Rental and Charter Agreements & Waivers

---

This Charter Agreement ("Agreement") is entered into by the undersigned ("Charterer") and Mass Wake ("Charter Manager") for the charter of the specified vessel ("Vessel") as detailed in the corresponding reservation. The Charterer agrees to the terms and conditions set forth in this Voyage Charter Party ("Charter") for the duration of the charter period ("Charter Period").

1. Charter and Payment
The Charterer agrees to charter the Vessel from the Charter Manager for the Charter Period at the agreed hourly rate ("Hire"). The Charterer shall pay the Charter Manager:
• 50% of the minimum Hire amount upon execution of this Agreement.
• The remaining 50% of the minimum Hire amount no later than seven (7) days before the Charter Period commences.
The Charterer is responsible for paying any additional Hire accrued for time beyond the Charter Period. The minimum Hire is considered fully earned upon execution of this Agreement. The Charterer understands that the charter will not commence unless full payment is made prior to boarding. Payment for any extension of the Charter Period must be received before the extension begins.

2. Delivery and Return of Vessel
The Charter Manager will deliver the Vessel to the Charterer at the start of the Charter Period at the Vessel’s ("Delivery Location"), unless otherwise specified. The Charterer agrees to return the Vessel to the Charter Manager at the Delivery Location at the end of the Charter Period, in the same condition as at the commencement of the Charter, free from any liens, encumbrances, damage, or defects.

3. Vessel Condition and Acceptance
The Charterer accepts the Vessel "as is" and "where is," with no express or implied warranties, including but not limited to, warranties of merchantability or fitness for a particular purpose. The Charterer acknowledges having had the opportunity to inspect the Vessel prior to the Charter Period and finds it satisfactory, seaworthy, and suitable for its intended use.

4. Indemnification
The Charterer, including all guests, agrees to indemnify, defend, and hold harmless the Charter Manager, its members, managers, officers, employees, and agents ("Charter Manager Group") from any and all claims, liens, losses, expenses, damages, and penalties arising from the use or operation of the Vessel during the Charter Period, except for those resulting solely from the gross negligence or willful misconduct of the Charter Manager Group. The Charterer is responsible for ensuring that all guests are informed of and comply with these indemnification terms.

5. Expenses
The Charterer is solely responsible for all expenses related to the Vessel's management, navigation, use, and operation during the Charter Period. Additionally, the Charterer will pay any fines, penalties, or other charges levied by any government authority as a result of the Charterer’s actions.

6. Use and Operation of Vessel
• The Vessel’s maximum capacity is limited to Fourteen (14) individuals for the Varatti Wake Boat, seven (7) individuals for the Chris Craft, and two (2) individuals for each of the Seadoo PWCs, excluding the master and crew.
• The Vessel’s use is restricted to navigable and safe waters within ("Cruising Area").
• The Charterer shall not operate the Vessel but must cooperate fully with the master and crew and refrain from interfering with Vessel operations.
• Smoking is prohibited in all areas of the Vessel. The use of marijuana and illicit drugs is strictly forbidden.
• The Charter Manager is not liable for any damages, loss of time, or expenses resulting from accidents, strikes, delays, or other unforeseen circumstances.
• The Charterer shall not damage, alter, or modify the Vessel in any way.
• The Charter Manager reserves the right to withdraw the Vessel from service or terminate the Charter at its discretion.
• The Charterer must ensure compliance with all applicable laws and regulations during the Charter Period.
• No pets or animals are permitted on board without prior written consent from the Charter Manager.
• The Charterer is responsible for ensuring that all guests do not cause any nuisance or harm to the Vessel’s reputation.

