Upon placing a reservation, the following TERMS AND CONDITIONS apply:

SECURITY DEPOSIT & FINANCIAL AGREEMENT

The client (“RENTER”) hereby authorizes Novak Rentals, LLC d/b/a Next Wave Watersports ("Company"), to charge RENTER’S credit/debit card for any and all damages caused to any jet ski, watercraft or boat rented by RENTER and for any expense incurred by the Company as a result of any damage that came during RENTER’S rental period.

Collectively, all damage to jet ski, watercraft and boat and repair expenses incurred by Company shall by referred to as "Damages".

RENTER agrees that the company, in its sole discretion, will have the absolute right to retain a portion of or whole amount and to charge additional fees to pay for all Damages sustained to the jet ski, watercraft or boat during the rental period.

RENTER further agrees and understands that the Security Deposit may not be adequate to cover all Damages and fees, and RENTER agrees that the Security Deposit will not be the limit to RENTER’S financial responsibility should the Damages sustained by in excess of the Security Deposit. Understanding this RENTER further authorizes Company to charge RENTER’S credit/debit card any additional amounts to cover Damages that exceed the initial security deposit.

Should the Company be forced to institute litigation to enforce the provisions of this agreement, the Company shall be entitled to recover from the RENTER, in addition to all damages sustained, all of its costs including legal and attorney's fees.

FEES

LATE FEE: $8 late fee per minute that the jet ski is not returned after the rental period ends.

OUT OF BOUNDARIES: Leaving the defined boundaries or going into the Playpen or Chicago River will result in a $500 fine from Company.

SPEEDING IN NO WAKE ZONE: Exceeding a no wake speed in no wake areas will result in the company retaining RENTER’S security deposit ($500). RENTER understands that RENTER will also be liable for damages to any other vessels caused by the wake of RENTER’S rented PWC.

LOST REVENUE: The Company can charge RENTER’S card on file $500 per weekday, and $1000 per weekend day for any time that the jet ski that RENTER rented is unusable due to necessary repairs for damages that incurred during RENTER’S rental period.

FIBERGLASS AND/OR HULL DAMAGE/JET SKI DAMAGE: RENTER authorizes Company to charge $125 per inch for fiberglass and or hull damages that occurred during RENTER’S rental period.

FLIPPED JET SKI: A flipped jet ski will result in a forfeiture of RENTER’S security deposit ($500) plus any additional fees, such as towing, hull and mechanical repairs and lost revenue.

TOW: A jet ski requiring a tow as a result of RENTER’S actions will result in a fee of $500. This is in addition to any and all damages set forth above during the rental period.

REPOSSESSION OF THE WATERCRAFT: RENTER acknowledges that Company, has the right to repossess the jet ski at any time for various reasons, including being used in a manner that violates the law or the terms of this Agreement. If the jet ski is repossessed by Company, no refund will be issued and RENTER understands that RENTER is still liable for any damages and fines issued by Company.

ADDITIONAL CHARGES:

• Impeller replacement: $1000
• Glove box cover: $100
• Torn or damaged seats: $500/seat
• Life Jacket: $80
• Fire Extinguisher: $50
• Missing/damaged bumper: $200
• Lost key: $75

The list of charges is not exhaustive and not a waiver of responsibility for other damages to the Jet Ski and lessee shall be fully financially responsible to Company for Damages incurred.

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Novak Rentals, LLC d/b/a Next Wave Watersports (hereinafter referred to as "NWWS"), the RENTER, including but not limited to themselves, their spouse, children, parents, heirs, assigns, personal representative and estate, hereby agrees to release, indemnify, and discharge NWWS, as to the following.

1. RENTER acknowledges that water sports offered by NWWS entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to RENTER, to property, or to third parties. RENTER understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, but is not limited to among other things: variances and extremes of wind, weather and temperature, falls from height resulting in injury, wind shear, inclement weather, lightning, changing water flow, tides, shallow water, currents, wave action and ships’ wakes; the exposure to insects and aggressive and/or poisonous marine life; RENTER’s sense of balance, physical coordination, and ability to operate equipment, swim and/or follow directions may be affected in addition to equipment failure or operator error; injury in the event that RENTER collides with any other participants, the watercraft, other watercraft, and manmade or natural objects; exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; exposure to cold water can result in cold shock, hyperventilation, and hypothermia and in extreme cases accidental drowning is a possibility. Additionally, fatigue, chill and/or dizziness may diminish RENTER’s reaction time and increase the risk of an accident.

2. RENTER expressly agrees and promises to accept and assume all the risks and responsibilities existing in this activity to themselves, by rider and to return the rented equipment in the exact condition as rented. RENTER knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of the NWWS or others, and assumes full responsibility for RENTER’S participation. Furthermore, RENTER’S participation in this activity is purely voluntary, and RENTER elects to participate in spite of the risks. Additionally, RENTER agrees to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in any NWWS activity.

3. RENTER hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless NWWS from any and all claims, demands, or causes of action, which are in any way connected with RENTER’S participation in this activity or RENTER’S use of NWWS's, services, equipment, and/or facilities, including any such claims which allege negligent acts or omissions of NWWS.

4. Should NWWS or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, RENTER agrees to indemnify and hold them harmless for all such fees and costs.

5. RENTER certifies that RENTER has adequate insurance to cover any injury or damage RENTER may cause or suffer while participating, or else RENTER agrees to bear the costs of such injury or damage themselves. RENTER further certifies that RENTER is willing to assume the risk of any medical or physical condition RENTER may have.

6. In the event that RENTER files a lawsuit against NWWS, RENTER further agrees that the substantive law shall apply in that action without regard to the conflict of law rules of that state. RENTER agrees that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

7. RENTER understands that this release discharges NWWS from any liability or claim that RENTER, their heirs, or any personal representatives may have against it with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from NWWS, including but not limited to participation in this activity. This liability waiver and release extends to the NWWS team, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf.

8. RENTER acknowledge that if anyones hurt or property is damaged during RENTER’S participation in this activity, RENTER may be found by a court of law to have waived RENTER’S right to maintain a lawsuit against NWWS, the Chicago Park District and Westrec Marinas on the basis of any claim from which RENTER has released them herein.