Question about renting people Canoes/Kayaks

canoequestions

Hi folks,

I was wondering if I was to buy a few canoes and set up on a beach in the south of Ireland and rent them to people for a few hours each day, would I be liable for their injuries if I made them sign a waiver? I don’t see it as any different than renting someone a bike to cycle a greenway etc. Once the canoes are fit for purpose and of good quality am I correct in saying that it’s perfectly legal? I would also provide them with life jackets of course.

please see an example waiver below :

 Terms and Conditions

The undersigned, being at least 18 years old, or if younger than 18 years is accompanied by a parent / guardian who has read and signed the following terms and conditions (hereinafter referred to collectively as ‘I’) in consideration of the hire fee and being permitted by the renting party to use its equipment I fully understand, acknowledge and agree that:

1) Lifejackets must be worn at all times paddleboarding or kayaking. 

2) I will not use paddles to push off the bottom, as it breaks the ends of paddles. 

3) I will return the kayak/paddleboard in the same condition as I received it in.

4) I will not drag kayaks/paddleboards across gravel, pavement or concrete, as it causes holes. 

a)    The Activity is a physically challenging and potentially dangerous activity involving inherent risks and dangers.  Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the Activity) regardless of the care and precautions taken by the owners / organisers of the Activity. I also agree to wear a life jacket while using the rented equipment and will not allow another person to operate it without the use of a lifejacket. I accept all responsibility for injured parties to whom I bestow the equipment to while under rental. 

b)    My participation in such activity may result in an injury or illness ranging from minor to severe injuries to death including but not limited to bodily injury, fractures, partial and / or total paralysis, eye injury, blindness, dismemberment or other ailments that could cause serious disability or death.

c)    I hereby assume all risks and dangers and all responsibility for any losses and / or damages, whether caused in whole or in part by the negligence or other conduct of the agents, officers, employees of the renting party and I hereby agree to fully release, discharge, indemnify and hold harmless the renting party’s agents, owners, volunteers etc. From any and all claims, actions or losses for bodily injury, property damage, wrongful death or otherwise which may arise out of my involvement and participation in the Activity.

d)    I hereby declare myself to be qualified, physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent or impair my participation in the Activity and / or use of the Equipment.  I declare that I have either had a physical examination from a medically trained professional and have been given permission by that person to participate, or that I have decided to participate in the Activity with the personal assumption of all risks.

e)    I hereby acknowledge and agree that I have inspected the equipment and agree that it is in good working order, repair and condition in all respects and undertake not to misuse it and to return it in the same condition as when received to the place and on the due date / time specified on the hire form.  I accept total responsibility during the period of hire for any loss or damage caused including, scratches, dents, breakages, etc.  I further acknowledge that the renting party shall be entitled to charge me for all damage caused to the canoe and gear during the period of hire.

f)    I agree to become familiar with and abide by all written and / or posted rules of the renting party.  I further agree to comply with all directions, instructions and decisions of the organisers of the Activity with the renting party.  I further agree not to challenge these rules, directions, instructions, or decisions on any basis at any time.

I confirm I have read this agreement and fully understand the terms, and understand that I have given up substantial rights by accepting the terms, and have accepted it freely and without and inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.

Customer Signature

I HAVE READ BOTH PAGES OF THIS CONTRACT AND UNDERSTAND MY RESPONSIBILITIES ARE LEGALLY BINDING AND ENFORCEABLE.

 Renter Signature: _______________________________________ 

magicbastarder

IANAL, but you would be liable for any injuries etc. as a result of you providing a good or service of substandard quality, and not anything caused solely by the actions of someone renting kit; the clause marked C strikes me as a work of fantasy:

I hereby assume all risks and dangers and all responsibility for any losses and / or damages, whether caused in whole or in part by the negligence or other conduct of the agents, officers, employees of the renting party

basically you are saying 'i can be negligent but it's on you to bear the brunt of my negligence'.

