NOTE: Luxury Jet Ski Rentals does not accept paper waivers, please submit electronically.

Equipment Rental Agreement

Between:

Luxury Jet Ski Rentals LLC
3201 Marina Way 
National City, CA 91950
(619) 352-0754

2000 Second St
Coronado, CA 92118
(858) 888-0082

And:

Participant:

Please select who will be participating:

Sat Sep 7, 2024

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION & BINDING ARBITRATION AGREEMENT

Notice — By signing this document you may be waiving certain legal rights, including the right to sue.

Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement

In consideration of being allowed to use the facilities, vessels, and participate in operating personal watercraft, boat, flyboard, kayak, SUP, Pedal Boat, bicycle, flyboard and other activities (collectively the "Activities") provided by Luxury Jet Ski Rentals (the "Host"), the Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant's participation in the Activities or the use of any equipment provided by the Host ("Equipment"), including while receiving instruction and/or training. As used herein, the term "Equipment" shall include, but not be limited to, personal watercraft;

2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;

3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct;
and
4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.

Photography/Video Release

Participant hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant's participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.

Personal Responsibility

The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.

The Participant and his/her parent(s) or legal guardian(s) understand that Participant's participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host's Equipment, facilities, and vessels before any participation.

The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.

If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant's personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.

Binding Arbitration

The Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (3) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the "Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury.

To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

I have also read and agree to follow all the guidelines below pertaining to my activity.

Personal Watercraft Rental Agreement

THE PARTICIPANT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS:

I further agree:

The PARTICIPANT 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.

Any deposit shall be retained by Luxury Jet Ski Rentals 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 PARTICIPANT. Retention of the deposit shall be in addition to, and not to the exclusion of, any other remedies PARTICIPANT may have at law. PARTICIPANT agrees not to use, nor permit 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 a PARTICIPANT 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 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 vessel;
e. Operating contrary to navigation rules including following too closely to another vessel, including another personal watercraft. "Following too closely" shall be construed as proceeding in the same direction and operating at a speed in excess of 10 mph 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.

PARTICIPANT 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 PARTICIPANT that Luxury Jet Ski Rentals shall not beheld liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental watercraft. PARTICIPANT FURTHER AGREES to indemnify and hold harmless Luxury Jet Ski Rentals 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. PARTICIPANT further agrees to hold the Luxury Jet Ski Rentals harmless should loss or damages occur to any of the PARTICIPANT'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. PARTICIPANT expressly agrees to indemnify and hold Luxury Jet Ski Rentals harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by Luxury Jet Ski Rentals, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by PARTICIPANT 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 Venue of any action here under shall be in the county of San Diego. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental watercraft that PARTICIPANT will immediately report same to Luxury Jet Ski Rentals. Continued use of it shall be entirely at the PARTICIPANT'S risk and thus PARTICIPANT assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use. Luxury Jet Ski Rental's ability to provide a rental watercraft, if reserved, is contingent upon and subject to the return of the watercraft by the previous PARTICIPANT, or any other cause beyond Luxury Jet Ski Rental's control. Luxury Jet Ski Rentals 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 the grounds by Luxury Jet Ski Rentals are for the safety and welfare of all who use the facilities. The PARTICIPANT 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 enforce ability of the remainder shall not be affected and will remain in full force and effect. THE TERMS AND CONDITIONS ON THIS AGREEMENT CONTAINS THE ENTIRE UNDER-STANDING BETWEEN PARTICIPANT AND Luxury Jet Ski Rentals AND THAT - NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT.

Jet Ski Safety Checklist

General Operation

• I understand that the PWC I am renting is a high-performance boat, not a toy, and as such I will carefully observe and follow the instructions and safety rules I receive from my rental operator.
• I will ensure I have enough gas for my return back to the rental livery. I understand a good rule of thumb regarding fuel use is one-third out, one-third back in, and one-third in reserve.
  
  Safety Equipment
• I will pay close attention to the required safety equipment instructions provided by my rental livery operator so that I am able to use it in case of an emergency.
  
  Life Jackets
• I will ensure my passengers and I each have a U.S/.Coast Guard approved life jacket that is in the proper size for the intended wearer, is in good and serviceable condition and is properly stowed.
• I understand that the U.S. Coast Guard requires that I wear a life jacket while being aboard a PWC.
• I understand that it is highly recommended to wear protective clothing such as a wet suit or wet suit bottom while operating the PWC due to the risk of internal injuries if water is forced into body cavities as a result of falling into the water or being near the jet thrust nozzle.
  
  Starting/Stopping the PWC
• Before starting the engine, I will securely attach the engine shut-off lanyard to my wrist and wear it at all times, keeping it free from the handlebars so that if I fall off of the PWC, the engine will stop.
• I understand that in order to turn off the engine, I need to push the stop button. I understand that the throttle controls the speed of my PWC. I understand that I should apple the throttle lever on the handle to accelerate and release it to slow down.
  
