Terms and Condition

We ask all passengers to sign a Boat Rental Agreement is made by and between Beigne Flottant Inc and the Renter and is effective as of the date located next to the signature of the renter.

1. We ask all passengers name, address, phone number, email, date of birth. And credit card of the responsible designed captain of the boat.

2. Rental Rate and Rental Duration.
The boat and all associated equipment is rented. Payment is due immediately upon execution of this agreement. Any pre-payment made in the full amount has to be paid online before arrival.

3. GENERAL TERMS AND CONDITIONS
This rental agreement sets forth the entire agreement, except for the attached liability waiver, and further constitutes the understanding between the parties, and all prior discussions, agreements, representations, negotiations, and understandings concerning the matters included in this rental agreement are merged herein. Additionally, the consideration stated herein constitutes the entire, complete, and full consideration of this rental agreement, and no other consideration shall be paid by one party to another party, unless otherwise stated herein. If any provision or portion of this rental agreement is declared to be void or unenforceable by a competent court, the remainder of the rental agreement shall remain valid and enforceable for any party to this rental agreement. This rental agreement shall be governed and interpreted according to the laws of the Province of Quebec and shall take place in the county of Montreal, Quebec. In the event that Beigne Flottant Inc. prevails in any dispute or claim concerning the enforcement of the provisions herein, I agree to pay and indemnify Beigne Flottant Inc. for its litigation expenses, including, but not limited to, reasonable attorney’s fees and court costs, without excluding any incurred collection costs. This rental is a crewless charter and does not include any crew members. I acknowledge and agree that this rental agreement is only a contract between Beigne Flottant Inc. and myself, the undersigned.

