In consideration of being permitted to rent and use the kayak, BBQdonut boat, SUP board, water bike, SeaDoo and related equipment provided by Location Tropical Bleu, I, the undersigned participant, understand that I will cease to rent if I believe the conditions are unsafe at any time and I hereby acknowledge and agree to the following terms and conditions:
Risk management: I am aware that kayaking, riding a BBQ beignet boat, using a SUP board, water bike and jet ski carry inherent risks and dangers, including but not limited to limited thereto, the risks associated with water activities, including those which may result from the negligence or misconduct of others, unpredictable weather, water conditions, collisions and the risk of injury or death. I voluntarily assume all such risks and acknowledge that participation in such activities is at my own risk.
I further agree and acknowledge that I assume all risks which may result in injury or death; slipping and falling while ascending or descending; tipping over or loss of balance; impact, drowning, changeable and adverse weather conditions in which I plan to use this equipment.
By visiting Tropical Blue Rental facilities, including while using any rental equipment, I acknowledge that there is a risk of contracting a communicable disease, including but not limited to COVID19 and 'others.
Although Location Tropical Bleu makes efforts to reduce these risks, I understand that this risk remains.
Rental Eligibility:I certify that I am at least 18 years old and have the skills, knowledge and physical abilities to operate the watercraft safely. If I am renting on behalf of a minor, I certify that I am the minor's parent or legal guardian and accept full responsibility for the minor's participation and safety.
Equipment status: I acknowledge having inspected the equipment before use and found it to be in good working order. In the event of a mechanical or functional problem during use, I undertake to inform Tropical Blue immediately.
Security rules :I agree to abide by all safety rules and guidelines provided by Location Tropical Bleu. I will always wear the life jacket or personal flotation device (PFD) provided during the rental period when using or participating in water activities.
Disclaimer:To the fullest extent permitted by law, I, on behalf of myself, my heirs, executors, administrators and assigns, release and discharge Location Tropical Bleu, its owners, employees, successors, affiliates, agents, and representatives from all claims , liabilities, damages or causes of action arising out of or in connection with my rental and use of the watercraft, including but not limited to personal injury, property damage or wrongful death.
Indemnification and Release: I hereby release, waive, discharge and exonerate Location Tropical Bleu, its owners, employees, affiliates, representatives and agents from any liability, claim, demand, suit, action or cause of action. arising out of or relating to any loss, damage, injury or death which may be suffered by me or any third party during the rental period, whether such loss, damage, injury or death is caused by the negligence or other acts of Tropical Blue Rentals , its owners, employees or agents.
Insurance : I acknowledge that Location Tropical Bleu may provide liability insurance coverage for its own protection, but that such coverage may not extend to protect me as a participant. I understand that I am solely responsible for obtaining my own insurance coverage to protect me against any loss, damage, injury or death that may occur during the rental period.
Rental conditions: I understand and agree that the rental period begins at the designated start time and ends at the designated return time. I will return the equipment rented to Location Tropical Bleu in the same condition as it was at the beginning of the rental period, subject to normal wear and tear.
Applicable law and jurisdiction: This waiver shall be governed by and construed in accordance with the laws of the jurisdiction where Tropical Blue is located. Any legal action or proceeding arising out of or relating to this waiver shall be heard exclusively by the courts of competent jurisdiction of such jurisdiction.
Divisibility: If any provision of this waiver is held to be invalid or unenforceable, the remaining provisions will continue to be binding and enforceable to the fullest extent permitted by law.
