Rental Agreement

Lease.Icebound Excursions and its owners/partners (“Icebound“) hereby leases to the Customer a SnoBear mobile ice fishing shack (the “Equipment“), on the terms and conditions set forth herein, for the duration of the Term, as hereinafter defined.
Term.The term (the “Term“) of this Agreement shall be as noted above. If the Equipment remains in the possession of the Customer beyond the Term, then all of these terms and conditions shall be deemed to extend until the Equipment is returned to Icebound and a daily late penalty shall be charged to the Customer in accordance with these terms and conditions.
Rent.The Customer shall pay to Icebound rent plus applicable taxes for the lease of the Equipment in the amount as noted above (the “Rent“). Icebound shall provide the Customer with an invoice upon return of the Equipment. Receipt of the invoice is not a condition of the Customer’s obligation to pay Rent. The Customer authorizes Icebound to charge the Rent, and any additional charges payable in accordance with these terms and conditions, to the credit card identified above. Interest on any unpaid Rent will be charged at the rate of 2% interest per month, being 24% interest per year (not compounded) on all overdue sums owing to Icebound.
Reservation Deposit. Upon or prior to signing this Agreement, the Customer shall pay to Icebound a reservation deposit in an amount equal to 50% of the Rent (the “Reservation Deposit“) to be held without interest and applied by Icebound against the Rent and any other amounts outstanding or payable pursuant to these terms and conditions.
Cancellation by Icebound. Icebound reserves the right to cancel the lease of the Equipment at any time due to inclement weather and/or ice conditions. In the event of cancellation by Icebound, the Reservation Deposit shall not be refundable, but shall be transferrable to a future rental by the Customer.
Cancellation by the Customer. If the Customer cancels the lease of the Equipment thirty (30) days or more prior to the start of the Term, the Reservation Deposit shall be fully refundable. If the Customer cancels the lease of the Equipment less than thirty (30) days but fourteen (14) days or more prior to the start of the Term, the Reservation Deposit shall not be refundable but shall be transferrable to a future rental by the Customer. If the Customer cancels the lease of the Equipment less than fourteen (14) days prior to the start of the Term, the Reservation Deposit shall not be refundable or transferrable and Icebound shall be entitled to retain the Reservation Deposit.
Damage Deposit. Prior to the start of the Term, the Customer shall pay to Icebound a damage deposit in the amount of $1000.00 (the “Damage Deposit“) to be held without interest and applied by Icebound against any amounts outstanding or payable pursuant to these terms and conditions. If the Customer defaults in the performance of any of the terms and conditions of this Agreement, then Icebound may, at its option, apply all or any part of the Damage Deposit on account of any losses or damages sustained by Icebound as a result of such default. If the Customer complies with all of the terms and conditions of this Agreement, the Damage Deposit shall be returned in full, without interest, to the Customer at the end of the Term.
Use.The Customer shall keep the Equipment in good repair and working order during the Term, and shall return the Equipment to Icebound on the date that the Term expires, in the same condition as it was leased, ordinary wear and tear excepted. The Customer shall make no alterations, attachments or modifications to the Equipment. The Customer shall use the Equipment in a careful and proper manner and shall comply with all provincial, municipal and other laws and regulations in any way relating to the possession, use or maintenance of the Equipment, including without limitation such laws or regulations pertaining to fishing and to the use of off-road vehicles. The Customer represents that the Customer has the knowledge and skill, to properly use and care for the Equipment. Operation of the Equipment while under the influence of drugs or alcohol is strictly prohibited. Smoking or use of any combustible material in the Equipment is strictly prohibited, which shall include but not be limited to any tobacco products, marijuana, e-cigarettes or personal vaporizers, or any other controlled drug or substance.
License Requirements. The Customer acknowledges that he/she and each of the driver’s listed above are at least twenty one (21) years of age and are capable and validly licensed drivers in the jurisdiction(s) where the Equipment will be used. The Customer agrees that Icebound has the right to verify that driver licenses have been validly issued and are in good standing. Only those persons listed as drivers above and no other person may drive the Equipment.
