TO: 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” and Canadian approved Personal Floatation Device : further in this document to be referred to as “PFDs”.
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”.
DEFINITION – 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 VOLUNTARILY 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 VOLUNTARILY. 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 AGREE