In consideration of the covenants and promises contained in this Agreement, the undersigned Lessee agrees to lease the Equipment from the Lessor on the following terms and conditions:

Definition of Equipment

The term "Equipment" used throughout this Agreement shall refer to the Boat, Personal Watercraft, Life Jackets, Anchor, Bailer, Paddles, Mooring Lines and all Other Equipment specified herein.

Condition of Equipment

The Lessee acknowledges that the Equipment was received in good condition and repair except as noted below under the heading "Special Instructions," and is suitable for the purpose for which it is leased.

The Lessee agrees to return the Equipment to the Lessor in the same condition in which it was received by the Lessee upon signing this Agreement, ordinary wear and tear excepted.

The Lessee agrees to pay all costs and expenses for repairs and servicing of the Equipment required as a result of the Lessee's use, operation or possession of the Equipment. The Lessor shall be entitled to deduct such expenses from the deposit provided by the Lessee upon signing this Agreement.

The Lessor agrees to provide the Equipment to the Lessee with a full tank of fuel. The Lessee agrees to return the Equipment to the Lessor with a full tank of fuel and, in default, to pay the Lessor its costs of filling the fuel tanks at the termination of this Lease, which costs the Lessor may deduct from the deposit provided upon signing this Agreement.

Payment of Rental Fee and Charges

The Lessee agrees to pay the rental fee and all other charges and amounts provided for in this Agreement to the Lessor by cash, cheque, credit card or on credit terms that are acceptable to the Lessor.
Cancellation, Rescheduling and Refund Policy

The Lessee acknowledges and agrees to the following cancellation, rescheduling, and refund policy:

Cancellation by the Lessee

The Lessee may cancel a reservation by providing notice to the Lessor.

1. Cancellations made more than forty-eight (48) hours before the scheduled rental date and time shall be eligible for a refund of all amounts paid, less a non-refundable cancellation fee of Fifty Dollars (CAD $50.00).
2. Cancellations made less than forty-eight (48) hours before the scheduled rental date and time shall not be eligible for any refund.

Rescheduling by the Lessee

Subject to availability, the Lessee may request to reschedule a reservation to another available date and time. All approved rescheduling requests shall be subject to a rebooking fee of Twenty-Five Dollars (CAD $25.00).

Severe Weather

Where the Lessor determines, in its sole discretion, that severe weather or unsafe boating conditions make it unsafe or impractical to proceed with the rental, the Lessee may reschedule the reservation to another available date at no additional charge.

If the Lessee elects not to reschedule and the cancellation occurs less than forty-eight (48) hours before the scheduled rental date and time, no refund shall be issued.

The determination of whether weather conditions are unsafe for boating shall be made solely by the Lessor.

Time of Return

The Lessee agrees to return the Equipment to the Lessor on or before the time specified in this Agreement. The Lessor shall be entitled to charge the Lessee for an additional day at its regular daily rental rates for failure to return the Equipment on or before the time provided for in this Agreement. Additionally, the Lessor shall be entitled to payment of its regular daily rental rate for each day that the Lessee fails to return the Equipment.

Operation of Equipment

The Lessee represents and warrants that he/she is knowledgeable with respect to the rules, regulations and procedures that are applicable to the operation of the Equipment, and is competent to operate the Equipment as required by the applicable statutes, regulations and standards.

The Lessee will operate the Equipment in accordance with all relevant federal and provincial statutes and regulations, including but not limited to the Canada Shipping Act, 2001 (S.C. 2001, c. 26), the Criminal Code (R.S.C. 1985, c. C-46), and all applicable federal, provincial, and municipal laws and regulations.

Alcohol and Drugs

The Lessee shall not operate, or permit any other person to operate, the Equipment while impaired by alcohol, cannabis, illegal drugs, prescription medication, or any other substance that may impair the operator's judgment, reaction time, or ability to safely operate the Equipment. The Lessee acknowledges that operating a vessel while impaired is prohibited by law and may result in criminal charges, fines, imprisonment, and the immediate termination of this Agreement without refund.

The Lessee will pay any and all fines or sanctions levied or imposed in connection with the Lessee's use, operation or possession of the Equipment, and will indemnify the Lessor in respect of any fines, sanctions or levies required to be paid by the Lessor as a result of the Lessee's use, operation or possession of the Equipment.

The Lessee covenants and agrees not to permit use of the Equipment by any person other than persons who are:

1.  19 years of age or older and holders of a valid unrestricted driver's licence; and
2. Competent to use the Equipment as required by applicable statutes, rules and regulations; and
3. Supervised by the Lessee in the use of the Equipment to ensure adherence to the terms of this Agreement and all applicable statutes, rules and regulations.
4. Not impaired by alcohol, cannabis, illegal drugs, prescription medication, or any other substance that may impair the person's ability to safely operate the Equipment.

Termination of Agreement

On the failure of the Lessee to perform any of the covenants and obligations stipulated in this Agreement, the Lessor may, at its option, immediately require the Lessee to surrender possession of the Equipment to the Lessor. Notwithstanding such surrender of possession, the Lessor shall be entitled to all rental fees and other amounts owing by the Lessee under this Agreement.

Waiver of Liability

The Lessee hereby agrees to indemnify and hold the Lessor harmless from and against any and all claims for personal injury to the Lessee or any other person, or damage to any person's property, caused in connection with the Lessee's use, operation or possession of the Equipment.

The Lessee hereby waives any right to commence any action or proceeding against the Lessor, its agents, employees or representatives, for any action, cause of action or claim in any way arising from the Lessee's use, operation or possession of the Equipment.

The Lessee is required to notify the Lessor, as soon as is practicable, of any accident or circumstance giving rise to a claim and to provide the Lessor with particulars of it, and to furnish the Lessor with all information as might reasonably be requested by the Lessor.

No Transfer of Interest

All right, title and interest in and to the Equipment remains in the Lessor and nothing in this Agreement shall be taken as transferring any proprietary interest to the Lessee.

Assignment

The Lessee shall not be entitled to assign this Lease without the prior written consent of the Lessor.

Entire Agreement

This Agreement contains the full and complete provisions of the agreement between the Lessor and the Lessee and there are no other terms, conditions, representations or warranties, except as are expressly referred to in this Agreement. This Agreement may only be amended in writing upon consent of the Lessor and Lessee.

Multiple Lessees

This Agreement shall be read with all changes in gender and number as required by the context, and in the case of multiple Lessees, the obligations of the Lessees shall be joint and several.