7. Miscellaneous Provisions
• Survival: The obligations of the parties under this Agreement, including indemnity, shall survive the termination of the Charter Period.
• Assignment: This Agreement is binding upon and inures to the benefit of the parties' successors and assigns. Assignment of this Agreement requires prior written consent.
• Bankruptcy/Death: This Agreement may be terminated in the event of the death, bankruptcy, or assignment for the benefit of creditors of either party.
• Notices: All notices under this Agreement must be in writing and delivered to the addresses provided by the parties.
• Governing Law and Jurisdiction: This Agreement is governed by U.S. General Maritime Law or, where applicable, by the laws of the Commonwealth of Massachusetts. Any disputes arising from this Agreement must be filed within one (1) year of the end of the Charter Period in the U.S. District Court for the District of Massachusetts. The parties hereby waive their right to a jury trial and agree to accept service of process by courier.
• Entire Agreement/Modification: This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings. Any modifications to this Agreement must be in writing and signed by both parties.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• No Waiver: Failure to enforce any rights under this Agreement shall not constitute a waiver of those rights.
• Headings: The headings in this Agreement are for convenience only and do not affect the interpretation of the terms.

By purchasing this service, the Charterer acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.

THIS JET-SKI RENTAL AGREEMENT CONSTITUTES A CONTRACT

BETWEEN RENTER(S) AND MASS WAKE / NORTHSHORE JETSKI RENTAL

1. TAX AND FUEL: All rental units will come with a full tank of gas. The unit needs to be returned to a full tank of gas after use. A 10% gas fee is applied to every rental. Unleaded 93 octane gas is mandatory.  A 6.25% Massachusetts sales tax is included for all rentals. 

2. INSPECTION OF EQUIPMENT- Owner(s) certify that the jet-ski(s) are in good mechanical and physical condition. Renter(s) will inspect said Equipment and leases the same without any representations by Owners(s). If equipment has damage or problems Renters(s) must report damage prior to rental. Renters(s) will be held responsible for any damage to the ski that is not reported at the time of drop off.

3. DAMAGES TO EQUIPMENT - The Damage Deposit: A damage deposit of $500.00 will be collected for each watercraft rented. The deposit will be applied toward the cost of the repairs of all damage suffered to the watercraft. If the cost of damages exceeds the damage deposit, the User agrees he/she is fully responsible for the remainder of the costs incurred to repair or replace the watercraft to the same condition as the time the rental agreement was started. Furthermore, the User understands and agrees that he/she who is known to Northshore Jetski Rental as the User, is the only person allowed to use the watercraft for the entire rental period. The User also understands that he/she is responsible for the retrieval and/or replacement of the watercraft, life jacket, or any safety items, if these items are in any way lost, stolen or misplaced during the rental period. Should any damages exceed the $500.00 damage deposit, MASS WAKE / NORTHSHORE JETSKI RENTAL will provide an itemized repair bill, including lost rental time (rental time begins with the date of the itemized repair bill, and stops when the watercraft is once again available for rental). The itemized repair bill, including lost rental time, must be paid in full upon User’s presentation of the bill. The security deposit shall not bear interest. The User shall be responsible for damages at and beyond the $500.00 damage deposit. 

PLEASE BE AWARE: Major problems that can arise are few but costly. For example, damage to the impeller can cost several hundred dollars for debris sucked into the jet ski while damage to the engine due to overheating because of debris being sucked in can cost several thousand dollars.

4. THEFT OR LOSS: In case of theft or loss, Renter(s) is responsible for the replacement value of the Equipment. In case of abuse or damage, Renter(s) will be charged for the repair or replacement of the Equipment.

5. INSURANCE: NORTHSHORE JETSKI RENTAL offers NO insurance coverage for equipment damage incurred during your rental period. Please check your homeowner, auto, or credit card policy to see if there is an endorsement available to you.

10. JET-SKI OPERATION: Renter(s) acknowledge and agree that the Equipment will be operated by Renter(s) named above prior to taking custody of it. Renter(s) warrant that Renter(s) is a qualified operator of said Equipment; that Renter(s) will not allow any other persons except a member of their party to operate the equipment. Renter(s) will be responsible for all such operations. Renter(s) will not operate the Equipment, or permit anyone to operate the Equipment, while under the influence of alcohol or drugs. Renter(s) will be responsible for the operation of the equipment within all laws.

