WATERWAY HOUSEBOATS LTD. & WATERWAY HOUSEBOAT CHARTERS LTD. HOUSEBOAT RENTAL AGREEMENT

Transcription

1 WATERWAY HOUSEBOATS LTD. & WATERWAY HOUSEBOAT CHARTERS LTD. HOUSEBOAT RENTAL AGREEMENT NOTICE: This is an important agreement which affects your legal rights. Please take the time to read this agreement and its terms carefully to ensure that you understand its terms. DATE RESERVATION # RENTER ADDRESS PHONE (HOME) PHONE (MOBILE) Charter Period above (the Charter Period ) at the cost set out beside Charter Cost. 3. The Renter will be charged an additional $ per hour for each hour or part hour that the Houseboat is overdue for return unless: a. the overdue return results from a mechanical breakdown of the Houseboat which is not caused by or contributed to by the breach of the terms of this Rental Agreement or the deliberate, reckless, or negligent act(s) of the Renter, any member of the Party, or those for whom the Renter is responsible at law; or b. the overdue return results from inclement weather which in the discretion of Waterway would reasonably preclude the Renter from returning the Houseboat on time. Provided however, that if the Houseboat is not returned to Waterway at the end of the Charter Period, Waterway may take whatever steps it deems necessary to secure the immediate return of the Houseboat including but not limited to reporting the default to the police, retaining any security deposit paid by the Renter, not extending the protection of insurance to the Renter beyond the Charter Period and charging to the Renter s credit card any cost or charges arising from such overdue return. OFFICE USE BELOW # IN PARTY HOUSEBOAT HOUSEBOAT OWNERS (LEGAL AND BENEFICIAL) (the Owner ) INSPECTION OF HOUSEBOAT 4. The Renter will inspect the Houseboat, its systems, equipment and accessories prior to leaving the Waterway dock to satisfy himself or herself that all systems, equipment and accessories are in good working order and condition. 5. By accepting the Houseboat for rental, the Renter will be deemed to have acknowledged that the Houseboat and all its systems, equipment and accessories have been received in good working order and condition except as otherwise acknowledged in writing by Waterway and that the Houseboat has been received in good mechanical condition. CHARTER PERIOD Start: End: CHARTER COST $ PLUS TAXES DEPOSIT AMOUNT $ BUY DOWN FEE $ RENTER S REPRESENTATIONS 1. The Renter represents to Waterway Houseboat Charters Ltd. and Waterway Houseboats Ltd. ( Waterway ), which representaions Waterway expressly relies on, that he / she: a. is at least 19 years old (25 years old on the Legacy) and that he or she has provided two pieces of identification to Waterway, one of which being photo identification; b. is to be the principal operator and captain of the Houseboat; c. accepts and assumes the entire responsibility and liability for the safety of all members of the Party renting the Houseboat (the Party ) and for all actions and omissions of all members of the Party; d. will not permit anyone other than himself or herself and other members of the Party on board the Houseboat and that he or she accepts and assumes all responsibility and liability for the safety of anyone permitted or suffered to be on board the Houseboat and for all actions and omissions of all such persons; e. is not under a disability which might impair or prevent the safe or lawful operation of the Houseboat; f. will not permit anyone to operate the Houseboat who has been convicted for the negligent operation of a motor vessel or for a charge related to the operation of a motor vessel or motor vehicle while impaired by an intoxicant or exceeding lawful limits of alcohol within the past five years; and g. is qualified to operate a houseboat meaning: i. that he or she is familiar with and capable of operating a motor vessel; ii. that he or she is familiar with the rules of navigation applicable iii. to navigable waters; and that he or she has not been prohibited from the operation of a motor vessel. CHARTER PERIOD AND COST 2. The period of the rental of the Houseboat shall be as set out beside RENTER S RESPONSIBILITIES 6. The Renter understands and acknowledges that the Houseboat and the equipment and accessories described in this Rental Agreement or any schedule annexed hereto requires that the Renter has certain proficiency and knowledge in order to ensure safe operation. 7. The Renter further understands and acknowledges that he or she and all members of the Party have been given the opportunity to examine and familiarize themselves with the Houseboat its systems, equipment and accessories, and to read any manuals provided with the Houseboat or this Rental Agreement, in order to ensure the safe and proper operation of the Houseboat and its systems equipment and accessories. 