Late Return. If the Customer fails to return the Equipment at the end of the Term, the Customer authorizes Icebound to charge a late penalty to the credit card identified above of $700 for each calendar day until the Equipment is returned.
Loss or Damage.The Customer is responsible for and accepts the risk of loss or damage to the Equipment until it is returned to Icebound. Where the Equipment is returned unclean, an additional charge of $100 will be added to the Rent. Where there is loss or damage to the Equipment, the Customer is responsible for all costs incurred by Icebound to restore the Equipment. Icebound may, at its option, apply all or any part of the Damage Deposit on account of any losses or damages sustained to the Equipment. Equipment lost, stolen or damaged beyond repair will be charged to the Customer at Icebound’s full replacement cost, plus twenty percent (20%).
Transporting Equipment.The Customer may either pick-up and transport the Equipment itself to and from Icebound’s facility or Icebound may transport the Equipment to the Customer at an agreed upon location. If the Customer has arranged to pick-up and transport the equipment itself then the Customer shall do so at its own cost and expense, and shall be responsible for returning the Equipment to Icebound’s facility before the end of the Term. If the Customer has arranged to have Icebound provide transportation services, then an additional mileage charge of $0.55 per kilometer for delivery and pick-up of the Equipment will be added to the Rent.
No Warranty. The Customer leases the Equipment from Icebound “as is”. Icebound makes no representation or warranty with respect to the Equipment, including, with limitation, as to the durability, quality, condition or suitability of the Equipment for the Customer’s purposes, except that Icebound warrants Icebound has the right to lease the Equipment to the Customer. The Customer and Icebound agree that the limited warranty made by Icebound set forth herein is exclusive and in lieu of all other warranties (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose and any other implied warranties that may arise from a course of dealing or usage of trade). Icebound hereby disclaims and excludes all other warranties.
Assumption of Risk, Waiver, Limitation of Liability and Indemnity. The Customer assumes the risks and hazards related to the use of the Equipment including, but not limited to: accidents, collisions, inclement weather, failure to act safely or within one’s own ability to operate the Equipment, negligence of other persons and negligence on the part of the Customer. The Customer waives all claims against Icebound and its owners, agents, personnel and employees which the Customer or anyone claiming through or on the Customer’s account may now or in the future have, including, without limitation, any claims in respect of any personal injury, death, property damage or loss, resulting directly or indirectly from or pertaining to the use, condition or operation of the Equipment and even if caused by the negligence of Icebound or any of its owners, agents, personnel or employees. The Customer hereby indemnifies Icebound and its owners, agents, personnel and employees from any and all loss, claims, costs, expenses, damages and liabilities (including, without limitation, reasonable lawyers’ fees) howsoever caused, resulting directly or indirectly from or pertaining to the use, condition or operation of the Equipment, and even if caused in whole or in part, by the negligence of Icebound or any of its owners, agents, personnel or employees.
Assignment.The Customer agrees not to assign this Agreement or transfer, sublease, encumber or give up possession of the Equipment without Icebound’s prior written consent, which may be arbitrarily withheld.
Miscellaneous.The Customer consents to the collection, use and disclosure of personal information for the purposes set out in this Agreement and enabling Icebound to provide the Equipment. A facsimile copy of this Agreement and a facsimile signature will be treated as an original and will be admissible as evidence of this Agreement. Time shall be of the essence of this Agreement. The Agreement shall be construed according to the laws of the Province of Manitoba and the laws of Canada applicable therein. This Agreement is binding on the Customer and the Customer’s heirs, executors, administrators, successors and permitted assigns, as the context may require. If more than one Customer is named or executes this Agreement, the liability of each Customer shall be joint and several. This Agreement constitutes the entire agreement between the Customer and Icebound. The rights of Icebound hereunder are cumulative and no exercise or enforcement by Icebound of any right or remedy hereunder shall preclude the exercise or enforcement of any other right or remedy hereunder or which Icebound is otherwise entitled by law to enforce. Icebound is the sole owner of the Equipment at all times during the Term. The Customer acknowledges that any provisions of this Agreement not valid by virtue of any applicable legislation shall not affect any other provision. Any provision hereof is declared and deemed severable and separate from any other provision.