RENTAL AGREEMENT

Made as of the day of, 2025. 

ARTICLE 1 

DEFINITIONS 

Section 1.01 – Definitions. 

1.01.1 “7326735 Manitoba Ltd.” is the owner and operator of  Rentals, and is hereinafter referred to as the Corporation.  

1.01.2 “damage deposit” means an amount set out on the appended invoice, which  may be paid in cash or by way of pre-authorized debit from the renter’s credit  card. 

1.01.3 “Equipment” means the equipment available for rental, including but not  limited to any paddle board, paddle boat, kayak, bicycle, inner tube, football,  volleyball, beach ball, beach towel, among other things. 

1.01.4 “User” means any making use of the Equipment or Equipment, as applicable,  other than the Renter. 

1.01.5 “Renter” means the person renting the Equipment. 

1.01.6 “Rental Fees” mean the fees charged by the Corporation stated in the invoice  attached to this Agreement 

ARTICLE 2 

RENT 

Section 2.01 – Subject matter. 

The Renter agrees to rent from the Corporation the Equipment as set out on the appended  invoice, and agrees to abide by all the terms and conditions contained herein.  

Section 2.02 – Rental Rate. 

The Renter agrees to pay the Rental Fees as recorded in the attached invoice (the “Invoice”)  to the Corporation immediately upon execution of this Agreement, unless alternative  arrangements can be made with the Corporation. 

ARTICLE 3 

ACKNOWLEDGMENTS 

Section 3.01 – Good Condition. 

The Renter acknowledges that the Equipment is received by him or her in good condition  and repair and agrees to return the Equipment the same condition in which it was received,  subject to normal wear and tear.  

ARTICLE 4 

PROPER USE 

Section 4.01 – General. 

The Renter agrees to utilize its best efforts in ensuring that any  Equipment that is the subject of this agreement is utilized in a safe  manner. 

Section 4.02 – Minors. 

The Renter acknowledges that no person under the age of 14 years shall make use of the  Equipment unless supervised and accompanied by and at all times within clear view of the  person’s parent or a person who has attained the age of 18 years and authorized by the parent.  The Renter acknowledges that use of the Equipment shall be with the consent of the Renter  and the Renter shall assume all risks pertaining to the use of the Equipment by the User.  

ARTICLE 5 

REPAIR 

Section 5.01 – Equipment. 

In the event that the Equipment is returned in an unacceptable condition, in the sole discretion of the Corporation, the Renter shall be responsible for cleaning, repairing or replacing, the  Equipment as applicable, or to reimburse the Corporation for the cleaning, repairing or  replacing the Equipment, as applicable.  

ARTICLE 6 

LIABILITY 

Section 6.01 – Assumption of Risk. 

The Renter understands and hereby acknowledges and agrees that participation in use of the  Equipment and related activities may involve certain risks and dangers, which risks and  dangers are inherent to the very nature of the activities themselves.  

The Renter freely and voluntarily assumes all the risks and hazards  of the activities and hereby releases the Corporation, its servants  and agents from all risks arising out of or in connection with use of  the Equipment and related activities, in the course of the Renter’s  participation in use of the Equipment and related activities. 

As a condition of the herein Agreement, the Renter shall cause to be executed the appended  Liability Release Form. 

Section 6.02 – Indemnity. 

The Renter shall assume the risk of all liabilities, including, but not limited to, injury and  death to the himself or herself and those he or she permitted to use the Equipment damage  to property, the loss of use of the Equipment arising out of any acts or omissions of the  Renter, including any damage that arises out of the negligence and carelessness of the  Corporation, its directors, officers, agents, and employees. 

The Renter shall save harmless and indemnify the Corporation, its directors, officers, agents  and employees, from and against all claims, liabilities, demands, losses, damages, actions or  proceedings and any legal and other expenses arising out of the above actions. 

This indemnification shall include attorneys’ fees and expenses, unless the Renter defends  against the allegations using counsel reasonably acceptable to the Corporation. 

ARTICLE 7 

RETURN 

Section 7.01 – Return of subject matter.  

The Renter acknowledges and agrees that the Equipment will be returned to the place it was  furnished to the Renter, unless alternative arrangements are made and specified on the appended invoice. The return time of the Equipment is also noted on the appended invoice.  Late charges will be assessed for late returns of the Equipment to be determined in the sole  discretion of the Corporation. 

ARTICLE 8 

MISCELLANEOUS 

Section 8.01– Governing Law. 

This Agreement shall be governed by, construed and enforced in accordance with the laws of  the Province of Manitoba. 

Section 8.02 – Entire Agreement. 

Each party to this Agreement acknowledges that this Agreement and the appended invoice and  Liability Release Form, constitute the entire Agreement of the parties with regard to the  subject-matters addressed in this Agreement, that this Agreement supersedes all prior or  contemporaneous agreements, discussions, or representations, whether oral or written, with  respect to the subject-matter of this Agreement, and that this Agreement cannot be varied,  amended, changed, waived, or discharged except by a writing signed by all parties. Each party  to this Agreement further acknowledges that no promises, representations, inducements,  agreements, or warranties, other than those set forth herein, have been made to induce the  execution of this Agreement by said party, and each party acknowledges that it has not  executed this Agreement in reliance on any promise, representation, inducement, or warranty  not contained herein. 

