Personal Watercraft Rental Agreement an Release Waiver

NOTE: If answered “No” to all Past Experience Questions then Reefside Retreat requires a Reefside Retreat Guide to go out with you and show you how to safely operate a Personal Watercraft. Once deemed that you are capable of operation independently, the Guide will return and you can operate the PWC on your own. To have a guide accompany and teach proper PWC technique is an additional fee of $20.00 USD/hour

Pre-Requisites

1)  Renter must sign the release waiver 

2) Renter must be a minimum of 18 years of age to operate Reefside Retreat’s Personal Watercraft, unless otherwise approved by Reefside Retreat personnel.

3) Reefside Retreat requires a $2,500.00 USD preauthorization security deposit for each PWC being rented. Credit cards accepted for preauthorization are Visa, Mastercard, American Express, Discover, unless otherwise approved by Reefside Retreat personnel.

NOTE: In all cases where the PWC has been damaged by the person renting the PWC, they will be financially responsible for all repair cost to restore the PWC back to it’s original operating condition.

4) Rider must not have consumed alcohol or drugs at least 3 hours before operating the PW

Safety

1) Riders must wear a life vest at all times while on the PWC, whether they can swim or not.

2) Rider must securely attach the safety engine shut off cord (lanyard) to life vest during operation of the PWC. This cord will shut off the engine in the case that the rider falls off the PWC.

3) Keep a safe distance away from other boats, swimmers and obstacles and operate the PWC in no less then 3 feet of water at all times.

4) Do not apply throttle when anyone is at the rear of the PWC. Items such as long hair, loose clothing, or life vest straps may become entangled in moving parts and cause serious injury. There is also the possibility of water and/or debris exiting the jet thrust nozzle and cause serious injury.

Important Information

1) Rider is to be alert and aware of obstacles below the water line. Roatan is part of a barrier reef and as such there are many shallow areas that if not properly avoided will result in collision with the reef and possible injury or damage to the PWC.

2) Rider is to remain INSIDE the barrier reef at all times and not take the PWC to open waters. PWC must be operated in no less then 3 feet of water at all times.

3) Rider acknowledges that they are the sole operator of the PWC during the rental period.

IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:

 

Consideration

1. Being of lawful age and in consideration of being permitted to participate in the activity described below, 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 described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.

 

2. The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant signed this Agreement.

 

Details of Activity

3. The Participant will participate in the following activity: Personal Water Craft (PWC) rental at Reefside Retreat

 

Concurrent Release

4. The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant’s spouse, heirs, executors, administrators, legal representatives and assigns.

 

Fitness to Participate

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

 

Full and Final Settlement

6. The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.

 

7. The Participant understands that by signing this Agreement, the Participant agrees to be 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 above noted activity.

 

8. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.

 

9. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.