I, the undersigned (hereinafter referred to as “Lessee”), have requested to engage in watersports activities by the business trading as Seymour Fun Rentals, under Daniels Store and Marina, (hereinafter referred to as “SFR”, which includes the owner(s) and/or business) and/or to rent or operate a personal watercraft (hereinafter referred to as “PWC”) and/or to participate in PWC activities sponsored by Seymour Fun Rentals, and in consideration of being permitted to, for any purpose: a) enter the premises occupied by Seymour Fun Rentals b) rent and/or operate PWC, and/or; c) participate in PWC activities, I, for myself, my personal representative, heirs, next of kin, executors, administrators, successors, and assigns, hereby:
Lessee agrees to RELEASE, REMISE, AND DISCHARGE, SFR, the owners and operators of the PWC and boating activities sponsored by SFR, the owners and licensors of the premises occupied by SFR and their respective servants, agents, employees, and officers (hereinafter referred to as “releasees”), from all liability to Lessee, their personal representatives, heirs, next of kin, administrators, successors, and assigns, and for any and all loss or damage, any claims or demands on account of injury to them or any other person, whether or not the injury results in death, or damage to any property whether or not the property is owned by them, arising from, or in any way related to their presence on the premises occupied by SFR and/or their participation in any activities sponsored by SFR. INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE, INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE RELEASEES’ NEGLIGENCE.
Lessee AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES on account of injury to them or to any other person, whether the injury results in death, or account of damage to any property, whether or not the property is owned by Lessee, arising from, or related to, Lessee’s presence on the premises occupied by SFR, whether or not these injuries or damages were caused by the releasees’ negligence.
Lessee AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES from any loss, liability, damage, or cost that may incur, including attorneys’ fees, arising from, or in any way related to, Lessee’s presence on the premises occupied by SFR, their operation of a PWC rented from or owned by SFR, and/or their participation in any activities sponsored by SFR. Lessee acknowledges all responsibility for the safe and proper operation of the personal watercraft and for the safety and welfare of other boaters and persons. It is agreed and understood by Lessee that SFR and its directors, officers, shareholders, members, agents, employees, representative, successors, and assigns shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown, or malfunction of the personal watercraft. Lessee further agrees to indemnify and hold harmless SFR and its directors, officers, shareholder, members, agents, employees, representative, successors and assigns from and against any and all claims or loss or damage to property or injuries to Lessee or Lessee’s minor children and of other persons (including death) resulting through the use, operation, or possession of the personal watercraft. Lessee further agrees to release and hold SFR and its respective directors, officers, shareholders, members, agents, employees, representative, successors and assigns harmless should loss or damage occur to any Lessee’s personal property while carried in or on the personal watercraft or while in SFR’s possession, including loss or damage caused by fire, water, theft, and any cause whatsoever.
Lessee ASSUMES THE RISK OF BODILY INJURY, DEATH, OR PERMANENT DAMAGE, whether due to the negligence of RELEASEES negligence, Lessee’s negligence, or any other reason or factor, while upon the premises, while operating a PWC rented from or owned by SFR, and/or while participating in any activities sponsored by SFR.
Lessee is renting the PWC “As Is”. SFR is not making any express or implied warranty of the PWC. SFR is not liable for any loss from any defect in the PWC. SFR did not manufacture the PWC. SFR is not making any representation, warranty, or agreement, express or implied, regarding the condition, quality, or suitability or fitness of the PWC. To the extent permitted by law, SFR will not be liable for damages, inconvenience, or time lost due to accident, breakdown, or malfunction of the PWC.
ACKNOWLEDGEMENT OF RISKS. Lessee acknowledges that some, but not all, of the risks of participating in the watersport activity include:
- Changing water flow tides, currents, wave action, and ships’ wakes.
- Collision with any of the following: other participants’ watercraft, other watercraft, and manmade or natural objects.
- Wind shear, inclement weather, lightning, variances and extremes of wind, weather, and temperature.
- Lessee sense of balance, physical coordination, ability to operate equipment, swim, and/or follow directions.
- Collision, capsizing, sinking, or other hazard which results in wetness, injury exposure to the elements, hypothermia, and/or drowning.
- The presence of insects, wildlife, and marine life forms.
- Equipment failure or operator error.
- Heat or sun related injuries or illnesses, including sunburn, sunstroke, or dehydration.
- Fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of accident.
