Waiver of Liability - Boating
C.W. Royalty Group Inc. | 534 Lake Drive South, Keswick, ON L4P 1S4
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS’ LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
To: C.W. Royalty Group Inc., and its subsidiary, directors, officers, employees, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, and assigns (hereinafter collectively referred to as the “Releases”)
In this agreement, the term “Watercraft Activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releases and shall include, but not limited to use and attendance on all of C.W. Royalty Group Inc’s docks, marinas, and premises owned, leased, and/ or occupied by it, including but not limited Lake Simcoe.
SECTION 1: ACKNOWLEDGEMENT OF RISKS – PLEASE READ CAREFULLY!
I am aware that the Watercraft Activities involve many risks, dangers and hazards including but not limited to: capsizing, changing weather conditions, personal injury & death, psychological injury, encounters with wildlife, malfunctions of Watercrafts, collisions , becoming lost from the Releases and or other participants; failing to take care in preparing the Watercraft Activities and all NEGLIGENCE ON THE PART OF THE RELEASEES, and RISKS RESULTING FROM THE NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY DUTY OF CARE 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. I am also aware that these risks, dangers and hazards referred to above exist on terrain and water that may be uncontrolled, unmarked and not inspected.
SAFETY. I acknowledge that I am required to wear life jacket and other safety equipment while participating in all Watercraft Activities. I am aware that there are guides or instructors available to answer any questions that I may have as to the proper use of any of the Release's equipment. I am aware that the physical exertion required of the Watercraft Activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions or congenital defects.
ALCOHOL AND ILLEGAL SUBSTANCES. I acknowledge that use and/or consumption of alcohol and/or legal or illegal drugs IS PROHIBITED ON THE WATERCRAFTS OR WHILE ENGAGING IN THE WATERCRAFT ACTIVITES. If I consume or am under the influence of alcohol and/or legal or illegal drugs prior to or while engaging in the Watercraft Activities or while on the Facilities, as defined below, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY THE RELEASEES, I ASSUME AND ACCEPT ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM AND WILL INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY DAMAGE TO PROPERTY OR PERSONAL INJURY TO ANY THIRD PARTY, RESULTING FROM MY PRESENCE ON THE FACILITIES AND/OR ENGAGEMENT IN THE WATERCRAFT ACTIVITIES, WHILE, DURING OR AFTER CONSUMPTION OF ALCOHOL AND/OR LEGAL OR ILLEGAL DRUGS.
SECTION 2: ASSUMPTION OF RISKS – PLEASE READ CAREFULLY!
I FREELY ACCEPT AND FULLY ASSUME ALL THE RISKS, HAZARDS, AND DANGERS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE (AS SET OUT IN SECTION 1) WHILE ENGAGED IN OR AS A RESULT OF MY VOLUNTARY PARTICIPATION IN THE ACTIVITY
SECTION 3: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS – PLEASE READ CAREFULLY!
In consideration of the Releases allowing me to participate in the Watercraft Activities and permitting me the use of the property, docks, marinas, Watercrafts, other structures and equipment, (hereinafter referred to as the “Facilities”) and for good and other valuable consideration, the recipe and sufficiency of which is acknowledged, I hereby agree as follows:
1. I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, that arise or result from in whole or in part, participating in the Activity and, without limitation, claims arising out of or resulting from THE NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY DUTY OF CARE OWED BY THE RELEASEES UNDER THE OCCUPIERS’ LIABILITY ACT ;
2. WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE IN THE FUTURE against the Releases;
3. RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE, AND INJURY AND DEATH, INCLUDING ANY CLAIM FOR CONTRIBUTION AND INDEMNITY, that I may suffer from my participation in the Activity DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT AND ANY DUTY OF CARE OWED TO ME BY THE RELEASEES UNDER THE OCCUPIERS’ LIABILITY ACT. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE; and
4. INDEMNIFY AND HOLD HARMLESS the Releases from any and all liability, including claims for contribution and indemnity, for any damage to property of or personal injury to, any third party, resulting from my, or my family member or next of kins, use of the Releases’ property or participation in the Activity.
5. AGREEMENT BINDING - 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;
6. JURISDICTION - 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 Ontario and no other jurisdiction. Any litigation involving the parties to this Release Agreement shall be brought solely within Ontario, and shall be within the exclusive jurisdiction of the Courts of Ontario; and
7. SEVERABILITY - If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct. In entering into this Release Agreement, I am not relying upon any oral or written representations or statements made by the Releases with respect to the safety of Watercraft activities other than what is set forth in this Agreement.
