PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Music City Exotic Jet Cars, LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Music City Exotic Jet Cars, LLC"), I hereby agree to release, indemnify, and discharge Music City Exotic Jet Cars, LLC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in Jetcar boat rentals, Personal Watercraft and Boating activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, 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 and falls; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; collision with fixed or movable objects, vehicles, or other watercraft; boat capsize and entrapment; accidental drowning; water craft are slippery when wet and accidents can occur getting in or out; the forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, 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, and hazardous plant life; aggressive and/or poisonous marine life; major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken
bones, fractures, musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; equipment failure and/or operator error; the negligence of other visitors, participants, or other persons who may be present;
improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity; transmissible pathogen or disease; traveling to and from activity locations raises the possibility of any manner of transportation accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered.
Furthermore, Music City Exotic Jet Cars, LLC personnel have difficult jobs 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.

2. 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.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Music City Exotic Jet Cars, LLC 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 MUSIC CITY EXOTIC JET CARS, LLC’s equipment or facilities, including any such claims which allege negligent acts or omissions of Music City Exotic Jet Cars, LLC.

4. Should Music City Exotic Jet Cars, LLC or anyone acting on their behalf, be required to incur lawyer's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. 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 condition I may have.

6. In the event that I file a lawsuit against Music City Exotic Jet Cars, LLC, I agree to do so solely in the state of Florida, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that that state. 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.

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 Music City Exotic Jet Cars, LLC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at Music City Exotic Jet Cars, LLC. 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.

We want you to have a great experience with us. However, for your protection and ours, you must read and agree to the provisions below before you are authorized to use our facilities and/or services. The different activities that are offered entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. If you are unable or unwilling to sign this Waiver and Release, you are welcome to enjoy yourself by watching others, but we cannot allow you to personally participate in any of our activities or actively use our facilities and/or services.

This craft rental agreement (this “Agreement”)

Is made effective __________________ between

Music City Exotic Jet Cars, LLC. (the lessor) and,

______________________(the “Lessee”) Who both agree to the following)

RENT AT OWN RISK

 

PAYMENT: Payment in full in the amount of $____________ (the "Rental Payment")(merchandise, damage will be charged after) shall be executed before the beginning of the Rental

SECURITY DEPOSIT: In addition to the Rental Payment, Lessee shall pay a minimum $600.00 security deposit concurrently with signing of this Agreement .Security deposit will be reimbursed to the Lessee once the Craft is returned to Lessor, less any expenses incurred to retrieve the Craft and /or to repair the Craft in the event any damage is caused to the Craft during the Rental Period. Should damages exceed the minimum $600 deposit, Lessee agrees to make Payment in full immediately. Music City Exotic Jet Cars, LLC can provide an itemized repair bill upon request. This security deposit shall not bear interest. Lessee has inspected Craft for prior damage and made Lessor aware of any damage in writing and totally agrees to his/her responsibility to pay for any new damage occur during Rental Period

INHERENT DANGER: Lessee understands and agrees that the Craft  written permission from Lessor and likewise instruction on the rules and regulations for safe operation of the craft.

AGE: Lessee shall provide evidence that he/she is at least eighteen (18) years of age and younger than sixty five (65).

HEALTH OF LESSEE: Lessee certifies that he/she is in good health, has no physical defects that may be of danger to themselves or anyone else and he/she is capable of safe operation of the Craft. Furthermore, Lessee certifies that they are NOT pregnant and that they are NOT under the influence of alcohol or drugs (legal or otherwise) and will remain so during the Rental

CARE AND OPERATION: Lessee agrees to keep the custody of the Craft at all time during the Rental Period and to operate the Craft only in a careful and proper manner, and to obey and comply with all laws and regulations for craft operation. Lessee shall also obey and comply with an and all instructions provided, Verbally or in writing by the tour guide if any.The lessee will be fully responsible for any tickets received during the rental period. Note: Tour guides are NOT responsible for any actions taken by Lessee causing damages to their Craft or anyone else property. Lessor could cancel the service if the Lessee does not obey and comply with the instructions provided.

WARRANTY: Lessor provides no warranties of any kind whatsoever express or implied, as to the Craft, its accessory equipment or the guided tour. if any Lessee assumes the rescensibility for the condition of the Craft.

RISK OF LOSS OR DAMAGE: Lessee assumes all risks of loss or damage that may occur to the Craft arising from any cause whatsoever, and agrees to return the Craft in the exact condition it was when taken from Lessor. With the exception of normal wear and tear. Lessee agrees to return the Craft on or before the expiration of the Rental Period in the same condition it was at the beginning of Rental Period. ESCEPT AS FOLLOW:

· If the craft is damaged or lost Lessor shall have the option of requiring the Lessee to assume all costs for the repair of the accessory equipment or the Craft, as the case may be, or to replace the Craft or equipment with a similar, craft or equipment in a similar working condition.

