PLAYNORTH WATERSPORTS TERMS AND CONDITIONS
RENTAL RELEASE, WAIVER, AND INDEMNITY AGREEMENT
This rental agreement is a Legally Binding Contract made effective between PLAY NORTH WATERSPORTS, LLC (‘’Lessor’’) and XXX (“Lessee”), who both agree to the following:
I. CRAFT SUBJECT TO RENTAL: The Lessor agrees to rent to the Lessee the following craft/Water Trampoline/Equipment subject to the provisions of this agreement: MC# XXX (‘’Craft’’) for “Rental Period” (8 hours).
II. CONSIDERATION in being permitted to rent, use, operate and/or ride equipment provided by PLAY NORTH WATERSPORTS, LLC (“Lessor”), the undersigned (“Lessee”) hereby warrant and agree that there is good and valid consideration for the promises and covenants made herein, and that terms of this Release, Waiver and Indemnity Agreement constitute a legally binding contract.
III. REPRESENTATIONS AND WARRANTIES The Lessee does hereby represent, warrant and agree: (1)I am aware that there are risks inherent in the use, operation or riding of the watercraft and equipment being provided by Lessor, and 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) I am in good health and have no physical or mental limitations that would affect my understanding of this agreement or the safe operation or use of the watercraft or equipment; (3)Lessor 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 all times; (4)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; (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 a legal representative has signed this agreement on their behalf. All legal representatives shall be presumed to have executed this Release, Waiver and Indemnity Agreement in their individual and representative capacities for any minor that they permit to use, operate or ride the watercraft and equipment.
IV. RELEASE AND WAIVER Lessee, 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 Lessor, and each and every one of its owners, employees, agents, representatives, successors, and insurers (“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 Lessor.
V. 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 from the undersigned’s breach of any of the representations or warranties made herein, or from 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.
VI. 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.
VII. CARE AND OPERATION: Lessee agrees to keep custody of the Craft at all time during the Rental Period and to operate the Craft only in a careful and proper manner, and to obey and comply with all laws and regulations for craft operation. Lessee shall also obey and comply with any and all instructions provided, verbally or in writing. Lessee is at least 18 years of age and possesses a valid driver’s license which is printed clearly on rental agreement prior to renting. Lessee will operate the watercraft at all times in not less than five feet of water. Lessee will not operate the watercraft within 150 feet of another watercraft, boat, dock, swimmer, or other object with the stop switch lanyard attached to the vehicle. Failure to do so may cause a collision and termination of rental without refund. A call out fee of $50.00 applies to repairs made during rental times.
WARRANTY: Lessor provides no warranties of any kind whatsoever, express or implied, as to the Craft, its’ accessory equipment, if any. Lessee assumes the responsibility for the condition of the Craft.
SECURITY DEPOSIT: In addition to the Rental Payment, Lessee agrees to provide a $500.00 security deposit concurrently with signing of this Agreement, Lessee shall provide Lessor with valid credit card for said purpose. Security deposit will be reimbursed to Lessee once Craft is returned to Lessor, less any expenses incurred to retrieve the Craft and/or to repair the Craft in the event any damage is caused to the Craft during the Rental Period. Should damages exceed the $500.00 deposit, see “Risk of Loss or Damage” below.
RISK OF LOSS OR DAMAGE: Lessee assumes all risks of loss or damage that may occur to the Craft arising from any cause whatsoever, and agrees to return the Craft in the exact condition it was when taken from Lessor, with the exception of normal wear and tear. Lessee agrees to return the Craft on or before the expiration of the Rental Period in the same condition it was at the beginning of the Rental Period. If the Craft is damaged or lost, Lessor shall have the option of requiring the Lessee to assume all costs for the repair (Lessee may obtain local independent repair estimate within 2 days of accident), if in the event said craft is deemed not repairable the Lessee will be responsible to make lessor “whole,” which includes sales tax of 6 % on a new machine, Liability insurance of $485.00, plus a daily rental rate as advertised for 7 days a week until said craft is replaced or repaired. Lessors who wish to purchase a damaged machine must opt to within 3 days from date of accident, then the price/value of the craft will be determined by NADA Average Retail price for the damaged craft in the 49653 ZIP Code. Lessee understands that should damage be incurred where Lessee was, in the estimation of Lessor, at fault or associated with the person causing damage, in addition to damage charges there will be no redemption of rental fees for unused time. In the event that damage occurs and Lessor must procure an attorney to redeem money owed the attorney fees will be added to the outstanding balance.
NOTE: Loose items (hair, clothing, etc.) can be sucked into the Jet drive intake, Jet thrust nozzle can cause water or debris to be forced into body cavities. Always secure loose items prior to operation, wetsuit or wetsuit bottoms recommended – NEVER APPLY THROTTLE IF PARTICIPANTS ARE IN WATER NEAR PWC.
PLAYNORTH WATERSPORTS RENTAL SAFETY CHECK/ACKNOWLEDGEMENT
The renter(s) understands and agrees to abide by the following rules:
I will not permit operation of watercraft by anyone under the age of 18, or State minimum age requirement, without signing all forms; I will not allow any other person to operate the watercraft unless confirmed with the rental company.
I will only operate the watercraft in designated safe areas.
I will follow all boating safety rules, and will have a spotter if I am to tow a tube or a skier.
I agree and understand there is no boat use or navigation between 8 am and one hour before sunset (dusk to dawn).
WARNING: Releasing the throttle on a PWC completely eliminates your ability to steer the watercraft. This can cause you to hit an object you are trying to avoid. You must have power to turn.
IMPORTANT: It is unlawful for the renter of a personal watercraft to permit PWC operation by any other person who has not been instructed by the rental agent and signed an acknowledgment form, or who is in violation of the age requirements listed above.
Personal Watercraft Renters: Personal Watercraft Rules
1)Wear Life Preserver at all times (operator, passenger, and/or tuber/skier) with killswitch lanyard attached to operator.
2)Only allow persons who have signed the rental and check out forms and have gone through rental instruction to operate the watercraft.
3)Travel at a slow-no wake speed, operating or being towed, within 100 feet of any dock or raft, a buoyed or occupied bathing or swimming area, an anchored vessel or moored vessel or a vessel that is drifting or sitting dead in the water.
4)Travel at slow-no wake speed when operating within 200 feet of the shoreline on any one of the Great Lakes or within 100 feet of all other shorelines.
YOU MAY NOT:
1)Cross within 150 feet behind another vessel, other than a personal watercraft, that is traveling at a speed greater than slow-no wake. Operate a personal watercraft or tow anyone within 200 feet of a submerged diver or a dive flag.
2)Carry more persons than the personal watercraft is designed to carry.
3)Disregard the rights and safety of others at a rate of speed that endangers a person or property.
4)Weave through congested vessel traffic while operating a personal watercraft.
5)Wait until the last moment to avoid collision – Horseplay is NOT PERMITTED – no wake jumping or spraying others.
6)Operate in water depth of less than 2 feet unless you are traveling at slow-no wake or docking.
7)Chase or harass wildlife.
8)Operate if under the influence of intoxicating liquor or a controlled substance.
*If equipment is not returned by said time a charge of $40.00 per ½ hour will apply.
Equipment should not be driven past end point of Old Mission Peninsula.
**PlayNorth Watersports reserves the right to substitute equipment for similar equipment as necessary. (ex. substituting a 2016 WaveRunner for a 2017 Waverunner)