PWC/BANANA BOAT

CAPTIVA WATERSPORTS

RELEASE OF LIABILITY
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Please Select ALL Activities YOU or YOUR CHILDREN will be Participating in*
Enter number of MINOR CHILDREN waiver and release is being signed for*

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Please enter your NAME*

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Street Address

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Please provide your CELL NUMBER*
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INFORMATION ABOUT MINOR CHILDREN IN YOUR CARE

You will be signing a waiver and release on behalf of these children
Minor 1 Name*

First NameLast Name
Minor 1 Birth Date*

MonthDayYear
Minor 2 Name*

First NameLast Name
Minor 2 Birth Date*

MonthDayYear
Minor 3 Name*

First NameLast Name
Minor 3 Birth Date*

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Minor 4 Name*

First NameLast Name
Minor 4 Date of Birth*

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Minor 5 Name*

First NameLast Name
Minor 5 Date of Birth*

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Minor 6 Name*

First NameLast Name
Minor 6 Date of Birth*

MonthDayYear

FOR YOUR SAFETY PLEASE READ THESE IMPORTANT INSTRUCTIONS ABOUT RIDING A PERSONAL WATERCRAFT

Please press the button below each section after you read it.
You must wear an appropriate personal flotation device (PFD) at all times.

DO NOT TAKE OFF YOUR LIFE VEST
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.
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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.
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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 result in loss of steering.
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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.
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Avoid Collisions - Most PWC Injuries and Deaths Result from Collisions

You need throttle to steer

Take Early Action to Avoid Collisions

Remember, PWC's and other boats DO NOT HAVE BRAKES
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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
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Operate Defensively
- Operate at safe speeds. Keep a safe distance away from people, objects and other boats (includingPWCs).
- Do not follow directly behind PWCs or other boats. Do not go near others to spray or splash them with water.
- Avoid sharp tums 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.
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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 tums or jumping wakes or waves can increase the risk of injury (paralysis), facial injuries, and broken legs, ankles, or other bones.
- Do not jump wakes or waves.
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DO NOT APPLY THROTTLE WHEN ANYONE IS NEAR 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 the throttle when anyone is standing or swimming toward the rear of the PWC. Water and/or debris exiting jet thrust nozzle can cause serious injury.
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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
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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 area in which you will be operating and observe all navigational markers and signs.
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 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?
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Participant Safety Briefing Acceptance

AS A CONDITION OF COVERAGE, APPLICANT(S) AGREES TO ADHERE TO THE FOLLOWING PROCEDURES:
Please check the box to confirm that you have read each line
1. I am in good physical and mental health-fitness to participate in this water sports activity.*
2. I have understood the instructions related to the water sports activity and agree to abide with same as well as all safety rules.*
3. I have understood the instructions given related to operation of a motorized watercraft.*
4. I agree to wear the Personal Floatation Device at all times and any other required protective clothing-eyewear-footwear-etc.*
5. I agree to give way-priority to other vessels, maintain stated safe distance-position-moderate speed during the tour, and will avoid aggressive maneuvers to avoid collisions with other watercraft-piers-swimmers etc.*
6. I AM NOT under the influence of medication, alcohol and/or drugs that may impair my ability to engage this water sports activity.*
7. I understand and accept that SHOULD I NOT FOLLOW ALL of the safety rules and operating procedures at all times. I will be requested to end my participation in the water sports activity.*
I HAVE BEEN INSTRUCTED ON AND UNDERSTAND THE INFORMATION & RULES PROVIDED TO ME IN THIS SAFETY BRIEFING ORIENTATION.*

Personal Watercraft Rental Agreement
In consideration of the agreement herein, CAPTIVA WATERSPORTS, INC. (hereinafter referred to as the LESSOR) agrees to lease to the undersigned (hereinafter referred to as the LESSEE) a Personal Watercraft(PWC)
In the event, the craft is not returned at the time specified said LESSEE agrees to pay for OVERTIME at a rate of $150.00 per each half-hour.

THE LESSEE CERTIFIES THAT HE/SHE WILL EXAMINE THE CRAFT AND EQUIPMENT AND FIND IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS IN THE PWC ORIENTATION CHECKLIST, PARTICIPANT SAFETY BRIEFING ACCEPTANCE OR ON THE CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS.

LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY.

This certifies that I (We), the LESSEE (S) am/are experienced and capable in all aspects of the handling and operation of the craft, such as the one rented today. LESSEE agrees said craft will not be occupied by a greater number of persons that is shown in this rental agreement. l, the LESSEE (S) am/are aware of the NO WAKE areas and am/are responsible for any damaged caused by my wake. l, the LESSEE (S) will operate that said craft within the boundaries established by CAPTIVA WATERSPORTS, INC.:

I authorize and allow CAPTIVA WATERSPORTS, INC. to charge my credit card for any damages or loss of equipment.

The LESSEE acknowledges he/she has carefully examined the craft and finds it suitable for the purpose for which it is leased, and that or other accessory equipment is in suitable and acceptable condition: that he/she will maintain both craft and equipment in a safe, dependable condition while in he/she has custody.

A major credit card authorization (VISA, MasterCard, Discover, American Express or Debit) or CASH in the amount of five hundred dollars ($500.00) shall be retained by the LESSOR as partial compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of craft by LESSEE.

LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY LESSEE that the LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR and its agents, affiliates and personnel from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. LESSEE further agrees to hold CAPTIVA WATERSPORTS, INC.harmless should loss or damages occur to any LESSEE'S personal property while carried in, or on, the rental craft, including loss or damage by fire, water, theft or any other causes whatsoever.

LESSEE expressly agrees to indemnify and hold LESSOR and its agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forgoing rental contract by LESSOR, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by LESSOR, to recover possession of said rental property and/or to enforce any terms, conditions and/or provisions hereof. It is understood and agreed that Venue and any action hereunder shall be in the county of LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft the LESSEE will immediately report it to LESSOR. Continued use of it shall entirely at the LESSEE'S risk and thus LESSEE assumes all liability of injury and damage to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental craft if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR'S control.

LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated based on time used.

The rules and regulations contained herein and as posted in the office, on the craft and /or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understands said rules and regulations and further assumes the responsibility that his/her family and or guest(s) will obey the rules.

Should any term or condition of Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the unenforceable, then that term shall be deemed severed from this Agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS OF THIS CONTRACT CONTAINS THE ENTIRE
UNDERSTANDING BETWEEN LESSEE AND LESSOR AND NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT. I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH; THAT (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT BY EMAIL.
By checking this box I STATE I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT, FROM THE DATE OF MY SIGNATURE ON THIS FORM, FOREVER INTO THE FUTURE.*

LIABILITY WAIVER AND RELEASE

I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.
I UNDERSTAND THAT THERE ARE INHERIT RISKS INVOLVED WITH JET SKI & WATER SPORTS RECREATIONAL ACTIVITIES, including but not limited to equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions, and I HEREBY ASSUME SUCH RISKS.
Florida Disclaimer - This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by CAPTIVA WATERSPORTS, Inc. *(For purposes of this Waiver and Release, the term "CAPTIVA WATERSPORTS, Inc." includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of CAPTIVA WATERSPORTS, Inc. and is abbreviated "CWS"). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that are inconsistent with this Release.

I assert that I am physically fit to ride on a Jet Ski and/or participate in Water Sports Recreational Activities and I will not hold CWS responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while chartering the equipment or otherwise participating in the trip.

I fully understand that CWS has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.

CWS, have made no representations to me, implied or otherwise, that they or their Employees can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid, I would like assistance and will not hold CWS, or their Employees responsible for their actions in attempting the performance or rescue of first aid.

I agree to forever discharge and release CWS from any and all responsibility or liability for any and all injuries to myself, to others and damages to the property belonging to CWS

I agree NOT to make a claim against or sue CWS for injuries. I further specifically agree, on behalf of myself, and my heirs, to indemnify and hold harmless CWS for any and all causes of action arising as a consequence of any incidents which might occur during my participation in any activities with or involving CWS.
By checking this box I agree I HAVE READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

PARASAILING WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN 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 CAPTIVA WATERSPORTS, INC. USES 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 CAPTIVA WATERSPORTS, INC. 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 CAPTIVA WATERSPORTS, INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
1. Definitions. The person who is participating in parasailing shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean [Insert Name of Company or Companies] or any of [its/their] respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means taking part in parasailing, and using the parasailing facilities for any purpose.

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: water flow, tides, currents, wave action, wakes, collisions with other participants, watercraft and other manmade and natural objects, wind shear, weather conditions, lightning, capsizing, sinking, exposure to elements, drowning, marine life, equipment failure and/or defects, slips, falls, operator error, mental distress from exposure to any of the above; and negligence of others. The Undersigned acknowledge and understand that the description of the risks listed above IS not complete and that participating in the Activity may be dangerous and may include other risks.

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows:

(a) Release. The Undersigned hereby irrevocably and unconditionally release, forever discharge, and agree not to sue or bring any other legal action against the RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.

(b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.

(c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of [Insert State], and the exclusive jurisdiction and venue for any claim arising out of this Agreement shall be the state courts located in [Insert County] County, [Insert State], and Undersigned expressly agree and consent to jurisdiction in said courts; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.
By checking this box I agree I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.
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I, the undersigned parent or legal guardian of the child shown below, HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT(S) AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.on behalf of the Minor(s) named and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child, ALL MINORS LISTED BELOW, and myself.
Name*

First NameLast Name
Minor 1

First NameLast Name
Minor 2

First NameLast Name
Minor 3

First NameLast Name
Minor 4

First NameLast Name
Minor 5

First NameLast Name
Minor 6

First NameLast Name
Parent or Legal Guardian Name

First NameLast Name
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HOW DID YOU HEAR ABOUT US?*

GOOGLE SEARCHTRIP ADVISORGOOGLE ADSWORD OF MOUTHI SAW YOU ON THE BEACHYELPFLYER/BROCHURE/PAMPHLETOther
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CAPTIVA WATERSPORTS

Please provide your information

Please provide your information

INFORMATION ABOUT MINOR CHILDREN IN YOUR CARE

FOR YOUR SAFETY PLEASE READ THESE IMPORTANT INSTRUCTIONS ABOUT RIDING A PERSONAL WATERCRAFT

Participant Safety Briefing Acceptance

Personal Watercraft Rental Agreement

LIABILITY WAIVER AND RELEASE

PARASAILING WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT

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