- Personal injury, accidents and illness of the approved operators and other persons. This includes but is not limited to sprains, torn muscles and ligaments, fractured or broken bones, eye damages, cuts, wounds, scrapes, abrasions, contusions, burns, drowning, oxygen shortage, exposure, head and neck and spinal injuries, bite or attack by animal or insect or marine life, allergic reaction, shock, paralysis, and/or death.
EXPRESS ASSUMPTION OR RISK AND RESPONSIBILITY. Lessee agrees to assume responsibility for all risks of the activity, whether identified above or not (EVEN THOSE RISKS OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). Lessee’s participation in the activity is purely voluntary. Lessee assumes full responsibility for themselves and any of their minor children for whom they are responsible, for any bodily injury, accident, illness, paralysis, death, loss of personal property and expenses thereof as a result in any accident which may occur while Lessee participates in the activity (EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW).
Lessee has carefully read the Agreement pertaining to the ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY. Those provisions are incorporated herein by reference as if set forth in full. LESSEE HEREBY REPRESENTS AND CERTIFIES THAT THEY HAS READ THE ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY PROVISIONS AND THAT THEY UNDERSTAND THAT BY SIGNING THIS DOCUMENT THEY ARE WAIVING VALUABLE LEGAL RIGHTS INCLUDING ANY AND ALL RIGHTS THAT THEY MAY HAVE AGAINST SFR AND ITS EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS of the company either individually or as a whole. Lessee enters into this Agreement for themselves and for any minor children for whom they are parent, legal guardian or otherwise responsible.
Waiver of Liability and Indemnity Agreement
Lessee agrees and understands that:
RENTAL. In consideration of the Agreement herein, SFR does lease to the Lessee a certain PWC and Lessee agrees to lease the PWC from SFR on the terms and conditions set forth in this agreement and to pay to SFR at the rate stated There will be no refunds in the event of an early return. Lessee has inspected and accepted the PWC in its present “AS IS” condition. Not later than the check-in time at the end of the rental term, Lessee will return the PWC to SFR at the rental location in good, clean, seaworthy, and undamaged condition. Lessee will return the PWC with the same stores and amount of fuel on board, or Lessee will pay SFR for any shortages at Daniels Store and Marina retail prices.
PAYMENT. At the request of SFR, Lessee will pay the Rental Fee and Security Deposit described on the first page of this Agreement, and any other charges under this Agreement. If Lessee does not return the PWC on time, and SFR’s request, Lessee will pay SFR late fees as agreed upon on the front of this form.
- CREDIT CARD: If Lessee is charging any payment under this agreement to Lessee’s credit card, SFR may charge Lessee’s credit card for any other amounts that are owed by Lessee under this agreement.
- SECURITY DEPOSIT: Lessee agrees to provide SFR with a deposit in the amount of One Thousand and Five Hundred Dollars ($2,000.00) and/or a credit card and driver’s license to be held for the duration of the ride which deposit shall serve as security for and may be applied against any damage or charges that may be due SFR as provided herein. SFR’s application of any portion of this damage deposit towards damages or charges shall not be SFR’s exclusive remedy for damages, charges or other monies that may be due to SFR under this Agreement. SFR will return the remaining amount of the Security Deposit, without interest, to the Lessee after any amounts necessary to pay the obligations under this Agreement are deducted. The Security Deposit does not excuse any Approved Operator from any obligation under this Agreement.
- CLEANING AND RESCUE CHARGE: A cleaning charge of $100 applies to any PWC not returned in a clean and orderly condition. A $100 per hour rescue fee plus fuel expense applies if SFR, its owners, employees or assignees must come and get Lessee.
- LATE FEES: ALL rentals MUST be back by reservation designated end time. Approved Operators are automatically charged a $75.00 late fee after 15 minutes of the rental due time, plus a prorated rental charge.
- Lessee understands that that they must be at least eighteen years of age to operate a PWC. Except for the Approved Operators no other person may operate the PWC.
- SFR requires that Lessee be a licensed vehicular driver.
- Lessee understands that approved personal flotation devices which are properly fitted and fastened must be worn at all times aboard the PWC.
- No one shall smoke while on board the PWC.
- No person shall operate a PWC on the waters after sunset or before sunrise.
- No person shall operate a PWC on the waters in excess of 8km per hour within 100 feet of any moored or anchored vessel, shore, wharf, dock, pier, piling, bridge structure or abutment, or a person in the water.
