TERMS & CONDITIONS

BOATING SAFETY INSTRUCTIONS
  1. Never drink alcohol while operating ANY watercraft or boat

  2. Always heed the Right of way to larger vessels, also pay attention and not get close to other Water Crafts.

  3. Do not ever run directly at any objects. Stay away from all docks. When approaching a dock you must use idle speeds and angles.

  4. It is important NOT to ride jet skis or our boats into lily pads, grass or vegetation. This will immediately clog the impeller, and you will have to unclog it.

  5. We charge S50 to clean out the impeller!

  6. Always follow ALL navigational Laws on the waterways. NOWAKE ZONES are

  7. exactly that ... NO WAKE! Idle speeds only. (Especially in canals).

  8. Young children must be seated properly in the vessel at all times. When necessary ... make sure they are wearing the correct sized flotation device Please make sure life jackets are properly snapped.

  9. If you are riding a jet ski ... the red lanyard must stay on your left wrist at ALL TIMES. Life Jackets also.

  10. Please do not disturb or feed any of Central Florida’s Wildlife in their natural habitat. It is illegal and extremely dangerous to feed alligators.

  11. Be advised that a Jet Ski rental requires an open credit card to be left at the rental office.

  12. The open credit card will be charged should any damage occur to our equipment. We have attached a price list of possible repairs to your waiver packet.

  13. Alcoholic beverages of any type will not be tolerated. The use of any alcoholic beverage on Get Wet Water Sports property or equipment will result in immediate termination of Your rental agreement, There will be no refunds!

Renters acknowledge and agree they shall obey all waterway laws and regulations

at all times. Failure to do so may result in citations from law enforcement and are the sole responsibility of renters. Furthermore Get Wet watersports reserves the right to terminate any rental agreement due to careless actions on Get Wet Watersports equipment. Renter agrees to return all equipment upon request by a member of Get Wet Watersports stat immediately.

 

All centers acknowledge that no alcohol is allowed to be consumed while operating, as

a passenger or participating in the use of any Get Wet Watersports equipment. If found to be under the influence by either law enforcement or any staff member patrolling while in the rental agreement time frame, a $75 escort, or recovery fee will be charged to renter’s credit card immediately upon rental agreement closeout or termination of agreement.

 

All renters acknowledge to only operate Get Wet Watersports equipment within the designated areas of operation as outlined by the staff at time of rental. Any deviation from said rental areas will result in the immediate termination of the rental agreement with no refund given for unused time.

 

All renters acknowledge and agree to return equipment at the designated time of rental expiration. It is important that this is done in a timely manner in anticipation of the next renter’s time slot to allow staff to get equipment ready. If renter is not on time, after 15 minutes past return time renter will be billed for 1/2 hour rate of $35. Furthermore at 31 minutes past return time, renter will be billed a full hours rate of $65.             

Renter acknowledges to immediately report any accidents, equipment issues or any problems with rental as soon as they occur by calling the office line at 352.253.0585 to report to staff any problems, concerns or questions.

 

All centers acknowledge they were taught the proper operation of use of all Get Wet Watersports equipment in detail. Renters acknowledge that emergency procedures for all equipment in their possession were explained at time of execution of rental contract. Renter agrees not to alter or disregard any safety equipment issued by Get Wet Watersports including but not limited to kill switch, (Jet Ski) fire extinguisher, safety whistle, etc. Renter agrees to and understands that all life vests shall be worn at all times for all passengers and operators while equipment is in motion.

 

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 the participant, and Get Wet ...Water Sports, LLC agree that this agreement is clear and unambiguous  as to its’ terms,  and that no other evidence will be used  or admitted  to alter  or explain the terms of thi9 agreement, but that ii will be interpreted based on the language in accordance with the purposes for which it is entered into.

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

 

 

in the event any provision contained within this waiver and Release of Liability shall be                               page 3 of 7 deemed to be separable or invalid, or if an/ term, condition, phrase or portion of this

agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of the agreement shall remain in full force and effect, so long as the clause severed dates not affect the intent of the parties. If a Court should find that any provision of this agreement to be invalid or unenforceable, 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 agree to never disturb or feed any of central Florida’s wildlife in their natural habitat, It is illegal and extremely dangerous to feed alligators. I ho(d harmless Get \/Vet V\Watersports for an*/ and all injury that I may experience due to interaction with local wildlife, including and not limited to: trees, plants, eagles, osprey, blue herons, raccoons, gators, turtles, etc.

