Rogue Marine Rentals Ltd. Rental Agreement, Waiver and Release of Liability

Important Notice

This Waiver and Release of Liability Agreement is intended to be a legally binding document. Please read this Agreement carefully and completely before signing. You may wish to consult legal counsel regarding this Agreement.

By signing this Agreement, the undersigned acknowledges that they have read, understood and agreed to all terms and conditions contained herein.

Rogue Marine Rentals Ltd., including its subsidiaries and affiliates, collectively referred to as “The Company,” agrees to provide equipment for rental, demo, training, tours, lessons or related activities subject to the terms and conditions of this Agreement.

The term “Equipment” used throughout this Agreement includes but is not limited to boats, personal watercraft, lifejackets, anchors, paddles, mooring lines, safety equipment, towing equipment, accessories and any additional equipment provided by The Company.

This Agreement shall commence on the rental date (“Effective Date”) and shall remain in full force and effect until all Equipment has been returned to and accepted by The Company.

All persons renting, operating, participating in or using Equipment supplied by The Company must sign and agree to the terms of this Agreement prior to participation in any activity or use of Equipment.

The Company shall at all times retain ownership and title to all Equipment.

Assumption of Risk

The undersigned acknowledges and understands that boating, personal watercraft operation, towing activities, watersports and related recreational activities involve inherent risks, dangers and hazards that may result in serious personal injury, property damage, illness, drowning, permanent disability or death.

The undersigned further acknowledges that risks may arise from, including but not limited to:

• water conditions;
• weather conditions;
• storms;
• high winds;
• waves and wakes;
• shallow water;
• submerged objects;
• rocks and reefs;
• mechanical failures;
• equipment malfunction;
• collisions;
• operator error;
• negligence of participants or third parties;
• towing activities;
• vehicular accidents;
• slips and falls;
• swimming or drowning incidents; and
• failure of The Company or others to warn of risks or hazards.

The undersigned freely and voluntarily accepts and fully assumes all risks, dangers and hazards associated with participation in activities involving The Company and the use of Equipment.

Release of Liability

In consideration of being permitted to participate in activities involving The Company and use the Equipment, the undersigned hereby releases, waives and forever discharges The Company, its owners, affiliates, employees, contractors, agents, representatives, instructors, drivers, successors and assigns from any and all liability, claims, demands, actions, causes of action, damages, costs or expenses of any kind whatsoever arising from or relating to:

• personal injury;
• death;
• property damage;
• economic loss; or
• other losses

whether caused by negligence or otherwise, arising directly or indirectly from participation in activities involving The Company or use of the Equipment.

This release applies whether such claims are known or unknown, anticipated or unanticipated.

Indemnification

The undersigned agrees to indemnify, defend and hold harmless The Company and its owners, affiliates, employees, contractors, agents, representatives, successors and assigns from and against any and all claims, liabilities, damages, losses, fines, penalties, legal fees, costs or expenses arising from:

• the undersigned’s use, operation or possession of Equipment;
• participation in activities involving The Company;
• damage to Equipment;
• injury to any person;
• damage to property;
• violation of laws or regulations; or
• breach of this Agreement.

Participant Responsibility

The undersigned acknowledges that they are responsible for determining their own suitability to participate in boating and watersport activities.

The undersigned is strongly encouraged to consult a physician prior to participation if they have any medical conditions, impairments, limitations or concerns, including but not limited to pregnancy, swimming ability or physical limitations.

The undersigned acknowledges that the Equipment has been examined prior to use and is accepted in good condition unless otherwise noted.

The undersigned further acknowledges that any pre-existing damage or operational concerns identified during the pre-rental inspection process have been disclosed, documented or photographed where applicable.

Security Deposit & Payment Authorization

The undersigned authorizes The Company to charge the credit card on file for rental charges, fuel charges, damages, cleaning fees, late fees, towing, recovery, administrative fees, fines, penalties, replacement costs and any other amounts owing under this Agreement.

The undersigned acknowledges that security deposits or pre-authorizations may be processed before, during or after the rental period and may be adjusted based on damages, fuel usage, missing equipment, late returns or other charges permitted under this Agreement.

GPS & Tracking Disclosure

The undersigned acknowledges that certain Equipment may utilize GPS, telematics or tracking technology for safety, operational, security, theft prevention, recovery, maintenance, insurance and fleet management purposes.

Weather & Water Conditions

The undersigned acknowledges that weather and water conditions may change rapidly and agrees to continuously operate the Equipment safely and responsibly based on existing conditions.

The undersigned accepts responsibility for monitoring weather, water, navigation and boating conditions during the rental period.

The Company does not guarantee weather conditions, water conditions, fishing conditions, water clarity, wave conditions or suitability of conditions for any particular activity.

Navigation Responsibility

Any navigation app, GPS, chartplotter, map or navigation guidance provided or recommended by The Company is for assistance only.

