In exchange for participation in the activity of Jet Skiing organized by Luxury Jet Ski Rentals LLC, of 9121 Kenwood Dr Apt 21, Spring Valley, California, 91977 and/or use of the property, facilities and services of Luxury Jet Ski Rentals LLC, I agree for myself and (if applicable) for the members of my party, to do the following:
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Luxury Jet Ski Rentals LLC, or the employees, representatives or agents of Luxury Jet Ski Rentals LLC
I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my party, and further release and discharge Luxury Jet Ski Rentals LLC for injury, loss or damage arising out of my or my party’s use of or presence upon the facilities of Luxury Jet Ski Rentals LLC, whether caused by the fault of myself, my party, Luxury Jet Ski Rentals LLC or third parties.
I agree to indemnify and defend Luxury Jet Ski Rentals LLC against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my party’s use of or presence upon the facilities of Luxury Jet Ski Rentals LLC.
I agree to pay for all damages to the facilities of Luxury Jet Ski Rentals LLC caused by me or my party’s negligent, reckless, or willful actions.
Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Luxury Jet Ski Rentals LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.
This Agreement and each of its terms are the product of an arms’ length negotiation between the parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision given rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code 1654 to this Agreement, as well as any other statute or common law principles of similar effect.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgement on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof.
I have read this document and understand it. I further understand that by signing this release, I voluntarily surrender certain legal rights.