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Vessel Rental Agreement 

This Vessel Rental Agreement ("Agreement") is entered into between SUNSHINE HOUSEBOAT VACATIONS LTD. (“Sunshine Marina”) and the undersigned renter ("Renter"). Sunshine Marina agrees to rent the specified Vessel to the Renter, and Renter agrees to abide by and be bound by all the terms and conditions of this Agreement. All undersigned Additional Designated Operators also agree to be bound by the terms of this Agreement as if they were the Renter, and collectively with the Renter, will be referred to as the “Operators”. 


  1. VESSEL RETURN: Operators agree to return any Vessel and all accompanying equipment clean and in the same condition as received, no later than the Return Time and Date specified above to Sunshine Marina. Failure to do so will result in additional charges and penalties.
  2. Sunshine Marina reserves the right to recall a Vessel immediately in cases of extreme weather or other emergency or if the Operators or its passengers are found to have violated any terms of this Agreement, or for any other reason as determined in the sole discretion of Sunshine Marina.
  3. PAYMENT OF RESERVATION: 100% of the rental costs is due upon booking. 
  4. All rental costs are the personal responsibility of the individual booking the rental.  Renter will share responsibility for such costs and make payment if the individual booking the rental is not in attendance or otherwise fails to make payment. 
  5. Applicable taxes, insurance and additional fees will apply to the rental and are subject to change without prior notice. 
  6. On return to Sunshine Marina, Renter must pay for all gas used during the rental period, for any loss or damage to any Vessel or its equipment and any and all other fees, charges or amounts due to Sunshine Marina.
  7. Renter authorizes Sunshine Marina to process payment to the credit card number provided by Renter for all charges payable to Sunshine Marina under this Agreement.
  8. DAMAGE DEPOSIT:  A damage deposit is required before rental. The damage deposit is $2,500.00 for a Vessel, $1,500.00 for Sea Doo/Personal Water Craft and $500 for kayaks, canoes and paddleboards. In certain cases, the damage deposit will be higher, for example in the case of overnight rentals. The deposit must be placed on a credit card. The damage deposit will be applied to any outstanding charges including any lost or late returns, cleaning fees, or to the cost of any damage to any Vessel, property or related equipment. NO CASH, MONEY ORDERS OR PERSONAL CHEQUES WILL BE ACCEPTED AS A DAMAGE DEPOSIT.
  9. VESSEL INSPECTION AND DAMAGE: Renter shall inspect the Vessel, its accessories and equipment prior to departure and complete an inspection checklist.   If Renter fails to complete an inspection checklist or notify Sunshine Marina of any pre-existing damage or issues, the Vessel, its accessories and any equipment are deemed to have been in good order and condition prior to departure.
  10. All Renters must promptly report any damage or malfunction involving a Vessel or equipment to Sunshine Marina and must immediately cease operation of any damaged a Vessel or equipment.
  11. CANCELLATION: Cancellation requests for Hourly Rentals provided by Renter more than 21 full days’ notice before departure will receive a full refund less a $25 processing fee. Cancellation requests for Multi-Day Rentals provided by Renter more than 45 full days’ notice before departure will receive a full refund less a $25 processing fee. Cancellation requests received after the above timelines are non-refundable except a credit will be provided in the following limited circumstances: (a) severe weather with lightning, heavy rain and or severe winds as determined in the sole discretion of Sunshine Marina (for clarity purposes, severe weather does not include mild wind, cold weather or light rain); or (b) medical emergency with a doctor's note for the Renter or an immediate family member who planned to enjoy the rental with Renter.  All cancellation credit must be used before September 20 of the same year (based on availability) except that credit for a booking that was to take place after August 15 will be valid until July 31 of the following year.
  12. DESIGNATED OPERATORS AND PROOF OF COMPETENCY:  All Operators who are unable to show proof of competency in the form of a valid Pleasure Craft Operator Card must complete and sign a Rental Boat Safety Checklist. If the Operator does not have a Pleasure Craft Operator Card or has not completed a Rental Boat Safety Checklist, that Operator shall not operate any Vessel. 
  13. A Vessel shall not be operated by any person except Renter and or an Additional Designated Operator who has signed this Agreement.
  14. VESSEL OR EQUIPMENT MALFUNCTION:  Renter acknowledges and understands that Sunshine Marina cannot guarantee against mechanical failure of Vessel and rental equipment. In the event of any malfunction, mechanical or electrical failure or breakdown of a Vessel or any related equipment, parts, or accessories, Sunshine Marina may choose to but is not required to, and may not be able to, offer an alternative Vessel or equipment, a time extension, or compensation. Sunshine Marina will make best efforts to service Vessel and to complete required repairs as quickly as possible. 

