SUP & Kayak Rentals

Terms of Service Rental Agreement Waiver

In consideration of the covenants and promises contained in this Agreement, the undersigned Lessee agrees to lease the Equipment from the Lessor on the following terms and conditions:

Definition of Equipment The term “Equipment” used throughout this Agreement shall refer to the Boat, Personal Watercraft, Life Jackets, Anchor, Bailer, Paddles, Mooring Lines and all Other Equipment specified herein.

Condition of Equipment The Lessee acknowledges that the Equipment was received in good condition and repair except as noted below under the heading “Special Instructions,” and is suitable for the purpose for which it is leased. The Lessee agrees to return the Equipment to the Lessor in the same condition in which it was received by the Lessee upon signing this Agreement, ordinary wear and tear excepted. The Lessee agrees to pay all costs and expenses for repairs and servicing of the Equipment required as a result of the Lessee’s use, operation or possession of the Equipment. The Lessor shall be entitled to deduct such expenses from the deposit provided by the Lessee upon signing this Agreement (but the Deposit shall not operate as a cap on the liability of the Lessee). The Lessor agrees to provide the Equipment to the Lessor with a full tank of fuel. The Lessee agrees to return the Equipment to the Lessor with a full tank of fuel and in default, to pay the Lessor its costs of filling the fuel tanks at the termination of this Lease, which costs the Lessor may deduct from the deposit provided upon signing this Agreement.

Payment of Rental Fee and Charges The Lessee agrees to pay the rental fee and all other charges and amounts provided for in this Agreement to the Lessor by cash, cheque, credit card or on credit terms that are acceptable to the Lessee.

Time of Return The Lessee agrees to return the Equipment to the Lessor on or before the time specified in this Agreement. The Lessor shall be entitled to charge the Lessee for an additional day at its regular daily rental rates for failure to return the Equipment on or before the time provided for in this Agreement. Additionally, the Lessor shall be entitled to payment of its regular daily rental rate for each day that the Lessee fails to return the Equipment.

Operation of Equipment The Lessee represents and warrants that he/she is knowledgeable with respect to the rules, regulations and procedures that are applicable to the operation of the Equipment, and is competent to operate the Equipment as required by the applicable statutes, regulations and standards. The Lessee will operate the equipment in accordance and in compliance with all relevant federal and provincial statutes and regulations,
including but not limited to the Canada Shipping Act, S.C. 2001, c. 26 and the Criminal Code of Canada, R.S.C. 1985, c. C-46. The Lessee will pay any and all fines or sanctions levied or imposed in connection with the Lessee’s use, operation or possession of the Equipment, and will indemnify the Lessor in respect of any fines, sanctions or levies required to be paid by the Lessor as a result of the Lessee’s use, operation or possession of the Equipment. The Lessee covenants and agrees not to permit use of the Equipment by any person other than persons who are: (1) 16 years of age or older and holders of a valid unrestricted driver’s licence;
(2) competent to use the Equipment as required by applicable statutes, rules and regulations; and (3) supervised by the Lessee in the use of the Equipment to ensure adherence to the terms of this Agreement and all applicable statutes, rules and regulations;

Termination of Agreement On the failure of the Lessee to perform any of the covenants and obligations stipulated in this Agreement the Lessor may, at its option, immediately require the Lessee to surrender possession of the Equipment to the Lessor. Notwithstanding
such surrender of possession, the Lessor shall be entitled to all rental fees and other amounts owing by the Lesssee under this Agreement.

Waiver of Liability The Lessee hereby agrees to indemnify and hold the Lessor harmless from and against any and all claims for personal injury to the Lessee or any other person, or damage to any person and/or any person’s property, caused in connection with the Lessee’s use, operation or possession of the Equipment. The Lessee hereby waives any right to commence any action or proceeding against the Lessor, its agents, employees or representatives, for any action, cause of action or claim in any way arising from the Lessee’s use, operation or possession of the Equipment. The Lessee acknowledges and agrees that the Lessor shall not be liable for any loss or damage, whatsoever, arising from (i) the misuse, neglect, or improper operation of the Equipment (ii) any
accident involving the Equipment or (iii) damage to the Equipment or the property of any third party as a consequence of the Lessee’s use of the Equipment.

The Lessee is required to notify the Lessor, as soon as is practicable, of any accident or circumstance giving rise to a claim and to provide the Lessor with particulars of it, and to furnish the Lessor with all information as might reasonably be requested by the Lessor.

No Transfer of Interest All right, title and interest in and to the Equipment remains in the Lessor and nothing in this Agreement shall be taken as transferring any proprietary interest to the Lessee.

Assignment The Lessee shall not be entitled to assign this Lease without the prior written consent of the Lessor.

Entire Agreement This Agreement contains the full and complete provisions of the agreement between the Lessor and the Lessee and there are no other terms, conditions representations or warranties, except as are expressly referred to in this Agreement. This Agreement may only be amended in writing upon consent of the Lessor and Lessee.

Special Instructions

Multiple Lessees This Agreement shall be read with all changes in gender and number as required by the context, and in the case of multiple Lessees, the obligations of the Lessees shall be joint and several.

Exclusion Loss, damage or claim arising out of or having relation to water skiing, aquaplaning, ( )
or any sport in which objects or persons, or both, are towed