  Braking/Stopping
• I understand that stopping the engine will not stop the forward motion of the PWC, and that on most PWC’s, steering control is lost when the throttle is released or when the engine is turned off.
  
  Riding at Night
• I will not ride at night, as I understand that my PWC does not come equipped with navigation light and it is not allowed to operate the PWC at night.
  
  Safe Operation
• When operating my PWC, I will maintain a proper lookout and scan constantly with sight and hearing, being alert for conditions that limit my visibility or block my vision of others.
• I will always operate my PWC at safe speeds, taking into consideration the conditions around me, including other boats, weather, and visibility.
• I will refrain from weaving through vessels that are underway, stopped, moored or at anchor while exceeding a reasonable speed. I will not operate my PWC at an excessive speed in a slow speed area or in a swimming area with swimmers present.
  
  Negligent Operation
• I will avoid making sharp turns and other maneuvers that make it difficult for others to avoid colliding with me or to undestand where I am going.
• I will not jump wakes or waves, nor will I steer toward an object or person and then turn sharply in close proximity to that object or person in order to spray or attempt to spray them with the wash or jet spray of the watercraft, as this is unsafe operation.
  
  Towing
• I will not tow with my PWC.
  
  Jet Drive Intake
• I understand that the jet drive intake has tremendous suction and will pull loose items, such as long hair, sand, stones, fishing line, loose clothing, or life jacket straps through the jet drive. I will keep these objects away from the intake grate.
• I will not apply throttle when anyone is standing or swimming anywhere near the PWC.
  
  Capsizing
• If I capsize in open water, I understand I should swim to the rear of the PWC and turn it upright. I am aware that PWC’s have a decal at the bottom of the vessel that indicates the direction to roll your PWC to return it to an upright position.

Flyboarding Checklist

• I understand the training given to me by my instructor entirely.
• I understand the English language.
• I am a proficient swimmer and I am comfortable in the water, including times when my face may be temporarily submerged.
• I understand the risks that are inherent to any watersports activity including fly boarding.
• I understand that, although my flight instructor will communicate with me during my flight, it is my responsibility to fly safely and under control.
• I understand that, if my flight instructor has throttle control of the fly board during by flight, it is my responsibility to control the steering of the fly board.
• I understand that it is my responsibility to avoid the jet ski that my flight instructor is on in any and all situations.
• I understand that it is my responsibility to avoid all boats and other hazards while in the water and in the air.
• I understand that, if any of the above concepts are unclear, it is my responsibility to ask my instructor for clarification prior to my flight.
• I am not under the influence of any alcohol or drugs, and I commit to being fully sober for my flight.
• I am not pregnant.
• I have no pre-existing conditions that may adversely affect my ability to fly the fly board.

Boat Safety Checklist

General Operation

• I understand that the boat I am renting is a high-performance boat, not a toy, and as such I will carefully observe and follow the instructions and safety rules I receive from my rental operator.
• I will ensure I have enough gas for my return back to the rental livery. I understand a good rule of thumb regarding fuel use is one-third out, one-third back in, and one-third in reserve.
  
  Safety Equipment
• I will pay close attention to the required safety equipment instructions provided by my rental livery operator so that I am able to use it in case of an emergency.
  
  Life Jackets
• I will ensure my passengers and I each have a U.S/.Coast Guard approved life jacket that is in the proper size for the intended wearer, is in good and serviceable condition and is properly stowed.
• I understand that the U.S. Coast Guard does not requires that I wear a life jacket while being aboard a boat, unless under 13 years old.
• I understand that it is highly recommended to wear a life jacket at all times on board the boat and will take full responsibility for such action.
  
  Starting/Stopping the boat
• Before starting the engine, I will securely attach the engine shut-off lanyard to myself and wear it at all times, so that if I fall off of the boat, the engine will stop.
• I understand that in order to turn off the engine, I need to turn the key to the off position.
  
  Braking/Stopping
• I understand that stopping the engine will not stop the forward motion of the boat, and that on most boats, steering control is lost when the throttle is released or when the engine is turned off.
  
  Riding at Night
• I will not ride at night.
  
  Safe Operation
• When operating my boat, I will maintain a proper lookout and scan constantly with sight and hearing, being alert for conditions that limit my visibility or block my vision of others.
• I will always operate my boat at safe speeds, taking into consideration the conditions around me, including other boats, weather, and visibility.
• I will refrain from weaving through vessels that are underway, stopped, moored or at anchor while exceeding a reasonable speed. I will not operate my boat at an excessive speed in a slow speed area or in a swimming area with swimmers present.
  