OBLIGATIONS TO GIVE WAY TO OTHER VESSELS AND VESSEL PRIORITY. (i). A. Restricted navigation zones, fish protection zones, and other areas where navigation is prohibited or navigation speed is regulated must be respected. Regulatory buoys, including slow speed buoys, no wake buoys, and miles per hour buoys, as well as navigation aids, shall also be covered. B. I acknowledge and agree that there may be changes in weather or water conditions and appropriate responses to these changes. C. I acknowledge and agree to the requirements of exercising caution in all matters pertaining to operating a boat when a person is waterskiing behind another boat or engaging in similar activities. D. Boating accidents. D.1 Causes and prevention of accidents: Legal requirements – I acknowledge and agree that in case of an accident, I am to remain at the scene; render assistance; report the accident. E. I acknowledge receiving explanatory training on boat operation and the propulsion characteristics of the engine, steering, and braking of vessels in general and the specific vessel being rented. F. I have seen, been shown, and know the location and content of the manufacturer’s warning labels as well as the maximum weight allowed for this type of boat. G. I acknowledge and agree to the consequences and actions to be taken in case of boarding, taking on water, and reboarding, as well as emergency procedures to handle such situations. H. I acknowledge and agree to have chosen a person from our passenger group to be responsible for looking out for and ensuring second visibility at all times of other vessels and visibility by them. I. I acknowledge and recognize the danger of wave jumping and agree not to attempt to circumvent the prohibition of wave jumping. J. I acknowledge and agree to the prohibition of excessive noise, nuisances, and other environmental issues. K. I have received training and been instructed on specific safety requirements for personal watercraft (wearing life jackets, using the emergency shut-off device, location of the sound device and fire extinguisher, age requirements for operating personal watercraft, and authorized boating hours). L. I acknowledge renting a vessel with a 9.9 horsepower engine for a one-day rental with this rental contract allowing me to rent this vessel for the day, and I acknowledge the laws regarding boating safety identification cards;. M. I acknowledge and agree to provide my photo identification. N. As a boat renter, you are not allowed to engage in diving activities. However, it is important to note that if you encounter dive flags during your boat ride, you must adhere to certain measures to ensure the safety of everyone. This includes maintaining a safe distance from divers and emitting audible signals to indicate your presence. Please also note that red and white dive flags are used to indicate the presence of divers. O. I acknowledge the importance of being aware of potential fish and wildlife species. I commit to preserving them, taking necessary precautions, and adhering to safety rules to avoid any negative impact during the boat rental. I understand that if I wish to engage in recreational fishing during the boat rental in Montreal, Quebec, I am responsible for obtaining the necessary permits and authorizations in accordance with local fishing regulations. I pledge to respect these rules and regulations and assume full responsibility for the legality of my fishing activities during the rental period, releasing Beigne Flottant Inc from any liability related to my fishing activities. P. As a boat renter, I recognize the importance of being aware of the ecosystems and specific issues of the locations such as the Lachine Canal and the Rivière des Prairies, in order to preserve the environment and ensure my own safety as well as that of other boaters. I commit to educating myself about local issues, complying with current regulations, and adopting responsible practices to minimize any negative impact on the ecosystems and ensure a safe boating experience. Q. I acknowledge that I have received training on operating the Beigne BBQ Boat and confirm that I am familiar with the specific operational characteristics of the rented vessel. R. I acknowledge the importance of considering the local characteristics of the waterway where the rented vessel will be used, including navigation hazards, restricted areas, and water depths. I commit to familiarizing myself with these characteristics and navigating with caution to ensure my own safety and avoid any incidents or damages during the boat rental. S. I am familiar with the location and acknowledge knowing how to properly use the boat’s safety equipment. T. I acknowledge that I have an obligation to operate at a speed below the minimum wake speed within 300 feet of an emergency vessel displaying its emergency lights, as well as within 300 feet of a construction vessel or barge displaying an orange flag. I pledge to comply with this obligation to ensure the safety of other vessels and individuals involved, and to take all necessary precautions to avoid any incidents or hazards during the boat rental. U. I acknowledge the importance of being vigilant and respectful towards paddlecraft, such as canoes, kayaks, and others, that may be present in the navigation channel. I commit to being attentive to their presence, giving them priority when necessary, and adhering to specific passing, traffic, and navigation rules to ensure the safety of all waterway users during the boat rental. V. I acknowledge the importance of proper use of navigation lights and audible signals in accordance with navigation rules. I pledge to comply with these rules, turn on navigation lights when necessary, and use audible signals appropriately to ensure safe navigation and avoid collision risks with other vessels during the boat rental. W. I acknowledge the importance of proper procedures for docking, mooring, and anchoring the vessel. I commit to following these procedures, strictly adhering to them, and taking necessary precautions to ensure safe mooring and avoid any damage to the vessel during the boat rental. X. I acknowledge the importance of knowing and adhering to the vessel’s capacity limitations, in our case a maximum capacity of 6 persons and a total maximum weight of 800 pounds, including equipment. I commit to not exceeding the maximum number of allowed passengers and ensuring that the total weight on board does not exceed the specified maximum capacity, in order to ensure the safety and stability of the vessel during the rental period. (ii). In addition to the subjects listed in the preceding paragraph, I acknowledge receiving the necessary training and instructions regarding the following topics: navigation rules, emergency procedures, maneuvering techniques, speed limits, potential hazards, and specific safety precautions for the vessel. I pledge to apply this knowledge during the boat rental to ensure safe and responsible navigation. (iii). I acknowledge receiving an on-water demonstration and verification of my ability to safely operate the vessel from the rental company. I accept that this demonstration and verification are essential to ensure my safety and the safety of others during the boat rental.

