Amphibious Powersports

Rental Agreement

    Rental, Waiver and Release of Liability Agreement
    PLEASE READ CAREFULLY BEFORE SIGNING
    NOTE: This Rental, Waiver and Release of Liability Agreement is intended to be a legally binding document. Read this document carefully and completely. You may wish to consult an attorney to obtain advice about this document. By your signature on this Rental, Waiver and Release of Liability Agreement, you indicate your acceptance of all terms and conditions below.

    Whereas, Amphibious Rentals LC, a corporation organized and existing under the laws of the state of Oklahoma, with its principal office located at 3766 E Robinson, Norman, OK, referred to herein as Company, has arranged for you to rent the following described property (each item being hereinafter jointly and severally called the “Equipment”): watercraft chosen and paid for by undersigned, as listed at:
    https://amphibiouspowersports.com/product-category/vehicles/jet-ski-rentals/

    If undersigned is hauling the watercraft themselves, the property includes the trailer on which the watercraft is provided.

    Whereas, all persons renting and/or using the rented item(s) are required to sign and agree to the terms of this Rental, Waiver and Release of Liability Agreement prior to rental of the Equipment;

    Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and as an express condition to your rental or use of the Equipment, the undersigned hereby agrees to the following:

    Assumption of Risk. The undersigned is aware that participation in water sports such as Jet Skiing, riding on a PWC as driver or passenger, being pulled behind a PWC, and the use of the Equipment in water sporting activities, involves the risk of injury or even death. The undersigned is also aware that there is a risk of negligence by the Company or agents of the Company, including the failure by the Company or its agents to safeguard or protect me from or warn me of the risks, dangers, and hazards of participation in water sports activities using the Equipment. I freely accept and fully assume all risks, dangers, and hazards associated with the renting and use of the Equipment described above, including the possibility of loss, personal injury, or death. These risks may include property damage, personal injury, and death, which may result in part from turbulence, mechanical or equipment malfunctions, water sports accidents, risk of drowning, water, reefs, rocks, serious lacerations, or other accidents. The undersigned, after careful consideration, expressly assumes these risks and agrees to release the Company and its directors, officers, and employees from any and all liability associated with these risks.

    Indemnification. The undersigned hereby agrees to indemnify and hold Company and its officers, directors, agents, and/or employees harmless from any and all liability for any property damage or personal injury to any third party resulting from use of the Equipment in water sports activities.

    Release of Claims. The undersigned hereby WAIVES AND RELEASES ANY AND ALL CLAIMS AND DEMANDS OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PERSONAL INJURY, DEATH or OTHERWISE, WHETHER OR NOT IMMEDIATELY APPARENT, which the undersigned may now and forever have against the Company and/or its officers, directors, agents, and employees, resulting, directly or indirectly, from the use of the Equipment in any manner whatsoever including, but not limited to, the use of the Equipment in water sports activities.

    Health and Suitability. The undersigned hereby acknowledges that he/she is responsible for their own suitability to use the Equipment in water sports activities and is hereby strongly encouraged to consult a physician prior to participation in water sports activities with said Equipment should they have any concerns such as, but not limited to, pregnancy or physical impairment; including but not limited to swimming ability in the body of water where the rental is taking place.

    Care of Equipment. When engaging in the rental or use of the Equipment, I agree to accept all responsibility to maintain the condition and whereabouts of all the Equipment rented for the entire rental period and to pay all repair and/or replacement costs for any item of Equipment that is damaged or stolen during the rental period.

    Mechanical Failure Policy. The Company guarantees that each rental watercraft will be in good operating condition at the start of the rental period. The undersigned is guaranteed a minimum of four (4) hours of runtime in a single rental day.

    If a mechanical failure occurs before the undersigned reaches four (4) hours of total runtime in a single day and the failure is not due to the fault, misuse, or negligence of the customer, the customer will be entitled to a prorated refund based on the total guaranteed runtime.

    Example: If the failure occurs after two (2) hours of runtime, the customer will receive a 50% refund of the rental price.

    Once the undersigned has accumulated four (4) hours of runtime in a single day, no refund will be issued in the event of a subsequent mechanical failure.

    The Company’s determination of runtime and cause of failure shall be final.

    Governing Law. This Waiver and Release of Liability Agreement shall be governed and construed by the laws of the State of Oklahoma.

    Severability. If any provision of this Waiver and Release of Liability Agreement shall be held unenforceable or void, it shall be severable from the remaining provisions and shall not affect their subsequent enforceability or validity.

    Disclaimer of Warranties. COMPANY IS NOT THE MANUFACTURER OF THE EQUIPMENT, AND MAKES NO WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE FITNESS, MERCHANTABILITY, DESIGN, CONDITION, CAPACITY, PERFORMANCE, OR ANY OTHER ASPECT OF THE EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP. Company further disclaims any liability for loss, damage, or injury to the undersigned or third parties as a result of any defects, latent or otherwise, in the Equipment whether arising from Company’s negligence or application of the laws of strict liability. The undersigned hereby leases the Equipment “AS IS” on an all faults basis.

    Binding Effect. By signing below, the undersigned (or, if the undersigned is under the legal age of 18, the legal guardian of the undersigned) has read, considered, and expressly agreed to all of the terms and conditions of this Waiver and Release of Liability Agreement as of the date written below. This Waiver and Release of Liability Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity.

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