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TERMS & CONDITIONS

RELEASE AND WAIVER OF LIABILITY AGREEMENT

 

THIS IS A LEGALLY BINDING AGREEMENT:

By clicking “I AGREE” to the “TERMS OF SERVICE,” you relinquish your right to bring a court action to recover compensation or obtain any other remedy for any personal injury or property damage, however caused, arising out of your participation in AquaRider Rentals LLC activities, now or at any time in the future.

 

ASSUMPTION OF RISK:

I acknowledge that inherent risks and dangers cannot be eliminated regardless of the care taken to avoid injuries when operating an underwater scooter. These include, but are not limited to, risks of injury, drowning, collision, and hypothermia. Despite these risks and dangers, I wish to proceed, and I freely accept and assume all risks and hazards that may arise from my participation in the activities and that could result in personal injury, death, or property damage to me or to others.

 

SAFETY GUIDELINES AND INSTRUCTIONS:

I agree to adhere strictly to all safety guidelines and instructions provided by AquaRider Rentals LLC. These guidelines include, but are not limited to, wearing the appropriate safety gear, following the recommended operational procedures of the underwater scooter, maintaining a safe distance from other underwater scooters, and refraining from any reckless behavior. Failure to adhere to these guidelines and instructions may result in the immediate termination of the rental agreement without any refund.

 

QUALIFICATIONS AND EXPERIENCE:

I attest that I possess all qualifications and certifications necessary to operate the underwater scooter. These qualifications include, but are not limited to, minimum age requirements, adequate swimming abilities, and previous experience with similar equipment. I understand that AquaRider Rentals LLC reserves the right to deny service if it is determined that I do not meet these qualifications.

 

RENTAL DURATION AND FEES:

I understand and agree that the rental duration is limited to the period specified at the time of rental. Additional fees, which may include late fees, may apply if the equipment is not returned within the agreed-upon time frame.

 

LIABILITY WAIVER:

I voluntarily release, forever discharge, and agree to indemnify and hold harmless AquaRider Rentals LLC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of AquaRider Rentals LLC's equipment or facilities, including any such claims that allege negligent acts or omissions of AquaRider Rentals LLC.

 

INDEMNIFICATION:

Should AquaRider Rentals LLC or anyone acting on its behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

 

EQUIPMENT CONDITION:

I acknowledge that AquaRider Rentals LLC has given me the opportunity to inspect the underwater scooter prior to use. I accept the equipment "as is" and agree to return it in the same condition. I am responsible for any damage beyond normal wear and tear that occurs during my usage period.

 

RESERVATION AND CANCELLATION POLICIES:

I agree to AquaRider Rentals LLC reservation and cancellation policies, which are located in the FAQ section in the app.

 

ALCOHOL AND DRUGS POLICY:

I agree not to operate the rented equipment under the influence of alcohol, drugs, or any other substances that may impair my ability to safely operate the equipment.

 

PRIVACY POLICY:

I have read and agree to AquaRider Rentals LLC Privacy Policy, which explains how my personal information will be used by AquaRider Rentals LLC.

 

AGE CONFIRMATION:

I affirm that I am of legal age (18 years or older) and am freely agreeing to this agreement. I have read this form and fully understand that by clicking on the “AGREE” button, I am giving up legal rights and remedies.

 

IMAGE RELEASE:

I agree that AquaRider Rentals LLC may use my image for promotional purposes, including but not limited to social media, brochures, and other advertising materials.

 

SEVERABILITY:

If any part of this agreement is deemed void or unenforceable, the remaining terms are still considered valid and enforceable.

 

FORCE MAJEURE:

I understand that AquaRider Rentals LLC is not liable for any failure to perform due to unforeseen circumstances or causes beyond AquaRider Rentals LLC's reasonable control.

 

EQUIPMENT MAINTENANCE AND CLEANING:

I agree to return the rented equipment in a clean and well-maintained state. I understand that failure to do so may result in additional cleaning or maintenance charges.

 

LATE RETURN PENALTIES:

I understand and agree that if I return the rented equipment past the agreed-upon return time, I may be subject to late return penalties.

 

LOSS/THEFT:

I understand and agree that in the event of loss or theft of the rented equipment during the rental period, I will be responsible for its replacement cost.

 

JURISDICTION AND VENUE:

This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. Any legal action arising out of or relating to this Agreement will be conducted in the courts of the state of Florida.

 

TERMINATION:

AquaRider Rentals LLC reserves the right to terminate this Agreement at any time, for any reason, without penalty.

 

ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between the Renter and AquaRider Rentals LLC, and supersedes all prior oral or written agreements, understandings, or representations.

 

AMENDMENTS:

This Agreement may only be amended in writing and signed by both parties.

 

BY PROCEEDING, I acknowledge that I have thoroughly read this agreement, understand its content, and voluntarily agree to its terms.

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