TERMS AND CONDITIONS: Boat Handling Clinics
Lakeside Marine Inc./BoaterSkills.ca
This service agreement and liability waiver ("Agreement") is made and entered into as of the date of registration, by and between Lakeside Marine Inc. ("Lakeside Marine"), an Ontario Corporation and parent company to the BoaterSkills.ca program, and the registering participant, otherwise known as "the student", of a BoaterSkills.ca Recreational Boater Training and Education clinic or clinics. Lakeside Marine Inc. and the Registering Participant (The Student) together are referred to as the "Parties".
WHEREAS Lakeside Marine Inc. operates recreational boating clinics under the course provider name, BoaterSkills.ca , to private, non-professional individuals for skills and education development purposes only.
AND WHEREAS The Student agrees to participate of their own free will, for a set monetary fee, as agreed to between the Parties, at a time and location also agreed to in advance of the clinic, or clinics, between the Parties.
NOW THEREFORE in consideration of the promises, mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Parties hereto, intending to be legally bound, agree as follows:
1.1 Lakeside Marine Inc. agrees to provide a professional, certified instructor ("Instructor") to conduct the BoaterSkills.ca clinic, or clinics, on the date, time and location as agreed to between the Parties;
1.2 The Student agrees to meet with the Instructor a minimum of 15 minutes prior to the agreed upon starting time of the BoaterSkills.ca clinic, or clinics, at an agreed upon location, date and time as prescribed in the scheduling of the BoaterSkills.ca clinic, or clinics;
1.3 The Student agrees to provide a vessel under his or her proven ownership, or to have present, prior to the start of the BoaterSkills.ca clinic or clinics, the vessel’s proven owner, for the purpose of receiving instruction by the BoaterSkills.ca Instructor, and that the prescribed vessel meets the following criteria:
a) The vessel is sufficiently maintained, in seaworthy condition, meets all licensing or registration and safety requirements as stated by The Canada Shipping Act, and is insured under a currently active marine insurance policy. The Student must produce marine insurance documentation of the vessel to the Instructor prior to the commencement of the BoaterSkills.ca clinic or clinics;
b) The vessel is sufficiently fuelled and in good mechanical and running condition (note: mechanical breakdown during the clinic will result in immediate cancelation by the instructor for reasons of safety.
BoaterSkills.ca is not responsible to complete any missed clinic time due to a mechanical failure or any other failure rendering the vessel inoperable or unsafe. Should the student wish further instruction following the repair of the vessel, he/she may schedule an additional clinic at the normal rate, or schedule the instructor by the hour: $100 per hour (minimum 2 hours), plus instructor mileage (HST charged extra);
c) The Student must have a Pleasure Craft Operator Card, or other Canadian accepted proof of competency, in their name, from a Transport Canada recognized Course Provider, in order to participate as a powered vessel Operator in the BoaterSkills.ca clinic or clinics;
d) The Student agrees to assume the position and responsibilities as Master of the vessel at all times throughout the duration of the BoaterSkills.ca clinic or clinics, or to have on board an acting Master of the Vessel, who holds a Pleasure Craft Operator Card, or other Transport Canada accepted
accreditation in their name, throughout the duration of the BoaterSkills.ca clinic or clinics;
e) The Student agrees that at no time during the clinics is the Instructor to be named as Master of the Vessel unless an emergency situation develops in which it becomes necessary for the Instructor to assume the position and responsibilities of Master of the Vessel; and
f) The Student agrees that the Instructor, at no time, is to be in control or operation of the vessel throughout the duration of the BoaterSkills.ca clinic, or clinics unless requested, and is not liable for any injury, property damage caused by the vessel’s operator, or for mechanical or electrical failures on board the Registering Participant vessel at any time. Should The Student request that the Instructor take control of the vessel, the Instructor reserves the right to decline the request.
g) The Student will pay the clinic fee in full when registering for a clinic. Additional fees such as instructor mileage at .45km, and other travel fees, may apply. Any additional fees will be discussed with the student prior to the clinic date with full disclosure. Any additional fees will be due on the date of the clinic.
2.0 Rescheduling and Cancellations
2.1 The Instructor reserves the right to cancel and/or reschedule the BoaterSkills.ca clinic, or clinics for safety and security reasons, including:
a) Inclement weather in the immediate area of the clinic related to: Strong Wind Warning issuance or greater; lightning; heavy rains; fog, as noted by instructor, or issued by Environment Canada for the area;
b) The vessel, or the operator, is deemed unsafe or unfit by the Instructor (under the guidelines as prescribed by The Canada Shipping Act and The Criminal Code of Canada);
c) The Student cannot physically produce a Pleasure Craft Operator Card or other Canadian accepted certificate of operator competence, in their name as prescribed in section 1.3(c);
d) The Instructor, at any time, feels a threat to his/her safety and security under any circumstances, and at any time, throughout the duration of the clinic or clinics; and
e) The Student is unable to produce documentation of the vessel’s current marine insurance policy to the instructor prior to the commencement of the BoaterSkills.ca clinic or clinics.
f) Cancelation by the Instructor of a BoaterSkills.ca Clinic for reasons stated in 2.1 b); 2.1 c); 2.1 d); or e) may result in the loss of the clinic and the student's registration fee due to Registration Under False Pretenses.
2.2 Student Rescheduling: The Student will provide a minimum of 72 hours notice to BoaterSkills.ca if unable to participate on the clinic's registered date. BoaterSkills.ca will assist with rescheduling to a later date based on Instructor availablility. The Student must agree to a rescheduled date no later than September 30th of the calendar year or risk losing their full registration fee payment.
2.3 Cancelation by Student: Cancelation without rescheduling of a BoaterSkills.ca clinic by the registered student may result in the loss of the full Registration Fee.
2.3 Cancelation by Lakeside Marine Inc./BoaterSkills.ca: Lakeside Marine Inc. agrees to reschedule a BoaterSkills.ca clinic, or clinics, at no extra cost, on the next available date to The Student under the following conditions:
a) Inclement weather prohibits the clinic or clinics from being delivered safely. For example, the issuance of warning for lightning storms, fog, heaving rains, Strong Wind Warning, or higher, from Environment Canada for the immediate area and within 12 hours of the scheduled BoaterSkills.ca
clinic or clinics; or
b) Sickness or injury of the Registering Participant prior to the agreed to date and start time of the BoaterSkills.ca clinic, or clinics.
d) The registration fee will be refunded in full to The Student if the BoaterSkills.ca clinic or clinics cannot be rescheduled as a result of the conditions outlined in 2.3 (a) and (b).
2.4 Lakeside Marine Inc. agrees to provide a 10% discount for a rescheduling of the same BoaterSkills.ca clinic, or clinics, to The Student in the event of cancellation of a scheduled BoaterSkills.ca clinic or clinics under the following conditions:
a) Lakeside Marine Inc. is unable to provide an Instructor on the agreed upon date and location.
b) Lakeside Marine Inc. cancels due to scheduling conflicts caused by the parent company, Lakeside Marine.
Lakeside Marine Inc./BoaterSkills.ca is not responsible for any boating actions or infractions of the registered student following the completion of a BoaterSkills.ca clinic. It is the responsibility of every operator to assess the conditions and to consider their level of boating skill and knowledge prior to heading out on the water.