ATTENTION: By signing this document you will waive or give up certain legal rights, including the right to sue or claim compensation following an accident
- PLEASE READ CAREFULLY BEFORE SIGNING -
TO: FULL SPEED RENTALS & MARINA LTD. (Full Speed Rentals), GREAT CANADIAN SNOWMOBILE TOURS INC. (Great Canadian Tours) and their parent companies, subsidiaries, affiliates, respective directors, officers, employees, guides, sales agents, affiliates, independent contractors, subcontractors, representatives, shareholders, successors and assigns other guests (all of whom to be herein collectively referred to as the “Releasees”).
STATEMENT OF RISKS
There are significant elements of risk in any adventure, sport or activity associated with water sports, the outdoors, the presence or use of motorized watercraft, and activities incidental thereto (referred to herein as “activity”). Although we have taken responsible steps to provide you with appropriate equipment and or skilled staff so that you can enjoy the activity for which you may not be skilled, THE ACTIVITY IS NOT WITHOUT RISK. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be causes of loss or damage to equipment, cause accidental injury, illness or, in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for the activity. We do think it is important for you to know in advance what to expect and to be informed of the inherent risks.
ACKNOWLEDGEMENT OF RISKS:
I/We acknowledge that the following describes some, but not all, of the risks of participating in the activity: 1) Changing water flow, tides, currents, wave action and ship’s wakes; 2) Collision with any of the following: other participants, the interior and exterior (including propeller) of the watercraft in which I/we are riding, or any other portion of said craft, other watercraft and manmade or natural objects; 3) Wind shear, inclement weather, lightning, variance and extremes of wind, weather and temperature; 4) My/Our sense of balance, physical co-ordination, ability to operate equipment and to swim, the elements, hypothermia, and drowning; 5) Getting in or out of the craft; 6) Travel, including travel to or from the activity; 7) The presence of insects and marine life forms; 8) Equipment failure or operator error; 9) Heat or sun related injuries; 10) Reaction time; 11) Limited medical help due to the remote area where the activity takes place.
I AM (WE ARE) AWARE THAT THE ACTIVITY MAY ENTAIL RISKS OF INJURY OR DEATH. I/WE UNDERSTAND THE DESCRIPTION OF THESE RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS, OR DEATH AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY
I/We agree to assume responsibility for the risks of the activity identified herein and those risks not specifically identified. My/Our participation in the activity is purely voluntary. No one is forcing me/us to participate. I/We verify that I am/we are physically fit, not under the influence of alcohol or any drugs at this time and sufficiently qualified, trained and capable to participate in the activity. I/We assume full responsibility for myself/ourselves and any of my minor children for whom I am/we are responsible for, and bodily injury, accident, illness, death, loss of personal property and expenses thereof as a result of any accident which may occur while I/we participate in the activity. I/We assume the risk(s) of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, dehydration, drowning, oxygen shortage, an/or exposure, head, neck, and/or spinal injuries, bite or attack by an animal, insect or marine life, allergic reaction, shock, paralysis or death. I/We elect to participate in the activity in spite of the risks. I am/we are responsible for protecting my/our skin and eyes from the elements. I/We agree to wear a Canadian Coast Guard approved personal floatation device (life jacket) while participating in the activity. This is a basic precaution and is required. Participation includes riding in any watercraft.
COVENANT OF GOOD FAITH
I/We recognize that you, a provider of services, will operate under a covenant of good faith and fair dealing. I/We recognize that you may find it necessary to terminate the activity due to forces of nature, medical necessities or other problems, and/or refuse or terminate the participation of any person(s) you judge to be incapable of meeting the rigors or requirements of participating in the activity. I/We accept your right to take such actions for my/our safety and/or the safety of other participants, including but not limited to transport in our Service boat in the event of medical situations occurring during the activity.
I have no known medical conditions that could affect my capabilities of driving / renting a machine. Please list all allergies, medication and or medical conditions that could affect your ability to participate in your trip/rental. You are required to inform the Releasees prior to trip departure of any changes in your medical conditions.
I certify that I have adequate insurance to cover any injury and, or, rescue evacuation that may arise while involved in the said activities, or else I agree to bear the costs of such injury and, or, rescue evacuation myself. I acknowledge that in the event of an accident, rescue and medical treatment may not be immediately available. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
I/We hereby authorize any medical treatment deemed necessary in the event of any injury I/we may incur while participating in the activity. I/We either have appropriate insurance or, in absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. I/We agree that any film or photographs of me/us as participants becomes your personal property and may be used for promotional or commercial purposes.
In consideration of services of property provided, I/we, for myself/ourselves and any minor children for whom I/we are parent, legal guardian or otherwise responsible, and heirs, personal representatives or assigns, agree that Full Speed Rentals/Great Canadian Tours, their principals, directors, officers, agents, employees, representatives and volunteers, their insurers , if any, SHALL HAVE NO LIABILITY OF ANY NATURE FOR ANY DAMAGE TO ME AND OTHER PERSONS OR PROPERTIES as a result of my/our participation, in the activity. This Release includes any acts, omissions or negligence of the “owner”, the operator named above, or any other person (including myself), or any entity, their agents, employees, agents, servants or assigns and their insurer(s), if any, for such damage.