8. The Renter will take all reasonable and proper care of the Houseboat during the Charter Period and will take all such precautions as may be necessary from time to time to ensure the safety of anyone who may be affected by the operation of the Houseboat and to ensure the good and proper condition and function of the Houseboat. 9. The Renter will comply with all laws from time to time in force in relation to the use and operation of the Houseboat. 10. The Renter understands and acknowledges that Waterway cannot guarantee uninterrupted power supply, communication systems, or engine operations onboard the Houseboat and Waterway recommends that any person who requires the reliability of any medical equipment or proximity to medical services NOT BOARD THE HOUSEBOAT, whether such medical equipment or services be life-sustaining, life-saving or otherwise. Any person who chooses to board the Houseboat despite this recommendation and warning, shall do so at the sole risk and responsibility of the Renter. RULES AND REGULATIONS 11. The Renter acknowledges and agrees that the Rules and Regulations attached hereto shall form part of the agreement between the Renter and Waterway. OPERATION OF HOUSEBOAT 12.The Renter shall not permit the operation of the Houseboat by any person under the age of 19 years (25 years on the Legacy), or by any person not entitled or qualified to operate the houseboat (as defined at paragraph 1(e) (f) or (g) above), or permit its use or operation for commercial purposes, or in any other manner contrary to the provisions of this Rental Agreement, or to any applicable laws, bylaws or regulations or for any unlawful purpose or for hire to other persons.

2 SECURITY DEPOSIT 13. Waterway acknowledges receipt from the Renter of a security deposit in the sum set out above which, together with any other amount deposited with Waterway, may be applied in the absolute discretion of Waterway to any uninsured loss or damage suffered by Waterway or the Owner, deductibles, lost inventory items, late return charges loss or damage arising from breach of any term or condition of this agreement or any other charges outlined in the Rules and Regulations. PUBLIC AND THIRD PARTY LIABILITY 14.The Renter understands and accepts that he or she is legally responsible for all damage to persons or property howsoever caused which may result from or arise by virtue of or in connection with the Renter s use of the Houseboat its systems, equipment and accessories. 15.Without prejudice to the terms of clause 13, insurance in the amount of $5,000,000 for bodily injury and property damage caused to third parties by the Renter is available to the Renter subject to: a. the terms of such insurance from time to time; b. a deductible in respect of each claim as required by the insurance provider; and c. compliance in full by the Renter and the members of the Party with the terms of this Rental Agreement. 16.The protection of this insurance will be offered to the Renter for the Charter Period only in so far as such insurance is available and on the terms of such insurance. None of Waterway, the Owner or their respective principals, agents, directors, officers, shareholders, servants, employees or affiliates of any of them make any representation or give any warranty in relation to the extent or coverage of such insurance save as expressly set out herein. The Renter acknowledges and agrees that he or she has been given the opportunity to inspect and review the terms of the insurance available pursuant to this clause and has entirely satisfied itself in respect of the adequacy and suitability of such insurance. In the event that any insurance proceeds for any risk or liability shall be withheld either in whole or in part the Renter shall be solely personally liable and responsible without any limitation for any injury, loss, cost, damage, expense, claim or demand and shall fully and effectually indemnify Waterway, the Owner of the Houseboat and their respective principals, agents, directors, officers, shareholders, servants, employees or affiliates of any of them against the same. RENTER S LIABILITY FOR DAMAGE TO HOUSEBOAT 17.The Renter understands and accepts that the Houseboat, its systems, equipment and accessories are insured by Waterway or the Owner against fire, marine collision and usual risks of accidental damage on terms customary for marine insurance. 18.In the event of any of the following, which shall be determined by Waterway in it s sole and absolute discretion: a. any deliberate, reckless or negligent damage or collision involving the Houseboat; b. any loss, damage, cost, or liability which is not insured; or c. any loss, damage, cost or liability in respect of which insurance monies are withheld or denied in whole or in part. d. The Renter shall be solely personally liable and responsible without any limitation for all losses, damage, costs, or liabilities arising therefrom whatsoever and howsoever and no claim in respect of any available insurance coverage will be made by Waterway. 