Terms Of Service And Agreement
The Pelagic Inc. and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releases”)
Description
In this agreement the term “The Pelagic Inc.” shall include all rental gear, equipment and services wholly provided by The Pelagic Inc. Such sport rentals include but not limited to kayaking, canoeing, snowshoeing, cross-country skiing, snowmobiling, mountain biking, ATVing, jet skiing, tobogganing, and including, but not limited to, orientation and instruction sessions, transportation or travel to and from the starting point, loading and unloading of vehicles, trailers, sports equipment, inflatable boats, camping gear, backpacking, fishing, hiking, backcountry travel and all recreational activities offered (hereinafter referred to as “The Activities”).
ACKNOWLEDGEMENT
I acknowledge that I have been advised to wear appropriate safety and protection gear while using any of the sport rentals. Instruction in the proper use of the sport rental is available from the staff. I am aware that the physical exertion required to participate in “The Activities” and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms, or congenital defects. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with The Activities. I will inspect the equipment to ensure that it is in good working order and I will accept it as it. I agree to assume all risks and responsibilities for any and all claims for damages and for injuries suffered while using the sport equipment rentals, and to hold ThePelagic Inc., its Staff and Guides harmless and not responsible for injury or accident incurred while using the rented equipment. In addition, I acknowledge that I am not, nor will I be under the influence of drugs, alcohol, or any other substance while participating in the activities.
I understand that I am responsible for returning the sport equipment and accessories upon return from “The Activities”. I also understand that there will be a late fee charge at the reserved item rate per day, per item until returned. Equipment not returned after fourteen (14) days will be deemed lost. Equipment must be returned in good working order and clean or a fee will be assessed for each item. Damaged or lost equipment will be assessed at the current retail price for repairs or replacement (retail and replacement costs are available upon request) unless Damage Insurance was purchased in which case charges will only be incurred if items are lost. Changes made on lost or damaged equipment are not contestable. I agree that all late, lost or damaged fess may be charged to my credit card.
ASSUMPTION OF RISKS
I assume full responsibility for any personal damages I incur and for the equipment rented from The Pelagic, Inc. I assume that liability for all damages incurred through the use or misuse of the equipment listed in this agreement. I agree to pay for damages incurred to rented equipment in excess of normal use and depreciation, as assessed by the The Pelagic Inc. staff. I am also aware that there is a risk of NEGLIGENCE, BREACH OF CONTRACT and BREACH OF STATUTORY DUTY ON THE PART OF THE OPERATORS, INCLUDING THE FAILURE BY THE OPERATORS AND THEIR STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
GENERAL RELEASE OF LIABILITY AND WAIVER OF CLAIMS
In consideration of THE OPERATORS agreeing to my participation in the “The Activities” and permitting my use of its equipment, vehicles, parking and sport equipment rentals and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS known or unknown that I have or may in the future have against THE OPERATORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, GUIDES, INSTRUCTORS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND REPRESENTATIVES (all of whom are hereinafter referred to as the “RELEASES”) AND TO RELEASE THE RELEASEES and its agent, successors, and assignees 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 as a result of my participation in “The Activities”, 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 OCCUPIERSʼ LIABILITY ACT, ON THE PART OF THE RELEASES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TOSAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF “THE ACTIVITIES” AND “SPORT EQUIPMENT RENTALS”.
HOLD HARMLESS AND INDEMNITY AGREEMENT
- To hold harmless and indemnify the releases from any and all liability for any property damage or personal injury to any third party resulting from my participation in “The Activities” and “Sport Equipment Rentals”;
- That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death;
- That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario; and
- That any litigation involving the parties to this Agreement shall be brought within the Province of Ontario.
- I acknowledge and accept that the The Marine Liability Act, S.C.2001,c.6, may limit the liability of the Operators in the event of an accident resulting in injury or death.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releases with respect to “The Activities” other than what is set forth in this Agreement.
WHAT'S INCLUDED WITH RENTAL?
- Free Boating Licence (Temporary Operator’s Permit) will be issued to you or bring your own if you own one.
