You should not participate in Water Sports Activities if you are pregnant or have a pre-existing condition or injury, including but not limited to: heart or respiratory distress; back, neck and/or muscle pain; or joint issues. Consult your physician before participating.
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!
November 30, 2022
TO: SUNSHINE HOUSEBOAT VACATION LTD. (“SHVL”) and its respective directors, officers, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors and assigns, executors and heirs (all of whom are hereinafter referred to as “the RELEASEES”)
DEFINITION: In this Release Agreement, the term “Water Sports Activities” means all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees including but not limited to: the water park; tubing behind boats; water vessel rental and operation, including boating, Sea-Doos, and other equipment; orientation and instructional courses; seminars and sessions; and all travel either within or beyond the designated boundaries in any way connected with or related to the Water Sports Activities; any activities in the water including swimming, splashing water on, off the water park, on the boats, the dock or the marina, jumping, diving and/or falling into the water from the water park, or the dock or marina, and other such activities, events and services in any way connected with or related to the Water Sports Activities.
REQUIRED EQUIPMENT: I will wear an approved life jacket at all times while participating in Water Sports Activities. I also acknowledge and agree that I will carry on board any water vessel all additional safety equipment as required by the Releasees. I agree that I shall satisfy myself with any questions or concerns that I may have arising from the use of an approved life jacket and all additional safety equipment before commencing the Water Sports Activities.
PAYMENT OF RESERVATION: 100% of your rental payment is due upon booking.
DAMAGE DEPOSIT: A $1500.00 to $2500.00 damage deposit is required before rental. The deposit must be placed on a credit card. The Damage Deposit will be applied to any outstanding charges including lost or damaged items, late returns, excessively unclean boats, or damage resulting from negligent operation or activity on the watercraft. NO CASH, MONEY ORDERS OR PERSONAL CHEQUES WILL BE ACCEPTED.
CANCELLATION: No cancellation fee will be charged if you cancel or change your reservation three weeks before your charter date. Full reservation fee and/or all sums paid will be retained if you cancel after the three-week deadline. All fees are subjected to applicable taxes. We do not accept cancellations due to weather. We will offer you to move your reservation to another day within the year based on availability, should you decline then 100% of funds paid will be retained.
BOAT MALFUNCTION: n the event of any malfunctions, mechanical or electric failure or breakdown of the watercraft and any of its parts, equipment or accessories, Sunshine Houseboats will not be responsible to adjust amounts paid; however, Sunshine will do everything in its power to offer an alternative, more time or reasonable compensation. Sunshine Houseboats shall endeavour to service the boat and to complete any required repair or replacement as quickly as possible. In the event of a Service Call for malfunctions, mechanical or otherwise that are a direct cause of the client and/or guests, there is a $150 per hour plus fuel fee.
CAPTAIN & CREW AGREE:
- The captain and any operators of the watercraft are an adult of 19 years of age.
- Reservation published rates are the responsibility of the person who reserved. Applicable taxes, insurance, and miscellaneous fees are also due and subject to change without prior notice. Any charges incurred are due as per the final audit by Sunshine Houseboat Vacations Ltd.
- Inspection of the watercraft, its accessories and equipment must take place before departure and complete the checklist provided.
- Must operate the watercraft and its equipment per the instructions of Sunshine Houseboats staff given before departure, and to observe the Rules and Regulations set by Sunshine Houseboats. To use the watercraft solely for personal use.
- Not to operate the watercraft to cause harm, injury or damage to any other person or property.
- To report immediately any damage or malfunction involving the watercraft to Sunshine Houseboats base.
- To return the watercraft at your assigned return time, clean and in the same condition and working order as it was at the time of departure.
- On return to the marina, to pay Sunshine Houseboats for gas used during the charter period, and for any lost inventory item or any other loss or damage.
- Renter agrees to pay Sunshine Houseboats for any service calls other than those deemed as a result of mechanical failure at a rate set at Sunshine Houseboats' discretion.
BORDER CROSSING: LAKE KOOCANUSA IS NOT A LEGAL POINT OF ENTRY INTO EITHER COUNTRY (CANADA OR USA) It is illegal to cruise into the USA. It is illegal to land, moor, anchor, or meet another boat on the USA side of the border on Lake Koocanusa. Please note that the USA Border Patrol, Sheriff’s Department and/or The Department of Fish and Wildlife and/or The Department of Forestry have the legal right to fine $10,000 U.S. for illegal entry.
TERMS & CONDITIONS:
- Renter acknowledges that the watercraft is the property of Sunshine Houseboat Vacations Ltd. rentals and was received by Renter in good mechanical condition. Renter will return watercraft to Sunshine Houseboat Vacations Ltd. rentals together with life preservers, fire extinguisher, and all tools and accessories as when received.
- Renter agrees that the watercraft shall not be used or operated: A) In violation of any provisions of the law. B) The purpose of propelling or towing any other watercraft(s). C) To any person except renter and authorized drivers shown on the rental form. D) By any person whose ability to drive is impaired by alcohol or drugs. E) By any person who should suspect that further use of the watercraft would cause harm.
- Renter shall be fully liable for all, damages to the watercraft. If the watercraft is unavailable for rental due to damage or loss which is partially the responsibility of the Renter, the damage or loss includes the cost of repairs and liquidated damages payable to Sunshine Houseboat Vacations Ltd rentals in an amount equal to the regular daily rental rate for the watercraft for each day that the watercraft is unavailable for rental.
- Renter authorizes Sunshine Houseboat Vacations Ltd. to process on credit card voucher, for the credit card shown on this contract for the charges payable to Sunshine Houseboat Vacations Ltd. under this agreement.
