Boat Dock Slip Rental Agreement
- Season – May Long Weekend to Thanksgiving Long Weekend.
- Boat Owner will exercise due care in occupation of the boat slip.
- Slips will be assigned by Resort and are not transferable.
- Motored boats may not be used as a place of residence.
- Dock must be kept clean and free of litter.
- Storage of flammable materials on docks is prohibited.
- Calabogie Peaks ULC “Resort” and its employees are not responsible for any damage, theft or destruction to boat and/or equipment.
To: Calabogie Peaks ULC, Calabogie Resorts LP, Calabogie Hotel LP, Calabogie GP Inc., Dickson Landco Inc., Dickson Interests Inc. and Calabogie Peaks Holding Inc. and their directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, and assigns (hereinafter referred to as the “Releasees”).
AS PART OF MY CONSIDERATION FOR THE USE OF THE RELEASEES’ RENTAL PREMISES (which includes its restaurants, parking, boating and other land, property and recreation facilities, collectively referred to as the “Premises”), I AGREE TO THE FOLLOWING TERMS:
Assumption of Risks
- I am aware that boating, water activities and recreational activities involve many risks, dangers and hazards. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH boating and water activities AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, and PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of the Releasees allowing me to rent and use the Premises, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer either directly or indirectly, as a result of my use of the Equipment and the Premises, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care including any duty of care owed under the Occupiers’ Liability Act, on the part of the Releasees, and also including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of boating, swimming, water activities and other recreational activities referred to above;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to, any third party, resulting from my use of the Equipment or the Premises;
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity; and
- This Agreement shall be governed and interpreted in accordance with the laws of the Province of Ontario and any legal actions involving the Releasees shall be brought within the Province of Ontario.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:
- THAT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE WITH RESPECT TO THE BOAT SLIP, THE ACTIVITY I WILL BE PARTICIPATING IN AND THE USE OF THE PREMISES;
- THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST THE RELEASEES, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND
- THAT I WILL INDEMNIFY THE RELEASEES IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM.