These terms and conditions (the “Terms and Conditions”) govern the use of www.hydrasportsto.com (the “Site”). This Site is owned and operated by Leandre Bazyomo. This Site is a Water sports equipment rentals site.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

INTELLECTUAL PROPERTY
All content published and made available on our Site is the property of Leandre Bazyomo and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

AGE RESTRICTIONS
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

ACCEPTABLE USE
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Harass or mistreat other users of our Site;
• Violate the rights of other users of our Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site;
• Act in any way that could be considered fraudulent; or
• Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

USER CONTRIBUTIONS
Users may post the following information on our Site:

• Public comments.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

SALE OF SERVICES
These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site:

• Wakeboarding Rentals;
• Jet Ski Rentals;
• Yacht Rentals;
• Tow Sports Rentals; and
• Hydrafly Rentals.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid only if it is within the rental time frame set out in the rental contract. Meaning the refund is subjected to processing fees and late cancellation fees. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

THIRD PARTY GOODS AND SERVICES
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

USER GOODS AND SERVICES
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.

SUBSCRIPTIONS
Your subscription does not automatically renew. You will be notified before your next payment is due and must authorize that payment in order for your subscription to continue.

To cancel your subscription, please follow these steps: Any subscriptions offered and paid for in full are non-refundable. Absolutely no exceptions. Other deals cannot be combined with the subscription services nor any other deals.

PAYMENTS
We accept the following payment methods on our Site:

• Credit Card;
• PayPal;
• Debit;
• Cash;
• Afterpay
• Affirm.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

REFUNDS

Refunds for Services
We provide refunds for services sold on our Site as follows:

• Signee(s) acknowledges to arrive 30 minutes prior to your rental start time to ensure that all documentation has been signed and completed in full as well as to prepare and go over any concern for your rental. There will be no extension of rental times if you are late and HYDRASPORTS ® reserves the ability to give your rental slot away after being late by 15 minutes or more. Cancellations made 48 hours prior to the rental date and/or time is only eligible for a 50% refund, while cancellations made within a 48-hour time period lose all monies associated with the rental services. NO SHOWS are charged entirely for the remaining amount within 1 hour of the scheduled rental time. There will be no refunds for completed trips and/or late admissions because of weather or any other circumstances.

CONSUMER PROTECTION LAW
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

LINKS TO OTHER WEBSITES
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

LIMITATION OF LIABILITY
Leandre Bazyomo and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

INDEMNITY
Except where prohibited by law, by using this Site you indemnify and hold harmless Leandre Bazyomo and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

APPLICABLE LAW
These Terms and Conditions are governed by the laws of the Province of Ontario.

ADDITIONAL TERMS

INSPECTION OF EQUIPMENT
The Signee certifies that the jet-ski(s), hydrafly boards(s), wake boards(s), yatch(s), water ski(s), life jacket(s), tie down rope(s) and any and all other pieces or items that have been rented to the signee are in good mechanical and physical working condition. (Good mechanical and physical working condition is not limited to but means in the same exact condition that it was giving to the signee in). The signee will inspect said Equipment and leases the same without any representations by Owners(s). If equipment has damage or problems Signee(s) must report damage on the provided form. Renters(s) will be held responsible for any damage to the ski and/or any of the other equipment that is not reported at the time of delivery.  

DAMAGES TO THE EQUIPMENT 
A damage/ security deposit of $400.00 CAD will be collected via Visa, MasterCard, American Express, and/ or any credit card payment, which the card user matches the same name of the individual renting the items for the equipment rented. The deposit will be applied toward the cost of the repairs of any and all damages suffered to the jet ski or equipment. If the cost of damages exceeds the damage deposit, the signee agrees he/she/her/they and or any identifiable individuals under governing law is fully responsible for the remainder of the costs incurred to repair or replace the jet ski to the same condition as the time the rental agreement was started. After the signee has returned all equipment there will be a full property and damage inspection completed by staff. Only and if all equipment that was initially rented out by any of the signee or the individuals that they are responsible for, are returned without damage, will all damage deposits will be returned in full. 

