Attention: By signing this document, I will waive or give up certain legal rights, including right to sue, or claim compensation following an accident. Please read carefully before signing To: West Coast Wave Riders and their parent companies, subsidiaries, affiliates, respective directors, officers, employees, guides, sales agents, affiliates, independent contractors, subcontractors, representatives, shareholders, successors, and assigns other guests (all of whom to be herein collectively referred to as the “releasees”). STATEMENT OF RISKS There are significant elements of risk in any adventure, sport or activity associated with water sports, the outdoors, the presence or use of motorized watercraft and activities, incidental there to (referred to herein as “activity”). Although we have taken responsible steps to provide you with the appropriate equipment, and or skilled staff so that you can enjoy the activity for which you may not be skilled, THE ACTIVITY IS NOT WITHOUT RISK. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be causes of loss or damage to equipment, cause accidental injury, illness or, in extreme cases, permanent trauma, or death. We do not want to frighten you or reduce your enthusiasm for the activity. We do think it is important for you to know in advance what to expect and to be informed of the inherent risks. ACKNOWLEDGEMENT OF RISKS I/We acknowledge that the following describes some, but not all, of the risks of participating in the activity: 1) Changing water, flow, tides, currents, wave action, and ship’s wakes; 2) Collision with any of the following: other participants, the interior and exterior (including propeller) of the watercraft, in which I/we are riding, or any other portion of said craft, other watercraft and man-made or natural objects; 3) Wind, shear, inclement weather, lightning, variants, and extremes of wind, weather and temperature; 4) My/our sense of balance, physical co-ordination, ability to operate equipment, and to swim, the elements, hypothermia, and drowning; 5) Getting in or out of the craft; 6) Travel, including travel to or from the activity; 7) the presence of insects or marine lifeforms; 8) Equipment failure or operator error; 9) Heat or sun related injuries; 10) reaction time; 11) Limited medical help due to the remote area where the activity takes place. I am (we are) aware that the activity may entail risk of injury, or death. I/We understand the description of these risks is not complete and that unknown or unanticipated risk may result in injury, illness, or death as a result of my/our participation in the activity. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY I/We agree to assume responsibility for the risks of the activity identified herein, and those risks not specifically identified. My/Our participation in the activity is purely voluntary. No one is forcing me/us to participate. I/We verify that I am/we are physically fit, not under the influence of alcohol or any drugs at this time and sufficiently qualified, trained and capable to participate in the activity. I/We assume full responsibility for myself/ourselves, and any of my minor children for whom I am/we are responsible for, and bodily injury, accident, illness, death, loss of personal property, and expenses, there of as a result of any accident, which may occur while I/we participate in the activity. I/we assume the risk(s) of personal injury, accidents and/or illness, including, but not limited to sprains, torn muscles, and/or ligaments, fractured or broken bones, I damage, cuts, wounds, scrapes, abrasions, and/or contusions, dehydration, drowning, oxygen, shortage, and/or exposure, head, neck, and/or spinal injuries, bite or attack by an animal, insect or marine life, allergic reaction, shock, paralysis, or death. I/We elect to participate in the activity in spite of the risks. I am/we are responsible for protecting my/our skin and eyes from the elements. I/We agree to wear a Canadian Coast Guard approved personal flotation device (life jacket) while participating in the activity. This is a basic precaution and is required. Participation includes riding in any watercraft. COVENANT OF GOOD FAITH I/We recognize that you, a provider of the services, will operate under a covenant of good faith and fair dealing. I/We recognize that you may find it necessary to terminate the activity due to forces of nature, medical necessities or other problems, and/or refuse to terminate the participation of any person(s) you judge to be incapable of meeting the rigors or requirements of participating in the activity. I/We accept your right to take such actions for my/our safety, and/or the safety of other participants, including but not limited to transport in our service boat in the event of medical situation occurring during the activity. MEDICAL CONDITIONS I have no known medical conditions that could affect my capabilities of driving/renting a machine. Please list all allergies, medication, and or medical conditions that could affect your ability to participate in the trip/rental. You are required to inform the releasees prior to trip departure of any changes in your medical conditions. I certify that I have adequate insurance to cover any injury and/or rescue evacuation that may arise while involved in the set activities, or else I agree to bear the cost of such injury, and/or rescue evacuation myself. I acknowledge that in the event of an accident, rescue and medical treatment may not be immediately available. I further certified that I am willing to assume the risk of any medical or physical condition I may have. AUTHORIZATION I/We herby authorize any medical treatment deemed necessary in the event of any injury I/we may incur while participating in the activity. I/We either have appropriate insurance, or, in absence, agree to pay all costs of rescue and/or medical services, as may be incurred on my/our behalf I/we agree that any film or photographs of me/us as participants becomes your personal property and may be used for promotional or commercial purposes. RELEASE In consideration of services of property provided, I/we for myself/ourselves and any minor children for whom I/we are parent, legal guardian, or otherwise responsible, and heirs, personal representatives, or assigns, agree that West Coast Wave Riders, their principles, directors, officers, agents, employees, representatives and volunteers, their insurers, if any, shall have no liability of any nature for any damage to me, and other persons or properties, as a result of my/our participation in the activity. The release