TRANSPORT CANADA SAFETY CHECKLIST
I have been adequately shown the location and procedures to access and use all safety equipment on board the vessel to my satisfaction. I have been provided with a copy of the boat’s safety checklist for future review if necessary. I am confident in my knowledge; I have the required minimum experience and physical ability to perform the procedures described in the attached boat safety checklist.
Boat and Equipment Usage Rules The renter agrees to use all equipment, including the boat, life jacket, engine, fuel tank, ropes, anchor, and distress flares/whistle (hereinafter collectively referred to as “the boat equipment”) solely for personal recreational purposes, always keeping safety in mind and giving it top priority, in accordance with ALL of the following rules.
A. The renter and the renter’s guests must comply with all federal, provincial, and local laws, ordinances, rules, or regulations regarding the use and operation of the boat equipment, as well as any legal directives from emergency services or law enforcement officers when using the boat equipment.
B. The renter and the renter’s guests must not at any time let their legs hang over the sides of the boat when the engines are running and/or in motion. This is against the law and dangerous. You could be pulled under the boat, resulting in serious injury or even death.
C. The renter and the renter’s guests must ensure that all passengers, as well as each body part such as arms, feet, and legs, are inside the vessel to ensure the safety of everyone BEFORE the ignition key is inserted and the boat engine is started. All passengers must be seated. No passenger may stand and/or climb on the boat and/or ladder when the boat engine is running and/or in motion. D. The renter and the renter’s guests must ensure that the engine is in the down position and the ignition key is removed before allowing anyone to engage in water activities. E. The renter and the renter’s guests must not allow more than 6 people on board the boat at any time. F. The renter must be at least 21 years old to operate the boat. G. The renter and the renter’s guests must not jump and/or dive from the boat at any time. H. The renter and the renter’s guests must designate a competent and sober lookout for water activities. Alcohol is not permitted beyond a blood alcohol concentration (BAC) of 0.08, in accordance with the legal limit allowed by the Province of Quebec. I. The renter and the renter’s guests have been informed and know the location of all safety equipment on this vessel. J. The “renter and/or operator” must not consume or be under the influence of an intoxicating substance (including, but not limited to, alcohol with a BAC higher than 0.08 or any other controlled substance, including prescription medications that may cause drowsiness and/or impair judgment) while using the boat equipment and supervising their guests who must abide by the rules mentioned here. I (the renter) also understand that I am responsible for the safety of all individuals on board. I (the renter) know the location of all safety equipment and have no further questions. K. The renter and the renter’s guests must not allow pets on board the boat. L. The renter and the renter’s guests must not create unreasonable or excessive noise when using the boat equipment. Other boaters, including marine police, may mistake it for distress signals. M. The renter and the renter’s guests must return all boat equipment in good working order and condition at the end of the rental. If any equipment is lost, the renter must inform the employees/agents of Beigne Flottant Inc. upon return. The renter is financially responsible for all costs of lost equipment based on its current market value. N. The renter must abide by all posted speed limits, including respecting NO WAKE ZONES and navigation rules when on the water, and additionally, must keep a safe distance from other boats operating on the water. The renter must not attempt to board another vessel from the boat. The renter must ensure not to cause collision or damage to other vessels that may be docked in the marina or operating in the waterways. O. The renter and the renter’s guests must not throw any waste or debris from the boat into the water or otherwise, and acknowledge that they may operate in environmentally sensitive areas. All waste or debris must be securely stored to prevent accidental disposal in the water, and at the end of the rental, all waste must be deposited in the appropriate trash receptacles. P. The renter must not venture more than 2 nautical miles away from the rental location. Q. The renter must not allow anyone other than the person who received the complete training and boat test drive and/or their guests to use or operate the boat equipment. Only the designated driver in your group who has received all the necessary training on operating the present boat is authorized to pilot/drive/operate/navigate the boat. R. The renter must, “except in case of emergency,” return to the dock or refuel the tank from a source other than the gas from our station. S. The renter must not maneuver the boat into another area. The restricted zone must be respected. Going beyond the permitted restricted zone is not allowed, and the boat must remain nearby. T. The renter must return the boat in good physical condition. The renter must clean the boat before the end of the rental period to maintain it in the same condition as when rented. The renter must use the cleaning products provided in the boat. If the renter fails to clean the boat after use, a $15 fee will be charged to their credit/debit card.

7. CAUTION!!– PHYSICAL DAMAGES
By my authorized signature below, I agree that I have read and fully understand the attached Waiver and Release of Liability and furthermore, agree to pay for any and all repair costs and other physical damages that may occur to the watercraft during my rental, operation or other use from any cause whatsoever whether deliberate or unintentional as specifically set forth in Exhibits “A” “B” and “C”.

