Rental Waiver and Release of Liability Agreement:
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by Evojet Outer Banks LLC. For purposes of this Waiver and Release, the term ''Evojet Outer Banks LLC" includes all employees, agents, representatives, servants, successors, and insurers. If any other rental agreement is used in addition to, or in conjunction with, this release, the provisions of this release shall prevail over any other clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on the behalf of undersigned's minor children. Renter further agrees that he/she will disclose to Evojet Outer Banks LLC all potential operators, passengers, and 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 Evojet Outer Banks LLC.
2. EXPRESS ASSUMPTION OF RISK
The undersigned herby agrees that he/she is renting, operating, or using the equipment provided by Evojet Outer Banks LLC at 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, damage or loss that might result, even if the risks arise out of the negligence or fault of Evojet Outer Banks LLC.
3. WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned agrees that Evojet Outer Banks LLC 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 Evojet Outer Banks LLC. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that American Evojet Outer Banks LLC shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Evojet Outer Banks LLC shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Evojet Outer Banks LLC, 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 Evojet Outer Banks LLC.
4. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless Evojet Outer Banks LLC 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 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 Evojet Outer Banks LLC even if such damages arise out of negligence or fault of Evojet Outer Banks LLC.
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 Evojet Outer Banks LLC 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 against Evojet Outer Banks LLC for Evojet Outer Banks LLC negligence.
6. IMAGE USE AND CREDIT CARD ACKNOWLEDGMENT OF WAIVER AND RELEASE
I agree that Evojet Outer Banks LLC has the rights to use any of my images orvideos for promotional use on ads or online. In signing this release, I acknowledge and represent that IHAVE READ THE FOREGOING Waiver and Release of Liability, UNDERSTAND IT AND SIGN IT VOLUNTARILY as my own free act and deed with no inducement; and that no oral representations, statements or inducements, apart from the foregoing written agreement, have been made by the RELEASED PARTIES or relied upon by me; and I EXECUTE THIS RELEASE OF LIABILITY FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.
*** READ RELEASE BEFORE SIGNING ***
7. Damages and loss of Equipment
I agree to pay for all damages to or loss of equipment belonging to or obtained from Evojet Outer Banks LLC resulting from my use whether damage is intentional or unavoidable.
Fire extinguisher $25
Safety equipment kit $30
Life Jacket $50
Jet Ski Pump Damage $500
Jet Ski Hull Damage $2800
You will be charged our daily fee if you damage the jet ski to a point where it's not safe to rent until you cover the damage fee.
No alcohol, No refunds.
Ride at your own risk!
Please Sign below: