Liability Waiver

PLEASE READ THE ENTIRE RENTAL AGREEMENT BEFORE SIGNING

YOU WILL BE RESPONSIBLE FOR THE TERMS OF THIS AGREEMENT

Maximum number of persons/weight per rental craft: 

• Sea-Doo GTI - SE

Max 2 persons per jet ski.

• Sea-Doo Spark Trixx 3 UP

Max 1 person per jet ski.

1 Rider - 265 lbs. 

Maximum 7 passengers / 1155 lbs. 

Weight maximum includes coolers/gear.

Gas range is dependent on the number of passengers/weight. 

Maximum capacity will drastically lower fuel range.

Gas will be charged after rental, once the number of gallons needing replacement is determined. 

• Lifejackets
• Fire Extinguisher
• Anchor/Anchor Line
• Emergency Distress Flag
• Dock Lines
• Sound Signaling Horn
• Paddle (Boat Only)
• Lifesaving Flotation Device (Boat Only)
• Stereo System (Boat Only)
• USB Charging Ports (Boat Only)

In consideration of the agreement herein, LESSOR does lease to the undersigned (hereafter referred to as the LESSEE) the craft and equipment described herein. LESSEE agrees that said craft and equipment will not be operated or used by anyone other than the authorized LESSEE named in this Agreement. In the event the craft and equipment are not returned at the time specified herein, said LESSEE agrees to pay for OVERTIME AT THE RATE SPECIFIED IN THE CHARGES SECTION OF THIS AGREEMENT, WHICH LESSEE REPRESENTS TO HAVE READ AND UNDERSTOOD.

I / WE, THE LESSEE(S), HEREBY AGREE AND ACKNOWLEDGE THAT I / WE SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY DAMAGE TO THE WATERCRAFT AND ALL CONTENTS OR OTHER FAILURE TO RETURN SAID LEASED EQUIPMENT IN THE SAME CONDITION AS WHEN RENTED, EXCLUDING ORDINARY WEAR AND TEAR. IN SUCH CASE, THE FULL SECURITY DEPOSIT PAID WILL BE USED TO PAY FOR SAID DAMAGE, AND I MAY BE CHARGED ADDITIONAL AMOUNTS IF THE SECURITY DEPOSIT IS NOT SUFFICIENT TO PAY FOR ALL DAMAGES. I / WE HEREBY AGREE AND ALLOW ERIE WAKE ZONE, OR ITS DESIGNEE, TO CHARGE THE CREDIT CARD THAT WAS USED FOR MY RENTAL FOR ANY ADDITIONAL AMOUNTS DUE FOR GAS UPON RETURN OR ANY DAMAGES EXCEEDING THE SECURITY DEPOSIT. IN TURN, I WILL BE PROVIDED AN ITEMIZED BILL FOR ANY DAMAGE AMOUNTS FROM A CERTIFIED SEA-DOO MECHANIC/DEALER.

THE LESSEE CERTIFIES THAT HE/ SHE HAS EXAMINED THE CRAFT AND EQUIPMENT AND FINDS IT ACCEPTABLE AND FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE CRAFT BY FOLLOWING ALL SAFETY RULES AND REGULATIONS AS POSTED ON THE PARTICIPANT CHECK-OUT FORM REGARDING THE WATERCRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS.

LESSEE AGREES TO NOTIFY THE LESSOR OF ANY ACCIDENT, MALFUNCTION, OR BREAKDOWN OF RENTAL CRAFT IMMEDIATELY FOLLOWING PARAGRAPH SIX (6).

LESSEE agrees that rented watercraft will not be occupied by a greater number of persons than allowed by Erie Wake Zone. 

In the event the watercraft is not returned at the time specified herein, said LESSEE agrees to pay for OVERTIME AT THE RATE POSTED IN THE OFFICE.

THE LESSEE CERTIFIES: THE LESSEE AGREES TO LIMIT THE OPERATION OF THE WATERCRAFT TO THE WATERS OF AND ONLY BETWEEN SUNRISE AND SUNSET.

LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION, OR BREAKDOWN OF RENTAL WATERCRAFT TO THE LESSOR IMMEDIATELY FOLLOWING: 

LESSEE AGREES TO NOT: 

Reckless Operation of a watercraft shall include but not be limited to:

• a. Drive watercraft at any speed other than a no-wake speed when leaving and entering the marina; doing so will cause LESSEE to incur a fee posted in the marina office. No Wake Until Lessee Reaches Sandusky Bay.
• b. Weaving through congested traffic;
• c. Jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around other vessel is obstructed or restricted;
• d. Becoming airborne or completely leaving the water while crossing the wake of another vessel within 100 feet of the vessel creating the wake;
• e. getting within 100 feet of shore or 100 feet of another vessel.