EXHIBIT “A”
I hereby voluntarily and of my own volition give Beigne Flottant Inc the right to immediately charge my credit card in the event there is any damage to, accident or incident of any kind regarding the rented watercraft during the rental period. This includes damages done to the rental watercraft, motor, or equipment as a result of beaching, running aground, reckless operation, negligence, equipment loss, or violation of the rules. I understand that Beigne Flottant Inc will conduct an estimate for repairs by a reputable licensed repair company of their sole choosing and provide me with a copy for review. I further covenant and agree not to challenge the charge on my credit card with the bank or financial institution issuing my card. I recognize that Beigne Flottant Inc has a good faith basis for requiring this provision as it is the only way to protect them from me canceling my credit card or challenging the charges in the event of damages to the watercraft. All damages deemed extreme by Beigne Flottant Inc are subject to investigation by the Province of Quebec.

EXHIBIT “B”
I hereby voluntarily and of my own volition give Beigne Flottant Inc the right to immediately charge my credit card, provided via photocopy on file, and agree not to challenge the charge on my credit card with the bank or financial institution issuing my card.

EXHIBIT “C”
In the event the credit card declines, I agree to reimburse Beigne Flottant Inc immediately for any and all accidental and/or intentional damages incurred while watercraft is in my possession not to exclude all accessories provided aboard the vessel. I agree to make Beigne Flottant Inc whole again for any losses they incurred. I also agree to pay for collection costs and cooperate with Beigne Flottant Inc affiliates, not to exclude their insurance providers/underwriters and/or investigators of all capacity.

8. CANCELLATION POLICY!
All boat rental bookings made with Beigne Flottant Inc are non-refundable.

8.1. Non-Refundable Bookings:
Once a reservation is confirmed and deposit payment is received, it cannot be canceled, and no refunds will be issued.

8.2. Rescheduling:
You can make a reschedule request up to 72 hours prior to your boat rental activity. Under 72 hours prior to your boat rental activity, all bookings are non-refundable and can’t be rescheduled, unless the weather makes it impossible to sail due to dangerous circumstances. You can reschedule your boat rental subject to availability for the present season, or keep the credits for next summer season.

8.3. Rescheduling Due to Bad Weather:
In the event of unfavorable weather conditions on the day of the booking, customers have the option to reschedule their boat rental for another available date. The decision to reschedule will be made on the same day of the booking, after an evaluation of the present weather conditions. It is at the sole discretion of Beigne Flottant Inc to determine if rescheduling is necessary for safety reasons. Booking payments and deposits are non-refundable: if bad weather causes to reschedule the boat rental activity, the customer can only reschedule its boat rental, subject to availability, and can not obtain a refund.

8.4. How to Cancel or Reschedule:
To cancel a booking, customers must contact Beigne Flottant Inc via email at beigneflottantinc@gmail.com and provide their booking details. Refunds can’t be processed.

8.5. No Shows:
Failure to show up for the boat rental at the time of reservation or cancellation will result in the forfeiture of the rental fee, and no refunds or rescheduling options will be provided.

8.6. Late Departure:
The renter must arrive at the rental location 15 minutes early prior to their scheduled departure time to complete all paperwork, and participate on safety training and orientation. If the customer arrive late, the scheduled safety orientation time allotted will be deducted from his scheduled rental time and his charges will not be compensated nor adjusted for his tardiness. The renter will lose the late time that he has concurred.

8.7. Late Arrivals:
In the event of customer returning the boat later than the scheduled return time, he will be charged at the rate of $150 per hour additional, unless arrangements has been made prior. Furthermore, the additional hours are not prorated. 15 minutes late = 1 (one) billable hour. The renter’s punctuality is paramount to prevent additional charges.

Please note that this policy is subject to change at the discretion of Beigne Flottant Inc. We recommend all customers carefully review the terms and conditions before making a reservation.

If you have any further questions or need clarification about our cancellation policy, please don’t hesitate to contact us at by email at beigneflottantinc@gmail.com.

9. PRIVACY
Beigne Flottant Inc DOES NOT sell nor share Renter and/or their guest’s information with NO ONE! We shred and destroy all sensitive information (IE. credit card numbers) after you return from your rental and finalize the service/s you (Renter) received. Only in the event of an emergency would Beigne Flottant Inc share Renter’s name and guest itinerary with the proper authority personnel cooperating with rescue, emergency and/or criminal investigation efforts.

