HOW TO SAIL LIKE A CAPTAIN

1. Follow safety briefing Listen carefully to the safety instructions provided by the crew. Pay attention to where the life jackets and safety equipment are located and how to use them in case of an emergency.

2. During an emergency Follow and do not question the instructions of the Captain.

3. Stay alert Be aware of your surroundings and keep an eye out for any potential hazards such as sharp objects, slippery decks, and other passengers moving around the yacht.

4. Stay Hydrated Yachting can be physically demanding, and it's essential to stay hydrated, especially in hot weather. Drink plenty of fluids throughout the tour to avoid dehydration.

5. Be Respectful Show respect to the crew, and other passengers. Follow the crew's instructions and guidelines for behaviour on board. Avoid engaging in any risky behaviour or activities that could jeopardize the safety of others on board.

6. Drink responsibly Boarding will not be permitted if you arrive intoxicated. If you become intoxicated during the tour, the Captain will without reservation or delay return the yacht to shore where you will disembark, no refund will be provided.

7. Photo(s) We may take photos / videos during the tour to use in social media. Your consent to use this material is implied, unless you inform us otherwise.

8. No Swimming or Water Entry Swimming, diving, jumping, wading, paddleboarding, or entering the water from the yacht is strictly prohibited unless specifically authorized by the Captain during a designated emergency. Any person entering the water contrary to these instructions may be removed from the tour without refund.
9. Captain’s Authority The Captain has final authority regarding vessel operations and passenger safety. Failure to follow crew instructions may result in refusal of boarding or removal from the tour without refund.

STILL UNSURE?

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THE LEGAL STUFF

DEFINITION

In this Release Agreement, the term “Ottawa Yacht Tours Inc.” shall include all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by the RELEASEES and shall include, but not be limited to yacht tours, sightseeing cruises, transportation by vessel, and other onboard recreational activities authorized by Ottawa Yacht Tours Inc. The definition of Ottawa Yacht Tours includes each and every Yacht Tour in which you participate during this season ending on October 15.

ASSUMPTION OF RISKS

I am aware that an Ottawa Yacht Tour involves risks, which include but are not limited to, rough or variable water conditions such as strong currents, large waves, wakes from other vessels, floating objects, underwater hazards such as weeds or plants, stumps, rocks or shoals, any of which may be encountered suddenly and without warning, and which may cause injury; rough or variable weather conditions, including heavy rain, lightning and high winds; spray; wet and slippery decks, ramps and stairs; boarding and disembarking; sudden or violent movement of the vessel; collision with docks, wharves, shore, objects or other vessels; accidental falls; accidental immersion in water; hypothermia following accidental immersion; capsizing; accidental drowning; tripping and falling; dehydration; heat exhaustion; blisters; pulled muscles; twisted ankles; knee and arm injuries; negligence of other passengers and other persons and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN AN OTTAWA YACHT TOUR INCLUDING THOSE REFERRED TO ABOVE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM AND/OR RELATING IN ANY WAY TO MY PARTICIPATION IN AN OTTAWA YACHT TOUR.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY

I HEREBY AGREE AS FOLLOWS:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the RELEASEES and to the release the RELEASEES of and from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin or others may suffer as a result of my participation in an Ottawa Yacht Tour DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.O. 1990, c. O.2 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING ANY FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN AN OTTAWA YACHT TOUR.

2. To hold harmless and indemnify the RELEASEES of and from any and all claims and liability, including all related legal fees and expenses, for any property damage, loss, personal injury or death to any third party, arising from or in any way connected with, my participation in the Ottawa Yacht Tour, or my use of the RELEASEES vessels, or equipment.

3. Notwithstanding anything else in this Release Agreement, and without detracting from any limitation or exclusion of liability contained herein, if it is held that any of the RELEASEES are liable to me for any claim, then I agree that the collective amount of their liability shall not exceed $1,000.00 CDN.

4. That this Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed and interpreted solely in accordance with the laws of the Province of Ontario and maritime laws of Canada, but no other jurisdiction.

5. That any litigation, actions, suits or claims against or involving the RELEASEES shall be brought solely within the Province of Ontario, and shall be within the exclusive jurisdiction of the courts of the Province of Ontario or of the Federal Court of Canada.

6. That this Release Agreement shall be effecting and binding upon my spouse, children, parents, heirs, next of kin, executors, administrators, successors, assigns and representatives in the event of my injury, death or incapacity and I shall fully indemnify the RELEASEES should any claim be made by a third party arising from my participation in an Ottawa Yacht Tour.

7. That in entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the RELEASEES, or the lack of any such representations or statements, with respect to the safety of, or my participation in, any part of an Ottawa Yacht Tour, other than what is set forth in this Release Agreement.

8. That I am age eighteen (18), or older, and that I have had an opportunity to carefully read this Release Agreement and to consider all of its contents; that I fully understand its contents and agree to be bound by its terms; and that I am relying wholly upon my judgment, belief and knowledge, freely and of my own accord, as acknowledged by my electronic acceptance of this Release Agreement.

9. That this Release Agreement constitutes as acceptance in writing of the risks of an Ottawa Yacht Tour pursuant to s. 37.1(1)(d) of the Marine Liability Act . S.C.2001,c. 6.

10. Ottawa Yacht Tours does not provide swimming, diving, snorkeling, watersports, or any other in-water recreational activities.