The operator remains responsible for safe navigation, maintaining proper lookout and avoiding hazards, shallow water, rocks, reefs, restricted areas, unsafe conditions and other vessels.

All operators must operate according to posted speed limits, no-wake zones, navigation markers and all applicable laws and regulations.

Personal Property

The Company shall not be responsible for lost, missing, damaged or abandoned personal property brought onto, stored within, transported by or left in or around the Equipment or Company property.

The undersigned assumes all responsibility for securing and protecting personal belongings during the rental period.

Equipment Responsibility

When engaging in the rental or use of The Company Equipment, the undersigned agrees to accept full responsibility for the care, condition, security and proper use of all Equipment while it is in their possession or control.

The undersigned agrees to pay all reasonable repair, replacement, recovery, salvage, towing, retrieval, cleaning, storage, administrative, fuel and related costs resulting from damage, misuse, neglect, loss, collision, grounding, improper operation, failure to return the Equipment in the condition provided or violation of this Agreement, reasonable wear and tear excepted.

The undersigned further agrees to be responsible for costs associated with towing, recovery, salvage, grounding, retrieval or recovery of Equipment resulting from misuse, negligence, operator error, unsafe operation or violation of this Agreement.

The undersigned acknowledges responsibility for underwater strikes, propeller damage, impeller damage, lower unit damage, surf system damage, hull damage, grounding damage or impacts caused during operation of the Equipment.

Excessive cleaning, staining, smoking residue, biohazard cleanup, abnormal mess, sand, garbage or other conditions requiring additional cleaning or remediation may result in additional cleaning charges.

Should any Equipment become lost, missing, damaged or not returned, the undersigned agrees to pay the reasonable repair cost or full replacement value of the Equipment as reasonably determined by The Company.

The undersigned agrees to return all Equipment on the agreed-upon return date and time.

If Equipment is not returned as agreed, The Company is authorized to charge the credit card on file applicable rental charges, late fees, recovery costs, damages and other applicable charges until the Equipment has been returned and inspected.

Safety Equipment

The undersigned acknowledges that The Company has provided applicable safety equipment and safety orientation relating to the use of the Equipment.

The undersigned acknowledges that the locations and general use of applicable emergency and safety equipment, including lifejackets, fire extinguishers, signaling devices and emergency procedures, have been explained prior to departure.

The undersigned agrees to properly use all required safety equipment and comply with all instructions provided by The Company.

Operator Requirements

The undersigned acknowledges and agrees that minimum operator age requirements vary depending on the type of Equipment rented. Certain Equipment may require operators to be at least 18 years of age, while other Equipment may require operators to be at least 21 or 25 years of age.

Rogue Marine Rentals reserves the right to determine operator eligibility requirements for each rental unit acting reasonably and in accordance with operational, safety, insurance and legal requirements.

All operators must:

• hold a valid driver’s license;
• hold a valid Pleasure Craft Operator Card (PCOC), Rental Boat Safety Checklist or temporary proof of competency provided by The Company where permitted by law;
• be competent to safely operate the Equipment;
• be registered with The Company prior to operating Equipment; and
• sign all required waivers, agreements and safety documents.

The undersigned agrees not to permit operation of the Equipment by any unauthorized person.

Passenger Disclosure & Capacity Limits

All passengers must be disclosed to The Company before departure and must complete any required waiver, acknowledgement or safety documentation.

Each rental unit has a maximum passenger and weight capacity that must be followed at all times.

The renter is responsible for ensuring the Equipment is not overloaded and that all passengers comply with safety requirements throughout the rental period.

Unauthorized passengers or operators may result in termination of the rental without refund.

Prohibited Use

The undersigned acknowledges and agrees that use of Equipment in any of the following circumstances is strictly prohibited and shall constitute negligent or intentional misuse of Equipment:

• participation in races or contests;
• towing another vessel;
• operation for illegal purposes;
• operation while under the influence of alcohol, drugs, narcotics or intoxicants;
• operation before dawn or after dusk unless otherwise approved by The Company;
• operation by unauthorized persons;
• reckless or unsafe operation; or
• operation contrary to applicable laws or regulations.

Alcohol, cannabis, drugs or intoxicating substances are not permitted to be consumed or used by any person onboard or occupying the Equipment.

Operators and passengers must not be impaired during the rental period.

The Company reserves the right to terminate the rental without refund if Equipment is operated in an unsafe, reckless, abusive, illegal or unauthorized manner.

Towed Watersport Activities

If the undersigned participates in any towed watersport activities using the Equipment, the undersigned represents that they are competent in safe towing practices and have disclosed their intention to participate in such activities to The Company.

Compliance With Law

The undersigned agrees to operate the Equipment in compliance with all applicable federal, provincial and local laws, statutes, regulations and boating requirements, including but not limited to:

• the Canada Shipping Act; and
• the Criminal Code of Canada.

