Terms & Conditions

***To be completed by every adult participant (over the age of 18) and by a parent/guardian in respect of any child participant (under the age of 18).

In consideration of my participation (and/or for the participation of my children under 18 years of age) in the rental of a kayak or paddle board in the town of Wallaceburg, Ontario, for myself and all participating individuals and children, and for their representatives, heirs, executors, and assigns, hereby agree as follows:

1. I understand that there is a risk of injury to me and all participating individuals and children, and damage to property, arising from my participation in the rental of a kayak or paddle board and the participation of those individuals or children, and agree that my and their participation is voluntary and at my and their own risk.
2. I confirm that I know how to swim, and that I am under the kayak’s capacity weight of 260 pounds.
3. I fully release, waive, and discharge the Corporation of the Municipality of Chatham Kent, the Downtown Wallaceburg BIA, and all their elected and appointed officials, servants, officers,  directors, agents, staff, instructors and volunteers (the “Releasees”) from all liability to the undersigned or to such children for any loss, claims, demands, damages, costs, expenses, actions and causes of action, whether in law or in equity in respect of death, injury, loss or damage to person or property, however caused, arising or to arise by reason of my participation in this activity or the participation of such children in this activity, whether prior to, during or subsequent to the activity, and notwithstanding that same may have been contributed to or occasioned by the negligence of any of the Releasees.
4. I understand and agree to hold and save harmless and to indemnify the Releasees from and against any liability incurred as a result of or in any way connected with my participation in the kayak rental or the participation of such children in this activity.
5. This agreement shall be effective and binding upon my heirs, executors, administrators, assigns and representatives.
6. I agree to ensure that safety equipment is worn at all times as directed.
7. I understand that the staff has the right to refuse service to anyone who may be under the influence of drugs or alcohol, or may present a danger to themselves, others, or the kayaking equipment.
8. I understand that I will be held financially responsible for the replacement cost of any damaged or lost equipment, including but not limited to kayaks, paddles, life vests, and safety equipment.
9. By accepting all terms and conditions, I acknowledge having read, understood, and freely agreed to the above Waiver, Release and Indemnity. I warrant that I and such individuals or children are physically fit to participate in the activity, know how to swim, and are all above the age of 10.