READ THE FULL CONTENT OF THIS AGREEMENT BEFORE SIGNING THIS DOCUMENT
WATERCRAFT RENTAL AGREEMENT
1. The LESEE acknowledges he/she has carefully examined the watercraft and finds it suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both watercraft and equipment in a safe, dependable condition while in his/her custody.
2. Cash bond deposit (as provided in the statement of charges) shall be retained by the LESSOR as partial compensation for failing to return said rental watercraft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of the watercraft by LESSEE. Retention of the cash bond deposit shall be in addition to, and not exclusion of, any other remedies LESSOR may have at law.
3. LESEE agrees not use, nor permits the use:
a. of the rental watercraft for any unlawful purpose;
b. of the rental watercraft in a careless reckless, or negligent manner,
c. of the rental watercraft while under the influence of liquor and/or narcotics;
d. by any other person who is not an AUTHORIZED OPERATOR under this agreement.
Reckless operation of a watercraft shall include but not be limited to:
a. Weaving through congested traffic;
b. Jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around other vessel is obstructed or restricted.
c. Becoming airborne or completely leaving the water while crossing the wake of another vessel within 100 feet of the vessel creating the wake;
d. Operating a greater than slow/no wake speed within 100 feet of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim area, swimmer, surfers, persons engaged in angling, or any manually powered vessel;
e. Operating contrary to navigation rule including following too closely to another vessel, including another personal watercraft. “Following too closely” shall be construed as proceeding the same direction and operating at a speed in excess of 10mph within 100 feet to the rear or 50 feet to the side of another vessel which is underway, unless said vessels are operating in a narrow channel, in which case personal watercraft may operate at the speed and flow of the other vessel traffic within the channel.
4. LESSEE acknowledges his/her responsibility for the safe and proper operation of the watercraft and for the safety and welfare of other boaters and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental watercraft. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental watercraft. LESSEE further agrees to hold LESSOR harmless should loss or damage caused by fire, water, and theft or any other cause whatsoever.
5. LESSEE expressly agrees indemnify and hold LESSOR harmless or, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of the forgoing rental contract by LESSOR, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that in lieu of any action hereunder shall be in the county of LESSOR.
6. In the event of malfunction, breakdown or if any defect is discovered after acceptance of the rental watercraft, the LESSEE will immediately report same to LESSOR. Continued use of it shall be entirely at the LESSEE’s risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use.
7. LESSOR’s ability to provide a rental watercraft, if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR’S control.
8. LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather.
9. The rules and regulations contained herein and as posted in the office, on the watercraft, and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The 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.
I further agree (continued from the previous pages of this agreement):
10. Should any term or conditions of this Rental Agreement be held void or unenforceable, then that term 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.
11. THE TERMS AND CONDITIONS OF THE ABOVE PAGES OF THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT- NO OTHER REPRESENTATION OR INDUCEMENT, VERBALOR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT.
SAFETY RULES RENTAL AGREEMENT
1. Always start up the watercraft (for a maximum of 10 seconds) before backing the craft into the water. Do the same at the end of the day when you have removed the watercraft from the water on the trailer. This will blow out any water that is left in the exhaust system. Not doing so may cause water from the exhaust pipe to bounce into the motor while driving the watercraft back on the trailer. Water getting into the motor can cause irreversible damage and a MINIMUM CHARGE of $250.
2. Always check that the drain plugs are in before backing watercraft into the water.
3. Always check that the watercraft has the appropriate amount of fuel before backing watercraft into the water.
4. All watercraft riders and operator(s) must wear a Personal Floatation Device (PFD) at all times.
5. Keep lanyard securely attached to your wrist or personal flotation device (PFD) at all times.
6. Never start or ride the watercraft in water less than 3 ½ feet deep. When approaching the shoreline, shut the watercraft off in waist deep water. You can get off and walk the watercraft to the shore. Not applying to these rules can result in the watercraft sucking up rocks and debris into the impeller and jet pump system. This will cause a MINIMUM of $500 in damages. You will still be responsible for all rental fees if watercraft becomes inoperable due to jet pump damage. In the event that a watercraft cannot be started after sucking up debris, please contact us immediately.
7. In the event that a watercraft is flipped over or takes on water from drain plugs not being installed, there is a MINIMUM CHARGE of $250 to purge the water from the motor and watercraft. Please contact us immediately if the watercraft will not start after flipping or sinking. Not getting the watercraft started immediately can cause irreversible damage to the motor and electrical system.
8. Orange County Jet Ski Rentals is not responsible for rentals being denied entry into a “DRY” lake.
9. Lost DESS lanyards have a MINIMUM CHARGE of $75. Non DESS Lanyards are $40.
10. Lost Personal Floatation Devices (PFD’s) have a MINIMUM CHARGE of $35.
11. Shall a watercraft become inoperable due to error of the lessee or addition signed parties, the lessee is still responsible for the remainder of the rental plus damages.
12. Know your vessel’s capacity – don't overload.
13. Stay alert and be aware of your surroundings. Constantly look in all directions for skiers, divers, swimmers and other boats or watercraft.
14. Keep a safe distance! Avoid wake jumping, splashing and passing close to any other vessels.
15. Know the waters you will be operating in and observe all applicable federal, state and local boating laws.
16. Stay clear of all restricted areas. And obey ALL posted signs, such as "NO WAKE," "RIGHT OF WAY," "IDLE" and other navigation signs.
17. Never consume alcohol or drugs before or while operating the rented watercraft.
18. All operators must be of legal age to operate the craft you will be riding.
19. Always operate at a safe speed and be prepared to stop or alter course in emergencies. Ride within your limits, and allow sufficient distance to stop.
20. Whether you're heading in or out, always maintain a slow speed until you're in a clear area, away from shore.
21. Know and understand right-of-way rules.
22. Remember you need throttle power to steer and there are no brakes.
23. Stay in sight of shore, but avoid operating too close to residential and congested areas. Be considerate of others who share the waterways.
24. Trailer – My Tow vehicle is licensed and insured and I will obey all towing laws. I am aware that the towing speed limit is 55mph and I have to stay in the right 2 lanes. I am responsible for all tickets that I receive while towing the rented watercraft.
I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITION AS SET FORTH ON ALL PAGES’ THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.