- Brand New 2024 & 2025 Sea-Doo(s): (IBR Brake System, Luxury Seat, Sport Mode, Eco Mode, Variable Trim System (VTS); Bluetooth Speakers
- Rental Boat Safety Checklist.
- 1 Safety Kit (flashlight, whistle, 15m buoyant heaving line, bailing bucket)
- Up to 3 P.F.D (Personal Flotation Device) / Life Vest.
- Safety Briefing & Operating Instructions.
- Free Gas included ⛽️
LAUNCH-LOCATION (MEET US HERE TO RIDE)
📍DOWNTOWN–TORONTO📍
- Rent Our Ski and Yatch @ 100 Humber Bay Park Rd W Etobicoke, ON M8V 3X7, Canada}
- Also, it’s required to check-in/arrive 40-minute ‘before‘ your ride time to review the mandatory Operator’s Licence/Permit, Safety Briefing; and Operational Instructions.
- As soon as you arrive and have parked your car, please “call us immediately” for directives.
- “Do not text us on arrival” or “try to find us yourself”, as this will cause you to be late for your scheduled appointment.
- Also, during these summer months, we have a very busy schedule. If you are running late for your scheduled appointment, you can only ride for the remaining amount of time. This is a firm policy, so please arrive on time!
SUGGESTED ITEMS TO TAKE ALONG
- Sun Screen
- Sunglasses (with a floating strap)
- Plastic bottle(s) of water
- Snacks
- Cell Phone (Mandatory in cases Emergency on the Water!!)
- Waterproof fanny packs can also be rented on-site for $3.
- Rent Our Ski Inc. is not responsible for any loss, stolen, or damage of your personal items you choose to take along.
AGE & ELIGIBILITY REQUIREMENTS
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- Renter must be at least 20 years of age and possess a valid Ontario G2/G driver’s licence to operate {DRIVE} the Jet Ski. The equivalent Out-of-Province or International drivers’ licence are also accepted.
- Passengers do not need a driver’s licence!
- Valid drivers’ licence must be presented prior to rental.
- Any other participant{s} operating {driving} the watercraft must be a minimum of 20 years of age and must be listed on the rental agreement. Transport Canada requires that all pleasure craft operators carry a boating licence. A free boating licence will be given to you if you don’t own one.
- Understanding English is vital for water safety in Toronto on Lake Ontario, as all safety and operational instructions are provided in English only. Therefore, for safety reasons, we cannot rent jet-skis to individuals who do not understand English.
ADDITIONAL CHARGES (if applicable) (A)
In the event that the watercraft is returned later than the time within the rental agreement & If Rent Our Ski Inc. staff is left waiting for you to return to the location agreed upon then additional charges will be charged. To avoid late charges please be on time!
Late Fee: $39.99 every 15 minutes for each jet ski that is late. This is firm!
ADDITIONAL CHARGES (if applicable) (B )
- Lost, Stolen, or Damaged PFD/Live Vest $59.99 each
- Lost, Stolen, Damaged Safety Kit $19.99 each
- Lost, Stolen, Damaged RF D.E.S.S Key $67.99 each
- Recovery Service: $499.99 each (In the GTA)
- Rock Ingestion: $500-$2000 (depending on damages)
- Damaged Gauge Cluster: $1000
- Rope Ingestion: $300-$1500 (depending on damages)
** All additional charges must add 13% HST. Additional charges will be deducted from your damage/security deposit.
DAMAGE/SECURITY DEPOSIT
- A $1,000 Damage/Security Deposit “hold” is required for each rental Jet Ski, and you may pay using a Credit Card (💳), Cash (💵), or Interac e-Transfer; please note: you only pay the damage deposit in-person on the actual day of your rental. Upon return a full after damage inspection will be completed with staff and your security deposit will be returned in full immediately if vessel(s) are returned without damages. Customers are responsible for vessel(s) and all equipment supplied during the rental period.
