1. RELEASE AND WAIVER OF LIABILITY
The Renter hereby releases, waives, discharges, and covenants not to sue Radical Rentals by Blackluxe Limousine, LLC, its officers, agents, employees, and affiliates (collectively referred to as “Releasees”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Renter, or to any property belonging to the Renter, while renting and using any jet skis, pontoon boats, or other rental equipment provided by the Provider. This includes any injury, disability, death, or loss or damage to person or property sustained as a result of a hidden, latent, or obvious defect on the waters or any of the equipment used, or any failure to properly instruct, supervise, or train.

2. INDEMNIFICATION
Renter agrees to indemnify and hold harmless the Releasees from any loss, liability, damage, or costs, including court costs and attorneys’ fees, that they may incur due to the Renter’s use of rented equipment, whether caused by the negligence of Releasees or otherwise. Renter further agrees that in the event that he/she fails to notify Provider of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damage arises out of the negligence or fault of Provider.

3. ASSUMPTION OF RISK
Renter acknowledges and fully understands that the use of jet skis, pontoon boats, and other rental equipment involves inherent risks and dangers that may result in serious bodily injury, including permanent disability, paralysis, and death. These risks and dangers may be caused by the Renter’s own actions or inactions, the actions or inactions of others, the condition of the equipment or the environment, or the negligence of the Releasees. Renter voluntarily and expressly assumes all risks of injury or harm associated with these activities, whether such risks are known or unknown, foreseen or unforeseen, and accepts full responsibility for any damages that may occur as a result of engaging in these activities. Renter acknowledges that they have been advised to wear appropriate safety gear and to follow all safety instructions provided by the Provider. Renter further understands that they are not required to participate in any activities presented and may refuse to participate in any activities they feel uncomfortable with or which they feel cannot be completed safely.

4. GENERAL TERMS AND CONDITIONS
Renter certifies that they have received adequate and proper safety and operational instruction for the equipment and watercraft from Provider and are capable in all aspects of the handling and operation of such equipment and watercraft and following all safety instructions. Renter agrees not to use, nor permit the use of the equipment for (a) any unlawful purpose; (b) in a careless, reckless, or negligent manner; (c) while under the influence of alcohol and/or drugs; or (d) in violation of the safety instructions received from Provider.

5. JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts. In the event Provider prevails in any litigation or claim relating to the enforcement of the provisions contained herein, Renter agrees to pay and indemnify Provider for its litigation expenses, including reasonable legal fees and court costs.

6. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

7. ENTIRE AGREEMENT
This Agreement Constitutes the entire agreement between the parties and supersedes any prior written or oral agreements related to the subject matter

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.

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