10. FIRST AID KIT AND FIRE EXTINGUISHERS
First Aid kit and Fire Extinguishers are provided aboard the vessel in the event of a emergency. I agree to reimburse Beigne Flottant Inc for the use of any First Aid equipment accessories used and/or replacement of any safety equipment not to exclude Fire Extinguishers used while aboard the watercraft at current fair market value.

11. Scheduling Times; Punctuality
I agree to arrive at THE RENTAL LOCATION 30 minutes early prior to my scheduled departure time to complete all paperwork, tender payment, and participate in my hands on safety training and orientation. If i arrive late, the scheduled safety orientation time allotted will be deducted from my scheduled rental time and i agree my charges will not be compensated nor adjusted for my tardiness. I also agree If i return the boat later than the scheduled return time, I will be charged at the rate of $150 per hour additional, unless arrangements has been made prior. Furthermore I agree that the additional hours are not prorated. 15 minutes late = 1 (one) billable hour! I agree and understand my punctuality is paramount to prevent additional charges.

12. Fuel Costs
When returning to Rental location, the dock master and/or Beigne Flottant Inc Staff will replenishing the fuel consumed for your rental. Fuel is included in the activity.

I EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS RENTAL AGREEMENT I HAVE FULLY INFORMED MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THIS RENTAL AGREEMENT, AND THAT I HAVE RELIED SOLELY ON MY OWN JUDGMENT IN EXECUTING THIS RENTAL AGREEMENT. I HAVE READ THE TERMS OF THIS RENTAL AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE PROVISIONS REGARDING ASSUMPTION OF RISK, RELEASE AND COVENANT NOT TO SUE, AND INDEMNITY, AND I UNDERSTAND THAT I AM WAIVING SUBSTANTIAL RIGHTS IN CONSIDERATION FOR MY USE OF BEIGNE FLOTTANT INC WATERCRAFT. I ENTER INTO THIS RENTAL AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

All passengers must sign the documents upon embarkation of the boat.

BEIGNE FLOTTANT INC LIABILITY WAIVER

We asks all passengers to arrive 15 minutes prior departure to attempt all security trainings and to sign documents.

I. DISCLAIMER
This form is a Waiver, also known as a Release of Liability and Assumption of Risk Agreement (hereinafter the “Liability Agreement”) is applicable to all renters, operators, passengers, and any other users of boats and boating equipment not to exclude all accessories provided (hereinafter collectively the “Watercraft”) provided by Beigne Flottant Inc, a Quebec Inc Corporation (hereinafter “Beigne Flottant Inc”) as well as any other affiliated entities or individuals there under. For purposes of this Rental Agreement, the term “Beigne Flottant Inc” shall include all member/s, manager/s, officer/s, employee/s, agent/s, representative/s, assign/s, successor/s, insurer/s and subsidiaries of Beigne Flottant Inc. Renter agrees that you are also signing this Rental Agreement on behalf of any minor children for whom you are the parent, guardian, or whom you are otherwise responsible for the care, custody or control. Renter agrees that you will disclose to Beigne Flottant Inc all potential renters, operators, passengers and users of the Watercraft. Renter further agrees that in the event you fail to notify Beigne Flottant Inc of all potential renters, operators, passengers or users of such Watercraft, you will be personally liable for any injuries or damages to the undisclosed individuals, even if such damages arise out of the gross negligence of Beigne Flottant Inc.

