In consideration of the covenants and promises contained in this Agreement, the undersigned Lessee agrees to lease the Equipment from the Lessor on the following terms and conditions: Definition of Equipment: The term “Equipment” used throughout this Agreement shall refer to the Boat, Personal Watercraft, Life Jackets, Anchor, Bailer, Paddles, Mooring Lines and all Other Equipment specified herein. Condition of Equipment The Lessee acknowledges that the Equipment was received in good condition and repair except as noted below under the heading “Special Instructions,” and is suitable for the purpose for which it is leased. The Lessee agrees to return the Equipment to the Lessor in the same condition in which it was received by the Lessee upon signing this Agreement, ordinary wear and tear excepted. The Lessee agrees to pay all costs and expenses for repairs and servicing of the Equipment required as a result of the Lessee’s use, operation or possession of the Equipment. The Lessor shall be entitled to deduct such expenses from the deposit provided by the Lessee upon signing this Agreement (but the Deposit shall not operate as a cap on the liability of the Lessee). Payment of Rental Fee and Charges The Lessee agrees to pay the rental fee and all other charges and amounts provided for in this Agreement to the Lessor by cash, cheque, credit card or on credit terms that are acceptable to the Lessee. Time of Return The Lessee agrees to return the Equipment to the Lessor on or before the time specified in this Agreement. The Lessor shall be entitled to charge the Lessee $100 per hour for late return. Operation of Equipment The Lessee represents and warrants that he/she is knowledgeable with respect to the rules, regulations and procedures that are applicable to the operation of the Equipment, and is competent to operate the Equipment as required by the applicable statutes, regulations and standards. The Lessee will operate the equipment in accordance and in compliance with all relevant federal and provincial statutes and regulations, including but not limited to the Canada Shipping Act, S.C. 2001, c. 26 and the Criminal Code of Canada, R.S.C. 1985, c. C-46. The Lessee will pay any and all fines or sanctions levied or imposed in connection with the Lessee’s use, operation or possession of the Equipment, and will indemnify the Lessor in respect of any fines, sanctions or levies required to be paid by the Lessor as a result of the Lessee’s use, operation or possession of the Equipment. The Lessee covenants and agrees not to permit use of the Equipment by any person other than persons who are: (1) 16 years of age or older and holders of a valid unrestricted driver’s licence;
(2) competent to use the Equipment as required by applicable statutes, rules and regulations; and
(3) supervised by the Lessee in the use of the Equipment to ensure adherence to the terms of this Agreement and all applicable statutes, rules and regulations; Termination of Agreement On the failure of the Lessee to perform any of the covenants and obligations stipulated in this Agreement the Lessor may, at its option, immediately require the Lessee to surrender possession of the Equipment to the Lessor. Notwithstanding such surrender of possession, the Lessor shall be entitled to all rental fees and other amounts owing by the Lesssee under this Agreement. Waiver of Liability The Lessee hereby agrees to indemnify and hold the Lessor harmless from and against any and all claims for personal injury to the Lessee or any other person, or damage to any person and/or any person’s property, caused in connection with the Lessee’s use, operation or possession of the Equipment. The Lessee hereby waives any right to commence any action or proceeding against the Lessor, its agents, employees or representatives, for any action, cause of action or claim in any way arising from the Lessee’s use, operation or possession of the Equipment. The Lessee acknowledges and agrees that the Lessor shall not be liable for any loss or damage, whatsoever, arising from (i) the misuse, neglect, or improper operation of the Equipment (ii) any accident involving the Equipment or (iii) damage to the Equipment or the property of any third party as a consequence of the Lessee’s use of the Equipment. The Lessee is required to notify the Lessor, as soon as is practicable, of any accident or circumstance giving rise to a claim and to provide the Lessor with particulars of it, and to furnish the Lessor with all information as might reasonably be requested by the Lessor. No Transfer of Interest All right, title and interest in and to the Equipment remains in the Lessor and nothing in this Agreement shall be taken as transferring any proprietary interest to the Lessee. Assignment The Lessee shall not be entitled to assign this Lease without the prior written consent of the Lessor. Entire Agreement This Agreement contains the full and complete provisions of the agreement between the Lessor and the Lessee and there are no other terms, conditions representations or warranties, except as are expressly referred to in this Agreement. This Agreement may only be amended in writing upon consent of the Lessor and Lessee. Multiple Lessees This Agreement shall be read with all changes in gender and number as required by the context, and in the case of multiple Lessees, the obligations of the Lessees shall be joint and several. DECLARATION OF COMPLIANCE – COVID-19 WARNING!
