The best way to avoid confusion and conflict is to have a thorough Rental Agreement and documentation on the conditions of the rental and the obligations of Lake Country Adventure Co. Inc. and you, the customer.
Rental Agreement Terms and Conditions
Lake Country Adventure Co. is operated by Lake Country Adventure Co. Inc.
- Minimum age of renter is 21 years of age
- A valid driver’s license or passport must be presented at time of reservation and rental
- A valid boater’s license must be presented at time of reservation and rental. If no boater’s license, renter agrees to complete training module.
- Lake Country Adventure Co. Rentals reserves the right to require any renter to complete a quiz and/or supplemental training at its sole discretion.
- Additional operators are allowed provided they have been pre-approved with individual applications and training verifications. Cost per additional operator is $25/rental
- A credit card deposit equal to one day rental is required to confirm reservation. Multiple machines/boats require additional deposit. Balance of reservation must be paid in full 14 days prior to pick up date
- There is a No Refund policy for cancellations less than 14 days. For cancellations greater than 14 days there is a 50% refund and a 50% credit on future rental.
- The renter acknowledges that Lake Country Adventure Co. Rentals will take a damage deposit hold on the renter’s credit card of up to $2000/machine.
- The renter acknowledges that he/she is responsible for all damage or theft to the rented boat or PWC, trailer or equipment however caused.
- The renter will secure boat, trailer or PWC if renting more than one day to prevent theft or damage
- The boat or PWC will not be moved or operated more than 100 miles from Lake Country Adventure Co. Rentals location
- The boat or PWC must be picked up and returned within the business hours of operation
- In the event of a mechanical breakdown that is not the fault of the renter, Lake Country Adventure Co. Rentals will try and provide an alternate boat or PWC. If unable to provide a suitable alternate, Lake Country Adventure Co. Rental will at its discretion refund all or part of the rental fee commensurate with time used but will not be responsible for any other costs associated with the breakdown.
- Lake Country Adventure Co. Rental reserves the right to substitute a PWC or boat at its discretion. Renter should not assume that colour, features, H/P, accessories, or size will be identical to pictures on the web site or in the reservation.
- No refunds for weather related issues, no exceptions
- Gas and oil expenses are not included in the rental fee and are extra.
- Each renter, passenger and parent (if child under 18) must sign the liability waiver form prior to renting.
- Each boat or PWC will be inspected at the beginning and completion of each rental for damage and mechanical condition.
- Renter must observe all speed limit and no wake signs
- Renter and all operators must not be under the influence of any drug or alcohol while operating the PWC or boat.
- Renter shall not beach the PWC or boat as it can cause serious damage to the jet drive or shoot small stones and objects at people behind.
- Renter must have at least one cell phone in party in waterproof case for emergencies
- Renters acknowledge that they understand that their behaviour and actions while in command of a vessel is subject to provisions of various Provincial and Federal laws including criminal charges pertaining to the safe operation of a vessel. Attached is a summary of some but not all of these regulations. Careless operation, Dangerous operation and various alcohol related charges apply to operation of a boat or vessel. Drinking alcohol out of residence is not allowed and subject to a Provincial Offences charge. None of the boats or PWC rented by Lake Country Adventure Co. Rentals qualifies as a residence for alcohol consumption purposes.
- Operators approved in the rental contract only may operate the boat or PWC.
- A lifejacket or approved flotation device must be available for each person on board the boat or PWC.
- Mandatory Safety equipment is provided for each PWC or boat. Do not remove these items from the vessel.
- The operator of the vessel must have either a Pleasure Craft Operator Card or a copy of their rental agreement on their person and must produce same if requested by a Police Officer.
Boating can be a dangerous activity and operators, passengers and other boaters and swimmers can be injured by your negligence and the negligence of others.
As much as boating can be a pleasurable experience the operators must be aware of the potential for damage and injury to themselves and others due to weather, wake, sun, collisions, poor balance, not seated properly, standing in boat, collisions with ducks and objects in the water.
The following waiver and release of liability should be reviewed carefully before renting boating equipment.
WAIVER AND RELEASE OF LIABILITY
PLEASE READ CAREFULLY
There are many risks and dangers associated with boating and activities around and in the water. There are risks of collisions, falls, injuries to spine, arms and legs, pinching, sunburn, drowning and death (to name a few but there are many others) that can arise from negligence of others, your own negligence, weather conditions and acts of God, water conditions, and your own experience and abilities.