The Continental Op

Those companies that hire bikes on the Greenways also pay insurance. One of the smaller operators I know pays €4,500 a year in insurance.

canoequestions

https://www.boards.ie/discussion/comment/120520001#Comment_120520001

So there is no issue with me renting them the kit, unless it sinks or they get injured due to it being damaged?

magicbastarder

i suspect you'll be made to jump through hoops by the insurance company before they'll insure you, so the hope that 'there is no issue' may be naive.

there are businesses up and down the country who deal in 'dangerous' activities, the legality is not the issue. the issue is covering your ass - and convincing an insurance company your ass is covered - in case of an incident. the latter being a huge issue.

getting back to your waiver - this is not a 'waiver' as such, you cannot waive your legal responsibilities away. it's mainly a way to get someone's signature at the bottom of a sheet of paper which has reminded them that the activity carries inherent risks, and they're stating they understand and accept those risks.

FishOnABike

You will probably also find that you will need a permit from the local council. One of terms for granting that permit will almost certainly be proof of adequate public liability insurance.

Furze99

https://www.boards.ie/discussion/2058293979/question-about-renting-people-canoes-kayaks

You won't get away with this in Ireland as when things inevitably go pear shaped, the buck will ultimately stop with you. You accepted the clients money and you have a duty of care to them, even if they are just using your equipment under their own steam. Substitute 'throwing axes' for 'canoes' and you get the idea.

Someone from the insurance business was talking about this earlier on the radio and bemoaning the fact that the public in Ireland are not obliged to take on more risks as personal responsibility. On the continent, I understand it is more the norm for the public to have their own personal insurance and when accidents happen where their judgement is a factor, that they choose to claim or otherwise from their own policies.

You might have a better chance on a small enclosed water body like a lake where you can have someone monitoring activity continuously like a lifeguard but even then someone could get in trouble and be too far off to get to in time.

Jim_Hodge

You can write all the waivers you like but you won't get a trading licence without proper insurance. That's assuming the council will grant a licence at all.

BattleCorp

Not a legal type answer but more a common sense type answer.

I'd love to be wrong but I can't see this being a success as it's a very high risk activity. Kayaking in the sea is extremely difficult, much more so than in a river. And you could 100% will have members of the public turning up who have never ever even sat in a canoe/kayak thinking it's a great idea to take one of them for a spin. Sure how hard could it be, just get in and paddle.

If you manage to convince an insurance company to cover you and the Council to grant you a permit (if needed), you could still end up screwed if something goes wrong. If you fail to adhere to any of the conditions that the insurance company will undoubtedly insist on, your insurance could be null and void.

There's more than just insurance though. If you do something wrong from a health and safety point of view, you could end up facing criminal charges.

As was said earlier, it's inevitable that something will go wrong and it's then that you could well be fcuked.

Furze99

It could be worth talking to lads at the likes of Lahinch, Strandhill and Achill etc who rent out surfboards. Not totally dissimilar and with risks of being clobbered. Customers tend to be closer to shore and more easily monitored. See what they do and how they handle insurance. Suspect that the more permanent operators are well insured whilst the lads renting out the back of the same van they sleep in, mightn't be.

FishOnABike

Most hire surfboards are round nosed, soft foam with slightly felxible fins. They pose far less risk than a canoe or kayak, both to the user and to others.

A canoe or kayak is heavier, harder, less manoeuvrable, more prone to be caught by wind, tide, currents, rips and waves. A canoe or kayak careering in uncontrolled on a wave (even a small wave) can do serious damage.

Canoes or kayaks are likely to be used farther from the shore and farther along the coast than surfboards so you would need to think how users will be supervised. It's easy for someone to get separated from their canoe or kayak if they fall off. It's easy to drop a paddle. A safety boat might be needed to recover anyone who has difficulty getting back to base.

There's far more to go wrong with canoes/kayaks than on a surfboard. There have been fatalities with canoes/kayaks being carried offshore by wind or tides/currents.

Guided tours, if you have, or train to get a suitable qualification might be a safer bet.