- Every unit will undergo damage inspection with Rent Our Ski Inc. staff prior and after your rental. The renter must be present at time of inspection. Renters are responsible for any and all damages sustained to rental equipment, persons, or property during rental period. A rental contract and release of liability, waiver of claims, assumption of risks and indemnity agreement must be signed by all renters and their participants 18 year and older.
- Damage deposit does not limit the renter’s liability in the case of a severe or total loss.
CANCELLATION & REFUND POLICY
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- CANCELLATIONS MADE ‘ANYTIME OVER‘ 48 HOURS ‘PRIOR‘ TO RENTAL DATE ARE ONLY ELIGIBLE FOR A 50% REFUND. CANCELLATIONS MADE ‘WITHIN‘ 48 HOURS OF RENTAL DATE WILL FORFEIT FULL RENTAL PAYMENT. NO SHOWS ARE CHARGED IN FULL FOR THE RENTAL PERIOD RESERVED AND THE CONTRACT WILL BE TERMINATED AFTER 1 HOUR FROM THE TIME AGREED.
- RENT OUR SKI RESERVE THE RIGHT TO CANCEL/RESCHEDULE OR VOID RESERVATIONS AT ANY TIME FOR POLICY VOILATIONS, SEVERE WEATHER; OR TO ENSURE PERSONAL SAFETY OF THE OPERATOR(S) IF THEY ARE INCAPABLE OF OPERATING THE CRAFT SAFELY.
- IF YOUR CANCELLATION IS ELIGIBLE FOR A FULL REFUND, THEN 2.9% OF YOUR TOTAL WILL BE AUTOMATICALLY DEDUCTED BY THE PAYMENT PROCESSOR (STRIPE INC.) FOR PROCESSING THE TRANSACTION. THIS IS FIRM!
WHAT IS OUR WEATHER POLICY?
- Rent Our Ski has the right to refuse rentals in the event that there is a weather situation that would pose a risk to all renters. This could include limiting the rental agreement to a geographic area or daypart or full postponement. Conditions for weather postponement include wind speeds, lightning or gusts greater than 14 kph or 8 knots and wave heights in excess of 2-metre. Light rain or overcast will not normally be a situation that would cancel a rental agreement.
- Additionally, if your booking address is within the 5-regions of the Greater Toronto Area (Durham, Halton, Peel, Toronto; or York), then Rent Our Ski will not offer any refund due to inclement weather – this policy is firm! However, in the event you have 1-year from your postponed date to reschedule your ride any time for free.
- However, if your booking address is outside the GTA Regions, Out-Of-Province; or International then Rent Our Ski charges a 30% operational fee from your total booking deposit, in the event a refund is requested by the customer due to inclement weather – this policy is firm!
ADDITIONAL POLICIES
- None of the watercraft rented by Rent Our Ski Inc. allows for the legal consumption of drugs & alcohol. In other words, drugs & alcohol use is forbidden and occupants will be charged for such use by the Marine Police.
- Only those people who are entered on to the rental contract and who have a boater’s license or have completed the Safety Checklist can operate the PWC.
- Rent Our Ski is fully insured against commercial risk. We therefore forbid using our rental jet skis in conjunction with the jet skis, boats; or yachts from any other rental companies, friends, or family members who own their own private jet skis, boats, or yachts in order to be on the water at the same time with our Renters and Jet Skis.
- Renter must obey all speed limits, no wake signs and reduce speed close to all shorelines or canal walls. Failure to do so could mean provincial and federal offence by the Marine Police including dangerous operation of a vessel or careless operation of a vessel.
- Mandatory safety equipment is included in each rental. Do not remove these from the vessel or PWC unless an emergency happens. There is a personal flotation device for each occupant of the vessel and it is mandatory that they are to be worn properly throughout the use of the vessel.
- As an operator in charge of the watercraft you must be attentive at all times to your actions, your guests’ actions and behaviors’, other boaters, swimmers, objects in water, depth of water and changing weather conditions. Renter will have a cell phone on them while renting.
- Booking is available by phone, email; or directly online with a valid credit card.
- Please contact us between 12am – 12pm 7-days a week at 647-657-1495 or 24/7 at info@thepelagic.com for any questions or concerns.