- Lessee shall familiarize himself/herself with all operating instructions for the PWC.
- Lessee shall assure that the personal watercraft is used in a safe manner utilizing the highest standard of care to avoid injuries and damage to the PWC or other property.
- The PWC shall not be used in connection with stunts, racing, the towing of person or property, or any other use which might result in injury to person or damage to property. No one will transport the PWC more than 50km from where it is rented. The PWC will only be operated within the waters of the Province of British Columbia.
- The PWC will only be used for recreational purposes. The PWC will not be used for business or commercial purposes.
- Each Approved Operator is experienced and capable in all aspects of operating and towing the PWC.
LAWS. Lessee agrees that they will operate the personal watercraft in accordance with SFR Safety Rules and in accordance with all laws of Canada governing the operation of the PWC, included but not limited to local, provincial, local and/or federal laws, and environmental and endangered species rules and regulations. Lessee further agrees to personally pay any ticket, citation or suit arising from their use of the PWC and agrees to operate the personal watercraft in a safe and law-abiding manner. If there is an accident or loss, Lessee will immediately contact the police department and give a copy of the completed incident report to SFR.
SFR SAFETY RULES. Lessee represents that they are familiar with the operation of the PWC and that they have read and understand the Safety Rules, and which are incorporated herein by reference and Lessee further agrees to comply and abide with each and every one of these Safety Rules. These rules will be provided to the Lessee both by the guide with verbal instructions and/or a handout! No more than the number of persons approved by the Coast Guard and other rules shall ride the PWC at any time. The weight limit for the PWC will not be violated.
INSURANCE. SFR is purchasing PWC Liability insurance and property damage insurance to protect SFR’s interest for the use of the PWC by the Lessee under this Agreement. The Lessee will report any occurrence or claim to SFR immediately. The Lessee will cooperate with and assist SFR and the insurance company to investigate the occurrence and find evidence and witnesses, and to defend and appeal any claims and lawsuits. Without the written approval of SFR and the insurance company, the Lessee will not admit that they are liable for any claim. The Lessee will pay SFR the amount of any deductible for each insurance claim. SFR is not providing any other insurance.
There is no insurance coverage being provided to protect any Lessee and that coverage must be obtained by the Lessee. SFR is not providing any insurance to protect any liability or the interest of any Lessee.
Lessee’s participation in PWC, as with any watersport, will test physical and mental limits, involves very powerful machinery, and exposes them to dangers associated with the operation of PWC. These dangers include, without limitations: collisions with other vessels, fixed objects, persons in the water, or objects in the water; exposure to the elements; mechanical breakdown; loss of control of the vessel; falling off the vessel; sinking of the vessel; drowning; and other dangers known or unknown. Lessee understands these rules and assume the risk of harm presented by these damages.
FAILURE TO OBEY AND LISTEN TO SFR INSTRUCTIONS WILL RESULT IN A TERMINATION OF YOUR RENTAL WITHOUT A REFUND. (Please listen and pay close attention to the certified guides. SFR wants you to have fun, but more importantly want you to ride safe!)
Lessee’s presence on the premises operated by SFR and/or their participation in the PWC
activities organized by SFR exposes them to the potential risks that include, without limitations: death or serious injury to Lessee and/or others; and damage to property owned by Lessee, SFR, and/or others.
PWC activities may pose an additional danger to persons with pre-existing physical injuries or other conditions, or to pregnant women. Lessee is not aware of any physical or mental conditions that may affect my ability to participate in PWC activities or that may be aggravated by the participation in such activities. Alternatively, Lessee acknowledges that they have consulted with their physician who has advised them that they may participate in these activities without restrictions.
Lessee will NOT participate in any PWC activities sponsored by SFR while their ability is impaired by alcohol, drugs, or otherwise. If found by discretion of SFR’s staff to be impaired by said substances Lessee further agrees that their rental will be terminated, and no refund will be provided.
In the event of malfunction or breakdown of the craft, or if any defect occurs during the rental period,Lessee will immediately report any unusual problems to SFR. Continued use of the craft in any of these circumstances shall be entirely at Lessee’s risk and shall then be under the obligation to assume any and all liabilities resulting from bodily injury, loss, or damage caused to all persons and property that may become involved in any accident.
