Wavier

WILD WEST RENTAL COMPANY 

Wild West Rental Company owned and operated by 

        Sierra Abroad LLC

WAIVER AND RELEASE OF LIABILITY AGREEMENT

I. DISCLAIMER

This Waiver and Release applies to all renters, operators, passengers, and users of equipment provided by WILD WEST RENTAL COMPANY (hereafter referred to as the “Rental Company”). This includes all employees, agents, representatives, servants, assigns, successors, insurers, and subsidiaries of the Rental Company.

The undersigned agrees they are signing this Release on behalf of themselves and any minor children in their custody, care, or control. The renter further agrees to disclose to the Rental Company the names of all potential operators, passengers, and users of the rental equipment, with the understanding that no more than two persons are permitted on a jet ski at any time. Renters and drivers must be 25 years of age with no passengers under the age of 10 years with a max weight of 400 pounds which includes passengers and gear. Both the renter and any designated passengers or potential operators are required to sign this Waiver and Release prior to using the equipment. If the renter fails to disclose such individuals or obtain their signatures, they accept full liability for any resulting damages or injuries, including those caused by the negligence of the Rental Company.

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II. EXPRESS ASSUMPTION OF RISK

The undersigned understands and agrees that they are renting, operating, or using the equipment provided by the Rental Company at their own risk. Renter/passengers agree that they are in good health and can operate safely. Participation in activities related to the rental is voluntary, and the undersigned assumes all risks of injury, illness, damage, or loss, even those arising from the negligence of the Rental Company. These risks include, but are not limited to, slips, falls, physical jarring, collisions with other watercraft, objects, or terrain, capsizing, entrapment, drowning, equipment failure, operator error, weather hazards such as sun exposure, wind, rain, cold water shock, and hypothermia, encounters with wildlife or marine life, muscle, joint, or skeletal injuries, illness, dehydration, sunburn, heat-related illness, transportation accidents to and from the rental site, illness or complications in remote areas without medical access, and exposure to pathogens, viruses, or communicable diseases.
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III. WAIVER/RELEASE OF LIABILITY

"The undersigned expressly waive the benefit of Civil Code Section 1542, which is set forth below, and specifically agree that, except as otherwise stated herein, this release shall extend to all claims arising out of this watercraft rental which they do not know or expect to exist in their favor at this time.  Civil Code Section 1542 provides:

 “A general release does not extend to claims which the Creditor does not know or suspect to exist in his or her favor at the time of executing this release, which if known by him or her must have materially affected his or her settlement with the debtor.”

         The undersigned understand and acknowledge the significance and consequences of this Agreement and of such specific  waiver of Section 1542 and expressly consent that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected claims, demands, obligations, and causes of action, if any, as well as those relating to any other claims, demands, obligations, or causes of action hereinabove specified."

By signing this release, the undersigned agrees that the Rental Company is not liable for any personal injuries, property loss, death or damages sustained by the undersigned or any minor children. This includes incidents of drowning, physical impact, collisions with watercraft or stationary objects, mechanical failure, equipment malfunction, wake-related injuries, theft, or loss of personal property. This release applies even in the event of negligence by the Rental Company.

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IV. LIABILITY TO THIRD PARTIES

The undersigned agrees to indemnify and hold harmless the Rental Company from all personal injury or property damage claims made by third parties—including passengers, operators of other watercraft, and minor children under the undersigned’s care—that arise from the use or operation of rental equipment, even if caused by the Rental Company’s negligence.

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V. ACKNOWLEDGEMENT OF WAIVER AND RELEASE

The undersigned affirms they have had sufficient time to read, understand, and ask questions about this Waiver and Release.

By signing this document, the undersigned understands they are waiving the right to bring legal action against the Rental Company for any injuries or damages caused by the company’s negligence.

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VI. SEVERABILITY

If any part of this Agreement is deemed void or unenforceable, the remaining provisions shall remain valid and in full force and effect.

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VII. CONDITION OF JET SKI

The undersigned acknowledges the jet ski has been inspected and is in good working condition. They agree to return it in the same condition and accept financial responsibility for any damages, loss, or theft during the rental period.

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VIII. SAFETY REQUIREMENTS

The undersigned agrees to wear a U.S. Coast Guard-approved life jacket (PFD) at all times, wear protective clothing, operate the jet ski responsibly and in accordance with all California and lake specific boating laws, refrain from operating the jet ski under the influence of alcohol or drugs, stay at least 200 feet from swimmers, other watercraft, and fixed obstacles, and not exceed posted speed limits or enter restricted areas. Additionally, the undersigned agrees to remain at least 200 feet away from bathing beaches, swimming floats, diving platforms, lifelines, passenger landing and where boats are tied up. The undersigned understands that while the Rental Company’s staff prioritize safety, they cannot guarantee participant fitness or predict weather and environmental conditions. Incomplete warnings or equipment issues may occur, and the undersigned assumes all associated risks.

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IX. NO-WAKE ZONES AND RESTRICTED AREAS

The undersigned agrees to obey all speed limits, remain in designated areas, and avoid no-wake zones, marinas, and areas with swimmers or other watercraft.

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X. ALCOHOL AND DRUG POLICY

Operating a jet ski under the influence is illegal. The undersigned agrees not to operate the equipment if impaired by any substance. Violations may result in penalties, injury, or loss of rental privileges. Initials:_____

XI. THEFT AND DAMAGE

The undersigned accepts full responsibility for the equipment during the rental period. In the event of damage, theft, or vandalism, they agree to cover the cost of repairs or replacement as determined by the Rental Company.

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XII. INSURANCE

The undersigned acknowledges that the Rental Company does not provide personal injury or property damage insurance. Renters are encouraged to carry their own insurance for liability and damage.

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XIII. GOVERNING LAW

This agreement shall be governed by the laws of the State of California. Any disputes shall be resolved in California courts.

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XIV. FINAL ACKNOWLEDGEMENT OF UNDERSTANDING

By signing below, I confirm that I:

  • Have read and fully understand this waiver and release
  • Voluntarily assume the risks associated with jet ski operation
  • Agree to all terms and conditions contained herein
  • Release, discharge, and agree to indemnify the Rental Company from any and all claims, including those based on negligence
  • Agree to indemnify the Rental Company for legal fees and costs incurred to enforce this agreement
  • Have adequate insurance or agree to personally bear the cost of any injury, illness, or property damage
  • Will bring any legal claims solely in the state of California, under its laws

If any portion of this agreement is held invalid, the remaining provisions will remain fully enforceable.

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Renter’s Printed Name: __________________________________
Renter’s Signature: ______________________________________
Date: _______________
Parent/Guardian Signature (if under 18): __________________________

Passenger`s Printed Name: __________________________________
Passenger`s Signature: ______________________________________
Date: _______________
Parent/Guardian Signature (if under 18): __________________________

Passenger`s Printed Name: __________________________________
Passenger`s Signature: ______________________________________
Date: _______________
Parent/Guardian Signature (if under 18): __________________________

Passenger`s Printed Name: __________________________________
Passenger`s Signature: ______________________________________
Date: _______________
Parent/Guardian Signature (if under 18): __________________________

Passenger`s Printed Name: __________________________________
Passenger`s Signature: ______________________________________
Date: _______________
Parent/Guardian Signature (if under 18): __________________________

Passenger`s Printed Name: __________________________________
Passenger`s Signature: ______________________________________
Date: _______________
Parent/Guardian Signature (if under 18): __________________________