WATERSPORTS EQUPIMENT RENTAL AGREEMENT

This agreement is between Kiteboarding, Inc., Jupiter Watersports, herein called LESSOR and the undersigned herein called RENTER.

I represent and agree as follows:

1. RENTER assumes full responsibility for the equipment listed on this Rental Agreement and the associated accessories.
2. RENTER agrees to obey all state and local boating regulations, and all lawful directives from appropriate emergency or law enforcement personnel, while operating or rental equipment. In the event of a citation for violation of these rules, the RENTER shall be solely responsible. RENTER agrees to notify LESSOR of any incidents or injuries that occur with the rental gear.
3. RENTER represents that he or she is capable of operating the equipment and finds it in good working order, condition, and repair.
4. RENTER shall bear all risk of damage or loss of the equipment, or any portion thereof, including but not limited to damage and theft, and shall pay LESSOR the cost of repair or replacement. RENTER hereby authorizes LESSOR to charge the credit card taken during the reservation process for the cost of repair or replacement in the event of but not limited to damage, loss, or theft of the equipment.
5. RENTER understands that he or she is liable for all dirty, damaged, lost, or stolen equipment and any fees associated with the listed equipment, and that all equipment must be returned in good condition as determined by LESSOR.
6. RENTER understands that he or she is responsible for returning the listed equipment at the agreed time on the due date of the rental as shown on the Rental Agreement, and that a late fee will be charged for items that are past due.
7. RENTER agrees that it is his or her responsibility to ensure proper transportation of the equipment on his or her vehicle and must be transported using proper restraint devices.
8. RENTER releases LESSOR from all liability for any assistance provided in loading or securing equipment.
9. RENTER releases LESSOR from all liability for any damage that may occur to RENTER’s vehicle while loading, unloading, or transporting the Equipment.
10. RECOGNITION OF RISK: RENTER expressly acknowledges that all watersport activities have inherent risks of injury to persons and property. RENTER is aware of those risks and understands them. RENTER acknowledges that United States Coast Guard regulations stipulate that all paddlers are required to have a US Coast Guard approved Personal Floatation Device (PFD) and that LESSOR requires all RENTERS to wear an approved PFD at all times while on the water. RENTER understands that use of a Personal Floatation Device does not remove all risks of injury, nor does it make watersport activities considered as safe. RENTER alone has determined the sufficiency of any safety gear or other precautions that the RENTER decides to take to minimize the risks of the activity. No party related to the LESSOR, including owners and employees, and its agents, has made any representation regarding the safety of, or the risks of the activity. RENTER expressly assumes the risks of the activity. RENTER understands the dangers of boating on tidal or fresh water and understands that weather can play a factor in boating safety and that such activities are subject to the unpredictable forces of nature.
11. RELEASE OF LIABILITY: RENTER hereby releases LESSOR, its agents, contractors, employees, owners Kiteboarding, Inc., Jupiter Watersports from liability for negligence and holds harmless the LESSOR, its agents, contractors, employees, owners from any loss, expense, or cost, including attorney fees, arising out of damages or injuries, whether to persons or property, including those not listed on this agreement, occurring as a result of the rental or use of said equipment.
12. This agreement constitutes the entire agreement between LESSOR and RENTER and no term may be waived or modified, including any provision against oral modification, except in writing signed by both parties. There are no warranties, expressed or implied, by LESSOR to RENTER, except as contained herein, and LESSOR shall not be liable for any loss or injury to RENTER nor to anyone else, of any kind or however caused. This agreement is one of bailment only and RENTER is not LESSOR’s agent while using said equipment. The laws of the State of Florida shall govern this agreement.
13. I have read this agreement and understand it, and I sign it of my own free will. I am aware that this includes a release of liability and is binding on me, heirs, executors, administrators and assigns, or any person claiming by or through me. References to "I" shall include family members.

Kiteboarding, Inc. DBA Jupiter Watersports WAIVER

SPORT PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Please read and be certain you understand the implications of signing. By signing below, you are confirming your agreement and understanding of what is stated below.

Express Assumption of Risk Associated with Sport, Venue Use and Related Activities.

I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with all watersport activities, transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage. Inherent hazards and risks include but are not limited to:

1. Risk of injury from the activity and equipment utilized is significant including the potential for broken bones, severe injuries to the head, neck, back and/or surfers' myelopathy, drowning, or other bodily injuries that my result in permanent disability or death.
2. Possible equipment failure and/or malfunction or misuse of my own or others' equipment, which may result in injury, including those injuries described above.
3. I AGREE THAT I WILL WEAR APPROVED PROTECTIVE GEAR AS DECREED BY THE GOVERNING BODY OF THE SPORT I AM PARTICIPATING IN. However, I understand that protective gear cannot guarantee the participant's safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to: the wearer's face, neck or spinal cord or from surfers' myelopathy.
4. Variation in terrain, wind, temperature, and water conditions, including but not limited to waves, currents, shore break, tides, marine life, blowing sand, trees, rocks, other persons and their equipment, and other natural and man-made hazards.
5. My own negligence and/or the negligence of others, including but not limited to operator error and instructor/guide decision-making including misjudging ocean conditions, weather, equipment, or obstacles.
6. Exposure to the elements and temperature extremes may result in heat exhaustion, heat stroke, sunburn, hypothermia, and dehydration.
7. Dangers associated with exposure to natural elements included but not limited to tsunami, hurricane, inclement weather, thunder, and lightning, severe and/or varied winds, temperature, sea conditions and marine life.
8. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
9. Impact or collision with other participants, athletes, spectators, employees, pedestrians, motor vehicles, and cyclists.*I understand the description of these risks is not complete and unknown or unanticipated risks may result in injury, illness, or death.Release of Liability, Waiver of Claims and Indemnity Agreement
   
   In consideration for being permitted to participate in the above described activity(ies) and related activities, I hereby agree, acknowledge and appreciate that:
10. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees.
    Kiteboarding, Inc., DBA Jupiter Watersports. I agree to release the releasees, their officers, directors, employees, representatives, agents, and volunteers from any and all liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.
11. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
12. This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY ACCEPTING THIS DISCLAIMER FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.