The signee also understands that they are responsible for the retrieval and/or replacement of the jet ski, life jacket and any safety items or equipment, if these items are in any way lost, stolen or misplaced during the rental period. Furthermore, the signee understands and agrees that he/she/her/they who is known to HYDRASPORTS ® is on a contractual binding agreement and should any damages exceed the $1000.00 security deposit, HYDRASPORTS ® will provide an itemized repair bill, including lost rental time (rental time begins with the date of the itemized repair bill, and stops when the jet ski or equipment is once again available for rental). Each daily jet ski rental is 649.99$ CAD + taxes. The itemized repair bill, including lost rental time, must be paid in full within 5 business days upon user’s presentation of the bill. The security deposit shall not bear interest. User shall be responsible for damages at and beyond the initial $1000.00 security deposit.

PLEASE BE AWARE

Major problems that can arise are few but costly. For example, for damage to the impeller
can cost several hundred dollars for debris sucked into the jet ski/jet boat while damage to the engine due to
overheating because of debris being sucked in can cost several thousand dollars.

Cash will be accepted as payment; however, the damage deposit is only liable to be accepted by a credit card payment with a limit minimum of 1000$ CAD. We have a non-tolerance lethal policy, meaning there are absolutely no exceptions. If there are any damages done the signee will have to pay for them.      

INSURANCE
HYDRASPORTS ® offers NO insurance coverage for equipment damages incurred during your rental period. Please check your homeowner, auto, or credit card policy to see if there is an endorsement available to you.

HYDRASPORTS EQUIPMENT OPERATION
The Signee(s) acknowledge and agree that the Equipment will be operated by the signee(s) named above prior to taking custody of it. signee(s) warrant that they are qualified operators of said Equipment as well as are aware of the risks associated with the equipment as well. They also acknowledge that signee(s) will not allow any other persons except a member of their party to operate the equipment. Signee(s) will be responsible for all such operation. Signee(s) will not operate the equipment, or permit anyone to operate the equipment, while under the influence of alcohol, drugs, narcotics and/or any medications that can or will alter the signee(s) impairment while operating any of HYDRASPORTS ® equipment. Signee(s) will be responsible for the operation of the equipment within all laws.                                                                                                   
JET SKI/JET BOAT USE
The Signee(s) agrees not to permit the use of or to use the jet ski for transportation of persons or property for hire and not to allow more than three persons on a jet ski at the same time, or 4 persons, which is inclusive of 2 people on the inflatable tube and 1-2 people max on the jet while in operation and pulling the tow tube. This is bounded to the maximum listed weight upon the jet ski boat at any one time for a total allowable weight of 700lbs

REPAIRS – SERVICE CALLS
Signee(s) acknowledges and understands that Owner(s) cannot guarantee against mechanical failures of the rental Equipment. Signee(s) agrees to immediately notify Owner(s) of defective or non-working units. Owner(s) will make every reasonable effort to repair or replace defective units as quickly and efficiently as possible. Repair due to normal wear and tear on the Equipment will be made by the Owner(s). Should a repair person make a call to repair or replace a unit that is found to be in working order and the problem was due to Renter(s) oversight or neglect or misuse, Renter(s) agrees that the repair call costs may be deducted from the Renter(s) security deposit.

LOSS OF RENTER(S) PROPERTY 

It is expressly agreed that HYDRASPORTS ®, shall not be liable for loss of or damage to any property left of stored by Renter(s) or any other person in or upon said equipment after return thereof to Owner(s). Renter(s) agree to hold Owner(s) harmless from and against any such claims.
LIABILITY AGREEMENT
A. RELEASE, REMISE, AND DISCHARGE HYDRASPORTS ®, the owners and operators of the Jet ski, wake boarding, tow tubing, hydrafly systems which including any and all boating activities sponsored by HYDRASPORTS ® (hereinafter referred to as “releasees”), from all liability to me, my personal representatives, heirs, next of kin, administrators, successors, and assigns, and for any and all loss or damage, any claims or demands on account of injury to me or any other person, whether or not the injury results in death, or damage to any property whether or not the property is owned by me, arising from, or in any related to my presence on the premises occupied by HYDRASPORTS ®., and/or my participation in any activities sponsored by HYDRASPORTS ®. INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE, INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE RENTERS NEGLIGENCE                                                                                  
B. AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES on account of injury to me or to any other person, whether or not the injury results in death, or account of damage to any property, whether  or not the property is owned by me, arising from, or related to, my use of any property owned or leased HYDRASPORTS ® whether or not these injuries or damages were caused by the releasees’ negligence

C. AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES from any loss, liability,
damage, or cost that may incur, including attorneys’ fees, arising from, or in any way related to, my presence on the premises occupied by MC WATERSPORT RENTALS LLC, my operation of a PWC/jet boat rented from or owned by MC WATERSPORT RENTALS LLC., and/or my participation in any activities sponsored by HYDRASPORTS ®
D. ASSUME THE RISK OF BODILY INJURY, DEATH, OR PERMANENT DAMAGE, whether due to the
negligence of RELEASEES negligence, my negligence, or any other reason or factor, while upon the  premises, while operating a PWC/jet boat rented from or owned by MC WATERSPORT RENTALS LLC., and/or while participating in any activities sponsored by HYDRASPORTS ®               

E. I the reader am aware that operating a jet ski involves inherent risks, including but not  Limited to collisions, accidents, and injury of myself and others. 

ASSUMPTION OF RISK

I am aware that operating a jet ski involves inherent risks, including but not limited to collisions, accidents, and injury to myself or others. 

PERSONAL RESPONSIBILITY

I agree to operate the jet ski responsibly and with due regard for my safety and the safety of others. I will not operate the jet ski under the influence of alcohol, drugs, or any substances that may impair my judgement or coordination. 

SAFETY EQUIPMENT

I understand that I must wear the provided safety equipment, including a life jacket, at all times while operating the jet ski

INSTRUCTION & SAFETY GUIDELINES

I have received and understand the safety guidelines and instructions for operating the jet ski provided by [Hydrasports]. I agree to comply with all such guidelines and instructions. 

RELEASE OF LIABILITY

In consideration of being allowed to use the jet ski, I hereby waive, release and discharge [Hydrasports] from any and all claims, demands, liabilities, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or others while using the jet ski. 

IDEMNIFICATION 

I agree to indemnify and hold harmless [Hydrasports], its employees, agents and representatives from any and all claims, suits, actions, damages, costs, or expenses, including attorney fees, arising out of or related to my use of the jet ski. 

MEDICAL TREATMENT

In the event of an injury or illness during my use of the jet ski, I authorize [Hydrasports] to seek medical treatment on my behalf and I agree to be responsible for any medical expenses incurred.

I (THE SIGNEE/ RENTER[S]) AGREE AND UNDERSTAND THAT

1. My participation in jet ski boat or boating activities, as with any watersport, will test my physical and mental limits, involves very powerful machinery, and exposes me to dangers associated with the operation of jet ski and/or boats. These dangers include, without limitations: collisions with other vessels 
   fixed objects, persons in the water, or objects in the water; exposure to the elements; mechanical breakdown; loss of control of the equipment; falling off the equipment; sinking of the jet ski; drowning; and other dangers known or unknown. I understand these rules and assume the risk of harm presented by these damages.
2. My presence on the premises operated by HYDRASPORTS ® and/or my participation in the jet ski or boating activities organized by HYDRASPORTS ® exposes me to potential risks that include, without limitations: death or serious injury to myself and/or others; and damage to property owned by me, HYDRASPORTS ®, and/or others.
   
   
3. Jet ski or boating activities may pose an additional danger to persons with pre-existing physical injuries or conditions, or other conditions, or to pregnant women. I am not aware of any physical or mental conditions that may affect my ability to participate in jet ski or boating activities or that may be aggravated by the participation in such activities. Alternatively, I acknowledge that I have consulted with my physician who has advised me that I may participate in these activities without restrictions.
   I will NOT participate in any jet ski or boating activities sponsored by HYDRASPORTS ® while my ability is impaired by alcohol, drugs, or otherwise. If found by discretion of HYDRASPORTS ® staff and or TORONTO POLICE or any water patrol guards to be impaired by said substances I further agree that my rental will be terminated and no refund will be provided.