FOR PARTICIPANTS OF MINORITY AGE, I HEREBY CONSENT THAT I, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT OF MINORITY AGE, DO CONSENT AND AGREE, TO HIS/HER RELEASE OF ALL THE RELEASEES, AND, FOR MYSELF, MY HEIRS ASSIGNS AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO THIS PARTICIPANT OF MINORITY AGE’S PARTICIPATION IN THE ICE HUT ACTIVITIES OR ATTENDANCE AND/OR USE OF THE FACILITIES.
I understand that as the participant who signed this document, I also represent other participants who board the watercraft that I operate. Every participant have read, understood, acknowledged and agrees to the Liability Waiver and Rental Policy.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE BOATING ACTIVITIES. I AND MY PARTICIPATING GROUP OF INDIVIDUALS FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND POLICY. I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, PARTICIPATING INDIVIDUALS IN MY GROUP, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Rental Policy
General
The rental customer listed above will be the only operator of the rented boat/ pleasure craft.
Physical and mechanical damages are the renters responsibility ‐ Damage deposit to be applied
Boating is restricted within Cook’s Bay of Lake Simcoe and away from shoreline.
PWC is restricted to operate within the GEOFENCE.
Non-motorized watercraft such as kayak and paddle boards are restricted to operate within 1 km of the shoreline and in close proximity of CW Marine
We strongly recommend obtaining a Pleasure Craft Operators Card. prior to your rental. http://www.boaterexam.com/
CW Marine reserves the right to switch your boat rental booking due to mechanical or Weather conditions without penalty to the renter
Fines or infractions charged to the renters are their responsibility only
Subject to favorable weather and wind conditions
Fuel charges apply subject to change due to fuel price volatility
Rates/vessels are subject to change without prior notice
Reservations
All reservations must be completed online at cwmarine.ca
Drivers must be 18 years or older for PWC with minimum valid G2 license or equivalent.
All drivers must be 18 years or older for pontoon with minimum valid G2 license or equivalent.
All non-motorized operator must be 18 years older or accompanied by legal guardian who is 18 years and older.
Changes to bookings (extending or upgrading) can be made online at any time prior to starting date, subject to availability.
Departure & Arrival Policy
Hours of Operations are 9:00 AM to 7:30PM ‐ (May 1 to Oct 31)
Check in/pick up ‐ Main office at 534 Lake Dr S, Keswick, ON L4P 1S2
Late Returns $5 / minute, max daily rate applies: Jet Ski: $1200. Pontoon: $800
Rental balance is due on the rental start date and will be charged by credit card
A damage deposit is required for all rental vessels, priced per vessel(s).
- Pontoon: $500
- PWC: $1,000 (Debit or Cash only)
- Standup Paddle Board & Kayak: $ 150
- Tandem Kayak: $300
Renter needs to provide identification and Boating Competency card if applicable.
Management reserves the right to re‐book or cancel due to unsafe weather/wind conditions and incompetency of safely operating rented vessel.
Pricing Terms
All rates are in Canadian Dollars.
Taxes and fuel fees apply in addition to basic rental rates
Drugs and Alcohol
The rental customer has been made aware it is against the law to consume drugs and/or alcohol on the boat, during operation of the boat, or while engaging in any boating activity. The rental customer also represents that neither they or any persons in their party will engage in any boating activity while under the influence of any drug or alcohol.
Safety
All passengers are required to wear a life jacket at all times
Renter must adhere to water regulations and speed limits at all times
Fines or infractions charged to the renters are their responsibility only
The Release’s maintain the right to deny the rental customer the use and rental of any equipment should the rental customer’s fail to meet competency and/or safety requirements related to Boating Activities.
Damages
The rental customer accepts full responsibility for the care of the rental equipment and agrees to pay for any damage to the equipment. The cost for said damages will be charged directly on to the rental customer’s credit card (excluding normal wear and tear) at full retail value.
I, the pleasure craft operator shall
- avoid the beach, sandy, weeds, shallow areas
- follow all signs and speed within the marina
- NOT drink or become intoxicated during the full rental period
- Pay for the following damages if they occur:
- Dents: Min $250
- Propeller: Min $260
- Engine: Min $2500
- Sea-Doo Impeller: Min $500
- Towing: $100/hr
- Cover/Tops: Min $200
- Lower gearcase: $3500
- Excessive cleaning: $120/hr
Note that initial $500 for pontoon and $1000 for Seadoo damage deposit can exceed at any time.
Mechanical Issues ‐ Call CW Marina Tel. (647) 618-7008
Personal Emergency ‐ Dial 911