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Small Craft 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.
PLEASE READ CAREFULLY

TO: Sea Otter Lodge Inc., and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”)

DEFINITION

In this Release Agreement all use or rental of small water craft (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: use or rental of ocean kayaks; fish kayaks; paddle boards; row boat; canoe; and any small motorised water craft (hereinafter “watercraft”, "vessel" or "the equipment") This agreement will cover all such activities, events and services in any way connected with or related to the use or rental of small watercraft or vessel equipment.

SEA & FISH KAYAKING RENTAL AGREEMENT - SAFETY

I Agree
I acknowledge that I have been advised to wear an approved personal floatation device (PFD) while operating equipment.

I Agree
I agree to carry safety equipment such as PFD, spray deck, pump, paddle float, light, throw rope, bailer, Vhf radio, spare paddle or pedals & any other safety equipment relevant to each type of equipment.

I Agree
I am familiar with the proper use of the equipment, including how to self-rescue, and of the ocean environment including tides, currents, weather effects, winds, boat traffic and general navigation of area. 

I Agree
I understand that Navionics electronic chart and map service is recommended.

I Agree
I understand Vhf radio protocols for safety: 

-Ch 16 for emergencies requiring coast guard

-Sea Otter Lodge stands by Ch 06

-Kyuquot Village stands by Ch 14

-Kyuquot-wide repeater is Ch 86

-There is no cell phone service in area.

I Agree
I will sign in/out and leave an itinerary plan with expected locations and expected time for return


I Agree
I am aware that there are staff available to answer any questions that I may have as to the proper use of the equipment and that my questions regarding the activities have been addressed to my satisfaction.

I Agree
I understand that it is illegal to consume alcohol or drugs while operating any small vessel watercraft.

I Agree
I understand that for minors under the age of 18 to use the equipment, parent or guardian must accompany them at all times.

I Agree
I understand that Canadian residents are required by law to have a valid Pleasure Craft Operator Card (PCOC) to operate any motorised vessel and failure to provide may result in fines if checked by authorities.

I Agree
I understand that non-Canadian citizens who are in Canada for less than 45 consecutive days do not need a PCOC but must carry proof of residency with them.


SEA & FISH KAYAKING RENTAL AGREEMENT - EQUIPMENT RESPONSIBILITIES

I Agree
I agree to leave my credit card information for a charges if any equipment is lost or damaged.

I Agree
All equipment must be returned clean, washed and secured to dock or stored within storage lockers at agreed upon time.

I Agree
If equipment is returned damaged or lost, then I will be charged a fee for repairs or replacement of equipment at retail replacement value.

I Agree
If equipment is returned uncleaned then a cleaning fee may be charged.

I Agree
I am aware that deep gouges to the hull of small vessels will be caused by dragging the vessel over rocks and agree not to do this.

I Agree
I understand the paddle board is inflatable and needs extra protection from rocks, barnacles and sharp objects.

I Agree
I understand that before going onto shallow water or onto the dock the rudder and pedal drive units must be in up position.

ASSUMPTION OF RISKS

 

I Agree
I am aware that operating any small watercraft equipment involves inherent risks of many various 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 boats; 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; on land or beaches such as falling due to uneven terrain, unstable beach logs, slippery rocks, falling branches, encounters with domestic or wild animals; mechanical failure of the equipment, negligence on the part of other participants; and negligence on the part of the releasees, including the failure on the part of the releasees to safeguard or protect me from the risks, dangers or hazards resulting from my use of equipment.

I Agree
I freely accept and fully assume all such risks, dangers and hazards, including the possibility of personal injury, death, property damage and loss resulting from activities with the equipment.

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 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 the Activities or use of the Equipment, due to any cause whatsoever, including negligence, breach of contract, or breach of warranty on the part of releasees in respect of the design, manufacture, selection, installation, maintenance, inspection, service or repair of equipment, or in respect of the provision or failure to provide any warnings, directions, instructions or guidance as to the use of 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 activities or the 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 of British Columbia and no other jurisdiction.

5. 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 activities or use of 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 BY SIGNING THIS RELEASE AGREEMENT I WAIVE LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
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Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
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Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
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.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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