PolarEx Tourism
Liability Waiver and Release Agreement
Please read carefully - this is a legally binding agreement.
This Liability Waiver and Release Agreement is entered into by and between the undersigned renter and PolarEx Tourism DBA Niagara Scooter Rentals, effective as of the date signed below.
1. Assumption of Risk
Renter acknowledges that operating a scooter involves inherent risks, including but not limited to:
- Loss of control, collisions, and falls
- Road hazards, weather conditions, and traffic
- Mechanical failure or improper use
Renter voluntarily assumes all risks, known or unknown, associated with the use of the scooter.
2. Release of Liability
To the fullest extent permitted by law, Renter hereby releases, waives, and discharges the Company, its owners, employees, agents, and affiliates from any and all liability for injury, death, loss, or damage to person or property arising out of or related to the use of the scooter, including claims based on negligence.
3. Indemnification
Renter agrees to indemnify and hold harmless the Company from any claims, damages, costs, or expenses (including legal fees) arising from:
- Renter's use or misuse of the scooter
- Violation of laws or regulations
- Injury or damage caused to third parties
4. Eligibility and Responsibility
Renter represents and warrants that:
- They are at least 18 years old
- They possess the necessary skill and physical ability to safely operate a scooter
- They will comply with all applicable laws and regulations
- They will not operate the scooter under the influence of drugs or alcohol
5. Helmet and Safety
Renter acknowledges that helmet use is strongly recommended (or required where applicable) and agrees to use safety equipment as provided or required by law. Failure to do so increases risk and is solely the Renter's responsibility.
6. Equipment Condition and Use
Renter agrees:
- To inspect the scooter before use and report any defects
- To use the scooter only for its intended purpose
- Not to modify, misuse, or allow unauthorized use
- To return the scooter in the same condition (normal wear excepted)
7. Damage or Loss
Renter accepts full financial responsibility for any loss, theft, or damage to the scooter during the rental period, regardless of cause.
8. Medical Treatment
Renter consents to receive medical treatment in the event of injury and agrees to bear all associated costs.
9. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and applicable federal laws of Canada.
10. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. Acknowledgment
Renter acknowledges that they have read this Agreement, fully understand its terms, and sign it freely and voluntarily. Renter understands that they are waiving certain legal rights, including the right to sue.
Your information will be sent securely for rental and waiver records.