Liability waiver

A2SEA WATERSPORTS LTD.

RENTAL AGREEMENT · ASSUMPTION OF RISK · RELEASE OF LIABILITY · PAYMENT AUTHORIZATION · WAIVER

PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

1. PARTICIPANT AND BOOKING INFORMATION

The customer, participant, contact information, delivery location, and other booking information displayed in this waiver and the associated booking record form part of this agreement.

This waiver is intended for bookings where all participants are 19 years of age or older. If the booking information indicates that any participant is under 19 years of age, A2Sea Watersports Ltd. must approve the booking and obtain separate written consent from that participant's parent or legal guardian before any equipment is released.

2. ACKNOWLEDGEMENT OF RISK

I understand and acknowledge that kayaking, paddleboarding, and related water-based recreational activities involve inherent and significant risks that cannot be eliminated regardless of the care taken by A2Sea Watersports Ltd.

These risks include, without limitation: drowning, falling into water, hypothermia, rapidly changing weather conditions, wind, waves, currents, tides, boat traffic, collisions, equipment failure, physical exertion, delayed emergency response, and negligence of other participants or third parties.

I freely and voluntarily assume all risks associated with participation, including the risk of serious injury, permanent disability, or death, whether arising from the inherent risks of the activity or from the ordinary negligence of A2Sea Watersports Ltd. or its staff.

3. PARTICIPANT CERTIFICATIONS

By signing below, I certify that:

• I am at least 19 years of age, and all participants covered by this waiver are at least 19 years of age. If any participant is under 19, separate written parent or legal guardian consent must be completed and accepted by A2Sea Watersports Ltd. before equipment is released.

• I am in good physical health and am physically capable of safely participating in the rented activity.

• I will follow all safety instructions provided by A2Sea Watersports Ltd. staff at all times.

• I will wear a Transport Canada-approved personal flotation device (PFD), provided by A2Sea Watersports Ltd., at all times while using rental equipment on the water.

• I understand that A2Sea Watersports Ltd. provides equipment rental only. No instruction, lessons, tours, or guided excursions are provided, and all rental equipment is non-motorized. I am solely responsible for my own decisions regarding my ability to safely operate the rented equipment.

• I am not under the influence of alcohol, cannabis, illegal drugs, prescription medications, or any substance that may impair my judgment, coordination, or ability to participate safely.

• I have had a reasonable opportunity to read this agreement in full, to ask questions, and to seek independent legal advice before signing. I sign freely and without duress.

4. APPROVED OPERATING AREA

Rental equipment may only be used within the operating area designated by A2Sea Watersports Ltd. at the time of booking or delivery.

The participant will be informed of the approved operating area prior to or at the time of delivery, and this area may vary by booking.

Leaving the approved operating area without prior written authorization may result in immediate termination of the rental without refund, and the participant will be responsible for all recovery, transportation, retrieval, and administrative charges incurred.

5. EQUIPMENT RESPONSIBILITY

I accept full responsibility for all equipment rented to me from the time of delivery until the time of confirmed pickup by A2Sea Watersports Ltd.

I agree to return all equipment in the same condition as received, ordinary wear and tear excepted.

I am financially responsible for all costs arising from loss, theft, damage, destruction, misuse, or failure to return equipment, including repair costs, replacement costs, recovery costs, and associated administrative charges.

Equipment Return Responsibilities (Delivery Model):

I agree to have all rented equipment assembled, rinsed if reasonably possible, and ready for pickup at the agreed location and time.

If equipment cannot be located at pickup or if A2Sea Watersports Ltd. staff must search for equipment, a recovery and wait-time fee of $30.00 per 15-minute period may apply.

6. DELIVERY-SPECIFIC TERMS

A2Sea Watersports Ltd. provides a delivery and pickup service. The following terms apply specifically to this model:

• No-Show at Delivery: If no authorized person is present at the agreed delivery location within 15 minutes of the scheduled delivery time, and A2Sea Watersports Ltd. is unable to reach the participant by phone, the delivery may be cancelled. A flat cancellation fee equal to 50% of the total rental amount will be charged to cover operational costs. The remaining 50% will be refunded. No refund will be issued where the participant provided less than 2 hours’ notice of cancellation prior to the scheduled delivery time.

• Unsafe Delivery Conditions: A2Sea Watersports Ltd. reserves the right to decline delivery if, upon arrival, the designated drop-off location is deemed unsafe, inaccessible, or unsuitable. In such cases, the participant will be contacted to arrange an alternative location or time. If no suitable arrangement can be made within 15 minutes, the rental may be cancelled and a full refund issued.