19.The Renter further understands and accepts that the he or she shall be responsible for and shall pay to Waterway on demand the first $2, of any loss, damage, cost or liability even where the loss, damage, cost or liability is covered by insurance, which amount may be deducted from the Deposit at the discretion of Waterway. 20.Subject to applicable provisions of the insurance coverage described and the availability of such insurance above the Renter undertakes and agrees to pay for any loss, damage, cost or liability (except reasonable wear and tear) caused to the Houseboat, its systems, equipment and accessories immediately upon the determination by Waterway of the amount thereof at the end of the Charter Period. The determination of such amount by Waterway will be based upon a reasonable estimate of the cost of replacement, repair, and consequential liability and Waterway s determination shall be conclusive. 21.All service calls resulting from damage caused by the Renter will be charged to the Renter at a rate of $360 per hour ($250 for the service boat and $110 for the service technician). BUY DOWN FEE 22.The Renter may, upon payment of the buy down fee listed above purchase a buy down of the liability for the first $2,500 provided under paragraph 19, to $1,000 ($1,500 Legacy) (provided the buy down shall not apply to charges for lost inventory items, as set out in the Inventory List attached hereto, or any damage under the waterline, including propeller damage). INDEMNITY TO HOUSEBOAT OWNER(S) AND OTHERS 23. The Houseboat is legally and beneficially owned by the Owner set out above. Waterway Houseboat Charters Ltd. also has an agreement with Waterway Houseboats Ltd., its parent corporation, whereby Waterway Houseboats Ltd. provides administrative and management services to Waterway Houseboat Charters Ltd. 24. The Renter agrees to indemnify Waterway and the Owner by signing the Release, Indemnity and Acknowledgement attached hereto. WATERSLIDE 25. The Renter understands and acknowledges that any use of the waterslide will be at the risk of the Renter, the members of the Party and any other person or who use the waterslide. MALFUNCTION OR BREAKDOWN 26.In the event of any malfunction or mechanical or electrical failure or breakdown of the Houseboat or any of its systems, equipment or accessories, Waterway will attempt to service the Houseboat and to complete any required repair or replacement promptly. None of Waterway, the Owner of the Houseboat any principal, agent, director, officer servant or employee and all affiliates of any of them shall be responsible to the Renter or any member of the Party and the Renter shall not be entitled to any adjustment of amounts paid in respect of the rental for any delays or interruptions which may be occasioned thereby. RENTER'S LIABILITY FOR DAMAGES SUFFERED BY WATERWAY 27.The Renter acknowledges and agrees that there will be loss or damage suffered by Waterway if the Renter, or any member of the Party, does any of the following during the term of the Charter or while on Waterway property : a. contravenes one or more of sections 6, 12, 14, 16, 18, 19 and 23 to 34 of the Rules and Regulations; b. contravenes any laws of Canada or British Columbia from time to time in force, including but not limited to laws related to the following: i. the use and operation of the Houseboat, including but not limited to operation while impaired by alcohol or drugs; or ii. the unlawful possession or consumption of alcohol by the Renter or any member of the Party while the Renter or any member of iii. the Party is on or in the vicinity of the Houseboat; the possession of any restricted substance (such as marijuana or cocaine) by the Renter, or by a member of the Party with the prior knowledge of the Renter; c. acts in a manner that i. is physically or verbally abusive to any person; ii. endangers the health or safety of any person; iii. is disruptive of the recreational activities of any person; d. assaults any person ; or e. causes injury or damage to any persons or their property; The Renter expressly acknowledges that any conduct by either the Renter or a member or members of the Party set out in sub-paragraphs 27 a) to e), inclusive, will result in Waterway suffering losses or damages, which may include but are not limited to losing the opportunity of repeat business from existing or potential houseboat renters who may be affected directly by such conduct, or who may be a witness to such conduct; the lost opportunity of referrals of business from such persons; the settlement by Waterway of a claim of damage by such persons; or the general harm to the good reputation of Waterway which has been established over 30 years of catering to the houseboat rental market. The Renter further specifically agrees that the determination of whether the conduct set out in paragraph 27. a) to e) has occurred shall be made by Waterway senior management in their sole and absolute discretion, acting reasonably. The Renter hereby agrees that as a genuine pre-estimate of such losses or damages, and not as a penalty, the Renter shall pay to Waterway on demand the sum of $2,500 as liquidated damages, and specifically