The undersigned agrees to pay any fines, penalties, sanctions, tickets, towing charges, impound fees or legal costs arising from their use, operation or possession of Equipment.

Overnight Rentals & Storage Approval

For overnight rentals, the storage, docking, mooring or parking location of the Equipment must be approved by The Company before the rental period begins.

The undersigned is responsible for ensuring the Equipment is safely secured, protected and monitored during any overnight rental period.

Damage, loss, theft, weather damage, improper storage or failure to secure the Equipment during an overnight rental remains the responsibility of the undersigned.

Mechanical Breakdown & Operational Interruption

The Company shall not be liable for delays, interruptions, weather losses, accommodations, transportation costs, missed activities, lost time, inconvenience or consequential damages resulting from mechanical issues, operational interruptions, weather conditions, safety concerns, breakdowns or circumstances beyond The Company’s reasonable control.

The Company reserves the right to substitute Equipment, delay departure, modify rental periods, return Equipment to shore or terminate rentals where deemed reasonably necessary for safety, operational, mechanical, weather or business reasons.

Staff Authority & Safety Compliance

The undersigned agrees to comply with all reasonable instructions, directions, safety briefings, navigation guidance, operational limitations and decisions provided by The Company and its staff.

Failure to comply with Company instructions or safety requirements may result in immediate termination of the rental without refund.

Accident Reporting

The undersigned agrees to notify The Company as soon as reasonably practical of any accident, damage, injury, grounding, collision, loss, mechanical issue or circumstance that could give rise to a claim.

The undersigned agrees to cooperate fully with The Company and provide requested information regarding any incident.

Media Release

The undersigned grants permission for photographs, videos or digital media captured during rental activities to be used by The Company for promotional, marketing, advertising, website and social media purposes without compensation.

Smoking & Vaping Policy

Smoking, vaping, cannabis use or use of any similar products is strictly prohibited inside or on the Equipment.

The undersigned agrees that violation of this policy may result in additional cleaning, deodorizing, damage, remediation or penalty charges and may result in immediate termination of the rental without refund.

Shoe Policy

To help protect flooring, upholstery, surf systems and interior finishes, The Company may require removal of footwear while onboard certain Equipment, including wake boats and premium rental units.

The undersigned agrees to comply with all footwear and onboard care instructions provided by The Company.

Docking, Mooring & Beaching

The undersigned agrees to operate, dock, anchor, beach, moor and secure the Equipment safely and responsibly at all times.

Beaching, grounding, improper docking, negligent mooring, tying to unsafe structures or failure to adequately secure the Equipment may result in damage charges, recovery charges or other fees.

The undersigned accepts responsibility for damage resulting from contact with docks, shorelines, rocks, submerged objects, trailers, lifts or other vessels.

Operating Area Restrictions

The undersigned agrees to operate the Equipment only within approved operating areas disclosed by The Company.

Operation outside approved areas, excessive distance travel, crossing into restricted waterways or use in unsafe or unauthorized locations may result in additional charges, termination of the rental, recovery fees or other penalties permitted under this Agreement.

Pet Policy

Pets are permitted only with prior approval from The Company.

The undersigned agrees to be fully responsible for any damage, excessive cleaning, upholstery damage, scratching, staining, odors, hair removal or other issues caused by pets during the rental period.

The Company reserves the right to apply additional cleaning, repair or damage charges resulting from pets.

Termination of Rental

On failure of the undersigned to comply with any term of this Agreement, The Company may immediately terminate the rental and require return of the Equipment.

Such termination shall not affect any amounts owing under this Agreement.

Severability

If any provision of this Agreement is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions shall remain in full force and effect.

Entire Agreement

This Agreement represents the complete and entire understanding between the parties and supersedes all prior communications, understandings or agreements relating to the subject matter herein.

This Agreement may only be modified in writing by The Company.

Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

The undersigned agrees that any legal proceeding relating to this Agreement shall be brought exclusively within the Province of Ontario.

Electronic Signature Consent

By electronically signing this Agreement, the undersigned consents to the use of electronic signatures in place of original handwritten signatures.

The undersigned acknowledges that electronic signatures are legally binding and enforceable.

The undersigned may request a paper copy of this Agreement at any time.

Acknowledgement

By signing below, the undersigned acknowledges that they:

• have carefully read this Agreement;
• understand its contents;
• understand that they are giving up substantial legal rights;
• understand that this Agreement affects their legal rights and obligations;
• voluntarily agree to all terms and conditions contained herein; and
• sign this Agreement freely and voluntarily.

This Agreement shall be binding upon the undersigned and their heirs, executors, administrators, legal representatives, successors and assigns.

If the participant is under the age of 18, this Agreement must be signed by a parent or legal guardian.