If the rental equipment is not returned in satisfactory condition with an unreasonable amount of wear and tear as determined by Blue Dog Kayaking ltd. Staff, the client accepts responsibility for replacement at full market price of an equivalent product, including shipping and GST. Some examples of unreasonable wear and tear include deep gouges, punctures for cracks in the hull, visible damage to the gunnels, seats, yoke or thwarts, and deformation of the hull including creases, seams and bulges. The client agrees to carry boats over portages, avoid whitewater beyond their skill level, and avoid securing boats in shallow water where subsurface rocks will damage the hull. The client is responsible for ensuring rental equipment is not distorted by the sun and securely attached to vehicles when being transported.
A $20 cleaning fee will be charged to the client if the rental equipment is returned in an excessively dirty condition. Blue Dog Kayaking Ltd does not expect rental equipment to be returned in spotless condition but please make a reasonable effort to clean gear before returning it. Transport Canada mandated-equipment- BDK requires a PFD to be worn at all times while on or near the water while using our equipment during tours, lessons or rentals. Transport Canada approved PFD's are supplied with every boat, tour or lesson. All boat rentals also include buoyant heaving line (15m), and a bailer, to comply with Transport Canada regulations. It is the responsibly of the client to ensure they have a whistle (or sound signalling device) and other mandated Transport Canada mandated items.
RENTAL AGREEMENT, 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
Blue Dog Kayaking ltd. and its employees, owners, instructors, guides, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”)
In this Release Agreement sea kayaking (hereinafter “the 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: still and whitewater kayaking; rental of kayaks (hereinafter “the boats”) and other equipment; orientational and instructional courses, seminars and sessions; and all travel, transport and accommodation; and other such activities, events and services in any way connected with or related to sea kayaking or the rental of sea kayaking equipment.
I accept full responsibility for the sea kayaking equipment rented (“the Equipment”) and agree to pay for any damage to the Equipment, replacement of the Equipment at full retail value if not returned by the agreed date.
SEA KAYAKING SAFETY
I acknowledge that I have been advised to wear an approved personal floatation device while sea kayaking 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 lake and river environment including cold water immersion, currents and weather effects. I am aware that there is staff available to answer any questions that I may have as to the proper use of the Equipment.
ASSUMPTION OF RISKS
I am aware that sea kayaking and the rental of sea kayaking equipment involves many risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from the put in; slip and falls while getting into or out of the boat; overturning of the boats; loss of balance; impact, collision with or entrapment by trees, logs, deadfall, boats or equipment; hypothermia; drowning, changing and inclement weather conditions including storms, high wind, high waves, and lightning; encounters with domestic or wild animals; mechanical failure of the Equipment, negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES AND THE MANUFACTURES AND DISTRIBUTORS AND THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SEA KAYAKING AS A RESULT OF MY USE OF THE EQUIPMENT. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SEA KAYAKING AND THE RENTAL OF SEA KAYAKING EQUIPMENT 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. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to rent me sea kayaking equipment and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND TO RELEASE THE RELEASEES from any and all 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 sea kayaking or the use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in sea kayaking or my use of the Equipment;
3. 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;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where the Activities take place and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the Activities take place and shall be within the exclusive jurisdiction of the Courts of that province. In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the sea kayaking or my use of the Equipment, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Today's date: October 26, 2021