Max Paddle Board Weight is 300 lbs Per Board
1. I am 19 years of age or older and I agree to rent from Westco Experiences Ltd., the number of paddle board(s) specified above. Westco Experiences Ltd. cannot guarantee availability of the paddle boards at the departure time on the departure date set out above and will refund all monies paid in full if the paddle boards set out above are not available.
2. I agree to pay for the rental of each paddle board at the rate per hour (or part thereof).
3. I agree to return the paddle boards to the pickup location at the end of my rental.
4. I agree to pay a late fee of $25 per hour (or part thereof) for each paddle board or equipment that is returned after the return date and time specified above.
5. Responsibility for loss or damage: I accept full responsibility for the care of the equipment and am solely responsible for any loss and/or damage to the paddle board, paddle and lift jacket, until it is returned to Westco Experiences Ltd. I agree to pay the full cost for any and all repairs to any item that is not returned in the condition it was rented.
6. I agree to pay Westco Experiences Ltd. the replacement cost as set out below for each paddle board, paddle, life jacket that I do not return within 48 hours of the return time set out above or if the damage to the equipment is in the opinion of Westco Experiences Ltd. not repairable:
Equipment Replacement Cost
Paddle Board $600
Life Jacket $45
Board Fin $40
8. I agree to pay for any damage to the paddle board, paddle and life jacket at the stated price above. Westco Experiences Ltd. may charge for any repairs or the replacement cost of the equipment.
9. I grant permission to Westco Experiences Ltd. to use my image or likeness in photographic or video recordings without payment or other consideration.
By signing this document, I agree to the terms stated above.
RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Release Agreement”)
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!
In this Release Agreement the term “Water Activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: whitewater, still water, river, lake and ocean surfing, boogie boarding, wind surfing, sailing, snorkeling, canoeing, kayaking and paddleboarding; rental or use of related equipment; orientational and instructional courses, seminars and sessions; and all travel, transport and accommodation.
I accept full responsibility for the Equipment rented and agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date.
I acknowledge that I have been advised to wear an approved personal floatation device during any Water Activities and to carry other safety equipment such as spray deck, pump, paddle float, and bailer. I am familiar with the proper use of the Equipment, including how to self-rescue, and of the water environment including tides, currents and weather effects. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Equipment.
ASSUMPTION OF RISKS
I am aware that water activities and activities such as paddle boarding, hiking, sightseeing, paddle activities in the ocean or in freshwater, swimming and other such activities (hereinafter collectively referred to as the “ACTIVITIES”) are inherently dangerous activities that involve many risks, dangers and hazards including but not limited to: slips and falls while getting into or out of the paddle boards, equipment related faults, overturning of paddle boards, loss of balance or control while on paddle boards, falls while on the paddle board, collision with other persons or water hazards, entrapment by trees, logs, tree stumps and deadfall, collision with water craft or equipment, hypothermia, failure of personal floatation devices, or other floatation devices, defects or failures of paddle boards or paddles, impact on exposed rock, earth, ice, and other natural objects including trees and tree wells, changing and inclement weather related accidents or injuries including storms, high wind, high waves, and lightning, encounters with domestic or wild animals, falling objects, travel in dangerous terrain with unexpected hazards, reduced visibility, slip and falls while hiking, increased chance of falling or injury when hiking in variable and difficult conditions such as streams, creeks, exposed rocks and in snowy or icy conditions, unknown snow or ice on or beneath the surface, failure to act safely or within one’s own ability, failure to stay within designated areas, negligent first aid, negligence of other participants, cyclists, hikers and other persons, and NEGLIGENCE ON THE PART OF WESTCO EXPERIENCE LTD. OR ITS STAFF. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF WESTCO EXPERIENCE LTD. OR ITS STAFF TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I am also aware that the risks, dangers and hazards referred to above exist throughout the activities and that many are unmarked.
I AM PARTICIPATING IN THESE ACTIVITIES VOLUNTARILY AND NOBODY BY OR ON BEHALF OF WESTCO EXPERIENCE LTD. HAS INDUCED ME TO PARTICIPATE IN THESE ACTIVITIES OR MADE ANY REPRESENTATIONS TO ME ABOUT MY PARTICIPATION IN THESE ACTIVITIES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THESE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Westco Experience Ltd. accepting my enrollment in the activities and provision of equipment, I hereby agree as follows:
1. I UNDERSTAND that Westco Experiences Ltd. does not provide supervision for my use of the paddle board(s) and that it is my sole responsibility.
2. I ACKNOWLEDGE ALL RISKS associated with participating in paddle boarding, hiking and the activities. I acknowledge that the leaders cannot foresee all of the risks and hazards associated with participating in these activities. I understand that the risks listed above are not inclusive of all possible risks inherent to these activities and agree that the above list in no way limits the extent or reach of this waiver/release.
3. I AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY including paralysis and death and damage to personal property that may occur while engaged in these activities, whether or not under the direct supervision of Westco Experiences Ltd. personnel. I agree that I will not engage in any activity unless I have considered it carefully, believe it to be safe, and accept responsibility for all related risks. I acknowledge that my safety is my personal responsibility and depends upon my alertness and my use of good judgement.
4. I UNDERSTAND THAT I CAN REDUCE RISKS by paying careful attention to the environment, to my physical and emotional state, the condition of all safety related clothing and equipment, and by participating in only those activities that are well within my mental and physical capabilities. I acknowledge that I have been encouraged to develop a questioning attitude and to ask the activity leader to explain any decision with which I am uncomfortable.
5. I ACKNOWLEDGE I AM IN GOOD HEALTH and have no physical limitations which affect my ability to safely participate in this outing.
6. I UNDERSTAND that Westco Experiences Ltd., its agents, officers, employees, guides, instructors, and representatives shall assume no responsibility or liability to me for accident, illness, or loss of or damage to personal property resulting I suffer from the rental of their equipment and my participation in these activities.
7. I AGREE that I will not permit anyone under the age of 19 to use the paddle board(s) without my direct supervision and that all persons while using the paddle board(s) will wear personal floatation devices (i.e. lifejackets).
8. I WAIVE THE RIGHTS, and agree to indemnify, hold harmless Westco Experiences Ltd., its successors, assigns, officers, employees and agents from all liability for any claims which may result from my use or the use of others of the paddle board(s) or other equipment or my participation in the activities during my rental and/or hike.
TO THE EXTENT PERMITTED BY LAW, BY MY SIGNATURE BELOW I WARRANT THAT I:
- have read and understood the above statements and understand their provisions:
- understand the risks associated with participating in these activities;
- assume full responsibility for the consequences of choosing to participate in these activities; and
- herby knowing and intentionally release and hold harmless Westco Experiences Ltd., its agents, officers, employees, guides, instructors and representatives and kind and nature whatsoever which arise out of or in connection with participating in this outing, regardless of whether such claims are based upon negligence or other grounds.
Today's date: July 25, 2021