For your own safety and the safety of your family, friends and guests who may be participating in the activities it is important that you understand the risks and be able to explain important safety procedures to everyone in your party.
Boating is a very pleasurable past time and a competent, informed, sober, safety minded operator can reduce risks significantly.
ACKNOWLEGEMENT OF RISKS
i/We acknowledge that the following list of hazards describes some but not all potential hazards or injuries while boating.
- Changing water currents, wave action, boat wake, water depth
- Collisions with other boats and watercraft, docks, manmade objects, natural objects such as rocks and logs
- Weather changes such as high wind, lightning, rain or other precipitation
- My own condition such as balance, physical coordination, ability to operate equipment and swimming ability, tiredness, disability and experience
- Collisions leading to capsizing, hypothermia, drowning, injury or exposure.
- Falling in or out of boat or watercraft into water or onto docks or other boats
- Motion sickness from wave action or boat motion
- Regular pounding of watercraft from waves leading to potential strain on joints or spine
- Attacks from marine wildlife such as snapping turtles
- Equipment failure or operator error
- Heat or sun related injuries such as sunburn, dehydration and/or sunstroke
- Injury from ropes and fishing equipment
- Many situations can develop on the water that can result in injury or death that can be exaggerate if the operator is impaired by drugs, alcohol, prescription drugs, fatigue or other illness
ASSUMPTION OF RISK AND RESPONSIBILITY
I/We agree to assume responsibility for all risks including those that are listed and that are not listed or identified. My participation in the boat, PWC or watercraft rental is purely voluntary with no-one forcing me/us to participate. I/We understand written English at a level that I/We understand this document. We understand English verbally and can understand instructions or direction from staff and training videos/instruction. I/We are not under the influence of any drug or alcohol when signing this document. I do not have any physical or mental disability that could impair my ability to operate the watercraft or that will cause further injury. Therefore I/We elect to participate in the rental use in spite of the risks.
I/We assume the risks of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles, ligaments, tendons, fractured bones or ribs, eye damage, tooth damage, burns, cuts, scrapes, bruising, paralysis or death.
I/We understand and agree that at the total discretion of Lake Country Adventure Rentals, the rental agreement can be terminated when and if there is a question of competency or negligence by the renter.
I acknowledge that any film, video or images of me/us while operating the rental watercraft may be used in the promotion of the business on social media or other media.
In consideration of services provided by Lake Country Adventure Rental, I/We, for myself/ourselves and any minor children for which I am a parent or guardian, or otherwise responsible, and any representative, heir, or assigns agree that ______________________________ carrying on business as Lake Country Adventure Rental, its principals, directors, officers, employees, volunteers, their insurers, and each shall have no liability of any nature for any and all injuries or death, and/or damage to me or other persons or properties as a result of any acts or omissions or negligence of the owner or any other person including myself, and I/We hereby release and discharge owner and insurer, if any, for any such damage or injuries.
We want your adventure to be fun and memorable. Before trailering your watercraft away or before you take control on the water we will review the following checklist with you.
Boating Safety & Operational Checklist
- When operating a watercraft and you see other boaters or swimmers in distress it is your duty to come to their assistance.
- When in an accident on the water or collision with another boater you must stop, offer assistance and provide your identification.
- I understand that the wake, wash (turbulent water) at the rear of the boat from the propeller can cause harm to people, other watercraft and shorelines. When in confined waterways I will slow to reduce wake and its impact.
- I understand that larger boats, less maneuverable boats/sailboats, non-motorized boats or canoes or kayaks all of the right of way over powered smaller boats.
- I understand that every person on board must have an approved lifejacket and should wear it for their own safety and to avoid tickets.
- I understand that there is a limit or a capacity limit to the number of passengers and weight in the boat and I will not overload it. I will review the manufacturer’s capacity rating and abide by it. I will also distribute the load of the boat evenly so as not to distort the design of the boat.
- I understand that only authorized persons are allowed to operate the watercraft and who have completed this checklist and who are noted on the rental agreement.
- I understand that no-one can operate the watercraft under the influence of any alcohol or drug or other impairment.
