PLEASE NOTE THAT IT IS IMPORTANT THAT YOU READ THIS WAIVER TO THE END. THIS AGREEMENT RELEASES 101046052 Saskatchewan Ltd. D/B/A
Grey Owl FROM ALL LIABILITY RELATING TO INJURIES THAT MAY OCCUR DURING THE USE OF 101046052 Saskatchewan Ltd. D/B/A Grey Owl’S
EQUIPMENTS.
The person who is renting the equipment shall be referred to hereinafter as “Lessee.” The term “Undersigned” means only Lessee when Lessee is age 18 or older, OR it means both Lessee and Lessee’s parent or legal guardian when Lessee is under the age of 18.
TO: 101046052 Saskatchewan Ltd. D/B/A Grey Owl. and its directors, officers, employees, instructors, guides, agents, independent contractors,
subcontractors, sponsors, successors, assigns, representatives, shareholders, affiliates, and subsidiaries (all of whom are hereinafter referred to as the
“Lessor”).
IN THIS WAIVER the Lessor owns and leases leisure equipment that are but is not limited to: bikes, canoes, kayaks, bicycles, Quadra cycles, Electric
bicycles (“Equipment”); and the Lessee desires to lease from the Lessor equipment for entertainment and adventure sports;
NOW THEREFORE in consideration of the mutual covenants and agreement herein contained, the Lessor and the Lessee agree as follows:
Lease: As requested by the Lessee, and subject to the availability of Equipment, the Lessor hereby agrees to lease to the Lessee and the Lessee hereby
agrees to lease from the Lessor different Equipment as and when needed.
Term: This Agreement shall remain valid until the same is canceled by the Lessee/Lessor.
Rent: Lessee agrees to pay rental (inclusive of taxes) for the equipment as per the rentals detailed in the invoice provided.
1) USE: The Lessee shall receive/accept only the Equipment delivered through the representative of 101046052 Saskatchewan Ltd and return the
same to the representative. The User shall use the Equipment in a proper, responsible manner as not to cause any damage to the Equipment.
- I understand that every piece of equipment rented has its unique uses which will be provided by the lessor and such equipment
should at no time be used in ways or paths not prescribed by the lessor. - I acknowledge that in the rental of equipment, the owner’s operating procedures and guidelines have been shown to me / have
been read to me, and equipment operating orientation has been provided to me before allowing me to use the equipment. I undertake that I
will operate the equipment (s) during the period of this rental in accordance with the owner operating procedures and guidelines. - I agree that I shall forfeit my deposit should it be found out that I operate(d) the equipment in a reckless, careless and unsafe
manner. - I confirm that I (and my dependant if any) have been offered helmet(s) and/or life jackets free of any rent/charges.
- I covenant that once any dependant turns 18, they shall be made to sign their rental receipts.
2) I agree/disagree that I shall effect and bear the expense of all necessary repairs or replacements of any equipment rented under
this Agreement and not returned in good original condition to the Lessor.
3) PLACE OF USE: The equipment shall be kept at, and used in the Province of Saskatchewan, until Lessor in writing permits its
removal.
4) NON-WAIVER: Time is of the essence. Lessor’s failure at any time to require strict performance by Lessee of any of the provisions hereof shall
not waive or diminish Lessor’s right thereafter to demand strict compliance therewith or with any other provision. Waiver of any default shall
not waive any other default.
5) OPERATORS:
I agree that I shall cause the Equipment to be used/ operated only by persons who have the required knowledge and
experience to use/operate such Equipment. If the Lessor provides the services of the operator, I shall pay the operator and also all expenses of
operation.
6) RIGHT TO REFUSAL:
I agree to and with Lessor that Lessor has the full right to refuse rental to anyone based on any reason(s)
deemed justifiable by Lessor. Lessee also agrees that reason(s) for such refusal may or may not be stated at the point of refusal.
7) POSSESSION: Lessor agrees to and with Lessee that Lessor is the lawful owner of the Equipment free from all encumbrances and that,
conditioned upon Lessee’s performing the conditions hereof, Lessee shall peacefully and quietly hold, possess and use the Equipment during
said term without hindrance.
8) DISCLAIMER OF WARRANTY: The Lessor disclaims and warrants that any and all other warranties, express or implied, including but not limited
to implied warranties of fitness for a particular purpose, except that Lessor warrants that Lessor has the right to lease the equipment, as
provided in this lease. No prior oral agreement, guarantee, promise, condition, representation or warranty shall be binding. No modification
hereof shall be binding unless in writing signed by Lessor.
9) ASSUMPTION RISK:
I understand and I am aware that the use of certain equipment is a potentially hazardous activity.
I confirm to have been informed of, understand and I am aware that the activities for which the Equipment is rented involve a risk
of injury or death, and that I am voluntarily participating in these activities and using the Equipment with full knowledge, understanding, and
appreciation of the dangers involved. I hereby agree to expressly assume all risks of injury, regardless of severity, or death.