SFR may cancel the rental if:
- Any Lessee fails to comply with any provision of this Agreement; or
- Any representation of any Lessee is untrue; or
- The PWC is damaged; or
- SFR determines that the rental should be cancelled because of any natural cause, inclement weather, medical problem, or other unsafe circumstances. Lessee acknowledges that this is entirely left to the discretion of SFR.
If the rental is cancelled, Lessee will return the PWC to SFR, SFR may take possession of the PWC, SFR may enforce their other rights and remedies, and the provisions of this agreement will still be in effect. Also, because of any natural cause, medical problem, safety problem, or other problem, at the request of SFR, the Approved Operators will stop any activity in the use of the PWC, and SFR may refuse or terminate the participation of any person who SFR feels is not able or willing to properly participate in any activity in the use of the PWC. The Lessee agree that SFR has the right to do this for the safety and protection of the Lessee, the Approved Operators, and other persons, and for the proper use and protection of the PWC.
SFR will provide the Lessee with oral instructions concerning the operation of the PWC or other watercraft that the Lessee is renting from SFR. Lessee will not participate in PWC activities unless they receive and understand these instructions. By participating, Lessee acknowledges that they have received and understood these instructions.
When operating a PWC, the Lessee will allow sufficient time and distance to stop the vessel. The Lessee realizes that riding a PWC is not like driving a car and Lessee will not participate in any PWC activities unless they completely understand this concept. By participating, Lessee acknowledges that they understand this very important concept.
Lessee will not “Beach” (run or haul up on to a beach) the PWC, nor ride the PWC up or down any rivers. Any damages caused by beaching or driving the PWC in a river will be paid by the Lessee.
PWC and other jet-powered boats DO NOT STEER OR TURN WITHOUTPROPULSION.
Lessee understands that they must apply throttle to steer and turn the PWC while traveling at speeds in excess of 6 knots. Lessee will not participate in any PWC activities unless they completely understand this concept. By participating, Lessee acknowledges that they understand this concept.
Lessee will have the opportunity to inspect the PWC or other watercraft that they are renting from SFR before they board the vessel. Lessee will not participate in any PWC activities until the vessel is inspected and Lessee is satisfied with its condition. By participating, Lessee acknowledges that they have conducted this inspection. Lessee is liable for all loss and damage to the PWC from any cause. If the PWC is lost or damaged, Lessee will pay SFR at their request to replace or repair the PWC. Lessee will not be liable to pay SFR to the extent that the loss or damage is covered by SFR’s insurance, except for any deductible, which Lessee agrees to pay.
Lessee acknowledges that SFR is not a manufacturer of the PWC that Lessee is renting, and it does not make any representations, warranties of, or covenants, expressed or implied, with the respect to the condition, quality, durability, or suitability of the PWC.
Lessee agrees that they will not allow any other person to operate the vessel that Lessee is renting from SFR unless that person is an Approved Operator or an SFR employee or agent.
Lessee agrees to return the vessel that they have rented from SFR within the rental period that they negotiated. If Lessee fails to return the vessel to SFR for any reason other than mechanical malfunction that is not caused by misuse of the vessel, Lessee agrees to pay an additional sum equal to the standard hourly rental rate (or fraction thereof) that exceeds the rental period that they negotiated.
Lessee understands that SFR is not the only business offering PWC rentals in British Columbia and my decision to rent from them is “THEIR” choice.
IT IS THE LESSEE’S DUTY TO ASK SFR TO FURTHER EXPLAIN ANY MATERIALS, RULES, REGULATIONS, OR INSTRUCTIONS THAT THEY DO NOT UNDERSTAND BEFORE THEY START THEIR RENTAL. LESSEE WILL NOT PARTICIPATE IN ANY PWC ACTIVITY IF THEY DO NOT UNDERSTAND ANY PART OF ANY MATERIALS, RULES, DETAILS, REGULATIONS, OR INSTRUCTIONS PROVIDED TO THEM BY SFR.
Lessee understands that they are liable for all damages and costs incurred as a result of their negligence including but not limited to damages and lost rentals due to damage to any vessel. Lessee agrees to IMMEDIATELYREIMBURSE SFR for these repairs and other costs. Most repair costs are calculated according to the repair table attached to this Agreement. Any damage that is not priced on the repair table is billed at actual cost to SFR plus actual installation/repair costs billed to SFR by repair facility.