 

being the parent and or legal guardian of                                                                        (a minor), I do agree to allow said minor to participate in activities on all Premier Get Wet

Watersports rental equipment. I accept all responsibility for any personal injury to minor. I also accept all responsibility for any and all equipment damage caused by minor during this rental agreement.

 

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that i and 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 Waiver and Release of Lability and a contract, and that I am signing it of my owr free wil!.

 

I acknowledge that I ha ie carefully read this Waiver and Release of Liability and fully understand that it is a Release of Liability. I expressly agree to release and discharge Get Wet ...\/\later Sports, 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 Get Wet ...Water Sports, LLC for personal injury or property damage.

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the undersigned’s rental of equipment and/or participation in certain activities provided by Premiere Get Wet Watersports, Inc. (collectively, the “Activity Provider”) (any and all such activities, hereinafter the “activities”), the undersigned and, if applicable, the parent(s), spouse and/or guardian(s) of the undersigned, jointly and severally, and intending to legally bind themselves, and on behalf of their respective spouses, ex-spouses, grandparents, parents, guardians, heirs, beneficiaries, executors, estates, legal and personal representatives, beneficiaries, administrators, successors and assigns (all of the foregoing, collectively “Releasors”), do hereby fully and voluntarily waive, release and discharge, and covenant not to sue, Activity Provider and their respective affiliates, owners, employees and agents (collectively, the “Releasees”), for any and all liability and/or claims for illness, personal injuries, death, shock, paralysis, disabilities, allergic reactions, and/or damages that may arise directly or indirectly as a result of undersigned's use of rental equipment and/or participation in the activities, including, without limitation, any rights, claims, causes of action, proceedings, suits, liabilities, negligence, conditions of the premises, weather or water conditions, damages, personal injury, death, loss of consortium, costs and expenses whatsoever, whether arising at law or in equity, or under any local, state or federal law or regulation, and whether caused by the sole or joint negligence or tortious or other act or omission of the Releasees or any of them or any third party (collectively, the “Claims”). The Releasors hereby covenant not to sue, and agree to indemnify and to hold harmless, the Releasees from all such Claims. The Releasors acknowledge that the terms of this Release and Waiver are contractual and not a mere recital. The Releasors hereby knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule or common law which may limit the scope of the covenants and releases contained herein.

Furthermore, I acknowledge that my participation in personal watercraft and pontoon boat activities, including, but not limited to, other motorized and non-motorized watersport activities (as well as the transport to and from said activities) entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, disability or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: slips, trips and falls; collision with fixed or movable objects or other watercraft; capsize, sinking and entrapment; travel in remote areas; adverse weather and water conditions (such as rip tides, currents, wind shears, lightning, wave action, currents, water spouts, storm activity and acts of God and force majeure events); water craft are slippery when wet and accidents can occur getting in or out; damage to equipment or personal injury; accidental drowning; crashing; exposure to the elements, including, without limitation, sun, strong wind, cold, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, algae, and other hazardous plant life; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; improper lifting or carrying; that Releasees are not lifeguards, water safety instructors and otherwise have no experience or expertise that would assist the undersigned in the event that the undersigned experiences trouble while in the water; that there are hazards, known and unknown, that may exist and which could injure or kill the undersigned including, without limitation, obstructions, floating or submerged objects, glass, and other objects; all of which could result in concussions, musculoskeletal injuries including head, neck, and back injuries; exhaustion; my own physical condition, and the physical exertion associated with this activity that other guests, participants, members of the public and other operators of equipment may act irresponsibly, engage in unsafe conduct or to the detriment of the health and wellbeing of the undersigned; that Releasees are not the manufacturers of the equipment; that equipment can malfunction, breakdown and otherwise not work properly; that any of the foregoing could result in death or bodily injury to the undersigned and, in each instance, the Releasors and each of them (I) voluntarily and knowingly assume all such risks, (ii) waive, release and discharge the Releasees and hereby agree to indemnify and hold them harmless from any and all Claims, including, without limitation, Claims of Releasees own negligence; (iii) indemnify and hold harmless Releasees from any and all Claims, including, without limitation, all attorneys’ fees and costs; and (iv) covenant not to sue the Releasees or any of them with respect to any such Claims; and (iv) . The Releasors acknowledge and agree that the participant in the “activities” has a duty to exercise reasonable care for his/her own safety and the safety of other participants. If the “activities” require use of a flotation device, the undersigned participant agrees to wear a U.S. Coast Guard approved personal flotation device (life jacket) and not to remove such device while in the water. The Releasors further understand that there are limited or no medical facilities at the venue and that obtaining appropriate medical care will be delayed. Traveling to and from the beach also raises the possibility of any manner of transportation accidents.