6. JET-SKI USE: The Renter(s) agrees not to permit the use of or to use the jet-ski for transportation of persons or property for hire and not to allow more than three persons (jet ski) or the maximum listed weight upon the jet-ski at any one time.

7. REPAIRS – SERVICE CALLS: Renter(s) acknowledges and understands that Owner(s) cannot guarantee mechanical failures of the rental equipment will not take place. Renter(s) agrees to immediately notify Owner(s) of defective or non-working units. Owner(s) will make every reasonable effort to repair or replace defective units as quickly and efficiently as possible. Repair due to normal wear and tear on the Equipment will be made by the Owner(s). Should a repair person make a call to repair or replace a unit that is found to be in working order and the problem was due to Renter(s) oversight or neglect or misuse, Renter(s) agrees that the repair call costs may be deducted from the Renter(s) security deposit.

8. LOSS OF RENTER(S) PROPERTY: It is expressly agreed that Owner(s) shall not be liable for loss of or damage to any property left of stored by Renter(s) or any other person in or upon said equipment after return thereof to Owner(s). Renter(s) agrees to hold Owner(s) harmless from and against any such claims. 

9. RETURN OF EQUIPMENT: Renter(s) acknowledges and understands that they will return the Equipment to dock, boat launch, or place of pickup at an agreed upon time on the end date of this contract. There is a five-minute grace period after the rental time has ended to return the equipment. On the sixth minute an $18 dollar fee will be added to the total cost of rental, then a $3 fee for every minute there after until the time of equipment return.

LIABILITY AGREEMENT

A. RELEASE, REMISE, AND DISCHARGE NORTHSHORE JETSKI RENTAL, the owners and operators of the PWC and boating activities sponsored by NORTHSHORE JETSKI RENTAL (hereinafter referred to as “releasees”), from all liability to me, my personal representatives, heirs, next of kin, administrators, successors, and assigns, and for all loss or damage, any claims or demands on account of injury to me or any other person, whether or not the injury results in death, or damage to any property whether or not the property is owned by me, arising from, or in any related to my presence on the premises occupied by NORTHSHORE JETSKI RENTAL, and/or my participation in any activities sponsored by MASS WAKE / NORTHSHORE JETSKI RENTAL. INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE, INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE RELEASEES’ NEGLIGENCE. 

B. AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES on account of injury to me or to any other person, whether or not the injury results in death, or account of damage to any property, whether or not the property is owned by me, arising from, or related to, my use of any property owned or leased by NORTHSHORE JETSKI RENTAL, whether or not these injuries or damages were caused by the releasees’ negligence.

C. AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES from any loss, liability, damage, or cost that may incur, including attorneys’ fees, arising from, or in any way related to, my presence on the premises occupied by NORTHSHORE JETSKI RENTAL, my operation of a PWC rented from or owned by NORTHSHORE JETSKI RENTAL., and/or my participation in any activities sponsored by MASS WAKE / NORTHSHORE JETSKI RENTAL

D. ASSUME THE RISK OF BODILY INJURY, DEATH, OR PERMANENT DAMAGE, whether due to the negligence of RELEASEES negligence, my negligence, or any other reason or factor, while upon the premises, while operating a PWC rented from or owned by NORTHSHORE JETSKI RENTAL., and/or while participating in any activities sponsored by MASS WAKE / NORTHSHORE JETSKI RENTAL.

I agree and understand that:

1) My participation in PWC or boating activities, as with any watersport, will test my physical and mental limits, involves very powerful machinery, and exposes me to dangers associated with the operation of PWC. These dangers include, without limitations: collisions with other vessels, fixed objects, persons in the water, or objects in the water; exposure to the elements; mechanical breakdown; loss of control of the vessel; falling off the vessel; sinking of the vessel; drowning; and other dangers known or unknown. I understand these rules and assume the risk of harm presented by these damages.