Lessee understands that they are responsible for the PWC that Lessee is renting as well as any PWC, boat, structure, or any other matter or property that they may come in contact with. If Lessee is involved in any type of accident that damages the property of SFR, Lessee will pay SFR for their losses IMMEDIATELY!
NO TRANSFER. Lessee cannot transfer any of their right or interest under this Agreement. Any transfer is void.
VOID PROVISIONS. If any provision of this Agreement is void, it will not affect the rest of this Agreement, and the rest of the Agreement remains in effect.
WAIVER, CHANGE, AND TERMINATION. No provision of the Agreement can be waived, changed, or terminated, except in writing signed by SFR and Lessee.
COURT JURISDICTION AND VENUE. The courts located in British Columbia shall have exclusive jurisdiction of any litigation related to this Agreement or the use of the PWC. No Lessee may sue SFR or any of SFR’s employees or agents in any other province.
HEIRS AND REPRESENTATIVES. This Agreement binds the parties who sign this Agreement and their heirs, representatives, successors, and assigns.
GOVERNING LAW. This Agreement is governed by the internal laws of the province of British Columbia.
COPY OF AGREEMENT. Lessee has received a fully completed copy of this Agreement.
SIGNING BELOW CERTIFIES THE FOLLOWING:
I HAVE READ THE ABOVE ASSUMPTION AND ACKNOWLEDFGMENT OF RISKS AND RELEASE OF LIABILITY PROVISION AND IN CONSIDERATION OF BEING PROVIDED WITH WATERSPORT RECREATIONAL PROPERTY OR SERVICES AND/OR BEING ALLOWED AS A PASSENGER ON A PWC FOR MYSELF AND ANY MINOR CHILDREN FOR WHOM LESSEE IS PARENT, LEGAL GUARDIAN OR OTHERWISE RESPONSIBLE AND FOR MY HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, LESSEE AGREES TO BE BOUND BY THE AFORESTATED PROVISIONS CONTAINED WITHIN THE ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY AND LESSEE UNDERSTANDS THAT BY SIGNING THIS DOCUMENT LESSEE IS WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST SEYMOUR FUN RENTALS, THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS. I HAVE READ THE TERMS AND CONDITIONS OF THIS PERSONAL WATERCRAFT RENTAL AGREEMENT AND AGREE TO THEM.
LESSEE IS EXPERIENCED AND CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF A CRAFT SUCH AS THE PWC RENTED. LESSEE HAS READ THE RENTAL AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTANDS THE TERMS AND CONDITIONS AS SET FORTH.
September 21, 2023
RULES AND REPAIR GUIDE
Renter shall return unit in good working condition at the end of a rental period. If any equipment has been lost or damaged, renter must inform Seymour Fun Rentals staff upon rental return. Renter is financially responsible for all lost or damaged equipment and damage to rental unit. Seymour Fun Rentals will charge the renter’s credit cared on file according to the following damage price list.
- Fiberglass/Hull Damage $1,500.00
- Torn or Damaged Seat $500.00
- Impeller Damage $1,000.00
- Engine Ingested Water $2,500.00
- Front Bumper $300.00
- Swim Step $300.00
- Lost Key $100.00
- Missing or Damaged Life Jacket $125.00
This list of charges is not exhaustive and not a waiver of responsibility for other damages to rented unit. The renter will be fully financially accountable to Seymour Fun Rentals and agrees to pay an additional $200/day until unit is in rentable condition to a maximum value of $6,000.00.
RULES FOR RIDING
- You must follow the Instructions of the Jet Ski Guide at all times.
- You must wear a Life vest at all times.
- You must have the Kill Switch Lanyard attached to wrist or clipped on vest (preferably clipped on vest) and Kill Switch of Jet Ski at all times.
- You must obey “No Wake Zones” at all times.
- You always look around before you turn. No sharp turns.
- No reckless operation is allowed.
- No splashing other boaters or skis.
- No jumping wakes of other boaters.
- You must not ride ski within 100 feet of a dock or moored vessel/ boat.
- You must be 100 Feet from another ski at all times.
- You must be at least 10 feet away from shoreline at all times.
- You must not be under the influence of drugs or alcohol.
- Pregnant women, or persons with bad backs or heart conditions are not advised to, and should not rent Jet Skis.
- Jet ski must be boarded from the rear.
- Be aware that the Jet ski has no brakes.
Safety first!!! Any Violations of these rules will result in termination of the ride and no refund.
I have read the above rules and understand.