Rental Equipment Agreement
Waiver and Release of Liability Kayaks, Canoes, Paddle Boards, Paddle Boats and Related Watersports and Camping Equipment
Kayaks, Canoes, Paddle Boards, Paddle Boats and Related Watersports and Camping Equipment Rental Agreement between Lazy Rock RV Park and Campground, 28 Taggart Lake Rd Papineau-Cameron / Mattawa P0H-1V0, herein called, “Lessor,” and the undersigned, herein called, “Renter.” This agreement also constitutes a Waiver and Release of Liability, whereby the Renter agrees to release, discharge, hold harmless, defend and indemnify Lazy Rock RV Park and Campground and its owners, agents, 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 Renter’s use of aforementioned rental Equipment, premises or facilities or Renter’s participation in kayaking or paddle sports activities. By signing this document, Renter acknowledges he/she specifically understands he/she (Renter) is releasing, discharging and waiving any claims or actions that I may have at the present time, or in the future, for the negligent acts, omissions or other conduct by the owners, agents, officers or employees of Lazy Rock RV Park and Campground. By clicking the “Accept Rental Agreement” checkbox within our room service store https://lazyrock.square.site/ you acknowledge acceptance of this agreement. You must check the “Accept Rental Agreement” box or your rental will be declined.
Renter shall obey all provincial, federal and local Boating Regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating or renting boats or equipment from Lazy Rock RV Park and Campground. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using, rental boats or equipment from Lazy Rock RV Park and Campground.
Renter represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition and repair. Renter represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of trip.
Renter shall bear all risk and responsibility of and for any and all damage, loss or theft of the rental boats and/or Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (Lazy Rock RV Park and Campground) the full cost of repair or replacement.
Renter shall return boats and equipment in the condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event rental boats or equipment require repair or excessive cleaning. Renter agrees to use all equipment for its designed purpose only.
RECOGNITION OF RISK: Renter expressly acknowledges that Kayaking, Canoeing Paddle Boarding, Paddle Boating and Related Watersports are activities with inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Renter acknowledges that PFD’s (Lifejackets) are made available and that ALL RENTERS ARE REQUIRED TO WEAR PFD’s/LIFEJACKETS WHILE USING RENTAL BOATS AND EQUIPMENT. Renter understands that use of a PFD does not remove all risks of injury; nor does PFD use make Kayaking, Canoeing Paddle Boarding, Paddle Boating and Related Watersports safe activities. Renter alone has determined the sufficiency of any safety gear or other precautions that Renter decides to take to minimize the risks of the activity. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risks of, the activity. RENTER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
RELEASE OF LIABILITY: Renter hereby RELEASES Lessor (Lazy Rock RV Park and Campground), its owners and its employees from liability for negligence and HOLDS HARMLESS the Lessor, its owner and its employees from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring as a result of the rental or use of aforementioned rental Equipment
This agreement constitutes the entire agreement between Lessor and Renter and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, by Lessor to Renter, except as contained herein, and Lessor shall not be liable for any loss or injury to Renter nor to anyone else, of any kind or however caused. This agreement is one of bailment only and Renter is not Lessor’s agent while using said boat(s) or Equipment. The laws of the province of Ontario Canada shall govern this agreement.
This agreement does not supersede the WAIVER OF LIABILITY.
I expressly agree that this Rental Equipment Agreement is intended to be as broad and inclusive as permitted by the law of the Province of Ontario, and that the invalidity or unenforceability of any term of this Waiver does not affect the validity or enforceability of any other term. Any invalid term will be treated as severed from the remaining terms.
I acknowledge that in contract disputes, any ambiguity within the contract is generally interpreted against the contract drafter. However, with this knowledge, I do hereby agree that any ambiguity within this Waiver is to be interpreted in favour of the Campground.
NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR LOSS OR DAMAGE.
I have read and understand the above. By clicking the “Accept Rental Agreement” checkbox within our room service store https://lazyrock.square.site/ I agree to the terms and conditions as stated.
You may request a paper or electronic copy of this Rental Equipment Agreement by contacting the Office.