THE TERMS AND CONDITIONS OF THIS AGREEMENT CONTAIN THE ENTIRE UNDERSTANDING BETWEEN THE LESSEE AND LESSOR, AND NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE THAT IS NOT INCLUDED IN THIS RENTAL AGREEMENT.

 THAT ONLY THOSE INDIVIDUALS LISTED AS AUTHORIZED OPERATORS WILL OPERATE THE RENTAL

WATERCRAFT LESSOR HAS PROVIDED ALL AUTHORIZED OPERATORS WITH SAFETY AND OPERATIONAL INSTRUCTIONS. LESSOR HAS PROVIDED PRINTED MATERIAL EXPLAINING THE APPLICABLE STATE AND LOCAL BOATING RULES AND REGULATIONS, THE OPERATIONAL CHARACTERISTICS, THE ENVIRONMENTAL EFFECTS, AND THE COMMON COURTESIES OF OPERATING PERSONAL WATERCRAFT.

THAT ALL AUTHORIZED OPERATORS ARE CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF THE RENTAL WATERCRAFT AND WILL OPERATE FOLLOWING ALL SAFETY RULES AND REGULATIONS, AND FURTHER CERTIFIES THAT ALL AUTHORIZED OPERATORS HAVE READ AND UNDERSTAND SAID RULES AND REGULATIONS.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental watercraft, LESSEE will immediately report the 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.

LESSEE AGREES TO NOT:

1. Improper disposal of trash/liquids of any kind in the waters of Sandusky Bay/Lake Erie.
2. Return the rental craft with any mess, spilled liquids, or stains, as this will result in a minimum $250.00 cleaning fee.
3. Bring/consume any type of alcoholic beverages/narcotics on/off the rental craft at any time during the rental period, per State of Ohio Laws. Failure to adhere to this rule will cause you to lose your full deposit and ban you and anyone in your party from future rentals.
4. The LESSEE 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.

Major Credit Card (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. 

Major Credit Card charges for damages, and not to the exclusion of, any other remedies LESSOR may have at law.

LESSEE agrees not to use, nor permit the use:

1. of the rental watercraft for any unlawful purpose;
2. of the rental watercraft in a careless, reckless, or negligent manner;
3. of the rental watercraft while under the influence of liquor and/or narcotics;
4. by any other person who is not an AUTHORIZED OPERATOR under this Agreement.
5. Smoking of any kind in/on rental craft.
6. Vaping of any kind in/on rental craft.
7. docking the rental craft.
8. beaching the rental craft.
9. use of water-sports equipment on rental craft.
10. leaving the designated area.
11. Operating at greater than slow\no wake speed within 100 feet of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim area, swimmers, surfers, persons engaged in angling, or any manually powered vessels
12. Operating contrary to navigation rules, including following too closely to another vessel or another personal watercraft.
13. "Following too closely" shall be construed as proceeding in the same direction and operating at a speed more than 10 mph within 100 feet to the rear or 50 feet to the side of another vessel that 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.

LESSEE acknowledges his/her responsibility for the safe and proper operation of the watercraft and 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 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 the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in, or on, the rental watercraft, including loss or damage caused by fire, water, theft, or any other cause whatsoever.

LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any loss, costs, damages, attorney fees, and/or liability in connection with the enforcing of the foregoing Rental Agreement 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 the Venue of any action hereunder shall be in the county of LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental watercraft, LESSEE will immediately report the 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.

LESSOR'S ability to provide a rental watercraft, if reserved, is contingent upon and subject to the return of the watercraft by the previous lessee or any other cause beyond LESSOR'S control.

LESSOR reserves the right to cancel this Rental Agreement due to inclement or impending bad weather. Rental fees will be prorated based on the time used.

The rules and regulations contained herein and as posted in the office, on the watercraft, and/or on 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.

Should any term or condition 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.

THE TERMS AND CONDITIONS OF THIS AGREEMENT CONTAIN THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE THAT IS NOT INCLUDED IN THIS AGREEMENT, EXCEPT THAT THE LESSEE EXPRESSLY REPRESENTS AND WARRANTS TO HAVE READ AND UNDERSTOOD ALL RATE INFORMATION PROVIDED IN THE CHARGES SECTION OF THIS AGREEMENT.

This is to certify that I (We), the LESSEE(S), am/are experienced and capable in all aspects of the handling and operation of a craft such as the one rented above.

I (WE) HAVE READ THE FULL AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH. I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.