JETSKI HIRE AGREEMENT

I am aware that riding a Jetski involves many inherent risks, dangers and hazards, including but not limited to: exposed rock, coral, reef, sand or natural objects; shells, floating objects and waves about the water surface; changes or variations in the sun, clouds, wind and or rain or water surface which may create blind spots or reduced visibility; impact or collision with other Jetskis, vessels or persons. I acknowledge that riding Jetski’s in Queensland is a dangerous activity, with a high risk of serious bodily injury or death to others or myself and understand it is strongly encouraged to have medical insurance prior to engaging in this activity.

Registered 18+ Skipper with PWC license must drive, i.e. Children may not drive Jetskis. Children under 7 years of age are not permitted on Jetskis. Guests 16 years may drive Jetski with adult passenger assuming they take the inherent risk and resume of costs of damages outlined in this waiver.

Failure to follow these policies, rules and regulations will result in removal of Jetski with no refunds. I shall be liable for any loss of equipment, equipment value and property damages or injury to any person caused by use of equipment. TRIDENT JETSKIS PTY LTD, TRIDENT JETSKIS BRISBANE PTY LTD, or its affiliates is not to be liable for any loss outside of the terms and conditions of TridentCover and only in the circumstances TridentCover applies.

PWC RULES

- An adult 18+ with a valid PWC licence must be on the Jetski at all times while underway.

- A life vest-floatation device must be worn at all times.

- No alcohol or drug consumption at any time during Jetski rental.

- The Jetski must not be driven past sunset.

- ONLY THREE PEOPLE PER JETSKI ALLOWED.

- ACKNOWLEDGE the 225kg. total weight limit.

- Ride at your current skill level, Do not push your limit, be careful and practice Safety.

- Do not make sharp turns and do not jump waves or cause the Jetski to leave the water.

- Do not drive the Jetski at a speed exceeding 6 knots within 60 meters of guest swimming and beach areas, docks or near snorkelers, divers or paddle craft. Do not attempt to splash or spray another person.

- Be aware of other drivers and vessels. Do not drive too close to other vessels.

- Do not park and leave vessel or equipment or keys unattended.

- Jetskis are to be returned on time or additional fees will be accessed.

- Overtime charges are $500 per day.

- You may only operate the Jetski in smooth and partially smooth waters unless the proper offshore equipment is on board and given written permission by Trident Jetskis.

- Jetski must be returned with full fuel

I agree to be personally liable and financially responsible for all loss of and damage caused to any Jetski, other vessel or equipment covered by this agreement. I AGREE TO PAY FOR ALL SUCH LOSS OR DAMAGE. I also agree to pay for the loss of use of any Jetski or other vehicle covered by this agreement damaged by myself at the rate of $100 per day from the date of damage until repaired and replaced in rental service, not to exceed 14 days.

I hereby authorise any charges as part of this transaction for any damages or fines I may incur.

WAIVER

For and consideration of electing and being allowed to participate in certain recreational activities including Jetski Rentals (The “Activities”), the skipper (“Skipper”) named at the top of the PWC RENTAL AGREEMENT does hereby (i) acknowledge the danger and assume the risk of participating in the activities; and (ii) expressly and forever waive and release any and all claims, proceedings, or actions for personal injury, death, or any loss or damage whatsoever (the “damages”) that Skipper may suffer arising out of or in connection with Skipper’s participation in the activities, and Skipper further releases and agrees to hold harmless TRIDENT JETSKIS PTY LTD, and each of their affiliates, parents, subsidiaries, shareholders, officers and directors, agents, and employees from any and all liability for damages to Skipper or Skipper’s heirs and successors arising out of Skipper’s participating in any activities. Skipper also accepts financial responsibility for the loss of or damage to any equipment used by skipper. Skipper further acknowledges that the activities are provided by TRIDENT JETSKIS PTY LTD, or its agents, and that any controversy arising in connection with this Waiver and Release or the participation by Skipper in the Activities shall be governed by AUSTRALIAN and QUEENSLAND LAW and shall be adjudicated in the appropriate forum located in Queensland Australia.

By executing this WAIVER, Skipper agrees to abide by all of the rules relating to the activities, and Skipper acknowledges that they may be relinquishing valuable legal rights. Execution of this form shall be conclusive evidence that Skipper has read and understands this form, the AGREEMENT, and the PWC RULES in its entirety and intends to be bound by its terms.