KAYAKING AND STAND UP PADDLE BOARDING ACTIVITY LIABILITY WAIVER AND RELEASE OF CLAIMS

This is a legally binding document. Please read carefully before signing. By signing this document, you are waiving certain legal rights, including the right to sue.

The document must be signed and delivered to the Owner prior to using the kayaks and stand up paddle boards (SUPs)..

This is a legally binding document. Please read carefully before signing. By signing this document, you are waiving certain legal rights, including the right to sue. The document must be signed and delivered to the Owner prior to using the kayaks and stand up paddle boards (SUPs).

WHEREAS the Guest is renting the cottage property known as Dolomite Drift from Jennifer & Aleksandar Radan (the “Owners”).

AND WHEREAS while renting the property the guest may have access to kayaks and stand up paddle boards (SUPs) located on the property subject to certain conditions.

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IN CONSIDERATION OF THE FOREGOING THE GUEST HEREBY AGREES AS FOLLOWS:

KAYAKING AND STAND UP PADDLE BOARDING EXPERIENCE AND COMPETENCY

I confirm that I have prior experience with kayaking and stand up paddle boarding on open water. I attest to my competence and ability to handle a kayak and a stand up paddle board safely, especially on Georgian Bay, which may present challenging and unpredictable conditions. I understand that it is my responsibility to judge my skill level accurately and to stay within the limits of my capabilities while kayaking and stand up paddle boarding. I accept that the Owners do not take responsibility for my decision to kayak or stand up paddle board in conditions beyond my skill level.

MEDICAL CONDITIONS

I declare that I am in good health and am not suffering from any condition, disease, or disability that could affect my ability to kayak or stand up paddle board safely. I understand that kayaking and stand up paddle boarding can be physically demanding and strenuous, and I have consulted with a healthcare professional, if necessary, to confirm my ability to participate in these activities. I accept the responsibility to manage any pre-existing medical conditions during my participation and understand that the Owners do not assume any responsibility for my medical care.

ASSUMPTION OF RISK

I, the undersigned, understand and acknowledge that the activity of kayaking and stand up paddle boarding on Georgian Bay, Ontario, is inherently risky. Hazards and risks include, but are not limited to:

- Capsizing and/or sinking of the kayak or stand up paddle board, leading to potential drowning or near-drowning events.

- Falling off the kayak or stand up paddle board, injuries from entering/exiting/coming into contact with the kayak, stand up paddle board, other watercraft, or submerged or semi-submerged objects.

- Inclement weather conditions, rough waters, wind, waves, and rapid changes in temperature.

- Encounters with wildlife and marine life, including but not limited to birds, fish, insects, and mammals.

- Cold water immersion and hypothermia.

- Prolonged exposure to the sun and potential heat-related illnesses or injuries such as sunstroke and dehydration.

SAFETY EQUIPMENT

I understand that the use of the following safety equipment is mandatory:

- A personal flotation device (PFD), to be worn at all times while in the kayak or stand up paddle board.

- The Marine Safety Kit, which must include:

   - A boat bailer, to be kept on board the kayak or stand up paddle board at all times.

   - A sound-signaling device, such as a whistle or horn, to be kept on board the kayak or stand up paddle board at all times.

   - A watertight flashlight to be kept on board the kayak or stand up paddle board at all times.

   - A 15-meter heaving line with float, to be kept on board the kayak or stand up paddle board at all times.

I affirm that I will check to ensure that all the above-listed equipment is available before entering the kayak or stand up paddle board, failing which I will not use the kayak or stand up paddle board and will report what is missing to the Owners. I affirm that I am capable and knowledgeable of the proper use of this equipment and accept full responsibility for any injury or loss arising from misuse or failure to use the equipment correctly.

SWIMMING ABILITY AND SOBRIETY

I affirm that:

- I can swim well enough to ensure my safety in the event of a capsize or other event requiring me to leave the kayak or stand up paddle board for any reason whatsoever.

- I will not consume alcohol or drugs before or during the use of the kayak or stand up paddle board. I understand that impairment from alcohol, drugs, or medication significantly increases the risk of injury or death.

LOSS OR DAMAGE TO EQUIPMENT

I agree to accept full responsibility for the care of the kayak, stand up paddle board, and related equipment during the rental period. I understand that I will be liable for any loss or damage to the kayak, stand up paddle board, and/or equipment, beyond normal wear and tear, and I agree to reimburse the Owners for the full cost of repair or replacement.

I further agree that some or all of the cost of the damage to the kayak, stand up paddle board, and related equipment may be taken from my damage deposit paid to the Owners for the rental of Dolomite Drift.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY

I hereby:

- RELEASE AND DISCHARGE the Owners, their employees, agents, assigns, volunteers, participants, and all other parties (the "Releasees") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, injury, including death, that I may sustain while participating in the kayaking and stand up paddle boarding activities, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise.

- INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Releasees from any and all liabilities or claims made by other individuals or entities as a result of my actions while participating in the kayaking and stand up paddle boarding activities.

By completing the form below, I acknowledge that I have read and understood the terms of this agreement, I am voluntarily choosing to participate in the kayaking and stand up paddle boarding activities, and I am aware of the potential risks and dangers involved.

NOTE: If the participant is under the age of 18, a parent or guardian must also sign