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in Fundy National Park
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See our cancellation policy below.
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Equipment Rental Agreement
IMPORTANT: A valid credit card is required to book online. We do not charge the card, unless there is a cancellation. See our cancellation policy below. Please bring your preferred method of payment at time of check-in.
This Rental Agreement needs to be agreed to by those who are renting equipment. If you have questions, please contact us at email@example.com.
By signing this Agreement, you are agreeing to the terms of equipment rental and you are waiving certain legal rights, including the right to sue or claim compensation following any incidents or accidents. Please read carefully. A parent or legal guardian must sign on behalf of any minor children under the age of 19.
In consideration of receiving the rental equipment, I agree as follows:
DEFINITIONS. Outdoor Elements, Inc. (hereinafter referred to as “OE”), The Fundy Adventure Centre, all related companies and their respective owners, directors, officers, employees, volunteers, sponsors, agents, representatives, instructors, guides, contractors, subcontractors, suppliers, sponsors, successors and assigns, and to the manufacturers and distributors of the rental equipment, and their directors, officers, agents and representatives, and HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, REPRESENTED HEREIN BY THE MINISTER OF THE ENVIRONMENT FOR THE PURPOSES OF THE PARKS CANADA AGENCY (all of whom hereinafter collectively referred as "the Releasees”). “Activities” includes any activities, events or services for which the renter uses the equipment, whether such activities are undertaken as part of an OE program or by the renter independently and includes transportation of equipment. Activities include, but are not limited to: skiing, snowboarding, snowshoeing, camping, hiking, bicycling, kayaking, canoeing, paddle boarding, and team-building activities. “Equipment” includes watercraft, bicycles, hiking gear, camping gear, and all other associated equipment including helmets and personal floatation devices available for rent from OE.
a) I accept full responsibility for care of the Equipment rented to me. I agree to pay for any damage to the Equipment while it is in my possession, including the full replacement cost of any equipment rendered unusable or not returned.
b) Equipment not returned by the agreed time is subject to extra charges.
c) I am familiar with the proper use of the Equipment and agree to use the Equipment only for its intended purpose. I understand that OE rental personnel are able to answer questions that I may have as to the proper use of the Equipment.
d) I confirm that if I am renting Equipment for which further protective equipment is recommended by Releasees or required by law that I will wear such protective equipment at all times. Examples include, but are not limited to, helmets and life-jackets.
e) I am fully capable of participating in the Activities without causing harm to others or myself. I take responsibility for my own safety and I agree to follow all applicable rules, laws and directions for participation.
FUNDY ADVENTURE CENTER CANCELLATIONS POLICY
As a rental company, last minute cancellations can be costly. At the same time, we understand that things come up, and we don’t feel right about charging the full rate when you can’t enjoy the experience. Please see our Cancellation Policy for Boat Rentals, Bike Rentals, and Gear rentals. To cancel your reservation please contact us directly at (506) 433-3060.
To hold your reservation Outdoor Elements uses a secure payment provider (Stripe) to store your credit card information. This information is encrypted, and is only accessible when checking you in to complete payment, or in the event of a cancellation.
All cancellations made outside of 24 hours will be refunded 75% of the total rental fee. The 25% deposit is withheld as a processing fee. Cancellations made with less than 24 hours notice (including ‘no-shows’) will be charged in full for their rental. Any refunds given will be charged back to the credit card provided during reservation.
CANCELLATIONS DUE TO WEATHER/UNSAFE CONDITIONS
Changes in weather can happen at a moments notice, so to ensure a high-level of safety is provided, we reserve the right to cancel at anytime due to poor weather conditions. In the event that your rental is canceled a full refund, including the 25% deposit, will be issued back to the credit card used to book the reservation.
ASSUMPTION OF RISKS
I freely and voluntarily agree to assume all risk of personal injury, death, property loss or damage, mental distress to myself or others resulting from the acknowledged risks of my rental of the Equipment and participation in the Activities regardless of the cause. NEGLIGENCE ON THE PART OF THE RELEASEES INCLUDING FAILURE TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES AND EQUIPMENT IS PART OF THE ASSUMED RISK.
I acknowledge that participation in the Activities for which the Equipment is used may involve risks, dangers and hazards including but not limited to:
Embarking, riding and disembarking from vehicles, lifts, boats, bicycles and other equipment including loss of balance, Overturning or upsetting of boats, bicycles and other equipment, variable and uncertain weather conditions and water conditions, during transportation or travel to or from locations as a pick up or drop off service, damage to vehicle or other personal property during the transportation or use of equipment
Collisions or impacts involving:
Natural objects such as wildlife, uneven terrain, exposed earth, rocks, ice, holes, cliffs, tree stumps, tree wells, forest deadfall, crevasses, and the banks and beds of water bodies.
Unnatural objects such as roads, trails, vehicles, sports equipment, fences and other structures.
Other people, including other participants in the activities, spectators, and other users of the same facilities. I also acknowledge that specific risks may be marked or unmarked, and may depend on the specific Activities and season. I further acknowledge that serious injury or death can result even with knowledge of the above risks, even when using properly functioning equipment, wearing proper protective equipment and following all applicable rules and direction.
WAIVER OF CLAIMS AND RELEASE FROM LIABILITY
In consideration of the Releasees renting me the Equipment and enabling my participation in the Activities, I hereby agree to waive any and all claims that I may have now or in the future against the Releasees, and to release the Releasees from any and all liability for any personal injury, death, property loss or mental distress that I or others may suffer from my use of the Equipment and participation in the Activities regardless of the cause. I hereby covenant not to sue the Releasees for not protecting me from the risks that I have acknowledged and voluntarily assumed through this Agreement.
I agree to hold harmless and indemnify the Releasees from any and all liability for personal injury or property damage claimed by me or by a third party resulting from my use of the Equipment and participation in the Activities. I agree to accept financial responsibility for any harm caused to myself or a third party through my participation such as but not limited to medical care, search and rescue, evacuation and litigation. If the Releasees are required to incur legal fees or other costs in order to enforce this Agreement against me then I agree to reimburse such costs.
AGE OF MAJORITY
I CONFIRM THAT I AM THE FULL AGE OF NINETEEN (19) YEARS AND I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement is the whole agreement between the Releasees and myself on the topic that it concerns, and I am not relying on any other representations or statements made by the Releasees on this topic. If any part of this Agreement is found to be invalid then the remainder remains in full force and effect. In the event of my death or incapacity, this Agreement is binding on my heirs, next of kin, executors, administrators, assigns and representatives. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of New Brunswick, and any litigation concerning this Agreement shall be brought within the Province of New Brunswick.
PHOTO/VIDEO RELEASE - I consent to photographs and/or video taken of me (and any minor children listed) being used for advertising, promotional or marketing purposes unless otherwise advised.
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