ASSUMPTION OF RISK
I intend to rent a boat from the Company (the “Vessel”). I understand and accept that by entering into this rental agreement I am assuming responsibility for any damage that may be sustained by myself or my guests, or to my property, as a result of these risks, dangers and hazards, whether caused by the fault or negligence of the Company or other vessels or their operators or any other person.
I am aware that there are many risks, dangers and hazards associated with the use and operation of boats and related equipment, including fishing gear and other recreational equipment. I understand that hazards may include, but are by no means exclusive to: wet, icy or otherwise slippery dock conditions; failure or malfunction of engines, hull or equipment; fire; theft; sinking; capsize; other vessels (including collision with same) and the wake they may create; and changing weather and marine conditions such as tides, currents, waves, rocks, floating debris, and submerged hazards. I assume and accept all risks, dangers and hazards connected to my use of the Company’s facilities and to my use and operation of the Vessel.
QUALIFICATION & SAFE OPERATION
I have examined the Vessel and its equipment and find it to be suitable and acceptable for the purpose for which I am renting it. I hereby declare that I am experienced and capable in all aspects of the handling and operation of a vessel similar to the Vessel I am renting from the Company. I agree to observe safe boating practices at all times, and to govern myself at all times in accordance with the rules and principles I learned as a pre-condition to obtaining my Pleasure Craft Operator Card, as applicable. I agree to observe all caution signs and other notices posted in the Vessel, at the facilities of the Company and at any location I visit with the Vessel. I will not use the Vessel, nor permit the Vessel to be used:
· for any unlawful purpose;
· in any careless or negligent manner;
· under the influence of alcohol, narcotics, cannabis or other drugs;
· by any person who is not a renter of the Vessel; and/or
· in any manner otherwise prohibited by this agreement.
FINES AND IMPOUNDING
I understand and agree that I am responsible for any fines assessed by Transport Canada, the Coast Guard, or any other authority. I further agree that, should the Vessel be impounded or seized by Transport Canada, the Coast Guard or any other authority for any reason related to my use of the Vessel, I will be responsible for paying the full-day rental fee for any day or portion thereof that the Vessel remains impounded, seized, or otherwise unavailable for rental to others, plus a $500 administration fee. I agree that I will also be responsible for paying any and all costs that the Company may incur in obtaining the Vessel after such seizure, including staff time and transportation costs.
I have received a chart briefing from the Company. I have familiarized myself with the charted boundaries provided by the Company. I have familiarized myself with the allowable cruising area as explained in the chart briefing. I am aware of the marine boundary between Canada and the United States and understand that it is illegal and prohibited to enter the United States at any time. I am aware of private lands and the boundaries thereof, and will not trespass on any such property.
OTHER PERSONS ON VESSEL
I understand and agree that I must ensure that no person boards the Vessel unless that person has been identified to the Company and has signed a copy of the Conditions of Use, Release and Indemnity Agreement and that, in any event, no more than a total of either: (a) four people are allowed on a 16 foot Vessel; or (b) six people are allowed on a 19 foot Vessel, at any given time. If any person boarding the Vessel is under the age of 18 years I understand that the Conditions of Use, Release and Indemnity Agreement must be signed by their parent or guardian. I also understand and agree that I shall indemnify and hold harmless the Company from and against any and all claims made against the Company by any person I allow to board the Vessel, including persons under the age of 18, and including claims of negligence on the part of the Company.
I agree to ensure that the Vessel is not used for any towing activities, including waterskiing, wakeboarding and tubing.
NIGHT TIME OPERATION
I understand that operation of the Vessel between dusk and dawn is strictly prohibited.
MALFUNCTION OR ACCIDENT
I agree to immediately report to the Company any accident, malfunction or breakdown of the Vessel. I understand that continued use of the Vessel after such an event will be entirely at my own risk and I assume all responsibility for such risk. I agree and understand that I will not hold the Company liable for any damages, inconvenience or lost time caused by the malfunction or accident of the Vessel.
I understand that the Damage Deposit of $500.00 is required in order to rent a vessel from the Company. I understand that the Damage Deposit will be held by the Company in the form of a VISA, MasterCard, Debit or Cash payment, and that this deposit will be retained by the Company if I fail to return the Vessel and its equipment in the same condition as it was in at the start of the rental, excluding ordinary wear and tear.
I understand and agree that all directors, officers, agents, representatives and/or employees of the Company are included in the term “Company” and “Victoria Boat Rentals” in this Agreement.
WAIVER, INDEMNIFICATION AND RELEASE
I hereby waive any and all claims that I might have against the Company. I release the Company from any and all liability for loss, damage, injury, loss of life, or expense that I may suffer or incur as a result of my use of the Vessel or of the Company’s facilities due to any cause whatsoever. I understand and agree that this includes negligence on the part of the Company.
I hereby agree to indemnify and hold harmless the Company from any and all liability for property damage, personal injury or death suffered by me, and/or any occupant of the Vessel, and/or any other third party, resulting from use or operation of the Vessel or from use of the Company’s facilities or from a breach of this agreement, by me or any other occupant of the Vessel, regardless of whether or not such property damage, personal injury or death may have been contributed to in whole or part by negligence on the part of the Company. I understand and agree that the clauses in this agreement releasing and indemnifying the Company shall be binding upon my heirs, personal representatives, executors and administrators in the event of my death or incapacity.
I hereby agree that I will be responsible for all costs incurred by the Company in enforcing this agreement, including legal fees.
I agree that all parts of this agreement are to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each section of it. Should any part of this agreement be deemed illegal or not enforceable, that part or those parts will be considered separate and severable from this agreement and the remaining parts of this agreement will remain in force and be binding upon me as though the illegal or unenforceable provisions had never been included.
I agree that this agreement will be governed by and construed in accordance with the laws in force in the province of British Columbia. The venue of any proceedings undertaken in respect of or under this agreement shall be Victoria, British Columbia, and I will consent to any application by the Company to change the venue of any proceedings undertaken elsewhere to Victoria, British Columbia.