Terms & Conditions, Release & Assumption of Risk

Wolfson Creek Ventures (herein described as the Company) does hereby lease and let the equipment herein described on the following terms and conditions:

I, the Lessee, acknowledge that this is an agreement for hire only, and not a sale, conditional or otherwise, and that the equipment shall remain the absolute property of the Company.

I, the Lessee, agree that I have no authority to loan, pledge or sublet the equipment, that I will not so loan, pledge or sublet the same.

I, the Lessee, accept said equipment in its present condition. I further understand that the Company makes no warranty as to the fitness or suitability of the equipment.

I, the Lessee, give the Company permission to have a physician/paramedic attend to me, or another member of my party should it be considered necessary. It is understood that the Company and its staff are not responsible for medical care and rescue costs.

I, the Lessee, understand that no motor or mechanical device(s) or constructed devices/objects of any kind may be used to propel or tow or sail the equipment (unless it is Mitchell’s rented sail) and that it is leased for general recreation purposes only. White water is not allowed.

I, the Lessee, understand that each person must wear a PFD while in/on a watercraft and to use all equipment in a responsible & safe manner at all times.

I, the Lessee, understand I must not paddle under the influence of alcohol, strong medication, other drugs or fatigue. I understand that first time paddlers should use the equipment under the supervision of an experienced paddler.

I, the Lessee, understand that should I bring my own PFD, paddle, or equipment, that it is my responsibility to ensure that it meets all British Columbia regulations and is in safe working order.

I, the Lessee, understand the Company is not responsible for damage to my vehicle from transporting the equipment and that I am responsible for damages to the equipment from transport.

I, the Lessee, understand that I am not permitted to hire anyone to transport Mitchell’s rented water crafts unless they have a Class 4 drivers license, operate a commercial vehicle, and can prove adequate liability and cargo insurance. Sasquatch Trails has all of this.

I, the Lessee, understand the Company reserves the right to refuse hand over of equipment if transport vehicle is deemed inappropriate or if method of securing the equipment was viewed and deemed “not secure”.

I, the Lessee, have read and agree with the Company’s website posted “Cancellation Policy”, “Dirty, Damaged or Lost Equipment Policy,” “Late Return Policy,”. I understand that it is my responsibility to pay for any charges incurred on my party's behalf, including but not limited to collection and credit card charge back fees, etc.. Time is of the essence in this agreement.

I the Lessee, understand, where the Lessee is a business or organization, the Lessee must maintain at its own expense all appropriate policies of insurance for:

a) the theft and damage to the equipment rented in an amount not less than the full replacement cost of the equipment; and

b) the liability, property and casualty insurance cover in amounts necessary to fully protect the Company and its equipment against all claims, loss or damage whatsoever.

I, the Lessee, understand the Company shall not be liable for any loss and damage occurred by the Lessee arising from the failure to supply items resulting from unexpected sickness, accident or ill health. In such an event, the Lessee will be entitled to a refund of any deposit or advance payment.

I, the Lessee, understand if the Company is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of god, inclement weather, epidemic or pandemic, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the Company may give written notice to that effect to the Lessee, giving full particulars of such force majeure in which case the obligations of the Company under these Terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure.

The Company shall not be liable for any loss or damage suffered by the Lessee as a result of any delays caused by such force majeure events.

I, the Lessee, agree to credit the Company in any publication (paper, online. etc.) as the owner of equipment referenced. Social media credits should be tagged with "@Mitchellscanoe" on Instagram, or links shared as facebook.com/canoeingbc or www.canoeingbc.com 

I, the Lessee, on behalf of myself, my heirs, executors, administrators, and assigns, personally assume all risks in connection with the equipment and its intended purposes and hereby release and forever discharge the Company, agents, servants and employees, successors and assigns from all manner of actions, causes of action, suits, debts, contracts, claims, and demands whatsoever, which I now have, shall or may have for or by reason of any cause, manner or thing, including negligence on the part of the Company, its agents, servants and employees. I agree not to make any claim against any person or corporation who might claim contribution or indemnity against the Company, its agents or employees.

I, the Lessee, understand the risks, hazards and dangers inherent in the activities including, but not without limiting the generality of the foregoing canoeing, kayaking, stand up paddle boarding, snowshoeing, camping, portaging, hiking, swimming, and other general outdoor activities. Notwithstanding such risks, hazards and dangers, I, the Lessee, hereby agree to assume all risks arising from injury or damage, foreseen or unforeseen, including the possibility of death, property damage or loss resulting there from, including travel to and from the location of the operation, and travel to and from the outdoor trip location, which may befall me, my partner, and passengers or equipment.

In entering into this agreement, I am not relying on any oral, written or visual representatives (collectively the staff) or any other inducement or coercion to participate, only of my own free will.

​If any provision of these terms and conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.

I HEREBY ACKNOWLEDGE that I have read this Agreement at my leisure and understand that it is a full and final release and waiver of all my claims, and those of all children under 19 in my group, for damages or injuries sustained as a result of my activities with the Company, and that I am signing this Agreement voluntarily, knowing full well that I am releasing and forever discharging the Company and its agents, servants, next of kin and employees of all liability for any losses and damages which I may sustain. I agree that this Agreement shall be governed in all respects by and interpreted in accordance with the laws in Canada.

I, the Lessee, hereby agree to the conditions stated above and understand the risk inherent in these activities and that the laws of British Columbia govern this agreement. Both, the Lessee and Company hereby agree to submit to the exclusive jurisdiction of the Canadian Courts in the province of British Columbia.