I HAVE READ THE ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY. I/WE UNDERSTAND THAT BY SIGNING THIS DOCUMENT I/WE ARE EXPRESSING MY/OUR INTENT TO WAIVE VALUABLE LEGAL RIGHTS INCLUDING ANY AND ALL RIGHTS I/WE MAY HAVE OR NOW HAVE AGAINST THE OWNER, THE OPERATOR NAMED ABOVE, OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS.
ANY PERSON(S) RENTING; any boat, watercraft or marine equipment from Full Speed Rentals/Great Canadian Tours shall adhere to the following regulations and policies. Any deviation from the following regulations and policies shall be considered a breach of contract and shall result in termination of this contract. Any cost(s) involved in termination of this contract shall be paid by the customer. This agreement is binding and non-transferable to any other person(s) and only person(s) signing the agreement are allowed to operate the rental unit. NOTE! Operating any boat or watercraft while under the influence of alcohol or drugs is an offence under the Criminal Code of Canada, and will make void any and all insurance coverage. Any damages resulting from the wilful damage, gross negligence, illegal act(s), or operating in prohibited areas are not covered by insurance. Failure to notify Full Speed Rentals & Marina of any accident or boat damage will make void any and all insurance coverage.
- A $2500.00 damage deposit is required to commence this Rental Agreement.
- Sufficient ID is required, minimum age is 18 years old. A valid driver’s license is required.
- The damage deposit will be refunded upon return of the rented equipment provided nothing listed in Section 1(d) has occurred.
- The damage deposit shall be applied to the following occurrences: any damage caused to the rented boat, watercraft or equipment; and watercraft returned late or in an excessively unclean state; any costs involved in retrieval or repair of any boat, watercraft or equipment that is a result of negligence or illegal act(s).
- Understand the features and safety equipment of your rental unit;
- Always wear an approved floatation device;
- Never overload your rental unit;
- Always attach engine-stop switch lanyard (armband) to your wrist;
- Never operate any rental unit after consuming alcohol or drugs;
- Select a safe, open area of the lake to familiarize yourself the rental unit;
- Do not operate in shallow waters or in any rivers;
- Do not operate near any other vessels, near shore or near swimmers;
- Keep a minimum distance of 100m from shoreline, except to taxi in or out;
- Do not “wake jump” behind other boats;
- Always look behind before changing direction;
- Adhere to strict speed limit (5km/hr) in Sicamous Channel
- When pulling skiers, wake boarders, tubes, etc, always have a spotter to assist drivers;
- Respect other boaters, keep a safe distance, stay clear of water skiers, etc;
- No racing or stunting;
- Watch out for and stay clear of logs and other floating debris;
- Use common sense when operating any boat or watercraft;
- Do not operate personal watercraft after dusk;
- Towing devices are for forward motion towing, underway only.
Full Speed Rentals/Great Canadian Tours carries a liability insurance policy only, no comprehensive or collision coverage. This policy does not cover personal injury or any loss or damage to personal property to you or your invitees. Should any damage(s) or theft occur during your rental, you will be responsible for any and all related costs.
Full Speed Rentals/Great Canadian Tours shall not be responsible for any personal injury to, or any loss of or damage(s) to the personal property of the customer or any invitee of theirs for the duration of the rental agreement. The person(s) entering into this agreement release hold harmless and indemnify Full Speed Rentals/Great Canadian Tours, all owners of the company, and any and all employee(s) of the company, from any and all damage(s), claims, or costs which arise out of the use of any boat, watercraft, equipment or accessories by the person(s) entering into this agreement.
Full Speed Rentals/Great Canadian Tours reserves the right to cancel and terminate the Rental Agreement at any time, with the resulting forfeiture of any fees paid in respect to the rental period, if, in the opinion of a representative of Full Speed Rentals/Great Canadian Tours, the person(s) in care and control of the rental unit has (have) failed or refused to comply with any term of the Safe Operation provisions of the rental contract. Such a contravention could be a hazard to navigation, people or property, including the rental unit, and may cause undue interference with the rights of others.
FUEL, OIL AND TAXES
Fuel, oil and all applicable taxes are NOT INCLUDED in rental rates, and are the responsibility of the person(s) entering into this agreement.
All approved FLOATATION DEVICES required, shall be supplied at NO CHARGE. Any rope or towing device required shall also be included.
Full Speed Rentals/Great Canadian Tours shall endeavour to supply safe and fully operational equipment upon commencement of any rental. However, breakdowns and failures are sometimes unforeseeable. Any such interruption shall be dealt with as quickly as possible. Full Speed Rentals/Great Canadian Tours is not responsible to refund or adjust for any delays or interruptions.
AN INSPECTION FORM pertaining to the rental unit’s PHYSICAL CONDITION before and after the rental period will be provided and signed by the rental party and shall form part of this contract.
Any person(s) entering this agreement who submerges any personal watercraft shall be subject to a minimum $550.00 fee. As well, if retrieval is necessary due to submersion or damage, a RETRIEVAL FEE of $150.00/hr plus fuel shall be charged.
The rate and term specified in this contract shall be adhered to, and the rental fee shall be paid for prior to departing. Any damages, late charges, taxes or other fees pertaining to this agreement shall be paid upon completion of the rental period.
This agreement shall be governed in accordance with the laws of the Province of British Columbia and shall be binding on the person(s) entering this agreement, as well as any invitees, their heirs, executors and assigns, and shall ensure strictly to the benefit of FULL SPEED RENTALS/GREAT CANADIAN TOURS, its successors and assigns.
SIGNED THIS September 25, 2021