Radical Rentals, LLC
Hold Harmless &
General Release Agreement
This Rental Agreement — Waiver and Release of Liability, Assumption of Risk, and Indemnity — is made and entered into on this date, by and between Radical Rentals, LLC, 555 E St. Pittsfield, MA 01201 ("Provider") and the undersigned Renter.
The Renter hereby releases, waives, discharges, and covenants not to sue Radical Rentals, LLC, its officers, agents, employees, and affiliates ("Releasees") from any and all liability, claims, demands, actions, and causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Renter or their property while renting any jet skis, pontoon boats, or other rental equipment. This includes any injury, disability, death, or loss from a hidden, latent, or obvious defect in equipment, waters, or any failure to properly instruct, supervise, or train.
Renter agrees to indemnify and hold harmless the Releasees from any loss, liability, damage, or costs, including court costs and attorneys' fees, incurred due to Renter's use of rented equipment, whether caused by negligence of Releasees or otherwise. Renter further agrees that failure to notify Provider of all potential operators, passengers, or users of equipment results in personal liability for any damages to those undisclosed individuals.
Renter acknowledges that use of jet skis, pontoon boats, and other rental equipment involves inherent risks including serious bodily injury, permanent disability, paralysis, and death. These risks may be caused by the Renter's own actions, others' actions, equipment conditions, or the negligence of Releasees. Renter voluntarily assumes all risks of injury associated with these activities, whether known or unknown, foreseen or unforeseen, and accepts full responsibility for any resulting damages. Renter acknowledges being advised to wear appropriate safety gear and follow all Provider safety instructions.
Renter shall familiarize themselves with all operating instructions for the personal watercraft (PWC). Renter shall ensure the PWC is used in a safe manner. The PWC shall not be used for stunts, racing, towing of persons or property, or any use likely to result in injury or damage. Renter agrees to operate watercraft only in designated riding areas and to always wear a life jacket.
The Renter acknowledges receipt of 323 CMR 4.00, governing personal watercraft operation in Massachusetts, and the pamphlet "Boat Massachusetts — Your Guide to Boating Laws and Responsibilities" issued by the Massachusetts Environmental Police. Renter agrees to familiarize themselves with and adhere to all applicable rules.
View 323 CMR 4.00 — MA Personal Watercraft Regulations
4.01 Purpose and Scope
To protect public safety by establishing rules governing PWC operation, promoting compliance, and deterring violations through fines and penalties.
4.02 Definitions
Headway speed:
slowest speed maintaining steerage. Personal watercraft:
vessel propelled by water jet pump, operated by person sitting, standing, or kneeling.
4.03 Operation
(1) Minimum Age: No person under 16; ages 16–17 require safety certificate.
(2) PFD: Coast Guard approved Type I, II, III or V required for all persons aboard at all times.
(3) No towing of water skiers or persons from a PWC.
(4) No operation between sunset and sunrise.
(5) Safe and prudent operation required.
(6) Negligent operation prohibited: jumping wakes, following water skiers within 150 ft, weaving through congested traffic.
(7) No modification of exhaust/muffler.
(9) Lanyard cut-off switch must be attached to operator at all times.
4.04 Rental Requirements
No rental to persons under 16 or ages 16–17 without safety certificate. Each rental must include copy of 323 CMR 4.00. Safety stickers must be affixed. PFD provided and safe operation explained.
4.05 Penalties
Violations constitute violations of M.G.L. c. 90B and are subject to applicable penalties.
Renter certifies they have received adequate safety and operational instruction for all equipment and are capable of handling and operating it safely. Renter agrees not to use 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 safety instructions received from Provider.
This Agreement shall be governed by the laws of the State of Massachusetts. If Provider prevails in any litigation, Renter agrees to pay Provider's litigation expenses including reasonable legal fees and court costs.
Severability: If any provision is held invalid, remaining provisions remain valid and enforceable.
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral agreements.
Renter Signature *
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Agreement & Submission
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Waiver Submitted
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Ride safe and have a blast!
