Ottawa Boat Rentals Driver Release Waiver and Boat Rental Agreement

Vesdo Technologies Inc. operating under the trade name Ottawa Boat Rentals agrees to rent the following boat (the “Boat”) to Renter, upon the condition that Renter agrees to all terms and conditions set forth below, including the release of claims, and evidences that agreement with his/her signature in the space provided.

All drivers and passengers must complete and sign the rental contract/waiver form. Guardians must sign on behalf of minors. Waiver forms are available online and can be signed on a mobile device or computer. Paper copies are available at pickup. Boats will not be released until the rental agreement and waiver has been signed.

General Key Practices (COM 3.3.2 Safe Boating Practices):

• Maintain Proper Lookout
  Renters must remain vigilant at all times while operating the boat, maintaining a proper lookout for other vessels, swimmers, and potential hazards.
  Adhere to local waterway right-of-way rules to avoid collisions or unsafe situations.

• Observe Speed Limits
  Follow all posted speed limits, including those in no-wake zones, to ensure safe operation and reduce environmental impact.
  Reduce speed in congested areas, near docks, and when approaching other vessels.

• Maintain Safe Distances
  Always keep a safe distance from other boats, swimmers, stationary objects, and shorelines to prevent accidents or damage.
  Avoid high-speed maneuvers near other waterway users.

• Exercise Caution in Congested Areas
  Slow down and operate with heightened awareness in busy areas, including marinas, docks, and popular recreational zones.
  Use sound signals or other communication devices as necessary to indicate intent.

• Avoid Distractions
  It is prohibited to use mobile devices, consume alcohol, or engage in other activities that may impair focus or judgment while operating the boat.
  The operator must dedicate their full attention to navigation and safety at all times.

• Environmental Awareness
  Be mindful of marine life and avoid creating excessive wakes that may disturb habitats or other water users.Properly dispose of trash and ensure no pollutants enter the water during operation.

It is strongly recommended that renters read the Transport Canada Safe Boating Guide, which provides additional details and important safety considerations beyond those outlined here. Renters are responsible for adhering to these safe boating practices throughout the rental period. Non-compliance may result in immediate termination of the rental agreement without refund and may include legal action.

The renter acknowledges and agrees to adhere to all policies and procedures in the Ottawa Boat Rentals Company Operations Manual (COM) outlined below:

1. Safety Policies (COM Section 1.2):

• Customers are responsible for following safety instructions, using provided Transport Canada approved safety equipment, and reporting any safety concerns (Section 1.2.2 (2)).

• Customers are required to wear Transport Canada approved life jackets at all times while in the vicinity of, or on any body of water, lake, river, or stream (Section 1.2.3). Each boat rental includes a safety kit. Life jackets are available on a first-come, first-serve basis for various sizes. Additional life jackets must be provided by the renter.

• Renters/customers and their passengers are prohibited from consuming cannabis or THC in any form, consuming alcohol, or using drugs prior to operating or while operating a rental boat even when it is stationary or docked. If staff suspect a renter or passenger is impaired, the rental will be canceled immediately without refund. Renters are responsible for disclosing any recent consumption of substances that could impair their ability to safely operate the boat.  Customers may face criminal charges for operating or being in care and control of a boat while impaired. These charges include significant fines, license suspension, and/or imprisonment under the Criminal Code of Canada. Any damages to the boat or property caused while under the influence of alcohol or drugs will be the sole financial responsibility of the renter involved (Section 1.2.4).

• Boats must not be operated in restricted areas or during adverse weather conditions Renters should have basic knowledge of local weather patterns and potential signs of severe weather. It is prudent and encouraged to monitor local forecasts before and during their rental period to stay aware of any potential changes in conditions. (COM 3.3.6 & Appendix 1.3C Weather Criteria for Boat Rentals).

2. Licensing Requirements (COM Section 3.1.5):

• Canadian customers must have a valid Pleasure Craft Operator Card to rent a pontoon, fishing, bowrider or any electric or gas powered boat from Ottawa Boat Rentals regardless of horsepower and regardless of a regulatory requirement to do so. 
• American customers must provide written proof of boating competency from their home state. Alternatively, they may take the Canadian boat license test to obtain a Canadian Pleasure Craft Operator Card.

3. Operational Limitations (COM Section 3.3.1):

• Maximum passenger and weight capacities must not be exceeded. Specific limitations are detailed in the Boat Information Sheet provided during the safety briefing and customer orientation. Renters must familiarize themselves with these restrictions before operation.
• Renters must comply with posted speed limits especially in no-wake zones and congested areas.

4. Prohibited Activities (COM Section 3.3.4 & COM Section 3.3.5):

• Recreational towing, including tubing, water skiing, or wakeboarding, is strictly prohibited (Section 3.3.4). Renters found engaging in prohibited towing activities will have their rental agreement terminated immediately without refund.
• Operation at night (thirty (30) minutes after sunset to thirty (30) minutes before sunrise) is strictly prohibited (Section 3.3.5).

