedures for unexpected events, such as equipment malfunction; 5. Proper use of signals; 6. Regulations pertaining to idle speed zones and punishment for careless and/or reckless operation. (Signature) (Print Name) (Date)

5 PWC Orientation Checklist Protective Clothing/Equipment for Operators and Passengers PWC Controls PFD Wet Suit Bottom Wear PFD and Other Protective Clothing/Equipment 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. Wrist OR PFD 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. Know How to Start and Stop the Engine 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 will result in loss of steering. Know Operational Controls 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. Avoid Collisions Most PWC Injuries and Deaths Result from Collisions Do Not Release Throttle when trying to Steer You need throttle to steer. Take Early Action to Avoid Collisions Remember, PWC s and other boats do not have brakes. Scan Constantly Scan constantly for people, objects and other boats (including PWCs). Be alert for conditions that limit your visibility or block your vision of others. Operate Defensively 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 turns 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. (1)

6 Other Hazards 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 turns or jumping wakes or waves can increase the risk of back/spinal injury (paralysis), facial injuries, and broken legs, ankles or other bones. Do not jump wakes or waves. 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 Throttle when Anyone is at the Rear of the PWC Do not apply the throttle when anyone is standing or swimming toward the rear of th 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. Other Rules and Safety Information that May Apply to Your Situation Follow Rental Agency Rules and Boating Laws Review all rental agency rules and applicable boating laws. Do not overload PWC. Do not tow unless the PWC is designed and equipped for towing. Know and follow all State requirements related to towing. Know the Waters Know the area in which you will be operating and observe all navigational markers and signs. Follow the Additional PWC Warnings and Instructions that May Apply Depending on the circumstances, the Owner s Manual and product labels may have relevant information not covered in this basic orientation. Final Check Do you understand that you should scan constantly, operate defensively and avoid aggressive maneuvers? Do you understand that PWCs do not have brakes? Do you understand that you should not release the throttle when you are trying to steer away from people, objects, other boats (including PWCs)? Do you have any question about the PWC or its operation? I have been instructed on and understand the rules and information provided in this orientation. Signature of PWC Signature of PWC Rental Agency Employee (2)

7 WAYA RENTALS NEW BUFFALO, MICHIGAN (312) Watercraft Damage Inspection Form I certify that at the time of rental all significant body damage to PWC # is noted above. FOR RENTAL AGENCY USE ONLY WAYA Rental Staff s No additional Damage (or indicate above) Personal Floatation Devices and additional equipment: RETURNED