ASSUMPTION OF RISK & RELEASE OF ALL CLAIMS
24 ft Pontoon Vessel | Bareboat Charter | Burrard Inlet, British Columbia
This Passenger Liability Waiver, Assumption of Risk, and Release of All Claims (this “Waiver”) is entered into by each person who signs below (each a “Passenger”) in favour of the charter operator, its owners, directors, officers, employees, agents, captains, crew, successors, and assigns (collectively, the “Released Parties”).
Each Passenger acknowledges that they are voluntarily boarding a 24-foot pontoon vessel for a bareboat charter operating exclusively within Burrard Inlet, British Columbia, and that this Waiver applies to the entire duration of the charter from boarding to disembarkation.
Each Passenger acknowledges and understands the following conditions of the charter:
• The Vessel operates exclusively within Burrard Inlet, British Columbia. The Vessel does not and shall not travel BEYOND the Line Between Brockton Point Lighthouse and Waterfront Park Dock.
• Burrard Inlet is an active commercial waterway shared with freighters, tugboats, BC Ferries, seaplanes, and recreational vessels.
• The Vessel is a 24-foot pontoon with a maximum capacity of nine (9) persons including any hired captain.
• Weather, tidal currents, vessel traffic, fog, and wind conditions in Burrard Inlet are unpredictable and can change rapidly.
• The charter may be operated by the Charterer directly (bareboat) or with an optional hired captain.
EACH PASSENGER VOLUNTARILY AND KNOWINGLY ASSUMES ALL RISKS associated with boating and marine activities, including but not limited to:
• Collision with other vessels, submerged objects, or marine structures;
• Capsizing, swamping, or sinking of the Vessel;
• Drowning or near-drowning;
• Hypothermia or cold-water shock;
• Falling overboard or on the deck of the Vessel;
• Personal injury or death caused by the actions of other passengers or the operator;
• Sudden changes in weather, wind, swell, or tidal conditions;
• Mechanical failure or breakdown of the Vessel or its equipment;
• Burns, cuts, or injuries arising from equipment aboard the Vessel;
• Property loss or damage arising from any cause.
Each Passenger confirms that their participation is entirely voluntary and that they have had the opportunity to assess the risks described above prior to boarding.
IN CONSIDERATION OF BEING PERMITTED TO BOARD AND REMAIN ON THE VESSEL, EACH PASSENGER, ON BEHALF OF THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNS, HEREBY UNCONDITIONALLY AND IRREVOCABLY:
(a) RELEASES, WAIVES, AND DISCHARGES the Released Parties from any and all liability, claims, demands, actions, and causes of action for personal injury, death, or property damage arising from participation in the charter, whether caused by the negligence of the Released Parties or otherwise;
(b) COVENANTS NOT TO SUE the Released Parties for any loss, injury, or death arising from or related to the charter; and
(c) AGREES TO INDEMNIFY AND HOLD HARMLESS the Released Parties from any claims, suits, losses, costs, and legal fees brought by or on behalf of the Passenger or any third party arising from the Passenger’s presence on or use of the Vessel.
This release applies to all claims arising from the negligence of the Released Parties, breach of any duty of care, failure to warn, mechanical defect, acts or omissions of any captain or crew, or any other cause connected with the charter.
Each Passenger agrees that the following are strictly prohibited during the charter. Violation of any prohibition may result in immediate termination of the charter without refund:
(a) Operation or attempted operation of the Vessel while under the influence of alcohol or drugs;
(b) Swimming or diving from the Vessel while the engine is in gear or running;
(c) Reckless operation of the Vessel or any violation of the Collision Regulations (COLREGs), CRC, c. 1416;
(d) Use of the Vessel for illegal activities, commercial sub-chartering, or any purpose not set out in the charter agreement;
(e) Exceeding the maximum vessel capacity of eleven (11) persons;
(f) Traveling past or through Lions Gate Bridge or outside Burrard Inlet;
(g) Possession or use of illegal drugs, narcotics, or any other contraband on board;
(h) Possession of weapons of any kind, including firearms, while on board.
Each Passenger acknowledges that:
• The Vessel is received in good working condition with all mandatory Transport Canada safety equipment on board as required by the Small Vessel Regulations SOR/2010-91;
• The Charterer, and by extension all Passengers, is responsible for any damage to the Vessel, engine, or equipment occurring during the charter period, regardless of fault, subject to the terms of the charter agreement;
• Each Passenger shall promptly report any damage, malfunction, or safety concern to the operator or hired captain immediately upon discovery;
• Passengers shall not tamper with, modify, or operate any vessel equipment unless authorized to do so.
Each Passenger agrees to comply with all safety instructions given by the operator, hired captain, or crew at all times. Each Passenger agrees to:
• Wear a Transport Canada-approved personal flotation device (PFD) when required or directed to do so;
• Remain seated during vessel operation unless the operator or captain permits otherwise;
• Ensure that children in their care are supervised and properly fitted with a lifejacket at all times on deck;
• Follow emergency procedures as directed by the operator or hired captain.
This Waiver shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. Any dispute arising from this Waiver shall be subject to the exclusive jurisdiction of the courts of British Columbia.
If any provision of this Waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalidity of one provision does not affect the validity of any other provision.
ACKNOWLEDGEMENT
BY SIGNING BELOW, EACH PASSENGER CONFIRMS THAT THEY HAVE READ THIS ENTIRE WAIVER,
UNDERSTAND ITS CONTENTS, AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.
THIS IS A FULL RELEASE OF LIABILITY INCLUDING THE RIGHT TO SUE.
Each Passenger has had the opportunity to seek independent legal advice and has either done so
or voluntarily waived that opportunity.
Last updated: May 2026