• Renter acknowledges that the use of the Equipment involves inherent risks, including but not limited to bodily injury, drowning, property damage, or death due to water conditions, weather, collisions, capsizing, or Renter's physical condition or actions.
• Renter represents that they are physically fit, have sufficient skills to operate the Equipment safely, and have no medical conditions that would impair their ability to participate in watersports activities.
• Renter expressly acknowledges and assumes all inherent risks, dangers, and consequences associated with the use of the Equipment and participation in watersports activities.

2. Liability Release and Waiver

• To the fullest extent permitted by law, Renter hereby releases, waives, discharges, and agrees not to sue WMER, its owners, employees, agents, or affiliates (collectively, "Released Parties") from any and all liability for any claims, damages, injuries, or losses arising out of or related to the rental or use of the Equipment, including those caused by the negligence of the Released Parties.
• Renter agrees to indemnify and hold harmless the Released Parties from any claims, costs, or liabilities, including attorney fees, arising from Renter's use of the Equipment or breach of this Agreement.

• Condition of Equipment: Renter acknowledges receiving the Equipment in good working condition and agrees to inspect it prior to use. Any pre-existing damage must be reported to WMER immediately.
• Use of Equipment: Renter agrees to use the Equipment solely for its intended purpose in designated watersports areas and in compliance with all applicable laws, regulations, and WMER instructions.
• Return of Equipment: Renter shall return the Equipment to WMER at the agreed-upon time and location in the same condition as received, normal wear and tear excepted. Late returns may incur additional fees.
• Damage or Loss: Renter is responsible for any damage to or loss of the Equipment during the rental period and agrees to pay WMER the full repair or replacement cost, as determined by WMER.
• Cleaning Fees: If Equipment is returned unclean, Renter may be charged a reasonable cleaning fee.

• Renter agrees to adhere to all rules and regulations regarding the possession and use of life jackets, including the following:
  
  • All vessels, except sailboards and certain racing shells or rowing sculls, must have at least one U.S. Coast Guard (USCG)-approved wearable life jacket for each person on board. Life jackets must be readily accessible, in good and serviceable condition, and properly sized for the intended wearer.
  • Vessels 16 feet or longer, except canoes or kayaks, must have one USCG-approved throwable flotation device on board and readily accessible.
  • All children 12 years of age and younger must wear a USCG-approved life jacket at all times while underway on any vessel, with all fasteners secured and properly fitted according to the manufacturer’s design.
  • Each person operating or riding on a personal watercraft (e.g., Jet Ski or Wave Runner) or being towed behind a vessel (e.g., water skiing) must wear a USCG-approved life jacket, adjusted for a snug fit with all fasteners secured according to the manufacturer’s design.
  • Before use, Renter must ensure life jackets are undamaged, properly sized for chest size and weight, and have all buckles buckled and zippers zipped.
  • Inflatable life jackets are not permitted for persons under 16, nonswimmers, or for use in towed sports or on personal watercraft.
• Renter acknowledges receiving and understanding WMER's safety instructions and agrees to follow them, including avoiding alcohol or drug use before or during Equipment operation.
• Renter shall not allow any other person to use the Equipment unless expressly authorized by WMER.

• Renter agrees to pay the rental fees as outlined by WMER at the time of rental. Additional charges for late returns, damage, loss, or cleaning will be billed to Renter.
  
• A valid credit card or deposit may be required to secure the rental.

• Agreement on their own behalf and on behalf of the minor, and that the minor shall be bound by all terms of this Agreement, except for any provision contrary to law. The undersigned agrees that, but for this consent, the minor would not be permitted to rent or use the Equipment, and acknowledges this Agreement to allow the minor to participate in watersports activities. The undersigned represents that they are the legal parent or guardian of the minor Renter and agrees to indemnify and hold harmless the Released Parties from any claims, costs, or liabilities, including attorney fees, arising from any misrepresentation of this guardianship.
  

• I agree that any and all claims directly or indirectly arising from or related to this Agreement, including any and all tort or contract claims arising from my participation in the Activity under this Agreement, shall be governed by Arizona law, and that the exclusive jurisdiction for any claim shall be in the Superior Court of Navajo County, Arizona, without regard to where the incident giving rise to any lawsuit occurs and without regard to any jurisdiction’s conflicts of laws analysis.
  

• Photography and Video: Renter agrees that WMER may utilize photographs or videos of Renter participating in watersports activities for any purpose, and that any such images are the property of WMER.
  
• Severability: If any sentence, clause, paragraph, or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect.
• Modification: This Agreement may be modified only in writing.
• Entire Agreement: This Agreement supersedes and replaces any prior agreements, including any prior agreements to assume risks, signed or acknowledged by Renter.
• Electronic Signatures and Copies: An electronic signature or acknowledgment of this Agreement is fully binding and enforceable. A copy of this executed Agreement may be used as if it is the original.

• By electronically acknowledging this Agreement, Renter confirms that they have carefully read the foregoing Agreement and understand its contents. Renter is aware that they are releasing certain legal rights that they or their minor child otherwise may have. Renter agrees to be fully bound by the terms of this Agreement.