H20GO EXTREME WAVES AND FUN

A SECURITY DEPOSIT OF $700 WILL BE HELD PER JET SKI RENTED if insurance ($120) was not purchased RENTAL AGREEMENT - WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY I. DISCLAIMER YOU MUST BE 18 YEARS OF AGE OR OLDER TO RENT ANY JET SKI. ANYONE UNDER 18 YEARS OF AGE MAY NOT OPERATE ANY WATERCRAFT AT ANY TIME DURING THIS RENTAL PERIOD. THIS RENTAL AGREEMENT: WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY (“RENTAL AGREEMENT”) IS APPLICABLE TO ALL RENTERS, OPERATORS, PASSENGERS, AND USERS OF EQUIPMENT PROVIDED BY OUR COMPANY* (FOR PURPOSES OF THIS WAIVER AND RELEASE, THE TERM “OUR COMPANY” INCLUDES ALL EMPLOYEES AGENTS, REPRESENTATIVES, SERVANTS, ASSIGNS, SUCCESSORS, INSURERS AND SUBSIDIARIES OF OUR COMPANY). THE UNDERSIGNED AGREES THAT HE/SHE IS ALSO SIGNING THE RELEASE ON BEHALF OF ANY MINOR CHILDREN FOR WHOM HE/SHE IS PARENT, GUARDIAN, OR OTHERWISE RESPONSIBLE FOR CARE, CUSTODY AND CONTROL. RENTER AGREES THAT HE/SHE WILL DISCLOSE TO OUR COMPANY ALL POTENTIAL OPERATORS, PASSENGERS, AND USERS OF SAID RENTAL EQUIPMENT. RENTER FURTHER AGREES THAT IN THE EVENT THAT HE/SHE FAILS TO NOTIFY OUR COMPANY OF ALL POTENTIAL OPERATORS, PASSENGERS, OR USERS OF SAID EQUIPMENT, HE/SHE WILL BE PERSONALLY LIABLE FOR ANY DAMAGES TO THE UNDISCLOSED INDIVIDUAL, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OF FAULT OF OUR COMPANY. WE ARE NOT RESPONSIBLE FOR ANY INJURIES OR DAMAGES TO UNDISCLOSED OPERATORS AND PASSENGERS, AND UNDISCLOSED OPERATORS OR PASSENGERS ARE NOT ALLOWED TO USE ANY WATERCRAFT OR EQUIPMENT OF OUR COMPANY. II. EXPRESS ASSUMPTION OF RISK - CAUTION!! READ BEFORE SIGNING I ACKNOWLEDGE THAT THE OPERATION OR USE OF A WATERCRAFT HAS INHERENT RISKS THAT MAY LEAD TO BODILY INJURY OR DEATH. I FURTHER UNDERSTAND THAT I AM NOT BOUND OR REQUIRED TO PARTICIPATE IN ANY OF THE ACTIVITIES PRESENTED TO ME, BUT HAVE WILLINGLY AND VOLUNTARILY DECIDED TO PARTICIPATE. I HAVE NO HEALTH RESTRICTIONS WHICH WOULD PREVENT ME FROM PARTICIPATING IN ANY ACTIVITIES OR ENTERING INTO THIS AGREEMENT. I REALIZE THAT I AM FREE TO REFUSE TO PARTICIPATE IN ANY OR ALL ACTIVITIES INCLUDING THOSE I FEEL UNCOMFORTABLE WITH OR WHICH I FEEL CANNOT BE COMPLEPTED SAFELY BY ME. I KNOWLINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH THE RENTAL OPERATION, OR USE OF THE WATERCRAFT OR ASSOCIATED RENTAL EQUIPMENT, EVEN IF ARISING FROM THE NEGLIGENCE, ACT, OR OMISSION OF OUR COMPANY AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION. III. RELEASE OF LIABILITY ---CAUTION!! READ BEFORE SIGNING I HEREBY RELEASE AND HOLD HARMLESS OUR COMPANY FROM ALL LIABILITY, CLAIMS, DEMANDS OR CAUSES OF ACTION FOR ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY SUSTAINED BY ME AND/OR ANY MINOR CHILDREN FOR WHOM I AM A PARENT, LEGAL GUARDIAN, OR OTHERWISE RESPONSIBLE, WHETHER CAUSED BY THE NEGLIGENCE OF OUR COMPANY OR OTHERWISE. THIS INCLUDES ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSONS OR PROPERTY INCURRED AS A RESULT OF A HIDDEN, LATENT OR OBVIOUS DEFECT ON THE WATERCRAFT OR ANY OF THE EQUIPMENT USED, OR ANY FAILURE TO PROPERLY INSTRUCT, SUPERVISE OR TRAIN. IV. COVENANT NOT TO SUE ---CAUTION!! READ BEFORE SIGNING AS PART OF THE CONSIDERATION FOR USING THE RENTED EQUIPMENT, I PROMISE NOT TO SUE OR MAKE A CLAIM AGAINST OUR COMPANY FOR ANY DAMAGE OR LOSS SUFFERED AS A RESULT OF MY PARTICIPATION IN THE RENTAL ACTIVITIES. IT IS THE INTENT OF THIS RENTAL AGREEMENT TO FULLY AND COMPLETLEY RELEASE OUR COMPANY FROM ALL CLAIMS. V. LIABILITY TO THIRD PARTIES--- CAUTION!! READ BEFORE SIGNING I AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS OUR COMPANY FOR ALL PERSONAL INJURIES, PROPERTY DAMAGES, OR ANY OTHER DAMAGES TO ANY AND ALL THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OPERATORS AND PASSENGERS OF OTHER WATERCRAFTS AND MINOR CHILDREN UNDER THE UNDERSIGNED’S CUSTODY, CARE, AND CONTROL, AS A RESULT OF ANY AND ALL ACTIVITIES RELATED TO THE RENTAL, OPERATION, OR USE OF EQUIPMENT PROVIDED BY OUR COMPANY EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF OUR COMPANY. VI. RENTERS CONSENT TO PAYMENT OF RENTAL WATERCRAFT LOSSES AND DAMAGES A VALID C CARD NUMBER SHALL BE RETAINED BY OUR COMPANY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID RENTAL WATERCRAFT IN AS GOOD CONDITION AS WHEN RECEIVED BY RENTER. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. RENTER AUTHORIZES OUR COMPANY TO CHARGE RENTERS C CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO RENTERS C CARD, OUR COMPANY IN ITS SOLE DISCRETION, MAY DEMAND THAT RENTER PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS. THE AMOUNT AVAILABLE ON THE BALANCE OF THE C CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR RENTAL CHARGES OWED TO OUR COMPANY BY THE RENTER. RENTER HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE WATERCRAFT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND PROPELLER DAMAGE. AN INSPECTION OF THE WATERCRAFT WILL BE CONDUCTED BY BOTH OUR COMPANY AND RENTER PRIOR TO THE RENTAL PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED BOAT RENTAL AGREEMENT FORM. UPON RETURN OF THE WATERCRAFT, OUR COMPANY WILL CONDUCT A FINAL INSPECTION. RENTER WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE WATERCRAFT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. OUR COMPANY HAS UP TO 48 HOURS AFTER THIS RENTAL & PRIOR TO BEING RENTED AGAIN TO DISCOVER AND INFORM RENTER OF DAMAGE FOUND. RENTER ACKNOWLEDGES AND UNDERSTANDS THAT ALL RENTAL WATERCRAFTS INCLUDE ACCESSORY ITEMS AND ALL MISSOURI AND ILLINOIS DEPARTMENT OF NATURAL RESOURCES REQUIRED EQUIPMENT INCLUDING, BUT NOT LIMITED TO PERSONAL FLOTATION DEVICES, FIRE EXTINGUISHERS, THROW DEVICES, ANCHORS, ETC. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN OUR COMPANY AND THE RENTER PRIOR TO LAUNCHING THE RENTAL WATERCRAFT. BY SIGNING THE INVENTORY LIST, THE RENTER ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE RENTAL WATERCRAFT, OUR COMPANY AND THE RENTER WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE RENTER AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE RENTER WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL RENTAL COMPANY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE RENTER HAS CAUSED DAMAGE TO THE UNIT, OUR COMPANY RESERVES THE RIGHT TO CHARGE THE RENTER’S C CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM OUR COMPANY. RENTER WILL BE RESPONSIBLE FOR ANY REVENUE LOSS DUE TO WATERCRAFT BEING UNRENTABLE DUE TO DAMAGE CAUSED DURING THIS RENTAL PERIOD. VII. GENERAL TERMS AND CONDITIONS I CERTIFY THAT I HAVE RECEIVED ADEQUATE AND PROPER SAFETY AND OPERATIONAL INSTRUCTION FOR THE EQUIPMENT AND WATERCRAFT RENTED FROM OUR COMPANY AND I AM CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF SUCH EQUIPMENT AND WATERCRAFT AND FOLLOWING ALL SAFETY INSTRUCTIONS. I AGREE NOT TO USE NOR PERMIT THE USE OF THE EQUIPMENT (A) FOR ANY UNLAWFUL PURPOSE; (B) IN A CARELESS, RECKLESS, OR NEGLIGENT MANNER; (C) WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS; (D) TO CARRY PASSENGERS OR PROPERTY IN EXCESS OF THE CRAFT’S RATED CAPACITY; (E) IN A RACE OR COMPETITION; OR (D) IN VIOLATION OF THE INSTRUCTIONS I RECEIVED FROM OUR COMPANY. THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES, AND ALL PREVIOUS DISCUSSIONS, UNDERSTANDINGS, REPRESENTATIONS, NEGOTIATIONS, AND AGREEMENTS WITH RESPECT TO THE MATTERS INCLUDED IN THIS AGREEMENT AND MERGED HEREIN. ADDITIONALLY, THE CONSIDERATION RECITED HEREIN IS THE FULL, COMPLETE AND ENTIRE CONSIDERATION FOR THIS AGREEMENT, AND THERE IS NO FURTHER CONSIDERATION TO BE PAID BY ANY PARTY TO ANY OTHER PARTY OTHER THAN AS RECITED HEREIN. IF ANY PROVISION OR PART OF A PROVISION OF THIS AGREEMENT SHALL BE DETERMINED TO BE VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE REMAINDER OF THE AGREEMENT SHALL REMAIN VALID AND ENFORCEABLE BY ANY PARTY. