Waiver Agreement
RENTAL AGREEMENT, WAIVER OF LIABILITY AND ASSUMPTION OF RISK
⚠️ IMPORTANT – READ CAREFULLY
BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE.
By signing this agreement, I agree as follows:
1. ASSUMPTION OF RISK
I understand that hiking and the use of rental equipment (including backpacks, trekking poles, and bear spray) involve inherent risks, dangers, and hazards that may result in INJURY, DEATH, OR PROPERTY DAMAGE.
These risks include, but are not limited to:
Slips, falls, and terrain hazards
Equipment failure or misuse
Changing weather conditions
Encounters with wildlife
Risks associated with the use or misuse of bear spray
I freely accept and fully assume all such risks.
I confirm that I am physically and mentally capable of safely using the equipment and accept full responsibility for its use.
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2. WAIVER OF LIABILITY – INCLUDING NEGLIGENCE
To the fullest extent permitted by law, I waive any and all claims against Rentabackpack Inc., its owners, employees, and agents (the “Releasees”) for any injury, loss, damage, or expense, including death, arising from or related to my use of the equipment and participation in hiking activities, INCLUDING:
NEGLIGENCE
BREACH OF CONTRACT
BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE
This includes any duty of care owed under the Occupiers' Liability Act.
3. IMPORTANT ACKNOWLEDGMENT – NEGLIGENCE
I SPECIFICALLY ACKNOWLEDGE THAT I AM WAIVING ANY CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASEES.
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4. EQUIPMENT RESPONSIBILITY
I accept all equipment as provided and agree to:
Return all equipment in the same condition, reasonable wear and tear excepted
Pay the reasonable cost of repair or replacement for any equipment that is lost, stolen, or damaged while in my possession
Pay any applicable late or cleaning fees
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5. BEAR SPRAY SAFETY & TRAINING ACKNOWLEDGMENT
I confirm that I am at least 19 years of age and acknowledge the following:
Hazard Awareness: I understand bear spray is a regulated product under the Pest Control Products Act & can cause SERIOUS INJURY to eyes & lungs if misused.
Safety Training: I have received a safety briefing or instructional material from Rentabackpack Inc. on the correct use, including:
Accessibility: Carrying the canister in an accessible holster, NOT inside a backpack.
Deployment: Removing the safety clip and spraying in short bursts (1-2 seconds) at the bear's face once it is within range (approx. 5 -10 meters).
Prohibited Uses: I will not use this as a repellent (spraying on tents/gear) or as a weapon against humans.
Transport & Storage: I will not store bear spray in a hot vehicle or near sharp objects that could puncture the canister.
Bear Spray Canister #(s): ____________________________________
INITIAL HERE: [ ]
6. INDEMNITY
I agree to indemnify and hold harmless the Releasees from any and all claims, demands, damages, or losses (including legal fees) arising from:
My use or misuse of the equipment
Any injury, loss, or damage caused to third parties
7. ACKNOWLEDGMENT AND BINDING EFFECT
By signing below, I confirm that:
I HAVE READ AND UNDERSTAND THIS AGREEMENT IN FULL
I am signing this agreement voluntarily
I have had the opportunity to read and understand this agreement before signing
This agreement is binding upon me and my heirs, executors, and legal representatives
This agreement is governed by the laws of Alberta
My electronic or handwritten signature is legally binding
I UNDERSTAND THAT I AM WAIVING SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE.
If any part of this agreement is found to be unenforceable, the remaining provisions shall remain in effect.
To Be Electronically Signed at Time of Order or In-Person at Time of Delivery