3 authorizes Waterway to charge such amount to the credit card of the Renter deposited with Waterway or to deduct such amount from any security deposit held by Waterway. Any damages assessed under this paragraph 27 are in addition to and not in substitution of any other fees or charges assessed under this Contract. The Renter acknowledges that he or she has read and understood the terms of this Rental Agreement and that the terms of this Rental Agreement are reasonable and voluntarily accepted by the Renter. FORFEITURE OF CHARTER 28. Waterway reserves the right to immediately cancel the remaining Charter Period without notice with the resulting forfeiture of any fees paid and/or due in respect of the rental of the Houseboat in any of the circumstances listed under Forfeiture of Charter in the Rules and Regulations attached hereto. EMERGENCY CALLS 29. The Renter shall call 911 directly in the event of an emergency. In the event that the Renter cannot reach 911, the Renter should radio Waterway and Waterway will contact 911 on behalf of the Renter. Between the hours of 8PM and 8AM (7:30PM and 8AM during the fall season), Waterway s service personnel are not on the lake. Waterway will only initiate a response on the lake during such times if the police or paramedics request Waterway s assistance. The Renter agrees to pay Waterway the cost of the service boat and personnel a fee of $1000 (plus applicable taxes) per incident. Waterway will issue a receipt which may be reimbursed by the Renter s insurance company, if the Renter has such coverage. In the event no coverage is available, this fee may be deducted from the Deposit or charged to the Renter s credit card without further notice to the Renter. These procedures are mandatory for safety and liability reasons. GENERAL PROVISIONS 30. Entire Agreement. This Rental Agreement, the Rules and Regulations, and the Release, Indemnity and Acknowledgement contain the whole agreement between the parties in respect of the subject matter hereof and there are no warranties, representations, terms, conditions or collateral agreements, express, implied or statutory. 31. Enurement. This Rental Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, and administrators, successors and permitted assigns. 32. Joint and Several. Any covenant, agreement, condition or proviso made by two or more parties to this Rental Agreement shall be construed as several as well as joint. 33. Applicable Law. This Rental Agreement and the Release and Indemnity shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of British Columbia with respect to all matters arising out of this Rental Agreement and the Release and Indemnity. 34. Severability. If any covenant or other provision of this Rental Agreement is invalid, illegal or incapable of being enforced by reason of any rule of law or public policy, such covenant or other provision shall be severed and all other conditions and provisions of this Rental Agreement shall nevertheless remain in full force and effect and no covenant or provision shall be deemed dependant upon any other covenant or provision unless so expressed in this Rental Agreement. 35. Survival. The obligations of the Renter shall survive the expiry of the Charter Period howsoever such expiry occurs in so far as the same remain to be observed or performed. BALANCE OF PAGE INTENTIONALLY LEFT BLANK

4 WATERWAY HOUSEBOATS LTD. & WATERWAY HOUSEBOAT CHARTERS LTD. RELEASE, INDEMNITY & ACKNOWLEDGEMENT NOTICE This is an important agreement which affects your legal rights. Please take the time to read this agreement and its terms carefully to ensure that you understand its terms. To: Waterway Houseboat Charters Ltd. and Waterway Houseboats Ltd. ( Waterway ) and the owners of the Houseboat whether legal or beneficial and their respective directors, shareholders, officers, agents, employees, servants and representatives (collectively the Other Parties ). In consideration of the agreement of Waterway to rent the Houseboat to me or my party subject to the terms of the Rental Agreement and the Rules and Regulations which I acknowledge are fair and reasonable I, the undersigned, agree with the Other Parties that: 1. I agree to be bound by the Rental Agreement and the Rules and Regulations and to observe and perform them. I also agree to enforce the terms of the Rental Agreement and the Rules and Regulations against anyone using the Houseboat during the Charter Period as defined in the Rental Agreement. 