  Negligent Operation
• I will avoid making sharp turns and other maneuvers that make it difficult for others to avoid colliding with me or to understand where I am going.
• I will not jump wakes or waves, nor will I steer toward an object or person and then turn sharply in close proximity to that object or person in order to spray or attempt to spray them with the wash, as this is unsafe operation.
  
  Towing
• I will not tow with my boat.
  
  Impellor
• I understand that the impellor at the back of the boat is incredibly sharp and powerful and can cause serious injury or death to anyone that comes into contact with the impellor.
• I will turn off the engine any time someone is in the water to prevent any injury with the impellor.
  
  Capsizing
• If I capsize in open water, I understand I should flag someone down for help and contact vessel assist immediately.

Covid-19 Assumption Of Risk

The individual named below (referred to as "I" or "me") desires to participate in water
sports using rented equipment, including, but not limited to, jet skis, fly boards, pedal boats,
kayaks, stand up paddle boards, or other water sports equipment (the "Activity"), provided by
LUXURY JET SKI RENTALS, LLC, a California limited liablity (the "Company"). In
consideration of being permitted by the Company to rent their equipment and engage in the
water sports using such equipment, and in recognition of the Company's reliance hereon, I agree
to all the terms and conditions set forth in this agreement (this "Release").
1. I am aware and understand that the Activity is a potentially dangerous activity and
involves the risk of serious injury, disability, death, or property damage. I am also aware of the
highly contagious nature of bacterial and viral diseases including the 2019 novel coronavirus
disease (COVID-19) (the "Disease") and the risk that I may be exposed to or contract the
Disease by engaging in the Activity, which may result in serious illness, personal injury,
disability, death, or property damage. I acknowledge that these risks may result from or be
compounded by the actions, omissions, or negligence of Company employees or others,
including negligent emergency response or rescue operations of the Company. I understand that
while the Company has implemented measures to reduce the risk of injury from the Activity and
the spread of the Disease, the Company cannot guarantee that I will not be injured or become
infected with the Disease or other infectious diseases due to my participation in the Activity and
that engaging in the Activity may increase my risk of contracting the Disease.
NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM
VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE
DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF
INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM
MY ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY
NEGLIGENCE OF THE COMPANY OR OTHERWISE.
2. I hereby expressly waive and release any and all claims, now known or hereafter
known, against the Company, and its officers, directors, manager(s), employees, agents,
affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury,
illness, disability, death, or property damage arising out of or attributable to my participation in
the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or
otherwise. I covenant not to make or bring any such claim against the Company or any other
Releasee, and forever release and discharge the Company and all other Releasees from liability
under such claims. This waiver and release does not extend to claims for gross negligence, willful
misconduct, or any other liabilities that California law does not permit to be released by
agreement.
3. I confirm that I am: (a) in good health, in proper physical condition, and do not
have any medical or other conditions that would impair my ability to participate in the Activity;
and (b) not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever),
do not have a confirmed or suspected case of the Disease, and have not come in contact in the
last 14 days with a person who has been confirmed to have or suspected of having the Disease. I

2 will comply with all federal, state, and local laws, orders, directives, and guidelines related to the
Activity and the Disease while participating in the Activity, including, without limitation,
requirements related to hand sanitation, social distancing, and use of face coverings and safety
equipment. I will also follow all instructions, recommendations, and cautions of the Company at
all times during the Activity. If at any time I believe conditions to be unsafe, that I am no longer
in proper physical condition to participate in the Activity, or I begin experiencing symptoms of
the Disease, I will immediately discontinue further participation in the Activity.
4. I shall defend, indemnify, and hold harmless the Company and all other Releasees
against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including
reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this
Release, and the cost of pursuing any insurance providers, incurred by the Company or any other
Releasees, arising out or resulting from any claim of a third party related to [my participation in
the Activity, including any claim related to my own negligence or the ordinary negligence of the
Company.
5. I hereby consent to receive medical treatment which may be deemed necessary if
I am injured or require medical attention during my participation in the Activity. I understand
and agree that I am solely responsible for all costs related to such medical treatment and any
related medical transportation and/or evacuation. I hereby release, forever discharge, and hold
harmless the Company from any claim whatsoever in connection with such treatment or other
medical services.
6. This Release constitutes the sole and entire agreement of the Company and me
with respect to the subject matter contained herein and supersedes all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and oral, with respect
to such subject matter. If any term or provision of this Release is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect
any other term or provision of this Release or invalidate or render unenforceable such term or
provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the
Company and me and our respective successors and assigns. All matters arising out of or relating
to this Release shall be governed by and construed in accordance with the internal laws of the
State of California without giving effect to any choice or conflict of law provision or rule
(whether of the State of California or any other jurisdiction). Any claim or cause of action arising
under this Release may be brought only in the federal and state courts located in San Diego
County, California, and I hereby consent to the exclusive jurisdiction of such courts.