LESSEE agrees to use the Craft in conformity with Lessor directives, written and verbal, and not to use, nor permit the use:

a.         of the Craft for any unlawful purpose

b.         of the Craft in a careless or negligent manner.

c.         of the Craft while under the influence of alcohol and or narcotics

d.         by any other person than the Lessee unless approved in writing by Lessor.

LESSEE'S RESPONSIBILITY: Lessee hereby accepts to be responsible at all times if he/she omits to assure the safe and proper operation of the Craft and the safety and welfare of other craft operators and persons. It is AGREED AND UNDERSTOOD BY LESSEE that Lessor, and the tour guide if any, shall not be held liable for injuries, loss, damages, inconvenience or time lost by accident, breakdown or malfunction of the Craft while rented craft used in a guided tour. LESSEE FURTHER AGREES AND UNDERSTAND that Tour Guide if any is a tour guide only and will not have any control of Lessees decisions, actions and reactions. Further Agrees and understand that Tour Guide will not have any contact of the Lessee craft.

 

MISCELLANEOUS: Lessor reserves the right to cancel this Agreement due to inclement or impending bad weather. Rental Payment will be prorated based on the time used. The rules and regulations as posted in the office and/or on the Craft are for the safety and welfare of every user(s) of the Craft.Lessee certifies that he/she has read and understands said rules and regulations and further assumes the responsibility to see that his/her family and or guest(s) will obey the rules and regulations and any and all obligations arising from this Agreement

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAIN THE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT WHICH MAY CONTRAVENE OR BE IN CONTRADICTION WITH THE TERMS OF THIS CONTRACT, ORAL OR WRITTEN,HAS BEEN MADE BETWEEN LESSEE AND LESSOR.

PARTS LIST-

EXOTIC JETCAR– complete              $50,000                          

Fiberglass repair                             $280 per inch

Stern (back)                                   $4500       

Towing due to an accident                $450

Bow (front)                                     $5000        

Running ground                               $1500+ damages if any

Scratches (sides,front,rear)              $600 each side     

Search and Rescue                          $120 per ½ hour

Hood                                              $2500                                               

Flipped JetCar (total loss)                $50,000

Comparment Lock                           $70

JetCar down time: $1000 per day

Mirror                                             $160 (each)                 

Lanyard/Key                                    $650

*Rates above included parts and labor.                       

We ask all customers to inspect their assigned JetCAR for any unmarked damages and Ask the instructors to make a note if any unmarked damages found prior to departure rates above are based on minimum cost.Lessor reserves the right to add any additional cost to complete all repairs for up to 90 days from the date of the rental.

THIS SERVES AS AN ITEMIZED RECEIPT (copy can be provided upon request)
Retain Deposit amount: $600 per JetCar.

I/we Lessees agrees/understand in advance that my/our Credit Card will be charged immediately for the initial damages I/we caused to the JetCAR during my/our Rental Period based on the Standard Damage Schedule.I/we Lessees agrees/understand in advance that my/our Credit Card will be charged for any additional cost to complete all repairs for up to 90 days from the date of the rental. Further, I understand and agree not to dispute any charges from Music City Exotic Jet Cars, LLC.

 

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 MUSIC CITY EXOTIC JET CARS, LLC 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 MUSIC CITY EXOTIC JET CARS, LLC 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 MUSIC CITY EXOTIC JET CARS, LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.  

1.    I recognize and agree that: all risks can never be eliminated, and participating in the activities at MUSIC CITY EXOTIC JET CARS, LLC involves inherent danger and potential risk of both minor and serious, temporary and permanent, bodily injury of any and all kinds, both caused by me and/or by others.  In signing this release, I assume all risk for, and financial cost of, any and all injuries, and/or any damage, to my child/children.   

 

2.    On behalf of my minor child/children I fully, and forever waive, release and discharge MUSIC CITY EXOTIC JET CARS, LLC and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, firms, corporations, associations or partnerships claiming by or through them, from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, and exemplary), liability or obligations of any nature or kind, whether known at the time or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with me or my child’s activities with or at MUSIC CITY EXOTIC JET CARS, LLC including claims involving their own negligence.   

 

3.    I agree to indemnify and hold harmless MUSIC CITY EXOTIC JET CARS, LLC and its individual managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, corporations, or partnerships claiming by or through them, from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or judgments directly or indirectly arising out of, or relating to, my child’s/children’s participation in any activities at MUSIC CITY EXOTIC JET CARS, LLC, including for claims alleging MUSIC CITY EXOTIC JET CARS, LLC own negligence.  

 

4.    I understand that this agreement extends forever into the future and will have full force and legal effect each and every time my child/children visit MUSIC CITY EXOTIC JET CARS, LLC whether at the current location or any other location or facility.

 

I have read the MUSIC CITY EXOTIC JET CARS, LLC Waiver and Release from any Claim of Responsibility or Damage and agree to all conditions.