2) My presence on the premises operated by NORTHSHORE JETSKI RENTAL and/or my participation in the PWC or boating activities organized by MASS WAKE / NORTHSHORE JETSKI RENTAL exposes me to the potential risks that include,  without limitations: death or serious injury to myself and/or others; and damage to property owned by me, MASS WAKE / NORTHSHORE JETSKI RENTAL, and/or others.

3) PWC or boating activities may pose an additional danger to persons with pre-existing physical injuries or conditions, or other conditions, or to pregnant women. I am not aware of any physical or mental condition that may affect my ability to participate in PWC/jet boat or boating activities or that may be aggravated by the participation in such activities. Alternatively, I acknowledge that I have consulted with my physician who has advised me that I may participate in these activities without restrictions.

4) I will NOT participate in any PWC or boating activities sponsored by MASS WAKE / NORTHSHORE JETSKI RENTAL while my ability is impaired by alcohol, drugs, or otherwise. If found by discretion of  MASS WAKE / NORTHSHORE JETSKI RENTAL staff and or Massachusetts Department of Natural Resources/Police to be impaired by said substances I further agree that my rental will be terminated, and no refund will be provided.

5) In the event of malfunction or breakdown of the craft, or if any defect occurs during the rental period, I shall immediately report any unusual problems to  MASS WAKE / NORTHSHORE JETSKI RENTAL. Continued use of the craft in any of these circumstances shall be entirely at my risk and I shall then be under the obligation to assume any and all liabilities resulting from bodily injury, loss, or damage caused to all persons and property that may become involved into any accident.

6) NORTHSHORE JETSKI RENTAL reserves the right to cancel any rental due to inclement weather or other unsafe circumstances. If a ride is cancelled due to bad weather MASS WAKE / NORTHSHORE JETSKI RENTAL reserves the right to either prorate a monetary return in place of time lost or may issue a voucher for a rental at another time and or date.

7) I will have the opportunity to inspect the PWC or another watercraft that I am renting from  MASS WAKE / NORTHSHORE JETSKI RENTAL before I board the vessel. I will not participate in any PWC or boating activities until I inspect the vessel and I am satisfied with its condition. By participating, I acknowledge that I have conducted this inspection.

8) I acknowledge that MASS WAKE / NORTHSHORE JETSKI RENTAL is not a manufacturer of the PWC. that I am renting, and it does not make any representations, warranties of, or covenants, expressed or implied, with respect to the condition, quality, durability, or suitability of the PWC.

9) I agree that I will not allow any other person to operate the vessel that I am renting from NORTHSHORE JETSKI RENTAL unless that person is a MASS WAKE /  NORTHSHORE JETSKI RENTAL employee or agent.

10) I agree to return the vessel that I have rented from NORTHSHORE JETSKI RENTAL within the rental period that I negotiated. If I fail to return the vessel to MASS WAKE / NORTHSHORE JETSKI RENTAL for any reason other than mechanical malfunction that is not caused by misuse of the vessel, I agree to pay an additional sum equal to the standard hourly rental rate (or fraction thereof) that exceeds the rental period that I negotiated.

11) I understand that MASS WAKE / NORTHSHORE JETSKI RENTAL is not the only business offering PWC rentals in Saugus, Ma, county of Essex, and my decision to rent from them is “MY” choice.

12) IT IS MY DUTY TO ASK MASS WAKE / NORTHSHORE JETSKI RENTAL TO FURTHER EXPLAIN ANY MATERIALS, RULES, REGULATIONS, OR INSTRUCTIONS THAT I DO NOT UNDERSTAND BEFORE I START MY RENTAL. I WILL NOT PARTICIPATE IN ANY PWC OR BOATING ACTIVITY IF I DO NOT UNDERSTAND ANY PART OF ANY MATERIALS, RULES, DETAILS, REGULATIONS, OR INSTRUCTIONS PROVIDED TO ME BY MASS WAKE / NORTHSHORE JETSKI RENTAL. 