5. Fueling Responsibilities (COM Section 3.6.1):

• Fueling is the sole responsibility of the renter for the duration of the rental period. All rentals are released with a full tank and must return fully fueled to avoid penalties. Renters are responsible for ensuring that the correct fuel type is used for their rental boat, as specified on the boat information sheet (Appendix 1.3E) and on the fuel card (Appendix 1.3J) located in each boat. All fueling must be performed safely and in compliance with Ottawa Boat Rentals’ guidelines to prevent damage to the boat and minimize environmental impact. Staff are available to provide guidance on proper fueling practices upon request. Each boat is equipped with a fueling card that details the type of fuel to be used.
• Fuel Type Requirements:
  4-Stroke Engines: Straight gasoline only.
  2-Stroke Oil-Injected Engines: Straight gasoline only.
  2-Stroke Non-Oil-Injected Engines: Premixed gasoline and oil, in the specified ratio outlined on the Fueling Card.
• Fueling Card:
  Each boat is equipped with a Fueling Card detailing the correct fuel type and mixing ratio (if applicable). Renters must refer to this card before refueling.
  Failure to follow the specified fuel type may result in engine damage and additional charges.
• Prohibited Fuels:
  Do not use ethanol-blended gasoline above the recommended level.
  Diesel, aviation fuel, or any unapproved fuel type is strictly prohibited.

6. Return Policy (COM Section 3.4.1):

• Boats must be returned clean and in the same condition as rented. Any damages or abnormal cleanliness issues will result in additional fees.

7. Cancellation and Late Return Policy (COM Section 2.2.4 & COM Section 3.4.4):

• Cancellations must be made at least 48 hours before the scheduled rental for a full refund. Cancellations within 48 hours will incur a 50% fee. No refund will be issued for no-shows or failure to cancel. Exceptions for emergencies or unforeseen operational circumstances may apply at Ottawa Boat Rentals' discretion.
• Boats must be returned to the pickup location or made ready for pickup if the optional pickup service is requested, and the rental concluded by the agreed upon specified return time. A late return will incur a fee of $40 per half hour, which will be charged to the renter or deducted from the security deposit. Exceptions to late fees may apply in cases of verified emergencies or delays caused by Ottawa Boat Rentals. Renters must notify Ottawa Boat Rentals as soon as possible in case of delays to avoid penalties. Non-compliance may affect future rental eligibility.

8.  Delivery and Pickup Services:

• Delivery and pickup services are available at an additional charge of $1.20 per km each way from our boat storage facility to the approved lake of the renter’s choice, subject to availability.
• If the delivery service is requested, the round trip fee will be calculated and added to the rental charge regardless of whether or not the round trip was used. Meaning, if the boat was delivered but the renter elected to tow the boat back themselves, there would be no change in delivery price.

For example, if the lake is 50km from the storage facility, the charge will be $1.20/km for the delivery and $1.20/km for the pickup. The total would be 50km + 50km = 100km round trip. 100km x $1.20 = $120.00. The total charge for this hypothetical trip is $120.00. Actual distances will be used at the time of rental and calculated for billing purposes at the above rate of $1.20/km.

9. Fishing Guidelines (COM 3.3.3 Fishing):
Below are the guidelines for fishing activities that protect the boat from damage, ensure compliance with local regulations, and maintain environmental stewardship.

• Proper Cleanup
  Renters must clean up bait, hooks, fishing lines, and any other equipment to prevent littering or damage to the boat. Dispose of all waste responsibly.
• Fish Storage
  Ensure all fish storage containers, such as coolers, are secured and leak-proof to avoid spills or contamination on the boat.
• Licensing and Regulations
  Renters are responsible for obtaining and carrying any required fishing licenses and ensuring their own compliance with local regulation.
• Prohibited Activities
  Activities that risk damaging the boat are strictly prohibited. This includes attaching devices to the boat, or making modifications such as drilling or fastening hardware.

1.  Inspection and Reporting:

• I will inspect the boat prior to use and report any damages or deficiencies to staff before taking possession of the boat.
• I shall return the Boat to the designated agreed upon area, free of garbage and debris, and in the same condition as it was received, with exception to mild wear and tear. 
• I will notify Ottawa Boat Rentals immediately of any damage, malfunction, or incident during the rental period.
• I am responsible for retrieval and/or replacement of watercraft if damaged. 
• I shall be responsible for any items not returned with the boat due to loss or theft. In the event the entire boat is stolen, I am liable for the full replacement value of the boat.

2. Compliance with Regulations:

• I agree to follow all federal, provincial, and local boating regulations, including those outlined in the Transport Canada Safe Boating Guide.