II. EXPRESS ASSUMPTION OF RISK—CAUTION!! READ BEFORE SIGNING
I ACKNOWLEDGE THAT THE RENTAL, OPERATION OR USE OF A WATERCRAFT HAS INHERENT RISKS THAT MAY LEAD TO BODILY INJURY, DEATH, DROWNING AND/OR PROPERTY LOSS NOT TO EXCLUDE DAMAGE. I FURTHER UNDERSTAND THAT I AM NOT BOUND OR REQUIRED TO PARTICIPATE IN ANY OF THE ACTIVITIES RELATING TO THE RENTAL, OPERATION AND USE OF THE WATERCRAFT, BUT I HAVE WILLINGLY AND VOLUNTARILY DECIDED TO PARTICIPATE IN SUCH ACTIVITIES. I REALIZE THAT I AM FREE TO REFUSE TO PARTICIPATE IN ANY OR ALL ACTIVITIES RELATING TO THE RENTAL, OPERATION AND USE OF THE WATERCRAFT INCLUDING THOSE ACTIVITIES I FEEL UNCOMFORTABLE WITH OR WHICH I DETERMINE CANNOT BE COMPLETED SAFELY BY ME. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH THE RENTAL, OPERATION OR USE OF THE WATERCRAFT OR ASSOCIATED RENTAL EQUIPMENT, EVEN IF ARISING FROM THE NEGLIGENCE OR OMISSION OF Beigne Flottant Inc, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN THE RENTAL, OPERATION AND USE OF THE WATERCRAFT.

III. RELEASE / COVENANT NOT TO SUE—CAUTION!! READ BEFORE SIGNING
I HEREBY RELEASE AND HOLD HARMLESS Beigne Flottant Inc FROM ALL LIABILITY, CLAIMS, DEMANDS, LAWSUITS, ARBITRATION/S OR CAUSES OF ACTION FOR ANY INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO ANY PERSON OR PROPERTY SUSTAINED BY ME AND/OR ANY MINOR CHILDREN FOR WHOM I AM A PARENT, LEGAL GUARDIAN, OR WHOM I AM OTHERWISE RESPONSIBLE, WHETHER CAUSED BY THE NEGLIGENCE OF Beigne Flottant Inc OR OTHERWISE. THIS INCLUDES ANY INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY SUSTAINED AS A RESULT OF A HIDDEN, LATENT OR OBVIOUS DEFECT ON THE WATERCRAFT OR ANY OF THE RENTAL EQUIPMENT USED, OR ANY FAILURE ON THE PART OF Beigne Flottant Inc RENTALS TO PROPERLY INSTRUCT, SUPERVISE OR TRAIN ME ON THE OPERATION OF THE WATERCRAFT. AS PART OF THE CONSIDERATION FOR USING THE WATERCRAFT, I PROMISE NOT TO FILE A LAWSUIT OR OTHER PROCEEDING OR MAKE A CLAIM AGAINST Beigne Flottant Inc FOR ANY DEATH, ILLNESS, INJURIES, OR DAMAGE OR LOSS TO PERSONS OR PROPERTY SUFFERED AS A RESULT OF MY PARTICIPATION IN THE RENTAL, OPERATION AND USAGE OF THE WATERCRAFT. IT IS THE INTENT OF THIS RENTAL AGREEMENT TO FULLY AND COMPLETELY RELEASE Beigne Flottant Inc FROM ANY AND ALL LAWSUITS, PROCEEDINGS OR CLAIMS OF ANY TYPE WHATSOEVER.

IV. INDEMNITY / LIABILITY TO THIRD PARTIES—CAUTION!! READ BEFORE SIGNING
I AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS Beigne Flottant Inc, FOR ALL PERSONAL INJURIES, DEATHS, PROPERTY LOSS OR DAMAGE, OR ANY OTHER DAMAGES TO ANY AND ALL THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OPERATORS AND PASSENGERS OF OTHER WATERCRAFT, SWIMMERS AND MINOR CHILDREN UNDER MY CUSTODY, CARE, AND CONTROL, AS A RESULT OF ANY AND ALL ACTIVITIES RELATED TO MY RENTAL, OPERATION, OR USE OF WATERCRAFT PROVIDED BY FLOATING DONUTS LLC, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF Beigne Flottant Inc.
I expressly agree that Beigne Flottant Inc shall not be liable for any loss or damage to any personal property left, stored or transported by me in or upon the Watercraft.

V. WARNINGS…
In consideration of the use of the boat equipment and the property, facilities and/or services of Beigne Flottant Inc, the undersigned Renter acknowledges the following warning.

