PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Tropical Reef Jetski Tours, their agents, owners, officers, volunteers, employees, and all other
persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “TRJT”), I hereby agree to release,
indemnify, and discharge TRJT, on behalf of myself. my spouse, my children, my parents, my heirs, assigns, personal
representative and estate as follows:
1. 1 acknowledge that my participation in jet ski and personal watercraft activities entails known and unanticipated risks that could
result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such
risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; accidental drowning; boat or watercraft may capsize and cause entrapment;
collision with objects or other watercraft; rapidly changing adverse weather and water conditions, changing water flow, tides, shallow
water, currents, wave action and ships wakes, watercraft is slippery when wet and accidents can occur getting in or out; exposure to
the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia (heat related
illnesses), heat exhaustion, sunburn, or dehydration; exposure to potentially dangerous wild animals, insect bites. and hazardous
plant life; aggressive and or poisonous marine life, passengers can be jolted, jarred, bounced, thrown about and otherwise shaken
during rides; passengers can be thrown off the machine resulting in strains, sprains, broken bones and musculoskeletal injuries
including head, neck, and back injuries; cuts, abrasions. and bruises; the negligence of participants, or other persons who may be
present; transmissible pathogen or disease; equipment failure or operator error: Nipping over the machine; accidents or illness can
occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity
Furthermore, TRJT personnel have difficult jobs to perform. They sock safely, but they are not infallible. They might be unaware of a
participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete
warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely
voluntary, and I elect to participate in spite of the risks, Additionally. Iagrue to wear a U.S. Coast Guard approved personal flotation
device (life jacket) and wetsuit bottom (or clothing that provides equivalent protection) while participating in this activity
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TRJT from any and all claims, demands,
or causes of action, which are in any way connected with my participation in this activity or my use of TRJT equipment or facilities,
including any such claims which allege negligent acts or omissions of TRJT
4. Should TRJT or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement. I agree
to indemnify and hold them harmless for all such fees and costs
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else to bear
the costs of such injury or damage myself. 1 further certify that I am willing to assume the risk of any medical or physical condition I
may have.
6. In the event that I file a lawsuit against TRJT, I agree to do so solely in the commonwealth of Puerto Rico, and 1 further agree
that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if
any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, Acknowledge that if anyone is hurt or property is damaged during my participation in this activity, may be
found by a court of law to have waived my right to maintain a lawsuit against TRJT on the basis of any claim from which I have
released them herein. I also agree that this document is valid for subsequent visits and participation at TRJT. I have had sufficient
opportunity to read this entire document. have read and understood it, and I agree to be bound by its terms.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
Must he completed for participants under the age of 18) In consideration of the following minors) (print name(8))_ being permitted
by MA 5 4 participate in its activities and to use its equipment and facilities. I further agree to indemnity and hold harmless WAS
from any and all claims which are brought by, or on behalf of minors), and which are in any way comested with such use or
participation by minor(s). Minor(s) DOB(s)
PROTECTIVE WETSET REFUSAL AGREEMENT
1. for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Motoragua Sport L.L.C, Thereinafter
collectively referred to as “MAS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides
equivalent protection while riding or being around WaveRunners and Jet Skis in order to protect against injuries caused by water
forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. Injuries include water forced into the
rectum or vagina causing severe internal injuries or death. I understand that by not wearing wetsuit bottoms or equivalent clothing. I
will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this
activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of
MAS, the guide instructor, numerous count cases and MAS’s insurance company, we are refusing this critical safety precaution
SIGNER STATEMENT OF AWARENESS
I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption
of risks.
OUR MAIN FOCUS IS SAFETY SO THAT EVERYONE STAY SAFE WHILE HAVING A GREAT TIME. THE FOLLOWING RULES ARE POSTED AND WILL BE REVIEWED WITH YOU BY OUR STAFF. WE THANK YOU IN ADVANCE FOR PAYING PARTICULAR ATTENTION TO OBEYING ALL WRTITTEN AND VERBAL RULES!
IF YOU FLIP THE SKI OVER YOUR RIDE IS FINISHED OR TERMINATED
1. OPERATOR MUST GO SLOW SPEED UNTIL PAST ALL IDLE SPEED BUOYS OR NEXT TO OTHER VESSELS.
2. OPERATOR MUST TRAVEL PERPENDICULAR TO THE SHORE WHEN ENTERING OR LEAVING THE MARKED IDLE SPEED ZONE. OPERATOR MUST REMAIN 100 FEET FROM ANY THER WATERCRAFT AND 100 FEET FROM ANY SWIMMERS, WADERS OR PEOPLE FLOATING IN THE WATER.
3. OPERTOR MUST YIELD RIGTH-OF-WY TO ALL OTHER VESSELS.
4. OPERATOR MUST NOT BE UNDER THE INFLUENCES OF DRUGS OR ALCOHOL.
5. OPERATORS MUST STAY IN YHE BOUNDARIES SET BY THE RENTAL VENDOR AND SIGHT OF RENTAL LOCASTION AT ALL TIMES OR PATROL.
6. NO OPERATOR WIL OPERATE A WATERCRAFT IN ANY HAZARDOUS MANNER.
7. OPERATOR MUST LISTEN TO AND OBEY AL VERBAL AND WRITTEN RULES.
8. OPERATOR MUST REMAIN 100 FEET FROM ANY OTRER WATERCRAFT AND 100 FEET FROM ANY FLOATING OBJECTS THIS INCLUDES FRIENDS ND OTHER RENTED WATERCRAFT.
9. DO NOT USE OTHERS VESSELS WAKE TO LAUNCH YOUR JET SKI.
NO REKLESS DRIIVING WILL BE ALLOWED
NO SPARYING OR SPLASHING WATER TO OTHERS VESSELS.
NO SPRAYING OR SPLASHING WATER TO SWIMMERS & SURFERS.
NO SPRAYING OR SPLASHING WATER TO ANYONE PERIOD.
STAY AWAY FROM WAVES, SURF, REEF, MANATEES, SURFERS, SWIMMERS & ANYBODY PERIOD.
10. WE ARE NOT RESPONSIBLE FOR ANY LOST ITEMS LEFT ON THE BEASCH, OFFICE, VAN OR LOST IN THE OCEAN.
11. WEAR YOUR LIFE JACKET AT ALL TIME, DO NOT TAKE OFF YOUR LANDYARD.
Our main focus is safety so that everyone stays safe while having a great time. The following rules are posted and will be reviewed with you by our staff. We thank you in advance for paying particular attention to obeying all written and verbal rules by T. R. W.
ACCIDENT WARNING/ ACCEPTANCES OF LIABILITY FOR RENTAL DAMAGES
1. Estimate basic starts $500.00.
2. If the accident is scarious, it Will pay for all damages to the Jetski.
3. If an accident occurs with another boat, you will be responsible for the damages in that both boats.
4. Your tours may be canceled without refund if you do not follow the rules established by the staff and the company TRW.