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATES OF MISSOURI AND ILLINOIS IN THE EVENT OUR COMPANY PREVAILS IN ANY LITIGATION OR CLAIM RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED HEREIN, I AGREE TO PAY AND INDEMNIFY OUR COMPANY FOR ITS LITIGATION EXPENSES, INCLUDING REASONABLE LEGAL FEES AND COURT COSTS. I EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS AGREEMENT I HAVE FULLY INFORMED~ MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THE AGREEMENT, AND THAT I HAVE REILED SOLELY ON MY OWN JUDGMENT IN EXECUTING THE DOCUMENT. I HAVE READ THE TERMS OF THIS RENTAL AGREEMENT, WAIVER AND RELEASE OF ALL CLAIMS INCLUDING THE PROVISIONS REGARDING ASSUMPTION OF RISK, RELEASE OF LIABILITY, DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES AND THE COVENANT NOT TO SUE, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS IN CONSIDERATION FOR MY USE OF THE OUR WATERCRAFT AND EQUIPMENT. I ENTER INTO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I AGREE TO ASSUME RESPONSIBILITY, EVEN THOSE RISKS ARISING OUT OF NEGLIGENCE BY OUR COMPANY, OTHER PASSENGERS, RIDERS, AND/OR ALL PARTICIPANTS ON THE WATERCRAFT. MY AND OUR PARTICIPATION IN THE ACTIVITY IS PURELY VOLUNTARY. I ASSUME FULL RESPONSIBILITY FOR MYSELF AND ALL PASSENGERS ON THE WATERCRAFT, INCLUDING ANY MINOR CHILDREN, FOR ANY BODILY INJURY, ACCIDENT, ILLNESS, PARALYSIS, DEATH OR LOSS OF PERSONAL PROPERTY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR OTHER FAULT OF PASSENGERS, RIDERS, GUESTS AND OTHER PASSENGERS ON THE WATERCRAFT AND EVEN IF CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF OUR COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, LEGAL REPRESENTATIVE AND ASSIGNS (COLLECTIVELY THE “RELEASEES”). CAUTION!!! READ THIS ENTIRE DOCUMENT BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND RELEASES ALL LIABILITY AGAINST OUR COMPANY. Cancelation Policy A cancellation received with greater than a 24-hour notice (48-hours during holiday periods), including for personal emergencies, will result in a $50.00 cancellation fee. The cancellation fee will be deducted from the reservation fee. A refund of the balance will be issued to the c card used to secure the reservation. A cancellation received with less than a 24-hour notice (48-hours during holiday periods), or a "no show" including for personal emergencies, will forfeit the entire reservation fee. Cancellation fees will be waived only if the following conditions exist at the time of the rental: heavy rain lasting more than 45 minutes; lightening; tornado warnings; high wind advisories or any condition that OUR COMPANY considers unsafe boating conditions. Safety Rules and Regulations Personal Watercrafts (PWC) are increasingly popular recreational vessels on Missouri and Illinois waters. They are classified by the United States Coast Guard as a "Class A Vessel", which is a motorboat less than 16 feet in length. Inexperienced operators may not always recognize potential dangers and consequently are involved in a high percentage of accidents. To improve and promote safe and responsible boating on the state's waterways, the Missouri and Illinois Natural Resources Police, Missouri State Highway Patrol – Water Division and The U.S. Coast Guard enforces the PWC regulations explained in this agreement. It