Passenger Waiver Agreement
I. WAIVER AND RELEASE OF LIABILITY AGREEMENT DISCLAIMER
This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by Nauti Side Boat Rentals* (For purposes of this Waiver and Release, the term “Nauti Side Boat Rentals” includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Nauti Side Boat Rentals). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that is inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Nauti Side Boat Rentals all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the a event that he/she fails to notify Nauti Side Boat Rentals of all potential operators, passengers, or 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 Nauti Side Boat Rentals.
II. ACKNOWLEDGEMENT OF RISKS
The undersigned hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action and ships’ wakes; 2) Collisions with any of the following: other participants, the boat’s, other boats, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, expose to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature, 9) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.
III. EXPRESS ASSUMPTION OF RISK
The undersign herby agrees that he/she is renting, operating or using the equipment provided by Nauti Side Boat Rentals 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, The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fracture or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Nauti Side Boat Rentals.
IV. ALCOHOL AND RELEASE OF LIABILITY POLICY
Here at Nauti Side Boat Rentals, we do not sell or serve alcoholic beverages. We will allow you to bring in alcohol, under the circumstances, that we will not be held accountable for any injuries sustained while under the influence of alcohol. It is also your responsibility, that if you are under the influence of alcohol. You must prepare your own transportation when unboarding Nauti Side Boat Rental’s vessels. Methods of safe transportation include but are not limited to ride share programs such as Uber and Lyft. Taxi services or family members/friends. Failure to do so, risk violating Texas Penal Code 49.04 Driving While Intoxicated. By signing below, you agree that you will be held accountable for any and all injuries sustained here at Nauti Side Boat Rentals and that you participate at your own risk.
V. WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Nauti Side Boat Rentals from any and all liability of any nature for any and all injury or damage 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 Nauti Side Boat Rentals, regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages, which may occur, and further agrees that Nauti Side Boat Rentals shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Nauti Side Boat Rentals shall not be responsible for such injuries, damages, loss or theft.
EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY NAUTI SIDE BOAT RENTALS, 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 Nauti Side Boat Rentals.
VI. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless Nauti Side Boat Rentals 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 boat’s 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 Nauti Side Boat Rentals, even if such damages arise out of the negligence or fault of Nauti Side Boat Rentals
VII. VIDEO/PHOTOGRAPHY RELEASE FORM
I, hereby grant permission to Nauti Side Boat Rentals and its agents and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me, or members of my family, for the purpose of publication, promotion, illustration, advertising,
or trade, in any manner or in any medium. I hereby release Nauti Side Boat Rentals and its legal representatives for all claims and liability relating to said images or video.
VIII. ACKNOWLEDGEMENT 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 Nauti Side Boat Rentals 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 Nauti Side Boat Rentals for Nauti Side Boat Rentals’ negligence.
CAPTAIN NAME: ________________________ (Print Name) TIME START: ____________
RENTER NAME: _________________________ (Print Name) DATE: __________________
Additional Operators or Passengers