Boat Rental Agreement and Waiver of Liability

This Boat Rental Agreement and Waiver of Liability (the “Agreement”) is entered into between Falcon Boats (“Company”) and the undersigned renter(s) (“Renter”). By signing this Agreement, the Renter acknowledges and agrees to the following terms and conditions:

1. Assumption of Risk

1.1 The Renter understands and acknowledges that boating and related activities carry inherent risks, including but not limited to:

• Collisions
• Capsizing
• Falling overboard
• Equipment malfunction
• Rapidly changing weather conditions
• Cold water immersion
• Drowning
• Injury from other watercraft
• Property loss or damage

1.2 The Renter voluntarily assumes all risks of injury, death, or property damage arising from the use of the rented vessel.

2. Compliance with Laws

2.1 The Renter agrees to comply with all applicable federal and provincial laws, including but not limited to:

• Canada Shipping Act, 2001
• Small Vessel Regulations (Transport Canada requirements for safety equipment and operator competency)
• Criminal Code of Canada (including impaired operation of a vessel)
• British Columbia Occupiers Liability Act
• Wildlife Act and any local environmental protection rules

2.2 The Renter confirms they possess the legally required Pleasure Craft Operator Card (PCOC) or meet Transport Canada’s competency requirements for operating a powered vessel.

3. Rental Terms

3.1 The Renter shall return the vessel to Falcon Boats in the same condition as received, normal wear and tear excepted.

3.2 The vessel may not be used for:

• Racing, towing, or unauthorized commercial purposes
• Operation under the influence of drugs or alcohol
• Operation outside approved areas designated by Falcon Boats

3.3 The Renter is fully responsible for the safety of all passengers and must ensure that Transport Canada–approved personal flotation devices (PFDs) are worn by all occupants at all times.

4. Damage Deposit

4.1 A refundable security deposit of $300 CAD is required prior to release of the vessel.

4.2 The deposit may be applied against:

• Loss or damage to the vessel or its equipment
• Late return fees
• Cleaning charges beyond normal use
• Any fines, penalties, or legal costs incurred during the rental

4.3 The balance of the deposit (if any) will be refunded within 7 business days after inspection of the vessel.

5. Indemnity & Release of Liability

5.1 The Renter hereby releases, waives, and forever discharges Falcon Boats, its owners, employees, agents, and affiliates from all claims, demands, damages, costs, expenses, or causes of action arising from injury, death, or property loss connected with the rental or operation of the vessel, except where caused by the gross negligence or willful misconduct of Falcon Boats.

5.2 The Renter agrees to indemnify and hold harmless Falcon Boats against any claims or liabilities arising from the actions or omissions of the Renter, their passengers, or invitees.

6. Insurance

6.1 Falcon Boats maintains liability coverage as required by Canadian law.

6.2 The Renter acknowledges that Falcon Boats’ insurance does not cover the Renter’s personal property, medical costs, or personal liability, and that the Renter is encouraged to obtain their own insurance.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. Any disputes shall be subject to the jurisdiction of the courts of British Columbia.

8. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9. Acknowledgment

By signing below, the Renter acknowledges that they have read and fully understand this Agreement, have had the opportunity to ask questions, and voluntarily accept the terms herein.