Release of liability, assumption of risk, waiver of claims and indemnification agreement

Notice - By signing this document you may be waiving certain legal rights, including the right to sue.

A. Lessee agrees to RELEASE, REMISE, AND DISCHARGE, Gettin’ Salty Watersports Inc., the owners, employees, and officers (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 person, 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 way related to my presence on the premises occupied by Jet Ski Express and/or my participation in any activities sponsored by Jet Ski Express.

INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE, INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE RELEASEES’ NEGLIGENCE.

B. Lessee AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES on account of injury 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 presence on the premises occupied by Gettin’ Salty Watersports Inc., whether or not these injuries or damages were caused by the releasees’ negligence.

C. Lessee AGREES 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 Gettin’ Salty Watersports Inc. Lessee acknowledges all responsibility for the safe and proper operation of the personal watercraft and for the safety and welfare of other boaters and persons. It is agreed and understood by Lessee that Gettin’ Salty Watersports Inc. and its directors, officers, shareholders, member. Agents, employees, representative, successors and assigns shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown, or malfunction of the personal watercraft. Lessee further agrees to indemnify and hold harmless Gettin’ Salty Watersports Inc. And its directors, officers, shareholder, member, agents, employees, representative, successors and assigns from and against any and all claims or loss or damage to property or injuries to persons (including death) resulting through the use, operation, or possession of the personal watercraft. Lessee further agrees to release and hold Gettin’ Salty Watersports Inc. and its respective directors, officers, shareholders, members, agents, employees, representative, successors and assigns harmless should loss or damage occur to any Lessee’s personal property while carried in or on the personal watercraft or while in Gettin’ Salty Watersports Inc. possession, including loss or damage caused by fire, water, theft, and any cause whatsoever.

D. Lessee ASSUMES 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 PWC rented from or owned by Gettin’ Salty Watersports Inc., and/or while participating in any activities sponsored by Gettin’ Salty Watersports Inc.

E. ACKNOWLEDGMENT OF RISKS. Lessee acknowledges that some, but not all, of the risks of participating in the watersport activity include: (1)changing water flow tides, currents, wave action and ships’ wakes. (2) collision with any of the following: other participants’ watercraft, other watercraft and manmade or natural objects. (3) wind shear, inclement weather, lightning, variances and extremes of wind, weather, and temperature. (4)Lessee sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions. (5)collision, capsizing, sinking or other hazard which results in wetness, injury exposure to the elements, hypothermia, and/or drowning. (6) the presence of insects and marine life forms. (7)equipment failure or operator error. (8)heat or sun related injuries or illnesses, including sunburn, sunstroke, or dehydration. (9)fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of accident.

F. EXPRESS ASSUMPTION OR RISK AND RESPONSIBILITY. Lessee agrees to assume responsibility for all risks of the activity, whether identified above or not (EVEN THOSE RISKS OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). Lessee’s participation in the activity is purely voluntary. Lessee assumes full responsibility for himself/herself and any of his/her minor children for whom he/she is responsible, for any bodily injury, accident, illness, paralysis, death, loss of personal property and expenses thereof as a result in any accident which may occur while Lessee participates in the activity (EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW).

G. RELEASE OF LIABILITY. Lessee hereby releases Gettin’ Salty Watersports Inc., its principals, directors, officers, agents, employees and volunteers, their insurers, individually and each and every land owner, municipal and/or government agency upon whose property an activity is conducted (“owner”) and their insurers, if any, (collectively “Releasees”) FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO LESSEE OR LESSEE’S MINOR CHILDREN AND OF OTHER PERSONS as a result of Lessee’s participation in any activity EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING LESSEE).

H. Lessee has carefully read the Agreement pertaining to the ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY. Those provisions are incorporated herein by reference as if set forth in full. LESSEE HEREBY REPRESENTS AND CERTIFIES THAT HE/SHE HAS READ THE ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY PROVISIONS AND THAT HE/SHE UNDERSTANDS THAT BY SIGNING THIS DOCUMENT HE/SHE IS WAIVING VALUABLE LEGAL RIGHTS INCLUDING ANY AND ALL RIGHTS THAT HE/SHE MAY HAVE Gettin’ Salty Watersports Inc., AND ITS EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS and any officer of the company either dividually or. Lessee enters into this Agreement for himself/herself and for any minor children for whom he/she is parent, legal guardian or otherwise responsible.

I. Lessee understands that there is a strict NO WAKE ZONE inside of the Marina. This will be from departure dockside to arriving upon return to the buoy.  It is not acceptable for any reason or any time to exceed 3MPH or have a wake behind the rented watercraft. To allow our riders maximum ride time we have adjusted departure and arrival times. Riders will be allotted 15 minutes prior and upon return of your appointment time to safely travel through the NO WAKE zone (i.e., if you have the allotted time 10:00am to 11:00am, you will depart at 9:45am and return to the buoy at 11:00am returning to dockside at 11:15am) The entire ride will be terminated for the rider and passenger if there is a violation of the no wake zone. Once ride is terminated an additional $150.00 wake violation fee will be charged to the renter’s security deposit. The rider will also assume all responsibilities of any tickets given by the coast guard or water authority at the time. We expect all riders as well as passengers to respect the marina and their rules at all times.

I HAVE READ AND UNDERSTAND THE AGREEMENT AND I AM AWARE THAT BY SIGNING AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

In signing below, I certify that I am at least 21 years of age for a jet ski rental and that I have fully read and understand all the terms, conditions and rules set forth above, and agree to all terms without reservation. I am voluntarily making this release and waiver of any liability for myself or a participant for whom I am legally responsible.

In signing below, I also acknowledge and fully understand the form titled “Safety Instructions & Regulations”. I acknowledge that I understand the safety instructions for personal watercraft operation as well as my financial obligations for responsible watercraft rental for myself or a participant for whom I am legally responsible.