is important for you to read and understand the regulations explained in this agreement and other materials before operating a PWC. You must be 18 or over to rent a personal watercraft Fast Facts • PWC’s have no brakes. Allow long distances for stopping. • No Throttle-no steerage. You must maintain some throttle to maneuver. • Remember the 100-foot rule. Most PWC accidents are collisions. Stay at least 100 feet from everything. • Avoid tunnel syndrome. Don't just look forward, continually look to both sides and behind while riding. • If you were born after January 1, 1984, you must carry with you a certificate of boating safety education if boating in the State of Missouri • Everyone on board must wear a US Coast Guard approved personal flotation device. • You can only operate between the hours of sunrise and sunset. • Your watercraft must be equipped with a self-circling device or engine cut-off switch, which has not been altered in any way. The operator of the craft must wear the cut-off lanyard at all times. • You cannot operate at a speed greater than 6 knots when within 100 feet of another PWC, other boats, a wharf, pier, piling, bridge structure, abutment or people in the water. • You cannot refuel the watercraft while a person is aboard. • Negligent operation is not permitted. (See pg. 8) Age Requirements YOU MUST BE 18 YEARS OF AGE OR OLDER TO OPERATE OUR PERSONAL WATERCRAFTS AND MUST POSSESS A CURRENT VALID DRIVER’S LICENSE!!! In addition, passing an approved boating safety course is required for all persons born after January 1, 1984, in order to operate any boating vessels in Missouri. You may not operate a PWC in any of the following negligent manners: (Any violation will result in termination of rental time with no refund) • Operating a personal watercraft under the influence of drugs or alcohol • Jumping or attempting to jump the wake of another vessel within 100 feet of that vessel • Riding backwards and/or standing on the seat of the craft while riding • Weaving through and recklessly operating in areas of congestion • Speeding in restricted areas such as marinas, no wake zones, environmentally sensitive areas or operating in a manner that endangers the life, limb or property of any person, including the operator. (i.e. splashing other PWC’s or swimmers, buzzing piers and other boaters, etc.) •Operating a personal watercraft between the hours of sunset and sunrise • Allowing children under the age of 6 to ride behind an adult • Operating a personal watercraft without a life jacket or kill switch attached • Exceeding the number of people or weight limits listed on the capacity plate • Littering •Operating a personal watercraft outside the designated boundary area • Operating a personal watercraft in a circular course around fishermen or swimmers • Moor or attach to any buoy, beacon, light marker, stake, flag or other aid to safe operation, or to move, remove or, displace, tamper with, damage or destroy the same •Anchoring in the traveled portion of any river or channel so as to prevent, impede, or interfere with safe passage of any other boat through the same area •Operating a personal watercraft within an area designated as bathing, fishing, swimming, or otherwise restricted • Engaging in water skiing, surfboarding or other similar activity •Swimming or diving within two hundred yards of any sight-seeing or excursion boat except for maintenance purposes or unless within an enclosed area •Operating within 50 feet of a "Diver Down Flag" or operate a boat within 150 feet of a "Diver Down Flag" except at Headway/Steerage Speed •Fueling the watercraft with any person aboard • Failing to comply with the U.S. Coast Guard Inland Rules of the Road