- I have been shown the location and use of the safety equipment on board and will return all such equipment at the completion of its use
- I understand that I will always take great care when starting the boat to make sure there are no swimmers or occupants in front or in rear of boat or watercraft. Serious injuries are possible
- I have been shown and understand the location of the throttle and gear shift lever.
- I understand that I should vent the engine compartment before starting the watercraft to avoid an explosion of fumes/vapors
- I understand how to shut off and kill the engine if required
- I understand that steering a PWC is only possible with propulsion and with the engine off I will have no steering control. I will always be tethered to the kill switch while operating the PWC
- When docking I understand that I should approach at a very low speed and at angle to the dock of less than 45 degrees. Passenger hands and feet should be inside the boat when docking.
- Grounding a PWC or boat can have serious consequences to the mechanical condition of the engine and to the safety of the occupants. A PWC should have the engine off in water less than 18” deep. When in marked channels I will obey the navigational aids and when close to shorelines I will be very aware of depth changes and potential for prop damage.
- I understand that as an operator of a watercraft it takes 100% of my attention and I will be vigilant for objects in water, people, passengers, other boats and changing weather conditions. In the event of a change in weather I will make way for the safest location close to shoreline if there isn’t time to return to port.
- I understand that operation of a vessel or watercraft including a PWC is subject to Federal and Provincial offences and it is the responsibility of the operator to operate the vessel safely with consideration to all other boaters and property owners and to be knowledgeable about the safe operation and the environment or location where they are boating
- I understand that I must keep a signed original of this document and the rental agreement with me at all times while operating the rental
Lake Country Adventure Co. Rentals is operated by Lake Country Adventure Co. Inc.
WAIVER AND RELEASE OF LIABILITY AGREEMENT
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment
provided by Lake Country Adventure Co. Rentals *(For purposes of this Waiver and Release, the term Lake Country Adventure Co. Rentals includes all employees, agents, representatives, servants, assigns, successors, insurers
and subsidiaries of Lake Country Adventure Co. Rentals). If any other rental agreement is used in addition to, our in
conjunction with, this Release, the provisions of this Release shall prevail over any other clauses in the
rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also
signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose
to Lake Country Adventure Co. Rentals all potential operators, passengers, and users of said rental equipment.
Renter further agrees that in the event that he/she fails to notify Lake Country Adventure Co. Rentals of all potential
operators, passengers, or users of said equipment, he/she will be personally liable for any damages to
the undisclosed individuals. Initials:___________
- EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by
Lake Country Adventure Co. Rentals at his/her own risk. The undersigned agrees that he/she is voluntarily
participating in all activities related to the rental, operation, or use of the rental equipment, and
assumes all risk of injury, illness, damage or loss that might result. Initials:__________
III. WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned agrees that Lake Country Adventure Co. Rentals shall not be liable
for any damages arising from personal injuries sustained by the undersigned or any minor children
under the undersigned’s custody, care, and control, as a result of any and all activities related to the
rental, operation, or use of equipment provided by Lake Country Adventure Co. Rentals. The undersigned assumes
full responsibility for any such injuries or damages which may occur, and further agrees that Lake Country Adventure Co. Rentals shall not be liable for any loss or theft of personal property. The undersigned specifically
agrees that Lake Country Adventure Co. Rentals shall not be responsible for such injuries, damages, loss or
- LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless Lake Country Adventure Co. Rentals
for all personal injuries, property damages, or any other damages to any and all third parties, including,
but not limited to, operators and passengers of other watercraft and minor children under the
undersigned’s custody, care, and control, as a result of any and all activities related to the rental,
operation, or use of equipment provided by Lake Country Adventure Co. Rentals Initials:___________
- ACKNOWLEDGMENT OF WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask
any questions associated with said Release. The undersigned further states that he/she has carefully
read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as
his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or
use equipment from another rental facility, but has chosen to rent, operate, or use equipment from
Lake Country Adventure Co. Rentals with the knowledge that signing this Release is a requirement for rental,
operation, and use of said equipment. The undersigned further warrants that he/she is fully aware that
he/she is waiving any right he/she may have to bring a legal action to assert a claim against
Lake Country Adventure Co. Rentals for negligence. Initials:______________
***READ RELEASE BEFORE SIGNING***