 

July 1, 2025 

  1. In the event of a rescue or service call arising from issues or malfunctions arising from the fault or neglect of Renter or their passengers, Sunshine Marina will charge a service fee of $200 per hour, plus the cost of fuel.
  2. SUNSHINE MARINA RULES:  Operators agree to observe and abide by the following rules of Sunshine Marina: 
  3. Vessels must be operated by the Operators with care and in a responsible matter. 
  4. Vessels underway must, to the extent reasonably possible, maintain a distance of 100 feet from other Vessels. Failure to abide by this restriction is a leading cause of collisions and fatalities on the water, especially collisions involving Sea Doos and Personal Watercraft. If the Operator is observed operating a Vessel unsafely, the Operator’s operating privileges shall be immediately revoked and the rental will be canceled without refund. 
  5. Operators  must be 19 years of age or older, and present valid government issued photo identification.
  6. Children under 12 must wear lifejackets at all times while on Vessels and docks.
  7. Vessels shall not be operated with more people on board than the Vessel is rated for or the number of lifejackets aboard the Vessel. 
  8. No smoking is allowed on Vessels. 
  9. Pets are only allowed on designated Vessels and Sunshine Marina reserves the right to refuse boarding of any pet in its sole discretion. 
  10. All vessels must be safely moored before dusk.  No Vessel shall be operated after dark under any circumstances. 
  11. Operators and passengers on SeaDoos or Personal Watercraft shall wear lifejackets at all times.
  12. Vessels and equipment shall be operated as per the instructions and guidance provided by Sunshine Marina staff prior to departure. 
  13. Vessels shall only be used for private pleasure purposes. Vessels that are operated for any commercial purpose risk having any insurance coverage available to them denied. 
  14. BORDER CROSSING - LAKE KOOCANUSA IS NOT A LEGAL POINT OF ENTRY INTO CANADA OR THE UNITED STATES OF AMERICA (“USA”). It is illegal to cruise into the USA or to land, moor, anchor, or meet another boat on the US side of Lake Koocanusa. The USA Border Patrol, Sheriff’s Department, The Department of Fish and Wildlife and/or The Department of Forestry may have the legal right to detain the Operators and their passengers, and issue significant fines for illegal entry into the USA.
  15. Vessels shall not be used or operated in violation of any provisions of the law. 
  16. Vessels shall not propel or tow any other vessel. 
  17. Vessels shall not be used or operated by any person whose ability to drive is impaired by alcohol, drugs, medication or otherwise.
  18. All capsized Sea Doos or Personal Watercraft shall be righted counter-clockwise from the back. Operators must advise Sunshine Marina staff if a Sea Doo or Personal Watercraft rolls or capsizes. 
  19. LIABILITY FOR DAMAGE:  Renter agrees they shall be fully liable for all damage to all Sunshine Marina’ Vessels and property arising from a rental. If a Vessel is unavailable for rental by Sunshine Marina due to damage or loss which arises in whole or in part from the fault, neglect or breach of this Agreement by Renter, Renter agrees to pay the cost of all necessary repairs and 80% of the daily rental rate of the affected Vessels as liquidated damages until such time as the Vessel can be reasonably repaired or replaced. 
  20. INDEMNITY:  Renter, each Additional Designated Operator and each passenger must sign a Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (“Release Agreement”).  Release Agreements with respect to minors (those under 19 years of age) must be signed by a parent or guardian.  If Renter fails to ensure that Sunshine Marina has been provided with a duly signed Release Agreement on Renter’s behalf and on behalf of each person onboard the Vessel, Renter agrees to be bound by the terms of the Release Agreement and to indemnify and hold harmless Sunshine Marina and all Releasees (as defined in Release Agreement) from any and all claims, including all related legal fees (on a solicitor and client basis) and expenses, brought by or on behalf of Renter, any passenger or any of their respective next of kin or heirs, which results from or is in any way directly or indirectly connected with this Agreement. 
  21. Renter also agrees to indemnify and hold harmless Sunshine Marina and all Releasees (as defined in Release Agreement) from any and all claims, including all related legal fees (on a solicitor and client basis) and expenses arising from Renter’s breach of this Agreement, regardless of any actual or alleged negligence on the part of Sunshine Marina or any of its servants, agents or employees.
  22. ENTIRE AGREEMENT: This Agreement and the signed Release Agreement required to be executed by Renter is the entire agreement between the parties and supersedes all prior understandings and agreements between the parties.
  23. SUCCESSORS AND ASSIGNS: This Agreement is binding on and shall insure to the benefit of the Sunshine Marina and the Operators, and any respective successors and assigns.
  24. SEVERABILITY: If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 

LAW AND JURISDICTION: The law of British Columbia and Canadian maritime law shall apply to the interpretation and construction of this Agreement and to any and all disputes, actions, causes of action, claims or demands arising out of or relating to this Agreement or any rental. Any legal proceedings arising out of or relating to this Agreement or any rental shall be brought before either the Supreme Court of British Columbia Cranbrook Registry or the Federal Court of Canada situated Vancouver, B.C., and no other court shall have any jurisdiction whatsoever.

 

July 1, 2025 

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.



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