Section 8.03 – Severability. 

If any provision of this Agreement is determined to be void or unenforceable in whole or in  part, it shall not be deemed to affect or impair the validity of any other provision hereof, which  shall continue in force and effect. 

Section 8.04 – Continuing Obligations. 

All obligations of the parties hereto which expressly or by their nature survive the expiration or  termination of this Agreement shall continue in full force and effect subsequent to, and  notwithstanding, any expiration or termination of this Agreement until they are satisfied in full  or, by their nature, expire. This shall include, but not be limited to, Articles 6, 7, 8, 10 and 11  hereof. 

Section 8.05 – Amendment. 

No amendment to this Agreement shall be valid or binding unless set forth in writing and duly  executed by all of the parties hereto. No waiver of any breach of any provision of this  Agreement shall be effective or binding unless made in writing and signed by the party  purporting to give the same and unless otherwise provided in the written waiver, shall be  limited to the specific breach waived. 

Section 8.06 -- Headings. 

The insertion of headings into this Agreement are for convenience or reference only and shall  not affect the construction or interpretation of this Agreement. 

Section 8.07 – Enurement. 

This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their  respective heirs, executors, administrators, successors and assigns. This Agreement is not  assignable by the Renter without the prior written consent of the Corporation. 

Section 8.08 – Force Majeure. 

Either party shall be excused from delays in performing or from its failure to perform  hereunder to the extent that such delays or failures result from causes beyond the reasonable  control of such party; provided that, in order to be excused from delay or failure to perform,  such party must act diligently to remedy the cause of such delay or failure.  

Section 8.09 – Authority to enter into Agreement.  

The parties, or their representative, signing this Agreement hereby acknowledge and represent  that any such representatives signing this Agreement is or are duly authorized agents of the  parties hereto and are authorized and have full authority to enter into this Agreement on behalf  of the parties for whom they are signing. 

Section 8.10 – No waiver.  

No delay or omission by either party hereto to exercise any right or power occurring upon any  non-compliance or default by the other party with respect to any of the terms of this Agreement  shall impair any such right or power or be construed to be a waiver thereof. The terms and  conditions of this Agreement may be waived or amended only in writing and only by the party  that is entitled to the benefits of the term(s) or condition(s) being waived or amended. A waiver  by either of the parties hereto of any covenant, condition, or agreement herein contained  (whether or not the section is similar). Unless stated otherwise, all remedies provided for in this  Agreement shall be cumulative and in addition to and not in lieu of any other remedies  available to either party at law, in equity, or otherwise.  

Section 8.11 – Neutral construction.  

The parties to this Agreement agree that this Agreement was negotiated fairly between them at  arm’s length and that the final terms of this Agreement are the product of the parties’  negotiations. Each party warrants and represents that it has sought and received, or has had the  opportunity to seek and receive but has chosen not to of its own volition and without coercion,  legal counsel of its own choosing with regard to the contents of this Agreement and the rights  and obligations affected hereby. The parties agree that this Agreement shall be deemed to have  been jointly and equally drafted by them, and that the sections of this Agreement therefore  should not be construed against a party or parties on the grounds that the party or parties drafted  or was more responsible for drafting the section(s). 

Section 8.12 – Time of the essence.  

Time is of the essence to performance of the parties’ obligations under this Agreement. 

IN WITNESS WHEREOF the Corporation and the Renter have caused this  Agreement to be signed and delivered personally or by their duly authorized agents, all as of  the Effective Date stated above 

7326735 MANITOBA LTD. 

____________________________________________________ 

 

LIABILITY RELEASE FORM - UNDER 18

IN CONSIDERATION, and as a condition, of the rental agreement as between the undersigned and 7326735 Manitoba Ltd., the receipt and sufficiency of which is hereby acknowledged by the undersigned, the undersigned, his or her heirs, executors, administrators, successors and assigns, release and forever discharge 7326735 Manitoba Ltd. from all actions, causes of action, claims and demands for or by reason of any damage, loss or injury to any person and any property, which has been or may be sustained, as a consequence of the undersigned's, or the undersigned's permitted assigns, use of in accordance with the rental agreement (the "Use") AND for the above consideration, the undersigned agrees not to make claim or take proceedings against 7326735 Manitoba Ltd., its officers, employees, or agents, and any heirs, executors, administrators, successors and assignsAND for the above consideration, the undersigned agrees that the undersigned releases, will defend, will indemnify and will hold harmless 7326735 Manitoba Ltd., its officers, employees, or agents, and any heirs, executors, administrators, successors and assigns thereof, from and against any claim, damages or liability arising out of theAND it is declared that the terms of this release are fully understood; that the rental agreement is the sole consideration for this release and that this release is a condition of the rental agreement that is hereby voluntarily executed for the purpose of making a full and final rental agreement. The undersigned hereby accepts responsibility for any and all claims for injuries, losses and damages which may result from the Use.I am the parent or guardian of is under the age of eighteen, and confirm that I am over 18 years of age and that I have the right to contract as parent or guardian for the above-named child. I also confirm that I have read this document prior to signing it, and that I agree and fully understand its contents. IN WITNESS WHEREOF I have set my hand, and caused to be delivered, all as of the date written below.