WARNING: There are significant elements of risk in any adventure sport or activity on the water or associated with the use or presence of watercraft, including but not limited to boats and their related equipment. These risks are inherent in boating and may be present even if the boat equipment is used properly and even in still water. The Renter understands and acknowledges that the operation of the boat equipment involve risks such as, but not limited to, the following:

(a) changing water flow, conditions or currents;

(b) collision with other participants, any portion of the interior of the craft, other watercraft, man made or natural objects, including overhanging, submerged and/or semi-submerged trees, branches, rocks and boulders;

(c) cold weather and heat related injuries and illnesses including hypothermia, frostbite, heat exhaustion, sun stroke, and dehydration;

(d) inclement weather, variances and extremes of wind, weather and temperature, the presence of insects and animals;

(e) sense of balance, physical coordination, ability to swim, and/or ability to follow directions;

(f) loss of control of the craft, collision, capsizing, and sinking of the craft which can result in
wetness, injury, exposure to the elements, hypothermia and drowning;

(g) injury while getting in and out of the craft;

(h) travel, including hiking, portaging and travel to and from the related and unrelated activities;

(i) the presence of wild animals, including marine life forms;

(j) unavailability of emergency aid services and emergency medical care. The listing of these risks is not intended, and shall not be construed as, all of the possible risks associated with the use of the boat equipment.

VI. Assumption of Risk.
Based upon the warnings above and Renter’s acknowledgement of the inherent risks of using and operating a boat and the boat equipment, and that some or all of those risks may be unavoidable even with reasonable care in the use and operation of the boat and boat’s equipment. By executing this agreement Renter expressly assumes all risks that arise from the use and operation of the boat or boat equipment, including the risk of property damage, bodily injury and possibly death, including the acts of others, the unavailability of emergency care and any other foreseeable or unforeseeable factors and/or circumstances related to the use of the boat and boat equipment.
To explicitly acknowledge the Renter’s assumption of risk, Renter shall place their initials in every sections.

VII. Waiver and Release of Liability.
The undersigned Renter, based upon the warnings and understanding of risks, and predicated in part upon the acknowledgements and assumption of risks described above, does hereby waive, release and discharge Beigne Flottant Inc., its officers, agents, employees, successors, affiliates and assigns, not to exclude the marina from any and all claims or liability arising from the use or operation of the boat and/or the boat equipment, or use of the Beigne Flottant Inc property, facilities, services or activities organized or sponsored by Beigne Flottant Inc and agrees that it shall not sue them on account or in connection with any claims, causes of action, injuries, damage, cost of expenses arising therefrom, whether arising from the negligence or strict liability, and regardless of the participation of another third party in the causation of any such injuries, damages, or liability, but excluding claims which arise from gross negligence or willful misconduct on the part of Beigne Flottant Inc Renter acknowledges that this wavier and release includes the waiver of future, unknown claims.

To explicitly acknowledge the Renter’s waiver and release of liability, Renter shall place their initials at all paragraphs of the documentation.

VIII. Indemnity.
The undersigned Renter agrees to indemnify and defend, Beigne Flottant Inc from any and all claims made by or for the Renter, or any other third party, arising out of the use or operation of the boat or boat equipment and that Renter shall hold Beigne Flottant Inc and its officers, employees and agents (each, an “Indemnitee”) and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the undersigned Renters use or operation of the boat and boat equipment, which include but are not limited to damages to or destruction of any property of an Indemnitee, of any others, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of an Indemnitee, the undersigned or anyone else; provided, however, the foregoing indemnity shall not apply to claims related solely to the gross negligence or willful misconduct of Beigne Flottant Inc. The undersigned agrees to pay for any or all damages to any property of Indemnitee caused by the undersigned either negligently, willfully, or otherwise.

To explicitly acknowledge the Renter’s agreement of indemnity, Renter shall place their initials.

In Witness Where of, the undersigned Renter has read, understands and agrees to be legally bound to this Agreement effectively Waiving THEIR rights and Releasing of Liability to Beigne Flottant Inc, FURTHER realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities, does so freely and voluntarily, and does so for himself or herself and his or her heirs, not to exclude the guests I personally allow aboard said vessel, assigns and legal representatives.

We ask for the passenger’s name, address, phone number, email and weight to measure the total weight capacity of the boat. All documents must be signed by the passengers prior boarding.