Welcome to the Sebastian Watercraft Rentals Online Check-in!

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.

This vessel rental is made effective on this date and remains valid for 90 days between SEBASTIAN WATER CRAFT RENTALS INC (the lessor) and, you (the lessee) and states the agreement of the parties as follows:

INHERENT DANGER: The Lessee understands and agrees that the vessels and their operation are an inherently dangerous activity. The lessee certifies that he/she understands the rules and regulations for the safe operation of the vessel. The lessee further agrees not to let anyone else operate this vessel without likewise instruction on the rules and regulations for safe operation of the vessel.

CARE AND OPERATION: The Lessee agrees to operate this vessel only in a careful and proper manner, and to obey and comply with all laws and regulations for vessel operation. Failure to do so will result in instant termination of this contract without refunds or time prorated.

WARRANTY: The Lessor makes no warranties, express or implied, as to the vessel rented. The Lessee assumes all responsibility for the vessel.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the vessel from any cause, and agrees to return the vessel in the condition received from the Lessor, with the exception of normal wear and tear. In the event of damages, loss of the vessel or lost equipment, the Lessee agrees to make payment in the full immediately to SEBASTIAN WATER CRAFT RENTALS INC. in the form of cash, credit or debit card of choice or the Lessee's credit card information stored with Fare Harbor. All repair work will be done by a party designated by Sebastian Water Craft Rentals Inc. All damages over $2000.00 dollars will require a police report to be written and signed by both parties; failure to sign the report will be reported as leaving the scene of an accident.

The LESSEE certifies that he/she will examine the craft and find it acceptable and suitable for the purpose for which it is rented. The Lessee agrees to return this vessel on or before the expiration of the rental period in the new condition it is in.

If the vessel is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, and/or replace the vessel with a like craft in good repair.

The LESSEE acknowledges he/she has carefully examined the vessel 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 vessel and equipment in a safe, dependable condition while in his/her custody.

LESSEE agrees not to use, or permit the use:

1. of the rental vessel for any unlawful purposes;
2. of the rental vessel in a careless or negligent manner;
3. of the rental vessel while under the influence of alcohol and/or narcotics;
4. by any other person not signatory of this agreement, or not equally qualified;
5. of anyone under the age of 18 years old to rent this vessel or be over 18 years old with proof of boater's safety certificate and proper identification.

Lessee acknowledges his/her responsibility for the safe and proper operation of the vessel; and for the safety and welfare of other craft operator and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconveniences of time lost caused by accident, breakdown, law enforcement intervention or malfunction of the rental vessel. LESSEE FURTHER AGREES to indemnity and to hold harmless the LESSOR from, and against any and all claims for loss of/or damage to property or injury to person(s) (including death) resulting though the use, operation and/or possession of said rental vessel. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on, the rental vessel, including loss or damage caused by fire, water, theft or any other causes whatsoever.

The LESSEE expressly agrees to indemnity and holds LESSOR harmless of, from, and against any and all losses, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by the LESSOR, including expenses incurred in collection or attempting to collect delinquent rent. In the event of suit by LESSOR to recover possession of said rental property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of the LESSOR.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental vessel the LESSEE will immediately report same to the LESSOR. Continued use of the vessel shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damages to all persons and property that may become involved by its continued use.

LESSOR'S ability to provide a rental vessel, if reserved, is contingent upon and subject to the return of the unit by the previous lease, or any other causes beyond the scope of the LESSOR'S control.

LESSOR 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 or a gift certificate will be issued in the amount of the time remaining or a full refund can be issued. The rules and regulations contained herein and as posted in the office, on the vessel, and/or by the grounds by the LESSOR are for the safety and welfare and/or all who use the facilities. The LESSEE expressly agrees to hold SEBASTIAN INLET MARNA DBA CAPTAIN HIRAM'S harmless from any suit, claim or said charges what so ever. The LESSEE 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 all the rules.

Should any term or condition of the Rental Agreement be held void or unenforceable, then that term shall be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BEWEWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAD BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

LESSOR: SEBASTIAN WATER CRAFT RENTALS INC.

I have read the above thoroughly and understand everything I have read. I am also agreeing that the above signature is mine and I am 18 years old or older, and the driver will have proof of a boater's safety certificate and valid photo ID or born before Jan. 1st 1988 with valid photo ID!

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING

ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

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 and other activities (collectively the “Activities”) provided by Sebastian Watercraft Rentals Inc. (the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has 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 understands 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 specifically understands that he/she is 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 Hose 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 certifies that he/she 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 understands that his/her participation in the Activities is voluntary and further understands that he/she has the opportunity to inspect the Host’s Equipment, vessels, and facilities before any participation.
The Participant understands that he/she 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 observes any unusual hazard or condition, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself 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.

Personal Responsibility
The Participant’s parent(s) or natural guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities or using the Equipment and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or natural guardian(s) understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s vessels, Equipment, and facilities before any participation.
The Participant and his/her parent(s) or natural 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 and/or using the Equipment, the Participant or his/her parent(s) or natural 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 natural guardian(s) will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby agrees that he/she will explain to his/her child that the risk of injury while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SEBASTIAN WATERCRAFT RENTALS INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SEBASTIAN WATERCRAFT RENTALS INC. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SEBASTIAN WATERCRAFT RENTALS INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

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.