• Participant Responsibility During Rental Period: Once equipment has been delivered and accepted, the participant assumes full responsibility for the safety and security of the equipment until it is retrieved by A2Sea Watersports Ltd.

7. PAYMENT AUTHORIZATION

I expressly authorize A2Sea Watersports Ltd. to charge the payment method on file for my booking for any amounts owing under this agreement, including but not limited to: equipment damage, loss, theft, repair costs, replacement costs, recovery costs, transportation costs, excessive cleaning costs, late-return fees, no-show fees, and any other charges described herein.

Payment card information is securely processed through A2Sea Watersports Ltd.’s payment processor. Card details are not stored directly by A2Sea Watersports Ltd.

Charges will be itemized and a receipt provided upon request. I understand that I may dispute any charge by contacting A2Sea Watersports Ltd. directly within 14 days of the charge.

8. LATE RETURN POLICY

A 15-minute grace period applies to all returns. After the grace period, a late-return fee of $15.00 will be charged for each additional 15-minute period or part thereof.

Where a late return causes operational disruption, requires emergency retrieval, results in lost bookings, or requires customer refunds to third parties, additional charges reflecting actual losses incurred may apply.

9. SAFETY, WEATHER AND SERVICE TERMINATION

A2Sea Watersports Ltd. reserves the right to refuse service, modify, cancel, or terminate any rental at any time where safety concerns exist, including but not limited to adverse weather, hazardous water conditions, or participant conduct that poses a risk to themselves or others.

Weather Cancellations by A2Sea Watersports Ltd.:

Where A2Sea Watersports Ltd. cancels or terminates a rental due to weather or safety conditions before the equipment has been used, the participant will receive a full refund or the option to reschedule at no additional charge.

Termination Due to Participant Conduct:

Failure to wear a PFD as instructed, operating under the influence of any impairing substance, leaving the approved operating area without authorization, or any other unsafe or prohibited conduct may result in immediate rental termination without refund.

10. EQUIPMENT CONDITION

Equipment is provided in the condition represented at the time of delivery.

Except where prohibited by applicable law, equipment is provided without warranties or guarantees regarding suitability for any particular purpose beyond its intended recreational use.

Participants are encouraged to inspect equipment upon delivery and immediately report any pre-existing damage to A2Sea Watersports Ltd. before use.

11. MEDICAL AUTHORIZATION

I authorize A2Sea Watersports Ltd. and its staff to seek emergency medical assistance on my behalf if I am incapacitated or otherwise unable to do so myself.

I understand and agree that I am solely responsible for all resulting medical expenses.

I represent that I have no medical condition that would make participation in these activities inadvisable without first consulting a physician.

12. RELEASE OF LIABILITY

To the fullest extent permitted by the laws of British Columbia and Canada, I hereby release, waive, discharge, and agree to hold harmless A2Sea Watersports Ltd., and its directors, officers, employees, contractors, agents, representatives, volunteers, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, actions, or causes of action arising from or related to:

• Personal injury, illness, permanent disability, or death sustained during participation or in connection with the use of rental equipment;

• Property damage or economic loss arising from participation or use of rental equipment;

• The negligence of the Released Parties, except where such negligence constitutes gross negligence or willful misconduct.

13. INDEMNITY

I agree to indemnify and hold harmless the Released Parties from any and all claims, liabilities, losses, expenses, damages, legal fees, or costs arising from:

• My actions or omissions during the rental period;

• My misuse of rental equipment;

• My breach of any term of this agreement; or

• Any third-party claims arising from my conduct.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, the total aggregate liability of A2Sea Watersports Ltd. to any participant for any claim arising out of or related to this agreement or the rental of equipment shall not exceed the total rental fees paid by the participant for the specific rental giving rise to the claim.

This limitation applies regardless of the form of the claim, whether in contract, tort, or otherwise.

15. 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.

The parties agree to submit to the exclusive jurisdiction of the courts of British Columbia for any dispute arising under this agreement.

16. SEVERABILITY

If any provision of this agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, that provision shall be deemed severed from this agreement and the remaining provisions shall continue in full force and effect.

17. ACKNOWLEDGEMENT AND ELECTRONIC SIGNATURE

I confirm that I have read this agreement in its entirety, that I understand its contents, and that I am aware I am giving up substantial legal rights by signing.

I sign this agreement freely and voluntarily, without duress.

I agree that my electronic signature submitted through this website is intended to have the same effect as my handwritten signature and confirms my agreement to be bound by all terms of this waiver.