3. Safety Briefing:

• I confirm that I have received a comprehensive safety briefing and understand all emergency procedures, including the proper use of safety equipment.

• A security deposit of $2,000 per boat is required via cash or a valid credit card at the time of rental. Deductions may be taken for damages, missing equipment, or fuel discrepancies. 
• The renter accepts full financial responsibility for any damages to or loss of the boat, its equipment, or third-party property caused during the rental period exceeding the deposit amount.
• A cleaning fee will be charged if the boat is not returned clean. Fuel costs will be assessed if the boat is not refueled as required.
• Cancellations and late returns are subject to the Cancellation and Late Return Policy above.
• Our rental hours are from 8:00 AM to 6:00 PM daily. Special arrangements outside these hours may be made based on availability.
  The credit card holder must be present during the rental.

DEFINITION

In this release Agreement, the term “Boating” shall include all activities or services provided, arranged, organized, conducted, or authorized by the Releasees in any way related to Boating including but not limited to, rental of boat and/or other equipment, orientation and instruction sessions, transportation to and from the lake or river where boat will be used, loading and unloading of vehicles and boats at any time, all activities involved with launching boat into the water and loading boat onto trailer and removing boat out of the water, boarding and disembarking of boats while in water or on trailer, and all other activities while on, around or in the water.

1. ASSUMPTION OF RISK

I acknowledge and agree that boating involves many risks, dangers, and hazards, both inherent and preventable. These include, but are not limited to:

1.1 Inherent Risks: Accidents during transportation to and from boating areas; collisions with natural objects (rocks, trees, logs, deadfall), other boats, equipment, or stationary objects; capsize or swamping; and encounters with wildlife or aquatic life.

1.2 Environmental Risks: Changing and inclement weather conditions, such as storms, high winds, high waves, lightning, and reduced visibility.

1.3 Operational Risks: Failure of equipment or safety devices; failure to operate equipment safely or within one’s own ability; physical exertion leading to exhaustion or injury.

1.4 Negligence: Risks arising from my own negligence, the negligence of other participants or third parties, or the NEGLIGENCE OF OTTAWA BOAT RENTALS (VESDO TECHNOLOGIES INC.), ITS DIRECTORS, EMPLOYEES, AND AGENTS (“RELEASEES”).

1.5 Acknowledgment of Risks: I voluntarily accept and assume all risks associated with boating, including, but not limited to, personal injury, death, or property damage, whether arising from inherent risks, environmental risks, operational risks, or negligence.

2. RELEASE OF LIABILITY

In consideration of being permitted to use the equipment, services, and facilities provided by Ottawa Boat Rentals:

2.1 Waiver of Claims: I RELEASE, DISCHARGE, AND HOLD HARMLESS the RELEASEES from any and all liability, claims, demands, or causes of action that may arise from injuries, damages, or losses, including those caused by:

• My own negligence or misuse of the boat and related equipment.
• The negligence or misconduct of other boaters or third parties.
• The NEGLIGENCE OF THE RELEASEES, including any failure to safeguard or protect me from the risks, dangers, and hazards of boating.

2.2 Scope of Release: This release applies to all claims, including but not limited to those arising out of:

• Personal injury, including bodily harm, illness, or death.
• Property damage or theft.
• Losses incurred during or after the activity.

2.3 Binding Effect: This release is binding upon me, my heirs, executors, administrators, assigns, and representatives.

3. INDEMNIFICATION AGREEMENT

3.1 Indemnification: I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the RELEASEES from any and all claims, losses, damages, or expenses (including legal fees) arising out of:

• My use or misuse of the boat or equipment.
• My negligence, recklessness, or willful misconduct.
• Any claims brought by third parties as a result of my actions during the activity.

3.2 Responsibility for Costs: I agree to assume full responsibility for any costs or damages incurred by the RELEASEES due to my actions, including legal expenses, repair/replacement costs, and compensation for injuries to others.

4. ADDITIONAL PROVISIONS

4.1 Equipment Inspection: I agree to inspect all equipment provided before use and report any deficiencies or unsafe conditions. My use of the equipment signifies my acceptance of its condition.

4.2 Compliance with Rules: I agree to follow all rules, regulations, and instructions provided by Ottawa Boat Rentals and its representatives. Failure to comply may result in immediate termination of my rental without refund.

4.3 Insurance: I acknowledge that Ottawa Boat Rentals maintains liability insurance for its operations. However, personal accident or property insurance is not provided. Renters are solely responsible for obtaining any additional insurance coverage they deem necessary for their protection.

4.4 Severability: If any provision of this agreement is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

4.5 Jurisdiction and Governing Law: This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Any legal action arising under this agreement shall be brought exclusively in the courts of Ontario.

5. ACKNOWLEDGEMENT AND AGREEMENT

I HAVE READ AND UNDERSTOOD THIS AGREEMENT. I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES. I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT ANY INDUCEMENT.