KAMLOOPS WATER SPORT RENTALS LTD., and its directors, officers, shareholders, employees, agents, representatives, contractors, subcontractors, successors, and assigns. Hereinafter collectively referred to as the “RELEASEES”.
Canadian approved Personal Floatation Device: further in this document to be referred to as “PFD”.
The compilation of Kayaks, canoes, boat, paddle boards, stand-up paddleboard, life jackets, PFD, paddles and any other items rented from RELEASES will be referred to as “EQUIPMENT”.
This agreement is in consideration of THE RELEASEES; the RELEASEES to enable me to rent EQUIPMENT for recreational activities including kayaking, canoeing, stand up paddle boarding, I agree as follows:
ASSUMPTION OF RISKS
I AM AWARE THAT ONE OF THE RISKS, DANGERS AND HAZARDS OF RENTING EQUIPMENT IS NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES, SOME OF WHICH ARE REFERRED TO BELOW.
Slips and falls while boarding or disembarking, from the canoe, kayak, stand up paddleboard, boat; loss of balance while in the canoe, kayak, stand up paddle board, boat.
Injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/ or total paralysis, death or other ailments that could cause serious disability.
Hypothermia due to exposure to very cold water; drowning; variation in the water conditions, surfaces, and currents, including high waves and tides; changing and inclement weather conditions including storms; high collision with rocks, trees, logs, deadfall, canoes, kayaks, stand up paddleboards, and boats; failure to act safely or within one’s ability or to stay within designated areas; and negligence of other persons.
I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGER AND HAZARDS AND DAMAGE OR LOSS RESULTING THEREFROM. HENCE, I VOLUNTARY AGREE TO RELEASE, DISCHARGE, HOLD HARMLESS, DEFEND, AND IDEMNIFY THE RELEASEES AND ITS OWNERS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES OR OTHERWISE WHICH MAY ARISE OUT OF MY USE OF THE RELEASEES EQUIPMENT AND I CHOOSE TO USE THE EQUIPMENT I RENT FROM THE RELEASEES VOLUNTARY. I SPECIFICALLY UNDERSTAND THAT I AM RELEASING, DISCHARGING, AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE AT PRESENT TIME OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR OTHER CONDUCT BY THE OWNERS, AGENTS, OFFICERS, OR EMPLOYEES OF THE RELEASEES.
I acknowledge that the required EQUIPMENT and the PFDs are new or in good working condition.
I understand when and how to use the EQUIPMENT.
I confirm that there are enough PFDs of the proper size for all people renting the EQUIPMENT.
I understand that each person using the EQUIPMENT should always wear a Canadian approved Personal Floatation Device.
I have reviewed and understand the Safety tips for outdoor watersports (https://kamloopswatersportrentals.ca/safety/) and have no questions or concerns.
I also verify that I am not under the influence of any drugs or alcohol of any kind, nor do I have them in my possession, and I the EQUIPMENT.
I shall obey all city, province and federal boating regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personal, while using the rented equipment from THE RELEASEES. I am responsible for any citation or ticket during the use and renting of any equipment from the RELEASEES.
I accept that I shall return all EQUIPMENT and PFDs in the condition in which it was received. I shall bear all risk and responsibilities for all damage, loss or theft of the EQUIPMENT or any portions of vandalism or theft and shall pay THE RELEASEES the full cost of repair or replacement.
I understand that I will be charged a minimum of $25 if I return the EQUIPMENT any time after closing and that this amount will increase based on return time regardless of conditions. I understand that if I exceed my reserved rental time and inconvenience other customers, I will be charged a rate double that of the regular rental rate of time exceeded.
I understand that if I request a pickup or to have my rental towed back to the RELEASEES and IF THE RELEASEES can accommodate such request, there will be a $50 fee per item towed payable upon return to THE RELEASEES premises.
This Agreement and any rights, duties, and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
I CONFIRM THAT I AM OF SUFFICIENT AGE (19 YEARS+) AND IN MENTAL CAPACITY TO SIGN THIS DOCUMENT. I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS 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.