ALL PARTICIPANTS ENTERING THE SWS SKI SCHOOL MUST COMPLY WITH THIS DECLARATION Water Ski & Wakeboard Canada and SWS MUSKOKA (collectively the “Organization”) require the disclosure of exposure or illness is in order to safeguard the health and safety of all participants and limit the further outbreak of COVID-19. This Declaration of Compliance will be kept safely and personal information will not be disclosed unless as required by law or with your consent. An Participant (or the Participant’s parent/guardian, if the Participant is younger than 18 years old) who is unable to agree to the terms outlined in this document is not permitted to enter the Organization’s facilities or participate in the Organization’s activities, programs, or services. I, the undersigned being the Participant named above and the Participant’s parent/guardian (if the Participant is younger than 18 years old), hereby acknowledge and agree to the terms outlined in this document: 1) The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19 and requires all Participants (and their parent/guardian, when applicable) to adhere to the compliance standards described in this document. 2) The Participant has not been diagnosed with COVID-19. OR If the Participant was diagnosed with COVID-19, the Participant was cleared as noncontagious by provincial or local public health authorities more than 14 days prior to the date this Declaration of Compliance was signed. 3) The Participant has not been exposed to a person with a confirmed or suspected case of COVID-19. OR If the Participant was exposed to a person with a confirmed or suspected case of COVID-19, the date of exposure was more than 14 days prior to the date this Declaration of Compliance was signed. 4) The Participant is attending or participating voluntarily and understands the risks associated with COVID-19. The Participant (or the Participant’s parent/guardian, on behalf of the Participant (when applicable)) agrees to assume those risks, including but not limited to exposure and being infected. 5) The Participant has not, nor has anyone in the Participant’s household, experienced cold or flu-like symptoms in the last 14 days (including fever, cough, sore throat, shortness of breach, respiratory illness, difficulty breathing). 6) If the Participant experiences, or if anyone in the Participant’s household experiences, any cold or flu-like symptoms after submitting this Declaration of Compliance, the Participant will immediately isolate and not attend any of the Organization’s facilities, activities, programs or services until at least 14 days have passed since those symptoms were last experienced. 7) The Participant has not, nor has any member of the Participant’s household, travelled to or had a lay-over in any country outside Canada, or in any province outside of Ontario in the past 14 days. If the Participant travels, or if anyone in the Participant’s household travels, outside the Province of Ontario after submitting this Declaration of Compliance, the Participant will not attend any of the Organization’s facilities, activities, programs or services until at least 14 days have passed since the date of return. 8) The Participant is following recommended guidelines, including but not limited to, practicing physical distancing, trying to maintain separation of six feet from others, frequent hand-washing, and otherwise limiting exposure to COVID-19. 9) The Participant will follow the safety, physical distancing and hygiene protocols of the Organization. I. A maximum of three customers may occupy the boat at a time and must maintain physical distancing while in the boat. II. Customers must provide their own lifejacket. III. Minimal personal belongings should be brought on the boat during the clinic. IV. SWS Ski School staff are not required to help a customer put on equipment if their assistance will violate physical distancing protocols. 10) This document will remain in effect until the Organization, per the direction of the provincial government and provincial health officials, determines that the acknowledgements in this Declaration of Compliance are no longer required. 11) The Organization may remove the Participant from the facility or from participation in the activities, programs or services of the Organization at any time and for any reason if the Organization believes, in its sole discretion, that the Participant is no longer in compliance with any of the compliance standards described in this document. July 16, 2025 |