RENTAL AGREEMENT
This Agreement made effective ________________ ________, 20_____.
Month Day Year
BETWEEN:
FLING PLEASURE CRAFT RENTALS INC., a body
corporate incorporated pursuant to the laws of the
Province of Saskatchewan
Comp 34, Site 709, RR 7
Saskatoon, SK S7K 1N2
Business Number 306-291-2830
(“Fling”)
AND:
Renter:
Name: __________________________
Address: ________________________
Phone: __________________________
Email: __________________________
(the “Renter”)
Collectively: “the Parties”
Background (Rental Terms)
Vehicle Description
Fleet #: Capacity (persons/weight):
Make/Model: Accessories Included:
Delivery Date:
Return Date: Return Location:
Additional Driver Name:
Address:
Credit
Card #:
Driver’s License #:
Pre-Existing Damage (also see Schedule “A”)
Rental Rate Per Day $
Roundtrip KMs for Delivery and Pick-up of
Vehicle by Fling
Rate per KM for Delivery and Pick-up by Fling $
Subtotal: $
PST $
GST $
TOTAL $
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In consideration of the mutual promises contained in this Agreement, the Parties agree as follows:
Fling agrees to rent the Vehicle to the Renter. The Renter agrees to pay the above fees and to
comply with the terms and conditions in this Agreement and the above Rental Terms.
Background
1. The parties hereby irrevocably acknowledge and agree that the background to this Agreement
are true and are incorporated in the Agreement.
Required Documentation
2. The Renter and Additional Driver shall provide Fling with a valid credit card, driver’s
license, and pleasure craft operator’s license (if applicable).
Payment, Deposits, and Damage to Vehicle
3. The Renter shall pay to Fling:
a. Daily rental charges all mileage for delivery and pick-up by Fling (if applicable),
as specified in the Rental Terms of this Agreement, for the entire period
commencing with the time when the vehicle is to be delivered to the Renter until
it is to be returned to Fling’s place of business, at the agreed to Return
Location (the “Rental Period”).
4. The Renter shall pay Fling in full accordance with paragraph 2, above, prior to the
commencement of the Rental Period.
5. In addition to the payment described in paragraph 2, above, Fling shall have the right to
pre-authorize the Renter’s credit card for a further $1,000.00 prior to the commencement
of the Rental Period.
6. The Renter shall be held financially responsible and reimburse Fling for the repair or
replacement resulting from all damage caused to the Vehicle during the Rental Period.
7. All payments shall be made to Fling Pleasure Craft Rentals prior to delivery of the
vehicle and the commencement of the Rental Period.
Cancellation Policy/Credit Card Authorizations
8. The Renter shall pay a 50% non-refundable deposit at the time of booking. The Renter
shall pay the remaining 50% on the delivery date.
9. The Renter may cancel at any time before the Delivery Date.
10. The Renter shall pay Fling a late fee if the Renter is 2 or more hours late after the agreed
time on the Return Date extra time may be charged.
11. The Renter agrees that Fling may process the above credit card for payment of all
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amounts owing by the Renter to Fling under this Agreement, including those resulting from
damage caused to the Vehicle or cancellation, pursuant to paragraphs 2 through 6, above.
Release of Liability/Assumption of Risk
12. The Renter assumes all risks of loss, injury or damage during the Rental Period which may
occur to the Vehicle, equipment, property, the Renter, or any of the Renter’s next of kin,
agents, guests, invitees or any other third party.
13. The Renter shall indemnify Fling, its directors, officers, principals, agents, trustees,
beneficiaries, and employees and shall save them harmless from all loss, claims, actions,
liability, damages, loss and expense in any way arising from, related, or connected to loss
of life, personal injury, damage to the Vehicle or any other loss or injury whatsoever arising
out of this Agreement, any breach of the Renter’s obligations under this Agreement, or
occasioned wholly or in part by any act or omission of the Renter or by anyone permitted
by the Renter to be operate or be a passenger in the Vehicle. This indemnity is absolute
and applies despite any allegation of negligence on the part of Fling or its representatives.
14. The Renter acknowledges:
b. Fling certifies that the Vehicle is in good mechanical and physical condition.
Any known damage or problems will be highlighted during pre-departure.
c. Having inspected the Vehicle and, except for the Pre-Existing Damage noted in
the Rental Terms of this Agreement, the Vehicle was free from apparent
damage at the time of delivery to the Renter.
d. That the Vehicle was in apparent good operating condition at the time of
delivery to the Renter.
15. The Renter warrants that the Renter and the Additional Driver are competent to operate the
Vehicle. The Renter understands that conditions like weather, water levels, etc. are variable
and the Renter must exercise caution when operating the Vehicle.
Cleaning
16. The Renter shall ensure the Vehicle is kept clean and shall return the Vehicle to Fling
cleaned and in the same condition in which it was received, with the exception of
reasonably expected wear and tear. Failure to do so will result in cleaning fees charged to
the Renter and/or repair of damages charged to the renter pursuant to paragraph 5 of
these Terms and Conditions, above.
Renter Responsibilities
17. The Renter shall not permit the Vehicle to be operated by anyone other than the
Renter and the Additional Driver named in the Rental Terms of this Agreement.
18. The Renter shall not operate the Vehicle or permit it to be operated by any person:
e. Who is at the time under the influence of alcohol or other intoxicant or drug, to
an extent prohibited by law or otherwise to an extent that would impair the
reasonable operation of the Vehicle by that person.
f. Who has provided false or misleading information to Fling in connection with this
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Agreement.
g. In a reckless, dangerous, or abusive manner, including carrying more
passengers than is permitted by law or recommended by the Vehicle’s
manufacturer.
h. Where the Vehicle is damaged to an extent that it interferes with the operation of the
Vehicle.
19. Where the Vehicle is damaged to the extent that it interferes with its operation, breaks
down, or if a mechanical or other problem with the Vehicle is discovered during the Rental
Period, the Renter shall immediately:
i. Notify Fling by calling the number provided.
j. Follow the instructions of Fling with respect to the Vehicle.
20. The Renter will be responsible for all fuel costs that are incurred by their use. At the end
of Rental Period, the Renter shall ensure the Vehicle is returned to Fling with a full tank of
the fuel.
21. The Renter shall ensure the Vehicle will remain in Saskatchewan, at all times
during the Rental Period.
22. The Renter shall comply, and ensure that all persons under the Renter’s supervision
comply, with this Agreement, any regulations provided to the Renter, and all relevant laws
and regulations.The Renter will be responsible for the safe operation of the Vehicle within
all local, provincial and Federal laws and regulations and Renter is solely responsible for
obtaining knowledge and understanding regarding all such laws and regulations.
23. The Renter is responsible for theft or loss of the Vehicle and equipment during the Rental
Period, for the replacement value .
General
24. The Renter shall not be considered or construed to be an agent or employee of Fling by
reason of the provision of the Vehicle to the Renter.
25. This Agreement constitutes the entire Agreement between the Parties and supersedes any
previous Agreement between the Parties. There are no conditions to this Agreement and
there have been no representations or warranties made by the Parties except as contained in
this Agreement.
26. Every provision of this Agreement is intended to be severable. If all or part of any term
or provision hereof is illegal, invalid or unenforceable for any reason, such illegality
invalidity or unenforceability shall not affect the validity or enforceability of the
remainder of this Agreement.
27. This Agreement shall enure to the benefit of and be binding upon each of the parties
hereto and their respective successors and permitted assigns.
28. This Agreement shall be construed in accordance with the laws of Saskatchewan and
the laws of Canada applicable therein. The parties attorn to the jurisdiction of the
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Courts of Saskatchewan.
29. This Agreement may be executed and delivered in counterparts and by facsimile
transmission or email PDF form and the parties hereto may rely upon all such signatures
as though they were original signatures.
30. All payments under this agreement shall be made in Canadian Dollars (CAD).
The Renter and Fling agree to be bound by the terms and provisions of this Agreement as
evidenced by their signatures below.
__________________________________ ____________________________
Fling Representative Signature Date
Printed Name of Representative:______________________________________________
__________________________________ ____________________________
Renter Signature Date
Printed Name of Renter:______________________________________________________
FLING PLEASURE CRAFT RENTALS INC.
VEHICLE RENTALS
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS,
AND INDEMNITY AGREEMENT
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE, AND SHOULD BE READ CAREFULLY
The Renter MUST read and understand this waiver before delivery of the vehicle is
completed.
Printed Name of Renter:
I understand this is a binding legal agreement. In consideration for allowing me to participate in
these activities by renting a vehicle from Fling Pleasure Craft Rentals Inc. and its’ agents, I
acknowledge and agree to the following terms:
1. “Activities” includes but is not limited to:
a. Towing the vehicle from the delivery location to the return location until returned
to Fling Pleasure Craft Rentals Inc.
b. Operating the vehicle
c. Being a passenger in the vehicle
d. Use of equipment from the vehicle
2. I am aware that there are inherent risks (“Risks”) associated with participation in such
Activities. I am aware that those Risks include, but are not limited to, the potential for
personal injury and death.
3. I freely accept and fully assume all responsibility for all Risks and possibilities of
personal injury, death, property damage or financial loss and otherwise resulting from my
participation in Activities.
4. I confirm that I have reached the age of majority in the Province of Saskatchewan.
Renter Initial Here
5. In consideration of Fling Pleasure Craft Rentals Inc. allowing me to participate in
Activities, I and my heirs, next of kin, executors, administrators and assigns agree:
a) To be solely responsible for any injury, loss or damage that I might sustain
while participating in Activities;
b) To release and forever discharge Fling Pleasure Craft Rentals Inc. and its’
agents from all liability for all personal injury, death, property damage or
loss resulting from my participation in Activities due to any cause
wherever and however, including but not limited to negligence (failure to
use such care as a reasonably prudent and careful person would use under
similar circumstances) of Fling Pleasure Craft Rentals Inc. and its’ agents,
breach of any duty imposed by law, breach of contract or mistake or error
of judgment; and
c) To be liable for and to hold harmless and indemnify Fling Pleasure Craft
Rentals Inc. and its’ agents from all actions, proceedings, claims,
damages, costs, demands, including court costs and costs on a solicitor and
client basis, and liabilities of whatsoever nature or kind arising out of or in
any way connected with my participation in Activities.
6. I agree that this waiver and all terms contained within are governed by the laws of the
Province of Saskatchewan. I hereby irrevocably submit to the exclusive jurisdiction of
the courts of Saskatchewan.
7. I confirm that I have had sufficient time to read and understand each term in this waiver
in its entirety.
I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT
BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN SUBSTANTIAL
LEGAL RIGHTS WHICH I AND MY HEIRS, NEXT OF KIN, EXECUTORS,
ADMINISTRATORS, AND ASSIGNS MAY HAVE AGAINST THE PIKE LAKE
COTTAGE & WATERSHED ASSOCIATION AND ITS’ AGENTS.
I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT
this ____ day of __________________, 20___, at ________________, Saskatchewan.
(Date) (Month) (Year) (Town/City)
___________________________________ ____________________________________
Signature of Renter Printed name of Renter
___________________________________ ____________________________________