10. ENTIRE AGREEMENT - The Renter(s) and Owner(s) acknowledge that this Agreement contains the full and complete agreement between the parties relating to the subject matter herein, that there are no oral, written or implied agreements or other modifications not specifically set forth herein, and that this Agreement supersedes all prior agreements or understandings, if any, between the parties, whether written or oral relating to the subject matter herein. The parties further agree that no modification of this Agreement may be made except by means of a written agreement or memorandum signed by the parties.

By Purchasing this service the parties agree that they have read this document in its entirety and agree to all terms and conditions. MASS WAKE / NORTHSHORE JETSKI RENTAL 

Assumption of Extreme Risk. I understand and acknowledge that Flyboarding is an extreme water sport that involves being propelled into the air over water by high-pressure water jets. I am fully aware that serious injury or death may result from participation due to, but not limited to: High-impact falls from elevated heights. Water impact trauma. Equipment malfunction or detachment. Drowning.

Loss of consciousness. Bodily injury from collision with the watercraft, other riders, the flyboard, or submerged objects. Involuntary inhalation of water. Spinal injuries, broken bones, sprains, or concussions. Equipment-related burns, bruises, and abrasions. Cardiac events triggered by adrenaline or exertion. I voluntarily assume full responsibility for these and all other inherent or unforeseen risks, whether known to me or unknown at the time of signing. 2. Health and Physical Fitness Statement. I certify that I am physically fit to engage in high-adrenaline sports, have no pre-existing medical conditions (such as heart conditions, respiratory problems, joint or spinal issues, or seizures), and am not under the influence of any alcohol, drugs, or medications that may impair my judgment or physical coordination. 3. Mandatory Safety Equipment and Obedience to Instructions. I agree to always wear a U.S. Coast Guard-approved life jacket and a protective helmet during Flyboarding. I understand that failure to wear this equipment or follow the instructions of MassWake's instructors may result in ejection from the activity with no refund and may increase the likelihood of injury or death. 4. Release of Liability and Indemnity. In consideration for being allowed to participate in Flyboarding, I agree to waive, release, discharge, and hold harmless MassWake/Northshore jetski rentals, its owners, officers, employees, agents, volunteers, and equipment providers from any and all liability for injury, death, property damage, or any other loss sustained by me, whether caused by negligence or otherwise. I further agree to indemnify and defend MassWake/Northshore jetski rentals against any and all claims or actions brought by third parties arising from my actions during participation. 5. Media and Marketing Release. I grant permission to MassWake/Northshore jetski rentals to use photographs, video, and other media of my participation for marketing, advertising, or promotional purposes, without compensation. 6. Acknowledgment of Understanding. I have read this entire agreement and understand that by signing, I am giving up substantial rights, including my right to sue. I acknowledge that this document is a binding legal contract and that I am signing it freely and voluntarily. If I am signing on behalf of a minor, I affirm that I am their parent or legal guardian and assume full responsibility for their safety and behavior.

