Terms and Conditions:
1. The Renter and Additional Driver shall provide Fling with a valid credit card, driver’s license, and pleasure craft/snowmobile operator’s license (if applicable).
2. The Renter shall pay to Fling:
a. Daily rental charges all mileage for delivery and pick-up by Fling (if applicable), as specified in the Rental Terms of this Agreement, for the entire period commencing with the time when the vehicle is to be delivered to the Renter until it is to be returned to Fling’s place of business in Pike Lake, Saskatchewan (the “Rental Period”).
3. The Renter shall pay FLING! in full accordance with paragraph 2, above, prior to the commencement of the Rental Period.
4. In addition to the payment described in paragraph 2, above, FLING! shall have the right to pre-authorize the Renter’s credit card for up to $2,000.00 prior to the commencement of the Rental Period.
5. The Renter shall be held financially responsible and reimburse Fling for the repair or replacement resulting from all damage caused to the Vehicle during the Rental Period.
6. The Renter agrees that FLING! may process the above credit card for payment of all amounts owing by the Renter to FLING! under this Agreement, including those resulting from damage caused to the Vehicle pursuant to paragraphs 2 and 3 of these Terms and Conditions, above, and the Cancellation Policy outlined in paragraph 13, below.
7. The Renter assumes all risks of loss, injury or damage during the Rental Period which may occur to the Vehicle, equipment, property, the Renter, or any of the Renter’s next of kin, agents, guests, invitees or any other third party.
8. The Renter shall indemnify FLING!, its directors, officers, principals, agents, trustees, beneficiaries, and employees and shall save them harmless from all loss, claims, actions, liability, damages, loss and expense in any way arising from, related, or connected to loss of life, personal injury, damage to the Vehicle or any other loss or injury whatsoever arising out of this Agreement, any breach of the Renter’s obligations under this Agreement, or occasioned wholly or in part by any act or omission of the Renter or by anyone permitted by the Renter to be operate or be a passenger in the Vehicle. This indemnity is absolute and applies despite any allegation of negligence on the part of FLING! or its representatives.
9. The renter acknowledges:
a. Having inspected the Vehicle and, except for the Pre-Existing Damage noted in the Rental Terms of this Agreement, the Vehicle was free from apparent damage at the time of delivery to the Renter.
b. That the Vehicle was in apparent good operating condition at the time of delivery to the Renter.
10. The Renter warrants that the Renter and the Additional Driver are competent to operate the Vehicle.
11. The Renter shall ensure the Vehicle is kept clean and shall return the Vehicle to Fling in the same condition in which it was received, except for reasonably expected wear and tear. Failure to do so will result in cleaning fees charged to the Renter and/or repair of damages charged to the renter pursuant to paragraph 3 of these Terms and Conditions, above.
12. The Renter shall not permit the Vehicle to be operated by anyone other than the Renter and the Additional Driver named in the Rental Terms of this Agreement.
13. The Renter shall not operate the Vehicle or permit it to be operated by any person:
a. Who is at the time under the influence of alcohol or other intoxicant or drug, to an extent prohibited by law or otherwise to an extent that would impair the reasonable operation of the Vehicle by that person.
b. Who has provided false or misleading information to Fling in connection with this Agreement.
c. In a reckless, dangerous, or abusive manner, including carrying more passengers than is permitted by law or recommended by the Vehicle’s manufacturer.
d. Where the Vehicle is damaged to an extent that it interferes with the operation of the Vehicle.
14. Where the Vehicle is damaged to the extent that it interferes with its operation, breaks down, or if a mechanical or other problem with the Vehicle is discovered during the Rental Period, the Renter shall immediately:
a. Notify Fling by calling the number provided.
b. Follow the instructions of Fling with respect to the Vehicle.
15. At the end of Rental Period, the Renter shall ensure the Vehicle is returned to Fling with a full tank of the fuel.
a. The renter may be liable for damages for up to 24 hours after the rental period if there is suspicion of damages not visible in the initial walkthrough. The renter shall be notified that a more thorough inspection will be undergone if there are doubts the boat was brought back in good shape.
16. Cancellation Policy:
a. You may cancel at any time. However, any and all deposits are non refundable.
b. You may move your scheduled dates with a minimum of 2 week notice
17. The Renter shall not be considered or construed to be an agent or employee of Fling by reason of the provision of the Vehicle to the Renter.
18. All payments shall be made to Fling Pleasure Craft Rentals prior to delivery of the vehicle and the commencement of the Rental Period.
19. The Renter shall comply, and ensure that all persons under the Renter’s supervision comply, with this Agreement, any regulations provided to the Renter, and all relevant laws and regulations.
20. The renter shall abide by all highway travel speed limits and regulations
a. The renter may not travel any faster than 80KM an hour on any gravel roads. Indefinite proof of this may result in the renter forfeiting their damage deposit.
General:
21. Every provision of this Agreement is intended to be severable. If all or part of any term or provision hereof is illegal, invalid or unenforceable for any reason, such illegality invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement.
22. This Agreement shall ensure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
23. This Agreement shall be construed in accordance with the laws of Saskatchewan and the laws of Canada applicable therein. The parties attorn to the jurisdiction of the Courts of Saskatchewan.
24. This Agreement may be executed and delivered in counterparts and by facsimile transmission or email PDF form and the parties hereto may rely upon all such signatures as though they were original signatures.