Rental Waiver & Release of Liability

TO: PADDLE REVY GEAR LTD., and its directors, officers, employees, agents, representatives, contractors, subcontractors, successors and assigns (all of whom are hereinafter collectively referred to as the “Releasees”).

DEFINITION

The compilation of kayaks, canoes, packrafts, boats, paddle boards, stand-up paddleboards, life jackets, PFDs, paddles and any other items rented from the Releasees will be referred to as “EQUIPMENT”.

The term “Activities” shall include but not be limited to: ocean, freshwater or whitewater canoeing, packrafting, stand-up paddleboarding or kayaking; and all activities, services and use of equipment and facilities either provided, arranged or organized by the Releasees including orientation and instructional sessions or classes, transportation, accommodation, food and beverage, and water supply, and day tours, multi-day camping or overnight stays in the outdoors.

SAFETY ACKNOWLEDGMENT

• I acknowledge that I have been advised to wear a personal floatation device (lifejacket) at all times while in a canoe, kayak, packraft, boat, stand-up paddleboard or any other water vessel.
• I understand when and how to use the EQUIPMENT.
• I 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 am capable of using the EQUIPMENT.

ASSUMPTION OF RISKS

I am aware that participating in the Activities involves many risks, dangers and hazards including but not limited to: slips, trips and falls; falling off EQUIPMENT; changing weather; high wind; lightning; impact or collision with other vessels or objects in the water, other watercraft, rocks, trees, logs, deadfall, docks or shore walls; strain on joints, neck or spine; sudden, violent and unexpected movement of the EQUIPMENT; overturning, upsetting or capsizing of EQUIPMENT; entrapment by trees, logs, or equipment; drowning; hypothermia; miscellaneous health problems related to over-exposure to water, the sun, insect bites, fatigue, stress, dehydration, exertion and lack of fitness; exposure to infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; becoming lost or separated from one’s guide or party; failure to act safely or within one’s ability or stay within designated areas; negligent first aid; negligence of other persons and NEGLIGENCE ON THE PART OF THE RELEASEES.

I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES.

Communication at the locations where the Activities take place is difficult, and in the event of an accident, rescue and medical treatment may not be readily available. PADDLE REVY GEAR LTD. has insurance for its own property, not the renter or anyone who is renting equipment from PADDLE REVY GEAR LTD.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of being permitted to participate in the Activities, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c.337 ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in the Activities;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia.