Terms and Conditions – Clinics

 
 

Terms and Conditions – Clinics

This service agreement and liability waiver (“Agreement”) is made and entered into as of the date of registration, by and between Lakeside Marine Inc. (“Lakeside Marine”), an Ontario Corporation and parent company to the BoaterSkills.ca program, and the registering participant, otherwise known as “the student”, of a BoaterSkills.ca Recreational Boater Training and Education clinic or clinics. Lakeside Marine Inc. and the Registering Participant (The Student) together are referred to as the “Parties”.

Recitals
WHEREAS Lakeside Marine Inc. operates recreational boating clinics under the course provider name, BoaterSkills.ca , to private, non-professional individuals for skills and education development purposes only.

AND WHEREAS The Student agrees to participate of their own free will, for a set monetary fee, as agreed to between the Parties, at a time and location also agreed to in advance of the clinic, or clinics, between the Parties.

NOW THEREFORE in consideration of the promises, mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Parties hereto, intending to be legally bound, agree as follows:

1. Agreement
1.1 Lakeside Marine Inc. agrees to provide a professional, certified instructor (“Instructor”) to conduct the BoaterSkills.ca clinic, or clinics, on the date, time and location as agreed to between the Parties;
1.2 The Student agrees to meet with the Instructor a minimum of 30 minutes prior to the agreed upon starting time of the BoaterSkills.ca clinic, or clinics, at an agreed upon location, date and time as prescribed in the scheduling of the BoaterSkills.ca clinic, or clinics;
1.3 The Student agrees to provide a vessel under his or her proven ownership, or to have present, prior to the start of the BoaterSkills.ca clinic or clinics, the vessel’s proven owner, for the purpose of receiving instruction by the BoaterSkills.ca Instructor, and that the prescribed vessel meets the following criteria:
a) The vessel is sufficiently maintained, in seaworthy condition, meets all licensing and safety requirements as stated by The Canada Shipping Act, and is insured under a currently active marine insurance policy. The Student must produce marine insurance documentation of the vessel to the Instructor prior to the commencement of the
BoaterSkills.ca clinic or clinics;
b) The vessel is sufficiently fueled and in good mechanical and running condition (note: mechanical breakdown during the clinic will result in immediate cancelation by the instructor for reasons of safety);

BoaterSkills.ca is not responsible for lost clinic time due to mechanical failure of the student’s vessel. Lost clinic time can be made up on a future date based on instructor availability. The student will be responsible for reimbursing BoaterSkills.ca for instructor mileage and travel time. Minimum fee is $150.

c) The Student must have a Pleasure Craft Operator Card, in their name, from a Transport Canada recognized Course
Provider, in order to participate in the BoaterSkills.ca clinic or clinics;
d) The Student agrees to assume the position and responsibilities as Master of the vessel at all times throughout the duration of the BoaterSkills.ca clinic or clinics, or to have on board an acting Master of the Vessel, who holds a Pleasure Craft Operator Card, or other Transport Canada accepted accreditation in their name, throughout the duration of the BoaterSkills.ca clinic or clinics;
e) The Student agrees that at no time during the clinics, is the Instructor to be named as Master of the Vessel, unless an emergency situation develops in which it becomes necessary for the Instructor to assume the position and responsibilities of Master of the Vessel; and

f) The Student agrees that the Instructor, at no time, is to be in control or operation of the vessel throughout the duration of the BoaterSkills.ca clinic, or clinics, and is not liable for any injury, property damage caused by the vessel’s operator, or for mechanical or electrical failures on board the Registering Participant vessel at any time. Should The Student request that the Instructor take control of the vessel, the Instructor reserves the right to decline the request.
2.0 Rescheduling and Cancellations
2.1 The Instructor reserves the right to cancel and/or reschedule the BoaterSkills.ca clinic, or clinics for safety and security reasons, including:
a) Inclement weather in the immediate area of the clinic related to a Strong Wind Warning issuance by Environment
Canada;
b) The vessel, or the operator, is deemed unsafe or unfit by the Instructor (under the guidelines as prescribed by The
Canada Shipping Act and The Criminal Code of Canada);
c) The Student cannot physically produce a Pleasure Craft Operator Card in their name as prescribed in section 1.3
(c);
d) The Instructor, at any time, feels a threat to his/her safety and security under any circumstances, and at any time, throughout the duration of the clinic or clinics; and
e) The Student is unable to produce documentation of the vessel’s current marine insurance policy to the instructor prior to the commencement of the BoaterSkills.ca clinic or clinics.
2.2 If cancelling and rescheduling for a later date, The Student will provide a minimum of 72 hours notice to Lakeside Marine Inc. The rescheduling date must be scheduled before September 30 of the calendar year in which the clinic was originally booked. Failure to do so may result in the loss of the clinic registration fee of $250.
2.3 Lakeside Marine Inc. agrees to reschedule a BoaterSkills.ca clinic, or clinics, at no extra cost, to The Student under the following conditions:
a) Inclement weather prohibits the clinic or clinics from being delivered safely. For example, the issuance of warning for lightning storms or a Strong Wind Warning, or higher, from Environment Canada for the immediate area and within 12 hours of the scheduled BoaterSkills.ca clinic or clinics; or
b) Sickness or injury of the Registering Participant prior to the agreed to date and start time of the BoaterSkills.ca clinic, or clinics.
2.4 Lakeside Marine Inc. agrees to provide a 10% refund to The Student in the event of having to re-schedule a BoaterSkills.ca clinic or clinics under the following conditions:
a) Lakeside Marine Inc. is unable to provide an Instructor on the agreed upon date and location.
b) Lakeside Marine Inc. cancels due to scheduling conflicts caused by the parent company, Lakeside Marine;
2.5 The Student will pay a non-refundable fee of $250 to register for a clinic or clinics. The $250 fee will be refunded to The Student if the BoaterSkills.ca clinic or clinics cannot be rescheduled as a result of the conditions outlined in 2.3 (a) and (b).
3.0 Certifications
3.1 Lakeside Marine Inc. agrees to provide The Student, upon successful completion of the BoaterSkills.ca clinic, or clinics, with a Certificate of Achievement within 30 days of the completed clinic or clinics at no additional cost. Any student deemed unsuccessful by the instructor will receive a Certificate of Participation within 30 days of the completed clinic or clinics.
3.2 Lakeside Marine Inc. is not responsible for any boating actions or infractions of the client following the completion of a BoaterSkills.ca clinic. It is the responsibility of every boater to assess the conditions, and to consider their level of boating skill and knowledge, prior to heading out on the water.

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