Black and Red Electric Fantail 100% Electric Boat in Norfolk, Virginia

Location type: Marina slip **Waiver and Release of Liability Assumption of Risk and Indemnity Terms** IMPORTANT NOTICE: Please carefully read the following waiver and release of liability terms that govern all dealings between you and the Rental Company, which also affect your legal rights, and are binding on you to the full extent permitted by law, particularly: ● Section I as to express assumption of risk ● Section II governing release of liability ● Section III which contains important terms, conditions, policies, procedures, and requirements and identifying the place for suit and waiver of jury trial. ● Section IV which contains details of inherent danger **I. Express Assumption Of Risk - Caution!!** PLEASE READ BEFORE ELECTRONICALLY SIGNING ● I acknowledge that the operation or use of watercraft and/or rental equipment 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 I have knowingly, willingly and voluntarily decided to participate. ● 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 completed safely by me. i knowingly, willingly, and voluntarily assume all risk of injury, illness, death, 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 rental company, and assume full responsibility for my participation. **II. Release/Covenant Not To Sue - Caution!!** PLEASE READ BEFORE ELECTRONICALLY SIGNING I hereby release and hold harmless Rental 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, any lessee, and/or any minor children for whom I am a parent, legal guardian, or otherwise responsible, whether caused by the negligence of rental company or otherwise. This includes any injury, disability, death, or loss or damage to person or property sustained 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. As part of the consideration for using the equipment, I and lessee promise not to sue or make a claim against rental company for any damage or loss suffered as a result of my participation in the rental activities and/or use of the rental equipment. It is the intent of this rental agreement to fully and completely release rental company from all liability to the extent permitted by law. **III. Indemnity / Liability To Third Parties** PLEASE READ BEFORE ELECTRONICALLY SIGNING I and all other lessee(s) agree that I and they will defend, indemnify and hold harmless Rental Company for all personal injuries, property damages, or any other damages to each other and to any and all third parties, including, but not limited to, lessee, operators and riders of rented or other watercraft 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 rented watercraft and equipment provided by rental company, even if such damages arise out of the negligence or fault of rental company. Furthermore, the rules and regulations contained herein as well as those also supplied to LESSOR and those available or posted on its website, the office, on the craft, and/or on the grounds by the LESSOR are for the safety and welfare of all who use the facilities and incorporated here by reference. The LESSEE certifies that LESSEE and all those involved in the rental have read and understand said rules and regulations, agreed to them, and further assumes the responsibility to see that all family and/or guests will obey the rules and regulations. **IV. Inherent Danger** The LESSEE understands and agrees that crafts and their operation as well as use of equipment is an inherently dangerous activity. Some of the risks include, but are not limited to: collision, allision, falling overboard, drowning, hypothermia, broken bones, bruises, propeller strike, loss of limbs, paralysis, and death, among others. The LESSEE certifies that LESSEE understands the rules and regulations for the safe operation of crafts and related equipment. Furthermore, by electronically signing this agreement, LESSEE acknowledges that water sports entail known and unanticipated risks which could result in personal physical or emotional injuries, paralysis, death or damages to the participant, to property or to third parties. In engaging in this rental, those electronically signing acknowledge his/her/their understanding that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. These risks include as noted above, but are not limited to, bodily injury, death, dismemberment, from among other causes impact with water, other vehicles or participant’s own equipment, open water, cold water, wind, waves, currents, unpredictable weather and environmental conditions, obstacles on shore or in water (natural or manmade), wildlife (animals, birds, fish etc.) and plants, negligence caused by those participating in the activity or third parties. The LESSEE(S) represent they are familiar with and will comply with all Virginia and United States Coast Guard safety/navigational rules and regulations for boating on the waterways on which they intend to use the rented vessel. Accordingly, LESSEE, including all additional lessee(s), assumes the risk of injury, death, illness or other loss, and agrees that in no event is LESSOR liable. **Hold Harmless And Indemnity** The LESSEE hereby agrees to bind LESSEE, LESSEE’s heirs, personal representatives, principals, agents, and assigns and hereby releases and discharges LESSOR, its owners, officers, affiliates, employees, agents, and assigns from any and all claims, loss, costs, damages, expenses, actions, judgments, and attorney fees, which the LESSEE or the LESSEE’s heirs, passengers, guests, personal representatives or assigns may or have, or claim to or will have, including but not limited to, for negligence of the LESSOR, its owners, officers, affiliates, employees, agents, and assigns, created by or arising from any instruction (or lack thereof), inspection, provisioning, use, operation, entrustment, handling, or transportation of the water craft and/or equipment by the LESSEE or anyone else. LESSEE further agrees to DEFEND, INDEMNIFY AND HOLD HARMLESS the LESSOR, its owners, officers, affiliates, employees, agents, and assigns, from and against any and all loss, disputes, claims for loss of/or damage to property or injury to persons (including death), fines, penalties, liabilities, charges or expenses of any nature whatsoever resulting through or which are created or arise out of the rental, use, operation or possession of the craft or equipment and/or relating to or arising from being on or at the premises of LESSOR. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE’S personal property while carried in or on the craft, including loss or damage caused by fire, water, theft or any other cause whatsoever. LESSEE also expressly agrees to defend, indemnify and hold LESSOR, including but not limited to its owners, officers, affiliates, employees, agents, and assigns, harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing Rental Agreement by LESSOR, including but not limited to, expenses incurred to enforce this agreement, in collection or attempting to collect delinquent rent and in the event of a suit by LESSOR to recover possession of the craft and/or to enforce any of the terms, conditions and/or provisions hereof. The LESSEE agrees to pay all claims brought by third parties resulting from the operation and/or use of the craft and/or equipment, including LESSOR’s attorney fees and other costs. **COVID-19 & Virus Release** LESSOR cannot guarantee that LESSEE will not become infected with COVID-19 or other illness while at the rental facility or during the rental period. By signing this Agreement, LESSEE acknowledges the contagious nature of COVID-19, as well as other viruses, bacteria, amoebas, pathogens, chemicals, toxins, and/or parasites, and voluntarily assumes the risk that anyone using the water craft or equipment may be exposed to illnesses and that such exposure may result in personal injury, further illness, permanent disability or death. Notwithstanding such risk, LESSOR voluntarily agrees to assume them by using the rented water craft and equipment consistent with this Agreement, and hereby releases and hold harmless LESSOR, its employees, and contractors, from any and all claims, liability, or damages in connection with COVID-19 or other exposure, EVEN IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF LESSOR. LESSEE agrees and stipulates that no contract of carriage is created by this agreement or otherwise and that the watercraft is not being used to transport passengers between ports in the United States. LESSEE further knowingly, willingly, and voluntarily waives the provisions of 46 U.S.C. § 30509 and stipulates it shall not apply to the rental or in any and all proceedings. LESSEE, all those aboard the watercraft, and all those participating in the charter in any way, agree and stipulate that none are “passengers” as defined by 46 U.S.C. § 2101(29)(A) and further agree and stipulate that all involved in the rental are individual charterers or individual charter representative(s) of the charterer as defined by Section 2101. It is further understood and agreed that venue of any dispute or action arising under this Agreement or the rental and any and all claims or disputes shall be litigated in and before the United States District Court for the Eastern District of Virginia, to the exclusion of any other fora or venue and to the exclusion of the courts of any other state, city, municipality, county or locale, except if there is not a basis for federal jurisdiction, then in Norfolk, Virginia. LESSEE consents to jurisdiction and waives any objection that may be available to any such action being brought in such courts. **Claims for Injury, Illness or Death** In cases involving claims for Emotional Harm, bodily injury, illness to or death of any LESSOR, no lawsuit may be brought against RENTAL COMPANY unless (1) written notice giving full particulars of the claim is delivered to RENTAL COMPANY within 6 months from the date of the Emotional Harm, bodily injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness, death, and (3) valid service of the lawsuit is made within 90 days of filing the complaint. **All Other Claims** No claim of any kind, including without limitation alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this Rental Agreement or the rental shall be brought against RENTAL COMPANY unless (1) written notice giving full particulars of the claim is delivered to the RENTAL COMPANY within 15 days of the rental, (2) legal action on such claim is commenced within 1 year from such scheduled termination date, and (3) valid service of any such action is effected upon RENTAL COMPANY within 90 days after commencement of the action. **1. Jury Waiver:** All parties to this Agreement hereby and forever waive the right to have a jury trial. In the event Rental Company prevails in any dispute, litigation or claim relating to the enforcement of the provisions contained herein, Lessee agrees to pay and indemnify Rental Company for its litigation expenses, including reasonable legal fees and court costs. **2. Severability:** The parties agree that the terms of this Agreement are arrived at through mutual agreement and negotiation, with the ability to change such terms should all parties agree, and that they do not involve important public safety interests, but relate only to the parties’ private and voluntary interests. Should any item or condition of this Agreement be held void or unenforceable, then that item shall be deemed severed from this agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect. Lessee has read the terms of this Agreement, including the provisions regarding Assumption of Risk, Release and Covenant Not to Sue, and Indemnity, and by agreeing to these terms, each understand that Lessee is giving up substantial rights in consideration for use of Rental Company’s watercraft and equipment. As a Lessee, it is agreed that this Agreement is entered into willingly, freely and voluntarily. PLEASE READ ENTIRE DOCUMENT BEFORE ELECTRONICALLY SIGNING By Electronically Signing, You Agree On Behalf Of Yourself And All Others In Your Party To The Terms Of This Document, You Agree That It Affects Your And Their Legal Rights, And You Knowingly, Willingly & Voluntarily Release All Liability Against Rental Company **Applicable Law, Venue & Time Limitations** This waiver shall be governed by and construed under general maritime law and the Shipowner’s Limitation of Liability Act (“LOLA”), 46 U.S.C. §§ 30505 et seq., including but not limited to, capping any claim for loss or damages, however pleaded or styled, to the value of the vessel. Cancellation policy - Free cancellations until 5 days before the booking start time. - 50% refund for cancellations between 3-5 days before the booking start time. - Cancellations within 2 days of the booking start time are non-refundable.