AQUEOUS JET SURF

Activity & Board Kit Rental Waiver Form

THIS ACTIVITY & RENTAL WAIVER FORM (this "Waiver") dated on {date}.

IN CONSIDERATION of being allowed to participate in the Activity and other good and valuable consideration, the receipt of which is hereby acknowledged, I {FullName} (the "Participant") agree with Aqueous Jet Surf of 50 Carroll St, Toronto, ON M4M 3G3, Canada (the "Activity Provider") to the following:

DETAILS OF ACTIVITY

The Participant will be participating in the following activity: Electric Jetboard Surfing (the "Activity") provided by the Activity Provider.

CONSIDERATION

 Being of lawful age and in consideration of being permitted to participate in the Activity, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives, and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the Activity, and not withstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Activity Provider. 

The Participant understands that the Participant would not be permitted to participate in the Activity unless the Participant signed this Waiver.

CONCURRENT RELEASE

The Participant acknowledges that this Waiver is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant by the Activity Provider, and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives, and assigns.

The Participant is aware of and accepts that the use and performance of the Jetboard with associated equipment is at his own risk. Rented property may only be used in accordance with the sea rules, speed limits and safety rules and other instructions and regulations that the lessor informs about. The lessee is aware of the risks associated with moving the rented property, such as objects on or under the surface of the water, which can cause damage in the event of a collision, both for third parties and for property, other people's or own. By signing this agreement, the lessee waives any claims against the lessor for any personal or property damage. The renter must drive the Jetboard in a responsible and safe manner so that damage does not occur to the driver himself, others or the surroundings. If applicable laws, regulations and the instructor's safety rules are not followed, the current Jetboard will be taken back without refund. The lessor has the right to cancel the drive at any time without refund to the lessee if the lessor judges that the driver's driving does not comply with the restrictions and rules that have been served or when the lessor assesses a risk of danger or damage. The lessee also undertakes through this agreement to be responsible for all costs that the lessor may incur due to the lessee causing damage to the rented property, associated equipment or surroundings, or causing personal or property damage to third parties. The lessee is responsible for participating actively during the review of routines for safety and performance of the Jetboard, and taking advantage of the information shared by the lessor during the review. In the event that the lessee causes or discovers faults or damage to the rental object, the lessor must be notified as soon as possible. 2. When returning the rented object, it must be in the same condition as when it was picked up. The lessor inspects the object to assess its condition before and after completed driving. 3. In the event that the hand control or magnetic leash for the Jetboard is lost or damaged, the driver will be charged $500 CAD and/or $165 CAD for their replacement, respectively. 4. If the Jetboard is damaged in any way so that it cannot be driven or rented out, the lessee is responsible for the replacement of the Jetboard, concurrent with the values as listed on the lessee's web site, AqueousJetSurf.com

FITNESS TO PARTICIPATE

The Participant acknowledges to the Activity Provider that the Participant does not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participant from participating in the Activity.
If required, the Participant will obtain a medical examination and clearance.

Riders are to enjoy their Jetboard by driving in a responsible and safe manner. They must not be under the influence of drugs or alcohol, and are expected to stick to the areas outlined by the instructor while keeping a safe distance from all other vessels and swimmers in the water.

FULL AND FINAL SETTLEMENT

The Participant acknowledges and agrees with the Activity Provider that: (1) the Activity Provider has given the Participant sufficient time to carefully read this Waiver, (2) the Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Waiver, (3) the Participant fully understands the risks and claims that the Participant is waiving to participate in the Activity, (4) the Participant is freely and voluntarily executing this Waiver, and (5) the Participant is forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the Activity.

GOVERNING LAW

This Waiver will be governed by and construed in accordance with the laws of the Province of Ontario.


EMERGENCY CONTACT

{emergencyContact}.


IN WITNESS WHEREOF the Participant has duly affixed their signature on {date}.

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