2. All of my activities and anyone using the Houseboat shall be at our own risk and that I unconditionally and voluntarily assume the entire risk of any and all accidents, incidents or personal injury, including death, which I may suffer, or which a member of my party or any other person may suffer, during the Charter Period, however caused. 3. I acknowledge and understand that Waterway cannot guarantee uninterrupted power supply, communication systems or engine operations onboard the Houseboat and that Waterway recommends that any person who requires the reliability of any medical equipment or proximity to medical services NOT BOARD THE HOUSEBOAT, whether such medical equipment or services be life-sustaining, life-saving or otherwise. I accept the full risk and responsibility should I or any other person choose to board the Houseboat despite this recommendation and warning by Waterway. 4. I unconditionally and irrevocably release and discharge the Other Parties from any and all actions, claims or demands, which I or my heirs or successors may now or at any time hereafter have against the Other Parties, whether for any loss, damage or injury to me, my person, my family, my children who are under the age of majority, any member of my party, or any property or otherwise as a consequence of, or arising out of, or in connection with the Houseboat rental, even if the loss damage or injury may have been contributed to or occasioned by any act or failure to act (including, without limitation, negligence) of the Other Parties. c. any penalties imposed by law arising from the operation of the Houseboat during the Charter Period; whether or not such claim, action, demand, loss, cost, damage, expense or liability may have been contributed to or occasioned by any act or failure to act (including but without limitation, negligence) of the Other Parties. 6. I acknowledge and agree that notwithstanding any provision of the Rental Agreement or the Rules and Regulations it remains my sole responsibility to be captain of the Houseboat and accordingly, I will govern myself and the members of my party in such a manner to be responsible for the safety of myself and the members of my party. 7. I further acknowledge that I have been advised of and I am aware of the risks inherent in the operation of and of being a passenger in a houseboat of the nature and type of the Houseboat and I am aware that such activity could result in death or serious injury to me, my person, my family, my children who are under the age of majority or any member of my party. In particular, but without limitation, I am aware of the following risks: a. the lake on which the Houseboat is operated contains or presents natural risks and hazards such as shallows, submerged objects, adverse waves and severe weather conditions from time to time; b. others on board the Houseboat may act irresponsibly or in a way which compromises safety; c. the consumption of alcohol or drugs will impair my ability give and respond to directions and to ensure my safety and the safety of others on board the Houseboat including the safety of any children; and d. a collision with another vessel, dock or wharf could occur. Any of which events or activities could result in serious injury or death. 7. This Release and Indemnity shall bind my heirs and successors. BALANCE OF PAGE INTENTIONALLY LEFT BLANK 5. I unconditionally and irrevocably indemnify the Other Parties from and against: a. any claim action demand loss cost damage expense or liability suffered or incurred by me or any member of my party in connection with the use of the Houseboat and its systems, equipment and accessories or the terms of the Rental Agreement whether such liability be for damage caused directly or indirectly consequentially, or otherwise to persons or property; and b. any claim action demand loss cost damage expense or liability suffered or incurred by the Other Parties in connection with (i) the use of the Houseboat and its systems, equipment and accessories by me and/or the members of my party and (ii) any failure to comply with the terms of the Rental Agreement by me or any member of my party howsoever such loss cost damage or liability is suffered or incurred; and

5 I understand and agree that Waterway is relying upon the terms of this Release, Indemnity & Acknowledgement. I enter into this Release, Indemnity & Acknowledgement voluntarily and to induce Waterway to agree to charter the Houseboat to me. Signed as of the date of the Rental Agreement. The undersigned acknowledges that he or she has read and understood the terms of this Release, Indemnity & Acknowledgement, the Rental Agreement and the Rules & Regulations and that the terms thereof are reasonable and that I assume the risks associated with using the Houseboat. The undersigned acknowledges that he or she has read and understood the terms of this Release, Indemnity & Acknowledgement, the Rental Agreement and the Rules & Regulations and that the terms thereof are reasonable and that I assume the risks associated with using the Houseboat.

