A Fast Deck Board For Fun And Enjoyment

WAIVER AND RELEASE OF LIABILITY AGREEMENT- ONTARIO DISCLAIMER: This Waiver and Release Agreement is applicable to all renters, operators and users of equipment provided by the corporation. The “Renter” for the purpose of this Waiver and Release includes the person renting the vessel and all passengers including minors. Insurance/Warranty/Liability/Waiver/Indemnity: The corporation's sole liability arising out of this agreement shall be limited to providing the vessel to the renter as set forth herein and to the extent  set forth in the vessel’s insurance policy, a copy of which is made available upon request to the renter. In no event shall  the corporation be liable to the renter or any other person/passenger using the vessel with renter, including minors for any personal injury, death or for any special, consequential, incidental or indirect damages however caused, on any theory or liability including without limitation, tort, contract, damages, personal injury or otherwise. The renter acknowledges that the  corporation's insurance policy covers the vessel only and the renter  or the passengers are not covered by  under the insurance policy. The renter may arrange his/her own coverage. The renter acknowledges and agrees that the corporation  may use third party boats to rent and the same terms and conditions, including waivers and indemnities would apply. The Renter shall be responsible for any  damage or loss which is caused to the vessel while the vessel is being used by the Renter. The Renter understands, agrees and undertakes to ensure that Insurance coverage is in place  when the Renter is in command of the vessel and/or the vessel is docked, moored or anchored under the command of the Renter and the vessel remains inside the designated geographic navigation area listed on the insurance policy and that all other insurance conditions are met. The Renter agrees that the vessel will be used as a pleasure craft vessel used for pleasure or recreation of the people the Renter invites on board and the vessel is not used for any commercial purpose. The Renter understands that it has unrestricted right to hire and fire the captain and/or crew during the period vessel  is rented. The Renter acknowledges  that the vessel owner has no direct control over the operation of the vessel during the period it is being rented. Indemnification, Release, Hold Harmless and Defense: The Renter acknowledges and agrees that the Renter is solely responsible for the use and operation of the vessel during the entire rental period, under the Renter’s bareboat charter use of the vessel. Renter agrees to indemnify, release, hold harmless and defend the Corporation  and their agents, affiliates, representatives, employees and officers against all claims, even if allegedly caused by the Corporation  which arise out of Renter’s use of the vessel, its equipment, machinery, furnishings and appurtenances, including the premises of the Corporation  and the dock where the vessel is located. Renters must be competent to handle the vessel as assessed prior to or during vessel orientation. The  Renter  must possess a Pleasure Craft Operators Card (PCOC) certification. The Renter agrees to provide a list of passengers /operators who will be on the vessel.  The Renter will be personally liable for any damages to the equipment and/or personal injury or death to any passenger or any other individual as a result of any accident. RISK ACKNOWLEDGMENT AND EXPRESS ASSUMPTION OF RISK: The Renter acknowledges the risks associated with any water sports and/or use and operating the vessel  such as collisions, drowning, hypothermia, dehydration, fire, personal injury or death, Equipment failure, lightening, storms, high wind and tides/waves, capsizing of the boat etc. The Renter acknowledges and agrees that the vessel is being rented at his/her own risk. The renter will be fully responsible for the equipment and all passengers including himself/herself during the period the vessel is booked by the Renter, even if the risks arise out of negligence of the  Corporation or its staff or representative or due to equipment failure. The Renter agrees to the following term and conditions: 1.     The Renter will provide the Corporation  with  proof of proficiency to drive the vessel at least one week in advance before the booking. This may include providing a copy of the Pleasure Craft Operator Card and a boating experience resume. The Corporation  has the right to  test the Renter about the safety operations of the vessel. 2.     The Renter will ensure that all passengers will wear a personal flotation device at all times. 3.     The Renter will ensure that no alcohol is brought on board the vessel. Possession /Use and carrying  drugs is  strictly prohibited. The Renter agrees not to operate the vessel while intoxicated, nor to allow any guest on board to do so. Smoking is not allowed on the vessel. 4.     The Renter will ensure that the vessel stays within the boundaries of Canada. The Renter is responsible for “good seamanship” activities whilst in command of the vessel. Regardless of the situation, the Renter is responsible for all towing costs while the Renter is in command of the vessel. 5.     The Renter will ensure that the vessel is not overloaded and will adhere to the maximum passenger limit allowed on the vessel by the manufacturer. 6.     Swimming near the boat when in operation is not allowed. 7.     The Renter will ensure that the boat stays within its minimum draft requirements. 8.     All safety regulations and protocols will be strictly followed as per the guidelines of Ontario Boating laws and Regulations. 9.     The Renter will pay for any damage to the equipment and resultant loss of revenue for the time the vessel is fixed. 10.  The Renter will be liable to forthwith report any accidents to the Corporation. 11.  A damage deposit of $ 150 will be charged at the time of  booking.  This will be refunded within 48 hours of returning the vessel less any damages. 12.  The vessel will be checked before and after the booking. The Renter will verify and sign the checklists. 13.  At the time of  booking, a deposit may be required. In case of inclement weather, two-third of  the deposit will be returned to the Renter. 14.  Minimum age for the Renter is 21 years. No parasailing, towing, jet ski and fly boards are allowed. 15.  Detailed boat handling, collision regulations and safety procedures are given below. We strongly recommend that you read them. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS 'WAIVER AND RELEASE' AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE CORPORATION AND ALL ITS AFFILIATES, MANAGERS, OFFICERS, AGENTS, STAFF, REPRESENTATIVES, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE CORPORATION FOR PERSONAL INJURY OR OTHERWISE.      _____________________________                            _____________________________ Renter                                                              The Corporation   _________________________ Date