2021 22' Trifecta LE Tritoon en Lake Havasu City

Our business WAIVER AND RELEASE OF RESPONSIBILITY (Page 1 of 2) DATE:____/____/____ EXPECTED RETURN_______________ ACTUAL_____________________ 1. DISCLAIMER This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by Our business, (for purposes of this Waiver and Release, the term “Our business” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Our business). The undersigned agrees that he/she is also signing this Release on behalf of undersigned's minor children. Renter agrees that he/she will disclose to Our business all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Our business of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of Our business. Initials:_____________________ 2. EXPRESS ASSUMPTION OF RISK The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Our business as his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, death, damage or loss that might result, including but not limited to, risk of injury, illness, death, damage or loss due to collision, fire, carbon monoxide poisoning, drowning, propeller strike, and/or any and all other risks associated with and/or arising out of the use of said rental equipment even if the risks or damages arise out of the negligence or fault of Our business. Initials:______________________ 3. WAIVER/RELEASE OF LIABILITY By the execution of this Release, the undersigned agrees that Our business shall not be liable for any damages arising from personal injuries sustained by the undersigned or any 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 business. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Our business shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Our business shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Our business, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Our business. Initials:______________________ 4. LIABILITY OF THIRD PARTIES The undersigned hereby agrees that he/she will indemnify and hold harmless Our business 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 watercraft including minor children under the undersigned's custody, care and control, as a result of any and all activities and/or risks related to the rental, operation, or use of equipment provided by Our business, even if such damages arise out of the negligence or fault of Our business. Initials:______________________ 5. ACKNOWLEDGMENT OF WAIVER AND RELEASE The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate or use equipment from another rental facility, but has chosen to rent, operate or use equipment from Our business with the knowledge that signing this Release is a requirement for rental, operation and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim again Our business for negligence. Initials:________________ 6. EVER PRESENT DANGERS There are obstacles, both marked and unmarked. The undersigned acknowledges the inherent dangers that exist on the Colorado River. You accept responsibility for any contact with obstacles, and must try to avoid these obstacles. These include, but are not limited to: Other Boats, shallow spots, rocks, river bottom, docks, marinas, floating objects, (ropes, plastic bags, wood, debris) and of course, PEOPLE. The renter accepts responsibility for damage that may arise out of contact with any of these obstacles. Initials:______________________ 7. ACCEPTABLE USE It is the intention of Our business to provide an enjoyable means of recreation. The watercraft may not be used for towing, sub-leasing, racing, or any illegal purpose. Any operator must be 18 years or older. Drivers and passengers are responsible for any fines and penalties due to violations of the law. Any and all charges related to impound or retrieval of the watercraft will be charged to the renter, along with lost rental time. Initials__________ 8. PROHIBITED ACTIVITIES NO SMOKING, NO CONSUMPTION OF ALCOHOL BY OPERATOR, NO PETS. UNDER NO CIRCUMSTANCES SHALL THE WATERCRAFT BE OPERATOED BY AONYONE WHILE INTOXICATED. NO UNSAFE USE OF THE WATERCRAFT. Initials:______________________ 9. UNSAFE USE Our business may, at its sole discretion, determine unsafe use, and may terminate the use of the rental. This may include having over the determined maximum number of people on a watercraft. This may also include endangering passengers, someone being towed, as a skier, or tuber, or endangering other boaters, or people on a dock or along the shore. If the rental is terminated for unsafe use, the undersigned security deposit will NOT be refunded. Initials:______________________ 10. RETURN OF WATERCRAFT The renter shall return the watercraft to Our business free of garbage and debris, and in the same condition as was rented. A fee WILL be assessed for clean up if brought back dirty. Renter is responsible for any damages done while rented. The boat is rented full of gas and should be returned full of gas. There is a gas stations located close to Lake Havasu Marina. Our business may retain the deposit to pay for damages or gas. If the watercraft is returned later than the agreed time, we may retain the deposit, to cover additional time not to exceed the daily rate. You may save some money by calling to alert us as to a time of return. Initials:______________________ Our business may terminate this agreement at any time. Renter has read and fully understands and agrees to all of the terms and conditions and the rules set forth above, without reservations. READ BEFORE SIGNING ____________________________ _________________________ __________________________ RENTER/Operator/Passenger OPERATOR/PASSENGER OPERATOR/PASSENGER __________________________________ ______________________________ ________________________________ OPERATOR/PASSENGER OPERATOR/PASSENGER OPERATOR/PASSENGER Maximum Passengers_________________ Daily Rate______________________ Paid with MC______ VISA______ AMEX______ DISC.______ CASH_______ Amount:_________________________