WAYA Rentals - Waverunner Rental Agreement

WAYA RENTALS
New Buffalo, Michigan 49117
(312) 952-8361
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:__________
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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:_________________________________________
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WAYA RENTALS
New Buffalo, Michigan 49117
(312) 952-8361
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)
PWC Renter Orientation Checklist
Protective Clothing/Equipment for Operators and Passengers
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.
Renter
Initials
PWC Controls
Wrist
PFD
OR
Renter
Initials
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
Renter
Initials
• 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
Renter
Initials
• 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.
Renter
Initials
Take Early Action to Avoid Collisions
• Remember, PWC’s and other boats do not have brakes.
Scan Constantly
Renter
Initials
• 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
Renter
Initials
• 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)
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.
Renter
Initials
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.
Renter
Initials
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.
Renter
Initials
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.
Renter
Initials
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.
Renter
Initials
Know the Waters
• Know the area in which you will be operating and observe all navigational
markers and signs.
Renter
Initials
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.
Renter
Initials
Final Check
Renter
Initials
• 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 Renter
Signature of PWC Rental Agency Employee
(2)
WAYA RENTALS
•
NEW BUFFALO, MICHIGAN 49117
•
(312) 952-8361
Watercraft Damage Inspection Form
I certify that at the time of rental all significant body damage to PWC # _________ is noted above.
WAYA Rental Staff Initials ______
Renter’ s Initials _____
FOR RENTAL AGENCY USE ONLY
No additional Damage ____(or indicate above)
Personal Floatation Devices and additional equipment:
RETURNED______