We understand that especially for outdoor enthusiasts like us sometimes things come up and plans need to be changed or cancelled. If you cancel your trip-reservation with us, we require that you do so in writing to avoid confusion. After receiving your written request to cancel, we will refund your payment according to the following schedule:
- seven days or earlier before your tour, you will receive a full refund minus a 10% handling fee.
- Two to six days prior to your tour, you will receive a 50% refund.
- If you cancel the day before, the day of or are a no-show there is no refund.
We reserve the right to cancel kayak trips due to inclement weather or other decisions. If we cancel you will receive a full refund. Generally we will make the decision to cancel a tour due to weather at the designated meeting place and at the scheduled time of departure. If the weather is "questionable" we ask that you at least show up at the pre-arranged meeting place, otherwise no refund will be issued.
Kayaking tours with Black Bear Kayak (Waiver)
In consideration of BLACK BEAR KAYAKING INC. and/or equipment to enable me to participate in the sport of SEA KAYAKING, I agree as follows:
I fully understand and acknowledge that outdoor recreational activities have:
(A) inherent risks, dangers and hazards and such exists in my use of SEA KAYAKING equipment and my participation in SEA KAYAKING activities;
(B) my participation in such activities and/or use of such equipment may result in ailments that could cause serious disability, damage to my own or other's property, serious physical or emotional injury, paralysis or death;
(C) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of, but not limited to BLACK BEAR KAYAKING INC., the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature; such as, exposure to sun, cold, wind, hail, lightning, and other phenomena; activities may take place in remote places significantly delaying emergency medical care and evacuation or other causes. Risk and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, including that a guide may misjudge weather, route location, tides, water conditions which may be fast, deep, cold and subject to rapid change; objects which may be encountered in and out of the water, and which may not be obvious, including debris, trees, rocks, bridges, and other hazards; the watercraft may overturn, swamp and sink and occupants may become separated from the craft; feet and other parts of the body may become entrapped in or under rocks and other objects; participants may strike or be struck by objects, other watercraft, and other persons, in and outside of the watercraft, wind, risks of falling out of or drowning while in a kayak, and other such risks, hazards and dangers that are integral to recreational activities that take place in a wilderness, outdoor or recreational environment;
(D) further, by my participation in these activities and for use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether cause in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of BLACK BEAR KAYAKING INC., or by any other person.
I on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify BLACK BEAR KAYAKING INC., and their owners, agents, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of kayaking or my participation in SEA KAYAKING activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers, or employees of BLACK BEAR KAYAKING INC.
I authorize BLACK BEAR KAYAKING INC. to provide or obtain for me, or the minor child for who I sign, such medical care as it considers necessary and appropriate and I agree to pay all costs associated with such care and related transportation. Any dispute between BLACK BEAR KAYAKING INC. and me or the minor child for whom I sign will be governed by the substantive laws of the Province of British Columbia (not including laws which might apply the laws of another jurisdiction), and any mediation or suit shall take place only in British Columbia, Canada. If the dispute cannot be resolved by mutual agreement, I agree to submit it to a mediator recognized by the Courts of British Columbia, Canada. I agree to pay all costs and attorneys' fees incurred by BLACK BEAR KAYAKING INC. in defending a claim or suit brought by me or by or on behalf of the minor for who I sign, if the claim or suit is withdrawn of to the extent a court or mediator determines that BLACK BEAR KAYAKING INC. is not responsible for the claimed injury or loss.
This agreement is entered into voluntarily, and after careful consideration. Its terms cannot be amended except in writing. I understand that it is binding, to the fullest extent allowed by law, upon all persons signing below, our respective heirs, executors, administrators, wards, minor children (whether or not they are Clients) and other family members. If any part of this agreement is found by a Court of other appropriate authority to be invalid, the remainder of the agreement nevertheless shall be in full force and effect.
The staff of BLACK BEAR KAYAKING INC. reserves the right to refuse participation in any BLACK BEAR KAYAKING INC. activity if we have reason to believe that the participant is under the influence of alcohol or any other substances that may impair judgment and reduces a participants ability to effectively manage the risks of kayaking. This includes but is not limited to single and multi day guided trips.
This website and its content is copyright of Black Bear Kayaking INC. - © Black Bear Kayaking INC. 2010. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Website usage terms and conditions
The term ‘Black Bear Kayaking INC.’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is PO BOX 1204, Tofino, V0R 2Z0 BC. Our company registration number is 81768 3451, Surrey BC. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of British Columbia, Canada.
The information contained in this website is for general information purposes only. The information is provided by Black Bear Kayaking INC. and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Black Bear Kayaking INC.. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Black Bear Kayaking INC. takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.