Terms & Conditions
Every individual using rental equipment is required to complete a release agreement/liability waiver. For those who are under age 19 the additional signature of a parent/guardian is required. Forms are available in-store to complete at the time of pickup, but note you will need all participants present. Alternatively, you can CLICK HERE TO DOWNLOAD THE FORM to print off and complete. You can have up to 6 individuals on the same form, and remember to have it witnessed before you arrive.
Following is an example of the content of the release agreement/liability waiver, it does not replace nor supersede the content of your signed form.
EQUIPMENT RENTAL AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the “Release Agreement”)
YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
To: FAR OUT GEAR RENTALS Inc. and its owners, directors, officers, employees, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors, and assigns (all of whom are hereinafter referred as “the Releasees”).
In this Release Agreement, the term “Equipment Rental” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: bike rental; canoe rental; kayak rental; raft rental; camping equipment rental; winter equipment rental; fishing equipment rental; orientation or instructional sessions, and other such activities, events and services in any way connected with or related to the rental of equipment.
I accept full responsibility for the equipment rented (“the Equipment”) and agree to pay for any repairs and damages to the Equipment and to replace the Equipment at full retail value if not returned by the agreed date or if the equipment is damaged for any such reason.
I acknowledge that I have been advised to always wear all necessary safety equipment, including lifejackets/personal floatation devices, helmets and other protective equipment. Using proper safety equipment may be mandatory under Provincial or Federal law. I am aware that the use of this equipment is subject to all applicable municipal, provincial and federal regulations including highway traffic regulations and Department of Transport regulations.
I am familiar with the proper use of the Equipment.
ASSUMPTION OF RISKS
I am aware that the use of this equipment involves risks, dangers and hazards in addition to those normally associated with travel in land and water based environments. Drowning, hypothermia and impact by other boats and boaters occurs frequently in the aquatic terrain used for boating activities and may be caused by but not limited to natural forces or boaters. Avalanches, rock fall, ice fall, rough terrain, and falls occur frequently in the terrain used for snowshoeing and other winter activities. The loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; mechanical failure of equipment; variation or changes in the riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, streams and creeks and manmade structures such as bridges, berms and jumps; changing weather conditions; travel on highways and backcountry roads; encounters with domestic and wild animals; collision with pedestrians; motor vehicle, and other cyclists occurs frequently in the terrain used for cycling activities and may be caused by but not limited to natural forces or by cyclists
I acknowledge and accept that I am responsible for predicting whether the terrain used is safe for the use of the Equipment or whether an accident may occur. The terrain, both land and water, where I will use the equipment may be uncontrolled, unmarked, and not inspected and involves many risks, dangers and hazards. These may include, but are not limited to: attacks by bears, dogs and other animals; ice and snow cornices, avalanches, trees, falling trees, tree wells, tree stumps, creeks, rocks, boulders, forest deadfall, holes and depressions on or below the snow or ground surface; impact or collision with other boaters, hikers, bikers, or skiers; white-water; re-circulating holes, rocks, ledges; failure to travel within one’s own ability or within designated areas; human error, failure to forecast or recognize a hazardous situation, negligence of other wilderness travelers; and NEGLIGENCE ON THE PART OF THE RELEASEES AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS, OR THEIR GUIDES, EMPLOYEES, AND CONTRATORS INCLUDING THE FAILURE OF FAR OUT GEAR RENTALS INC. OR THEIR EMPLOYEES, AGENTS AND CONTRACTORS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS AS A RESULT OF MY USE OF THE EQUIPMENT.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF HIS EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILIITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to rent me equipment and permitting my use of their services, equipment and other facilities, 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 that I have or may in the future have against the RELEASEES AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS 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, as a result of my use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLEGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warning, directions, instruction or guidance as to the use of the Equipment.
TO HOLD HARMLESS AND INDENIFY THE RELEASEES from any and all liability for any property damage, loss or personal injury to any third party resulting from my use of the Equipment.
This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely I accordance with the laws of the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of that Province.
Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts or that Province.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the releases with respect to the safety of my use of the Equipment, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTERS, ADMINISTRATORS, ASSIGNS AND REPERESENTATIVES MAY HAVE AGAINST THE RELEASEES.