TERMS AND CONDITIONS

Lakeside Marine Inc. O/A BoaterSkills.ca

This service agreement and liability waiver ("Agreement") is made and entered into as of the date of registration, by and between Lakeside Marine Inc., 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 Introduction to Power Boating 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, insured boating instructor and vessel to conduct the BoaterSkills.ca Introduction to Power Boating 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 15 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 must have a Pleasure Craft Operator Card, or other Canadian accepted proof of competency, in their name, from a Transport Canada recognized Course Provider, in order to participate as a powered vessel Operator in the BoaterSkills.ca  Introduction to Power Boating clinic or clinics;

2.0 Rescheduling and Cancellations
2.1 The Instructor reserves the right to cancel and/or reschedule the BoaterSkills.ca Introduction to Power Boating session for safety and security reasons, including:

a) Inclement weather in the immediate area of the clinic related to: Strong Wind Warning issuance or greater; lightning; heavy rains; fog, as noted by instructor, or issued by Environment Canada for the area;

b) The Student 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 or other Canadian accepted certificate of operator competence, 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.

e) Cancelation by the Instructor of an Introduction to Power Boating session for reasons stated in 2.1 b); 2.1 c); 2.1 d); may result in the loss of this training session and the student's registration fee due to Registration Under False Pretenses.

2.2  Student Rescheduling: The Student will provide a minimum of 48 hours’ notice to BoaterSkills.ca if unable to participate on the clinic's registered date. BoaterSkills.ca will assist with rescheduling to a later date based on Instructor availability and acceptable weather conditions. The Student must agree to a rescheduled date no later than September 30th of the calendar year or risk losing their full registration fee payment.

2.3 Cancelation by the Student: Cancelation without rescheduling of a BoaterSkills.ca Introduction to Power Boating session by the registered student may result in the loss of the full Registration Fee.

2.3 Cancelation by Lakeside Marine Inc./BoaterSkills.ca:  Lakeside Marine Inc. agrees to reschedule a BoaterSkills.ca Introduction to Power Boating session, at no extra cost, on the next available date to The Student under the following conditions:

a) Inclement weather prohibits the training session from being delivered safely. For example, the issuance of warning for lightning storms, fog, heaving rains, 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, or the instructor, prior to the agreed to date and start time of the Introduction to Power Boating session.

d) The registration fee will be refunded in full to The Student if the Introduction to Power Boating session cannot be rescheduled as a result of the conditions outlined in 2.3 (a) and (b).

Lakeside Marine Inc./BoaterSkills.ca is not responsible for any boating actions or infractions of the registered student following the completion of a BoaterSkills.ca Introduction to Power Boating session.  It is the responsibility of every operator to assess the conditions, and to consider their level of boating skill and knowledge, prior to heading out on the water.