Desaru Package A

1. The driver understands that the water jetski is the water motorbike that have high performance (hereinafter referred to as “PWC”) and the driver shall pay attention at the briefing regarding the operation of PWC

2. The minimum age of PWC driver  is 17 years (“Driver”) & the minimum age for the passenger behind the Driver is 12 years (“Passenger”)  (both Driver and Passenger collectively shall be referred to as”  Rider”)

3. The Driver must be free from drugs, alcohol & other addictive including the medicine usage that potentially cam affect the Driver’s consciousness  at least 24 hours before driving the PWC).

4. The Driver is prohibited from disposing of any trash in the water area and is obliged to maintain the habitat and ecosystem in the water area.

5. The Driver is prohibited from overtaking the PWC guide.

6. The Rider shall respect other PWC Rider and fishermen who located in the water area.

7. The Rider is required to always wear a life vest while riding the PWC.

8. The Driver is required to drive the PWC on the same route (always following the PWC guide) and is strictly prohibited to making their own route.

9. The Driver is required to always maintain a distance at least 30 meters from other PWC Driver.

10. The Driver is prohibited to driving a PWC with a speed that exceeding 5 knots within 100 meters of the beach.

11. The Driver is prohibited to drive a PWC in any fishing areas, snorkeling and diving spots.

12. The Rider shall drive the PWC at his/her own risk. In the event of an unwanted event occurs such as any damage to PWC or his/her personal items, injury, loss or death caused by the Rider’s negligence during the duration of the trip, such damage, injury, loss or death shall not become the Seadoo Safari’s responsibilities and liabilities.

13. The Driver, for whatever reason, who drive the PWC beyond the pre-determined time will be charged an additional fee according to the Seadoo Safari fare.

14. The Rider will be fined RM 1,200 for losing the PWC key.

15. The Rider is prohibited to park or stop the PWC carelessly in any coastal area.

16. THE DRIVER MUST FOLLOW ALL INSTRUCTIONS PROVIDED BY SEADOO SAFARI.

Disclaimer

• The PWC is not insured and the Driver shall not sue, claim for any compensation and any claims to the Seadoo Safari in connection with the absence of insurance for the PWC.

• The Rider is required to follow safety instructions consciously in order to avoid any accident during the use of the PWC.

• The Rider is willing to replace the damages of PWC if an accident occurs due to the Driver’s negligence with the following conditions:
o PWC damages due to collision:  in the amount of RM 10,000
o If Jet Ski overturned: in the amount of RM 1,500

• The Rider is willing to compensate for any loss and damage of accessories and equipment lent by the Seadoo Safari during the touring in accordance with the provisions of the Seadoo Safari.

• PWC Rider is willing to have their pictures taken (photographed) and/or recorded while riding the PWC or at the location. In this regard, the Rider allows the photo or video of himself to be used for the benefit of Seadoo Safari Johor Bahru and its affiliates, including giving permission to repost uploaded photos and/or videos that have been uploaded by the Rider on social media. In addition, the Rider state that any intellectual property rights of such photos or videos will become or be owned by Seadoo Safari Johor Bahru or its affiliates and will not claim for any compensation or benefits nor sue them for the mentioned matter.

I am willing to take any responsibility and will not sue and claim Seadoo Safari Johor Bahru including its employee, management, its agent legally in the future in the event of any accident caused by me because it violates the rules and regulations above.

The Seadoo Safari has given me clear instructions on how to drive a Jet Ski and explained about safety precautions as stated above. I hereby agree to accept and comply with the rules and order mentioned above.

With this I declare:
 

1. legally competent to agree with this Statement Letter.
 

2. Have already read fully and understand the rules and regulations of Seadoo Safari and promise to comply with the rules and regulations for the use of Jet Ski (“PWC”) managed by Seadoo Safari Johor Bahru (“Company”).
 

3. Agree and acknowledge all and any risks for using the PWC and understand that the activities that I will participate having risks that can result in serious injury, such as physical disability and/or even death for myself, passengers or other parties.
 

4. Waive the Company as the manager of Seadoo Safari from any and all responsibilities to provide compensation, and any time release the Company including but not limited to its management, employees, staff, agents, and companions/passengers from any and all claims, losses, lawsuits, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of all kinds and nature, whether known or unknown, in law or justice, which I have ever had or may have, arising out of or in any way in connection with my activities when renting, using and / or operating a PWC i from the Company.
 

5. Release the Company, including its employee management, staff, agents for any and  all losses, claims and / or lawsuits (either on behalf of myself, my heirs, my agents, my representatives, my family) for personal damage, loss of personal property, personal injury light or heavy and / or even the death of the rider, passenger or any party resulting from the negligence, operation and use of the PWC.
 

6. Responsible for the use of the PWC, and bear any and all the risks inherent in rent, operate and use of the PWC and agree to bear any and all responsibility to pay and compensate for any and all claims, claims for damage to the PWC and / or bodily injury (including death) due to negligence, use and operation of the PWC (including but not limited to compensation from the passenger of the PWC).
 

7. Agree to immediately stop to operate the PWC if at any time it becomes unsafe or damaged and shall immediately notify the Company. This provision does not release me from any liabilities for any loss, damage and / or injury resulting from the use, rental, and operation of the PWC.
 

8. Agree that there are no provisions related to insurance for the PWC and the use of the Jet Ski or any express and implied guarantees that have been made in connection with the use, operation, and rental of the PWC.
 
I understand and agree that the provisions of this Statement Letter cannot be waived, amended, and revoked, in whole or in part, except with a prior written consent of the Company. The provisions in this Statement Letter shall continue in full force even after the cessation of the activities mentioned above, either by agreement, by legal operation, or vice versa.
 
If, at any time, any of the provisions in this Statement Letter becomes invalid or invalid or cannot be implemented in any way under the laws of the Malaysia or any jurisdiction, then the validity and validity of the other provisions in this Statement Letter will remain valid and will not affected or disturbed in any way.
 
This Statement Letter is binding on both me, my heirs or my legal representatives.
 
This Statement Letter is governed and interpreted based on the laws of Malaysia. Any dispute, lawsuit or claim arising out of or in connection with this Statement Letter will be resolved by mutual agreement with the Company by waiving the provisions of the Malaysia Civil Code, if there is no agreement, the dispute will be resolved through the Malaysia District Court.
 
This Statement Letter is executed in Bahasa Melayu and English and already in compliance with Law Regarding National Flag, Language and Coat of Arms and National Anthem. In the event of any inconsistency between the English and the Bahasa Melayu versions of this Agreement, the English version shall be adjusted to conform to the Bahasa Melayu version. No one will (nor will it allow or assist anyone to) challenge the validity of, or raise or file any objection to, this Agreement or the transactions contemplated herein in any manner or forum in any jurisdiction on the basis of any failure to comply,Language and Coat of Arms and National Anthem or any of its implementing regulations.
 
This Statement Letter is an integral part of the registration form letter that I have agreed.
 
I agree with this Statement Letter with full awareness without coercion from any party and legally competent and competent to agree and implement this Statement Letter.