6 WATERWAY HOUSEBOATS LTD & WATERWAY HOUSEBOAT CHARTERS LTD. RULES & REGULATIONS Shuswap Lake and Mara Lake are precious natural resources being enjoyed by a variety of different groups, houseboats, water-skiers, cabin owners, fisherman, etc. The following Rules and Regulations have been set out to ensure the protection of the health and safety of the Renter and passengers of the Houseboat, to ensure the mutual respect of each group s rights and to enhance your stay on Shuswap Lake and Mara Lake (the Lake ). 1. The Houseboat is to be used at all times in compliance with the rules of navigation. Any damage occurring as a result of failure to do so will be charged to the Renter. 2. Posted speed limits are to be observed. Outside of the dock areas and adjacent narrow channels, speed limits are posted which are strictly enforced, with fines imposed and enforced by local authorities. 3. Docks and bridges must always be approached at dead slow speeds with permission from Waterway Base. 4. There shall be no barbecuing while the Houseboat is underway or while moored on Waterway s dock. 5. Top deck security railings are provided for safety. Standing or sitting on or jumping from the railings or the front roof area outside railings is not permitted. 6. The Renter, members of his/her party and guests shall observe all applicable laws including noise by-laws in effect on the Lake. Between the hours of 11:00 p.m. 8:00 a.m. a noise by-law is in effect with the Sicamous District. Persons breaching this by-law are subject to fines or forfeiture of charter. The playing of loud music on the outside houseboat speakers is not permitted after 11:00 p.m. 7. The Renter shall advise Waterway immediately of any structural or mechanical defect which affects the safe operation of the Houseboat. The Renter shall also report immediately to Waterway any accident involving the Houseboat and comply fully with all requirements of Waterway in connection therewith. 8. Upon return of the Houseboat to Waterway, lost inventory items and propeller damage shall be charged to the Renter and deducted from the security deposit in accordance with Waterway s schedule of inventory valuation and damage assessment. 9. A minimum fee of $ will be charged to the Renter and deducted from the security deposit if any Houseboat is returned in an excessively unclean condition. 10. Gas tanks will be topped upon return of the Houseboat and gas will be charged to the Renter at the rate from time to time imposed by Waterway. 11. All interior furniture on the Houseboats must remain inside the Houseboats at all times. Any confirmed reports of violations will be assessed the full replacement value. 12. Beaching and overnight moorage in front of private cabins on the Lake is not permitted. There are over 600 miles of vacant shoreline for your enjoyment on the Shuswap. 13. Do not attempt to beach your Houseboat in strong winds or storms. Rather, continue under power in a safe manner until safe to beach. 14. It is illegal to dispose of refuse on the beach or in the Lake. Proper receptacles are provided on the boats to dispose of waste at the Marina. 15. Tying the Houseboat to any other Houseboat or other vessels (i.e. Rafting) is prohibited. Towing other vessels other than small ski boats is prohibited. 16. Use of any projectiles (fireworks, water balloons, golf balls, etc.) launched from the Houseboat is strictly prohibited. 17. Two VHF Channels are available for your usage. Channel 1 is for communicating with Waterway base only and is used for all official and emergency communications. Channel 2 has been supplied for boat to boat communications. Radio misuse is a criminal offense. 18. Fireworks and Houseboats DO NOT MIX. Fireworks are not allowed on the houseboat. If this situation occurs and regardless of whether fireworks are bought on board by the Renter, a member of the party or any other person the entire security deposit will be immediately forfeited without warning as well as possible forfeiture of the charter. 19. Speakers, other than those provided on the houseboat, are not permitted on any Waterway Houseboat. Any vessel which contravenes this rule will be charged $ without warning, as a genuine pre-estimate of liquidated damages suffered by Waterway, which will be taken off the security deposit and the speakers will be removed and stored at Waterway s dock for delivery to the customer at the conclusion of the charter. There will be a minimum $ per hour for the service boat if Waterway is required to come and pick up the speakers. 