 

Furthermore, the Activity Provider has a difficult job to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

 

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities, or else I agree to bear the costs of such injury or damage myself. 1 further certify in addition to the risks recited above, that I am willing to assume the risk of any medical or physical condition I may have, both known and unknown.

In the event that the Releasors, or any of them, violate this Agreement and/or file a lawsuit against the Releasees, or any of them, the Releasors irrevocably agree, in any suit, action or proceeding arising out of or relating to this Agreement or the participation in the activities contemplated hereby, to submit to the exclusive jurisdiction of the United States District Court of

 

Florida or, if jurisdiction is not available therein, the jurisdiction of any court located in Miami-Dade County, Florida, and waive all other possible forums and any and all objections to such jurisdiction or venue that they may have under the laws of any state or country, including, without limitation, any argument that jurisdiction, situs and/or venue are inconvenient or otherwise improper. Each party further agrees that process may be served upon such party in any manner authorized under the laws of the United States or Florida, and waives any objections that such party may otherwise have to such process. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect to the maximum extent permitted by law.

 

It is the intent of the undersigned that this Agreement be enforced to the maximum extent permitted by law. However, if any term or provision hereof is determined to be illegal, invalid or unenforceable in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability without rendering illegal, invalid or unenforceable the remaining terms and provisions of this Agreement which shall be enforced to the maximum extent permitted by law, and shall not affect the legality, validity or enforceability of any of the terms of this Agreement in any other jurisdiction.

 

THE UNDERSIGNED PARTICIPANT ATTESTS THAT HE/SHE HAS READ THIS RELEASE AND WAIVER IN ITS ENTIRETY AND AGREES TO BE BOUND BY ITS TERMS. PLEASE CHECK BELOW IF THE UNDERSIGNED AUTHORIZES EMERGENCY MEDICAL TREATMENT TO BE USED ON PARTICIPANT AND AGREES TO PAY ANY AND ALL MEDICAL AND RELATED BILLS AND COSTS INCURRED AS A RESULT OF SAID TREATMENT, PROVIDED, THAT, IT IS ACKNOWLEDGED THAT NO MEDICAL TREATMENT MAY BE AVAILABLE.

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION

In consideration of the Activity Provider allowing the minor(s) listed below ("Minor(s)") being permitted by the Activity Provider to participate in its activities and to use its equipment and facilities as provided above, the undersigned, individually and on behalf of the Releasors, certifies that he/she is the natural guardian(s) of the Minor(s) and further agrees that the foregoing shall apply in full to the Minor’s participation in the activities and that the undersigned has read in its entirety, and fully understands, the following:

 

NOTICE TO TI4E MINOR CHILD’S NATURAL GUARDIANS: READ THIS                FORM       COMPLETELY         AND      CAREFULLY. YOU ARE AGREEING           TO      LET YOUR          MINOR CHILD  ENGAGE    IN         A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED  OR    KILLED          BY               PARTICIPATING IN      THIS    ACTIVITY BECAUSE       THERE       ARE     CERTAIN DANGERS   INHERENT IN          THE ACTIVITY        WHICH     CANNOT        BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASEES IN A LAWSUIT

 

FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

The Releasors are fully aware, understand fully and assume the risks involved in participating in the activities and the inherent risks (meaning those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the Activity Provider acts with due care in a reasonably prudent manner).

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