Mass Wake Rentals & Charters Privacy Notice At Mass Wake Rentals & Charters ("we," or "us"), we value the privacy of individuals who use our websites and related services (collectively, our "Services"). This Privacy Notice explains how we collect, use, and share the personal information of users of our Services ("users," "you," or "your"). By using our Services, you agree to the collection, use, disclosure, and processing of your information as described by this Privacy Notice. Personal information is information that identifies or could be used to identify a specific person. Personal information does not include deidentified information (anonymized or pseudonymized) or aggregated information derived from personal information. We may collect a variety of personal information and other information about you or your devices from various sources, as described below. Information You Provide to Us Registration Information. If you sign up for an account, register to use our Services, or sign up for emails or other updates, we may ask you for basic contact information, such as your name, email address, phone number, and/or mailing address. We may also collect certain demographic information when you register for our Services, including your age, gender, personal interests, income, and/or marital status. Communications. If you contact us directly, we may collect additional information from you. For example, when you reach out to our customer support team, we may ask for your name, email address, mailing address, phone number, or other contact information so that we can verify your identity and communicate with you. We may also store the contents of any message or attachments that you send to us, as well as any information you submit through any of our forms or questionnaires. Events. If you register for an event that we host, whether in-person or online, we may collect relevant information such as your name, address, title, company, phone number, or email address, as well as specific information relevant to the event for which you are registering. User Content. We may allow you and other Users of our Services to share their own content with others. This may include posts, comments, reviews, or other User-generated content. Unless otherwise noted when creating such content, this information may be shared publicly through our Services. Payment Information. If you make a purchase through our Services, we may collect payment-related information such as your billing name, billing address, email address, and other information necessary to process the transaction. Payment card information may be collected and processed by our third-party payment processors. We do not store full credit or debit card numbers on our servers. Payment processors may use and store your payment information in accordance with their own privacy policies. Information We Collect Automatically. When you access or use our Services, we may automatically collect certain information about your device and usage of our Services. This information may include: Device Information. We may collect information about the device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information. Usage Information. We may collect information about how you interact with our Services, including pages visited, time spent on pages, links clicked, and referring websites. Location Information. We may collect approximate location information from your device or IP address to help provide relevant services and improve the functionality of our Services.

Log Information. Our servers may automatically record certain information when you use our Services, such as your IP address, browser type, access times, and pages viewed. Cookies and Similar Technologies. We may use cookies, web beacons, and similar tracking technologies to collect information about your browsing activities over time and across different websites or services.

Cookies help us: Remember your preferences and settings. Improve the performance and functionality of our Services. Analyze usage and trends. Provide personalized content and advertisements. You can control cookies through your browser settings. However, disabling cookies may affect certain features of our Services. How We Use Your Information. We may use the information we collect for various purposes, including to:. Provide, operate, and maintain our Services. Process bookings, reservations, and payments

Communicate with you about your reservations, updates, or customer support inquiries. Send you promotional messages, newsletters, or marketing communications (you may opt out at any time) Improve our website, services, and customer experience

Monitor and analyze usage trends. Prevent fraudulent or unauthorized activity. Comply with legal obligations. How We Share Your Information/ We may share your information in the following circumstances: Service Providers. We may share information with third-party vendors and service providers that perform services on our behalf, such as payment processing, booking systems, marketing services, website hosting, and analytics. Business Transfers. If Mass Wake Rentals & Charters is involved in a merger, acquisition, asset sale, financing, or similar business transaction, your information may be transferred as part of that transaction. Legal Requirements. We may disclose your information if required to do so by law, regulation, subpoena, or other legal process, or if we believe disclosure is necessary to protect our rights, property, safety, or the safety of others. With Your Consent. We may share your information for other purposes with your consent. Data Security We take reasonable administrative, technical, and physical safeguards to protect your personal information against loss, theft, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no internet or electronic storage system is completely secure, and we cannot guarantee absolute security. Data Retention We retain personal information for as long as necessary to fulfill the purposes described in this Privacy Notice, unless a longer retention period is required or permitted by law. Your Privacy Choices You may have certain rights regarding your personal information, including the right to: Access the personal information we hold about you Request correction of inaccurate information Request deletion of your personal information where applicable Opt out of receiving marketing communications To exercise these rights, please contact us using the contact information provided below. Children's Privacy. Our Services are not directed to individuals under the age of 13, and we do not knowingly collect personal information from children under 13. If we become aware that we have collected information from a child under 13 without parental consent, we will take steps to delete that information. Changes to This Privacy Notice. We may update this Privacy Notice from time to time. If we make material changes, we will update the “Last Updated” date at the top of this notice and may provide additional notice where required by law.