• PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

  • In consideration of the services of East Coast Jet Ski Adventures D.B.A. Atlantic Jet Ski Rental, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity or on their behalf (hereinafter collectively referred to as "AJSR"), I hereby agree to release, indemnify, and discharge AJSR, on behalf of myself, my spouse, my children, my parents, my relatives, my heirs, assignors, personal representative or estate as follows:

    I acknowledge that my participation in a jet ski tour, jet ski rentals, and boating activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, damage to myself, to property, or to third parties and the possibility of death. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

    THE RISKS INCLUDE, among other things: slip and falls; being struck by equipment during entering and exiting; the forces of nature, including extremes of weather, lightning and rapid weather changes, exposure to sun, strong winds, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; the risk of collision with objects, rocks, wooden logs or other watercraft; crashing; the risk of personal watercraft capsize and entrapment; the risk of prolonged exposure to cold water, hypothermia, cold water shock; accidental drowning; sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; the risk of exposure to insect bites; aggressive and/or poisonous marine life; travel in remote areas; illness in remote areas; wrist, arm, shoulder, and/or back injuries; my own physical

    condition; and the physical exertion associated with these activities.

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    Furthermore, AJSR and their employees will be held from liability if they are misconstrued about your fitness or abilities. You are required to inform an employee of any condition which might affect your ability to perform in this activity. Weather or other environmental conditions are out of the control of AJSR employees and you should use your best judgement when participating in this activity. AJSR is not responsible for equipment malfunctions.

    1. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity.

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    2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AJSR from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of AJSR’s equipment or facilities, INCLUDING ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF AJSR.

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    3. Should AJSR or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

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    4. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical conditions I may have.

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    5. This agreement and its terms or any claims brought against AJSR, I agree to do so solely in the state of South Carolina, and I further agree that the substantive law of South Carolina shall apply.

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    6. 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.

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    By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against East Coast Jet Ski Adventures D.BA.

  • AJSR on the basis of any claim from which I have released herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

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  • PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION

    (Must be completed for participants under the age of 18)

  • ("Minor") being permitted by East Coast Jet Ski Adventures D.B.A. AJSR to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless AJSR from any and all claims which are brought by, or on behalf of Minor and myself, and which are in any way connected with such use or participation by Minor.

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