20. Improperly parked vehicles at Waterway Marina will be towed at the owners expense. 21. Waterway Houseboats provides a clean air environment for all of our guests. If you smoke, please take the appropriate precautions and do so outside of your houseboat. Smoking inside the houseboat will result in a charge of $1,000 being applied against your security deposit. 22. Body paints or other paints are prohibited. These paints resulting in stains of any kind will cost the renter from their security deposit to remove or repair. FORFEITURE OF CHARTER Pursuant to the terms of the Rental Agreement, breach of the following terms may result in immediate forfeiture of the Charter: 23. Legacy houseboats are not permitted to beach at Neilson Beach. 24. The Renter shall be solely responsible for all members of the Party and acknowledges that the number of occupants on board the Houseboat MUST NOT exceed the maximum capacity of the Houseboat. 25. Any consumption of alcoholic beverages on Waterway s marina property (excluding the chartered Houseboat) is strictly prohibited and unlawful. 26. If the person operating or in care and control of the Houseboat is found to be intoxicated or his or her ability to operate the Houseboat is impaired by alcohol or drugs in the reasonable opinion of a representative of Waterway. 27. Under no circumstances is the Renter allowed to proceed into the channel to sail out to the Shuswap Lake unless the Renter has radio clearance and Permission from the Waterway dock. Entering the channel without Waterway clearance and permission will result in a $ charge as a genuine pre-estimate of liquidated damages suffered by Waterway, which will be deducted from the security deposit. **Please keep music off and the VHF radio on Channel 1 while waiting for clearance**. Waterway will notify the Renter when it is safe to proceed into the channel. If the Renter has stayed overnight on Mara Lake the Renter must still get Waterway clearance before entering the channel. If the Renter enters the channel without clearance and any damage occurs to the Houseboat, another vessel or structure, the Renter will be charged damages and will be called back to the Waterway dock for repairs; this could also result in forfeiture of charter. 28. Entering another houseboat without consent of the occupants is strictly forbidden and is illegal. This applies to boats in dock as well as on the Lake. Failure to abide by this rule will result in forfeiture of charter. 29. If the Renter or any member of the Party operates the Houseboat or leaves the Waterway dock before completing all rental documentation and arrangements, including completing the captain s instruction lesson. 30. If the Houseboat is underway during the period which is one-half hour after sunset until sunrise. 31. If the Renter or members of his or her party or guests act in an unruly boisterous or irresponsible manner, including but not limited to the use profane or obscene language, threatening or abusive behavior, unlawful behavior, misuse of the Houseboat or its systems, equipment or accessories, refusal to comply with reasonable directions from Waterway staff including concerning the volume of audio equipment while docked at the facilities of Waterway. 32. If the Houseboat is operated at excessive speed or creates an overly large wake in any narrow area of the Lake as determined in the discretion of Waterway. 33. If the Houseboat is used for any illegal purpose or for any purpose or in any manner which would render insurance coverage void either in whole or in part or is rented by the Renter to another person or persons. 34. If the Houseboat is tied to any other houseboat or vessel. 35. Waterway reasonably determines that the Houseboat is in jeopardy for whatever reason. 36. If there is any failure to observe or perform the terms of this Rental Agreement and/or any applicable laws or if the Renter or any member of the Party fail to observe the Rules and Regulations from time to time made by Waterway governing the use of the Houseboat.