- Renter agrees that all rentals shall not be undertaken by Renter, at the sole risk of the Renter, and that Sunshine Houseboat Vacations Ltd. rentals shall not be liable to Renter, either in contract or tort and that any damages, claims, actions or causes of actions, whatsoever, arising out of the use of rentals is solely the responsibility of Renter. The Renter hereby expressly release and discharge Sunshine Houseboat Vacations Ltd. rentals from all such actions, claims, demands, injuries, damages or causes of actions arising in contract, or tort, or in consequence of any act of negligence on the part of said Sunshine Houseboat Vacations Ltd. rentals, its agents, servants or employees.
- All capsized Seadoos shall be put upright in a counter-clockwise position from the back
I am of legal age and I have read and I understand this waiver of liability and release of claim before signing it. I am waiving certain legal rights including all rights to sue which may now have or acquire in the future, for which I or my heirs, next of kin, executors, administrator, and assignees may against the Releasers.
ASSUMPTION OF RISKS: I am aware that participating in Water Sports Activities involves many risks, dangers and hazards that could result in personal injury, including sickness, illness, psychological injury; death and/or property damage. The risks, dangers and hazards include but are not limited to: swimming; diving; drowning; using any objects or equipment in connection with water skiing, wake boarding, tubing, operating water vessels and participating in the waterpark; operating and riding in water vessels; slip and/or falls while getting into or out of a water vessel or on or off the dock or marina or waterpark; falling off a water vessel or dock or marina or water park; changing and inclement weather conditions including but not limited to storms, high wind, high waves and lightning; changing water conditions including but not limited to changes in water flow, water surfaces, depths, currents, waves and wakes created by natural occurrences or by other vessels; impact or collision with the water surface, exposed or unexposed rock, sandbars, docks, vessels, vehicles, debris, or other natural or unnatural objects or structures; encounters with domestic or wild animals; impact or collision with other persons including but not limited to swimmers, water skiers, wake boarders, tubers, water park participants and water vessel operators; failure to operate water vessels safely or within a participant’s ability; a water vessel capsizing; negligence of others including but not limited to swimmers, skiers, wake boarders, tubers, water park participants and/or water vessel operators; malfunctions of a water vessel, water park equipment; becoming lost or separated from the Releasees or other participants; failing to use the safety equipment as instructed by the Releasees; allowing third parties onto a water vessel or the water park who have not engaged with the Releasees and signed a waiver; failing to take care in preparing to use the Water Sports Activities; and any and all NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN WATER SPORTS ACTIVITIES. I understand that communication when participating in Water Sports Activities may be difficult and in the event of an accident, rescue and medical treatment may not be readily available.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE WATER SPORTS ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
ALCOHOL AND DRUGS: I acknowledge that the use and/or consumption of alcohol and/or drugs or being under the influence of any of the aforementioned IS PROHIBITED ON ALL WATER VESSELS, WHILE PARTICIPATING IN WATER SPORTS ACTIVITIES AND WHILE AT THE FACILITIES AND SERVICES. If I use, consume or am under the influence of alcohol or any drug before or while participating in Water Sports Activities or while at the Facilities and Services, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY THE RELEASEES OR OTHER THIRD PERSONS, I ASSUME AND ACCEPT ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM AND WILL INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY DAMAGE TO PROPERTY OR PERSONAL INJURY TO ANY THIRD PARTY, RESULTING FROM MY PRESENCE ON THE FACILITIES AND/OR PARTICIPATION IN WATER SPORTS ACTIVITIES, WHILE, DURING OR AFTER CONSUMPTION OF ALCOHOL OR ANY AND ALL DRUGS.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration of the RELEASEES agreeing to my participation in Water Sports Activities and permitting my use of their services, equipment and other facilities (hereinafter referred to as the “Facilities and Services”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Water Sports Activities or my use of the Facilities and Services, DUE TO ANY CAUSE WHATSOEVER, INCLUDING, NEGLIGENCE, CONSUMPTION OF ALCOHOL OR DRUGS, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT AND ANY OTHER APPLICABLE MARINE LEGISLATION ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE MANY RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN WATER SPORTS ACTIVITIES AND MY USE OF THE FACILITIES AND SERVICES.
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any liability for any damage to property, loss or personal injury to any third party resulting from my participation in the Water Sports Activities or use of the Facilities and Services;
- TO DISCLOSE TO the Releasees all potential operators, passengers, participants and users of any of the Water Sports Activities and TO PROHIBIT any third parties, undisclosed to the Releasees, to participate in the Water Sports Activities;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely under the laws of the Province of British Columbia and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the courts of British Columbia.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees concerning the safety of participating in the Water Sports Activities and the use of the Facilities and Services, other than what is outlined in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT BEFORE SIGNING IT, AND I AM AWARE THAT BY SIGNING IT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
IF EXECUTING FOR PARTICIPANTS UNDER THE AGE OF 19 (THE “MINOR PARTICIPANT”): I HEREBY CONFIRM THAT I AM THE PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS MINOR PARTICIPANT AND I DO CONSENT AND AGREE TO THE MINOR PARTICIPANT’S RELEASE OF THE RELEASEES. I AGREE TO RELEASE AND TO INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO THE MINOR PARTICIPANT’S PARTICIPATION IN THE WATER SPORTS ACTIVITIES AND USE OF THE FACILITIES AND SERVICES.
SUNSHINE HOUSEBOAT VACATIONS LTD. RESERVES THE RIGHT TO CANCEL RESERVATION PRIVILEGES AND/OR RETAIN THE DAMAGE DEPOSIT OF ANY CLIENT VIOLATING THE ABOVE RULES AND REGULATIONS.
November 30, 2022