includes any acts, omissions, or negligence of the “owner”, the operator named above, or any other person (including myself), or any entity, their agents, employees, agents, servants, or assigns and their insurer(s), if any, for such damage. I HAVE READ THE ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY. I/WE UNDERSTAND THAT, BY SIGNING THIS DOCUMENT I/WE ARE EXPRESSING MY/OUR INTENT TO WAVE VALUABLE, LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I/WE MAY HAVE OR NOW HAVE AGAINST THE OWNER, THE OPERATOR NAMED ABOVE, OR THEIR EMPLOYEES, AGENTS, SERVANTS, OR ASSIGNS. Any person(s) renting; any boats, watercraft, or marine equipment from West Coast Wave Riders shall adhere to the following regulations and policies. Any deviation from the following regulations and policies shall be considered a breach of contract and shall result in termination of the contract. Any cost(s) involved in termination of the contract shall be paid by the customer. Disagreement is binding and non-transferable to any other person(s) and only person(s) signing the agreement are allowed to operate the rental unit. NOTE! Operating any boat or watercraft while under the influence of alcohol or drugs, is an offence under the criminal code of Canada, and will make void any and all insurance coverage. Any damages, resulting from the wilful damage, gross negligence, illegal acts(s) , or operating in prohibited areas are not covered by insurance. Failure to notify West Coast Wave Riders of any accident or boat damage will make avoid any and all insurance coverage. DAMAGE DEPOSIT 1. A 2500 damage deposit is required to commence this rental. 2. A valid drivers license is required, minimum age is 18 years old. 3. The damage deposit will be refunded upon return of the rented equipment provided nothing listed in section 1(D) has occurred. 4. The damage deposit shall be applied to the following occurrences: any damage caused it to the rental, boat, watercraft, or equipment; and watercraft returned late or in an excessively unclean state; any costs involved in retrieval or repair of any boat, watercraft or equipment that is a result of negligence or illegal act(s) Safe operation 1(D) 1. Understand the features and safety equipment of your rental unit; 2. Always wear an approved flotation device; 3. Never overload your rental unit; 4. Always attach engine-stop switch lanyard or armband to your wrist; 5. Never operate any rental unit after consuming alcohol or drugs; 6. Select a safe, open area of the lake to familiarize yourself the rental unit; 7. Do not operate in shallow waters or in any rivers; 8. Do not operate near any other vessels, near shore or near swimmers; 9. Keep a minimum distance of 100m from Shoreline, except to taxi in or out; 10. Do not “wake jump” behind other boats; 11. Always look behind before changing direction; 12. Adhere to strict speed limit 5 km/h when approaching/exiting boat launch; 13. When pulling skiers, wake boarders, tubes, etc, always have a spotter to assist drivers; 14. Respect, other boaters, keep a safe distance, stay clear of water skiers, etc; 15. No racing or stunting; 16. Watch out for and stay clear of logs and other floating debris; 17. Use common sense when operating any boat or watercraft; 18. Do not operate personal watercraft after dusk; 19. Towing devices are for forward motion towing, underway only. INSURANCE West Coast Wave Riders carry a liability insurance policy only, no comprehensive or collision coverage. This policy does not cover personal injury or any loss or damage to personal property to you or your invitees. Should any damage(s) or theft occur during your rental, you will be responsible for any and all related costs. LIABILITY West coast Wave Riders shall not be responsible for any personal injury to, or any loss of or damage(s) to the property of the customer, or any invitee of theirs for the duration of the rental agreement. The person(s) entering into this agreement release hold harmless and indemnify West Coast Wave Riders, all owners of the company, and any, and all employees of the company, from any and all damage(s), claims, or costs, which arise out of the use of any boat, watercraft, equipment, or accessories by the person(s) entering into this agreement. CONTRACT TERMINATION West Coast Wave Riders reserves the right to cancel and terminate the rental agreement at any time, with the resulting forfeiture of any fees paid in respect to the rental period, If, in the opinion of the representative of West Coast Wave Riders, the person(s) in care and control of the rental unit has (have) failed, or refused to comply with any term of the safe operation provisions of the rental contract. Such a contravention could be a hazard to navigation, people or property, including the rental unit, and may cause undone interference with the rights of others. FUEL, OIL AND TAXES Fuel, oil, and all applicable taxes are not included in the base rental rates, and are the responsibility of the person(s) entering into this agreement. EQUIPMENT INCLUDED All approved flotation devices required, shall be supplied at no charge. Any rope or towing device required, shall also be included. BOAT/ WATERCRAFT MALFUNCTION West Coast Wave Riders shall endeavour to supply safe and fully operational equipment upon commencement of any rental. However, breakdowns and failures are sometimes unforeseeable. Any such interruption shall be dealt with as quickly as possible. West Coast Wave Riders is not responsible to refund or adjust for any delays or interruptions. DAMAGE An inspection form pertaining to the rental unit’s physical condition before and after the rental period will be provided and signed by the rental party and shall form is part of this contract. SUBMERSION Any person(s) entering disagreement who submerges any personal watercraft shall be subject to a minimum $550 fee. As well, if retrieval is necessary due to submersion or damage, a retrieval fee of $150/hour plus fuel shall be charged. RENTAL TERMS The rate and term specified in this contract shall be adhered to, and the rental fee. Shelby paid for prior to departing. Any damages, late charges, taxes, or other fees pertaining to this agreement shall be paid upon completion of the rental period. This agreement shall be governed in accordance with the laws of the province of British Columbia and shall be binding on the person(s) entering this agreement, as well as any invitees, their heirs, executors and assigns, and shall, ensure strictly to the benefit of West Coast Wave Riders, it’s successors and assigns. SIGNED THIS DATE: March 31, 2025 |