10) INSPECTION: Unless Lessee notifies Lessor within 48 hours after delivery of the Equipment, stating details of any defects, Lessee shall be
conclusively presumed to have inspected and accepted it. Lessee shall whenever requested, advise Lessor of the exact location of the
Equipment and shall give Lessor immediate notice of any attachment or other judicial process affecting the Equipment, and indemnify and
save Lessor harmless from any loss or damage caused thereby. Lessor may, for the purpose of inspection, at all reasonable times enter upon
any job, building or place where the Equipment is located, and may remove the Equipment forthwith, without notice to Lessee, if the
Equipment is, in the opinion of Lessor, being used beyond its capacities or in any manner improperly cared for or abused.
11) WAIVER AND RELEASE
In consideration of use of equipment/service provided by the Lessor as stipulated herein, the Lessee hereby agree as follows:
- I understand and am aware that the equipment should be used/operated as specified. I also have been informed of, understand
and am aware that the activities for which the Equipment is used involve a risk of injury or death, and that I am voluntarily participating in
these activities and using the Equipment with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to
expressly assume all risks of injury, regardless of severity, or death. - I understand and am aware that as a Provider of Equipment Rental service, 101046052 Saskatchewan Ltd provides the service with
the best intention to serve me. However, some of the service information may be incomplete causing damage by way of loss of profits,
business interruption, etc. I hereby agree to expressly assume all risks associated with such service.
–WAIVER:
I agree that 101046052 Saskatchewan Ltd shall not be liable for incompleteness of any information provided, any
damages whatsoever arising out of; the use of or inability to use the equipment/service; or for cost of procurement of substitute
equipment/goods and services or resulting from any equipment/ products or services purchased or obtained through 101046052
Saskatchewan Ltd.
–RELEASE:
I agree on behalf of myself (and all my personal representatives, heirs, executors, administrators, agents, and assigns) to release
and discharge 101046052 Saskatchewan Ltd(and its affiliates, related entities, employees, agents, representatives, successors, and assigns)
from any and all claims or causes of action (known or unknown) arising out of the negligence of 101046052 Saskatchewan Ltd in providing
appropriate information and services.
12) INDEMNIFICATION:
By signing this Waiver and Release form, I fully understand the risks associated with using the
equipment/service. I hereby agree to indemnify and hold harmless 101046052 Saskatchewan Ltd from any and all claims of loss/
liability/damage/cost, demands, causes of action or lawsuits for personal injuries (including deaths) or for property damage arising out of use/
operation of said equipment or use of service.Damage to the Equipment shall be based on the then true and reasonable market value of the
Equipment irrespective of rentals thereto paid or agreed.
13) GOVERNING LAWS: This Agreement shall be construed and enforced according to laws of the Province of Saskatchewan, Canada. In the event
that I file a cause of action against 101046052 Saskatchewan Ltd, I agree to do so solely in the province of Saskatchewan, and further agree
that the substantive law of that province shall apply in that action without regard to the conflict of law rules of that province. I agree to
reimburse any reasonable Attorney’s fee and costs that may be incurred by 101046052 Saskatchewan Ltd in the defence of any such liability
claim, demand, action or cause of action.
14) INSURANCE: Lessee, at its expense, shall keep the Equipment insured at the full value thereof and for the term hereof against fire, theft,
collision and extended coverage and such other risks and in such amounts as Lessor may specify, with losses, if any, payable to Lessor. Lessee
shall, on request of Lessor, deliver to Lessor the policies and evidence of insurance satisfactory to the Lessor, together with receipts for
premiums paid thereunder. If Lessee fails to insure as aforesaid, then Lessor may place insurance as Lessor deems advisable and Lessee will
be obligated to pay the premium on-demand.
15) RECURRENT BILLING:
I agree under this waiver that the lessor may charge their payment method of choice which is made
available while signing up with the Lessor provided it is discovered that there is damage to the equipment after it is returned. The lessor shall
bear the cost of the repair and then send such proof of cost to the lessee before the cost of repair is deducted from the lessee’s account.
16) TERMINATION: If Lessee fails to pay any rent or other amount herein provided within ten (10) days after the same is due and payable, or if
Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall
declare the entire amount of rent hereunder immediately due and payable without notice or demand to Lessee, and terminate the
Agreement.
17) TENURE: The Lessee agrees that this waiver will be in force for a period of One (1) year. At the expiration of the waiver, the Lessor shall send
out renewal notices that to the Lessee. If the Lessee fails to renew seven (7) days after renewal notices are sent out, this waiver terminates.
18) ACKNOWLEDGMENTS:
I Acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity document. I am aware and agree that by executing this waiver and release, I am giving up my/our right to bring a legal action or assert a claim against 101046052 Saskatchewan Ltd for any incomplete information, or for any defective equipment or deficiency in service. I have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written document have been made.
This is to certify that I AM 18YEARS OF AGE OR OLDER. I HAVE READ AND UNDERSTAND THIS EQUIPMENT RENTAL AND WAIVER AGREEMENT.
19) DIGITAL SIGNATURE: By clicking on “I agree” or “I accept” below, lessee and lessor is deemed to have executed and agreed to the terms
contained herein, effective on the date lessee clicks to accept the agreement, pursuant to the Canadian Uniform Electronic Commerce Act
(UECA) 1999.10 and the Personal Information Protection and Electronic Documents Act (PIPEDA) S.C. 2000, c. 5, as may be amended from
time to time (the “E-Sign Act”). Doing so constitutes an acknowledgement that you are able to electronically receive, download, and print
these Agreement.
20) ENTER THE NAMES OF CHILDREN BELOW 18:
