The purpose of this Private Boat Storage Agreement (this “Agreement”) is to set forth the terms and conditions under which the Calgary Rowing Club (“CRC”) will allow the undersigned (the “Private Boat Owner”) the privilege of storing their private boat on the Club’s premises during the Storage Term. 1. Since there is a limited amount of space available for private boats, the CRC will attempt to allocate the storage area in a manner that is fair and reasonable to those concerned members. 2. The “CRC”, “Club”, “Board of Directors”, and “Board” have the same meaning. 3. Availability of private boat storage space (including singles bay, rolling racks, outdoor racks and any other designated private boat storage area)
The following guidelines will serve as a reference in allocating private boat storage space: a) Storage space for private boats may be determined from time to time in order that sufficient space will be available for Club use. b) A waiting list of names will be established, in chronological order, to identify CRC members interested in storage space after all available storage space has been taken. c) Any person on the waiting list who fails to pay the full Annual CRC membership dues by June 1 or who has not set up an instalment payment arrangement for such dues by June 1 will be deleted from the waiting list. d) The Club will recover storage space on a “last in, first out” basis. That member will then be placed in the number one position on the waiting list, unless another member or members have been placed on the waiting list due to recovery of storage space in which case the names of such members will be placed on the waiting list in the order in which their boats were removed from storage. e) Any refunds will be prorated. f) The Club may, under special circumstances, allow a non-member to store their boat on a temporary basis. If the Club requires space, then the non-member will be required to give up their space. g) It is recommended that, prior to purchasing a private boat, a Club member should check with the Club Manager about availability of storage space and the status of the waiting list. Such Club member may add their name to the waiting list if they have paid the full Annual CRC membership dues or have set up an instalment payment arrangement for such dues. 4. Eligibility for private boat storage space a) The Private Boat Owner must be an “Annual” member in good standing of the Club and must have paid their annual Club membership fee for the Storage Term in full or have made arrangements for a payment plan with the Club Manager for such annual Club membership fee; b) The Private Boat Owner must sign this Private Boat Storage Agreement and deliver it to the CRC; c) The Private Boat Owner must sign the current CRC Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement and deliver it to the CRC at the time of membership renewal; d) The Private Boat Owner must complete the minimum number of rows during the Storage Term designated in Private Boat Minimum Use Policy (described below); and e) If the Private Boat Owner does not complete the minimum number of rows during the Storage Term as designated in the Private Boat Minimum Use Policy, on notice by email to the Private Boat Owner by the CRC, the Private Boat Owner shall remove the Stored Property, as defined below, no later than 15 days prior to the end of the Storage Term. 5. Private boat storage fees a) The storage fee shall be determined from time to time by the Board of Directors and posted on the CRC web site. b) The storage fee will cover the Storage Term which coincides with membership fiscal year of May 1 to April 30. c) The Private Boat Owner shall pay the storage fee in full on or before the first day of the Storage Term or make arrangements for a payment plan with the Club Manager. 6. Insurance and damages a) The Private Boat Owner shall be responsible for purchasing insurance to cover all boats, oars, materials, equipment and other property owned by the Private Boat Owner that is stored at the CRC (the “Stored Property”). b) The Private Boat Owner agrees that CRC insurance does not cover damage to the Stored Property. c) The Private Boat Owner agrees that the CRC will not be liable for any loss of, or damage to, the Stored Property, however caused. 7. Forfeiture of private boat storage space and Stored Property a) In the event that, at the end of the Storage Term, the Private Boat Owner does not sign a new Private Boat Storage Agreement for the following storage term and meet all of the conditions under such new Private Boat Storage Agreement, a thirty (30) day grace period will apply. After this grace period has elapsed, the Private Boat Owner will be required to remove the Stored Property within one week of notice by email to the Private Boat Owner. If the Private Boat Owner does not remove the Stored Property within one week of such notice, the CRC is hereby granted the right to remove the Stored Property from the boat shelf and/or the premises and/or to use the Stored Property as part of the CRC club fleet at no cost to the CRC and the CRC shall not be liable to the Private Boat Owner for any damage to, or loss of, the Stored Property. b) In the event that the Private Boat Owner’s CRC membership fees and storage fees are outstanding for a period of one full year and reasonable attempts have been made by the Club to contact the Private Boat Owner by email, the Stored Property will be considered to have been donated by the Private Boat Owner to the Club. c) The Private Boat Owner grants the CRC a lien upon all Stored Property of the Private Boat Owner for enforcement of the terms of this agreement, for storage fees or other charges, present or future, incurred pursuant to this Agreement and for expenses necessary for the preservation, sale, or other disposition of personal property in accordance with the provisions of this Agreement and the laws of Alberta. The Stored Property will be subject to a claim of lien and may even be sold to satisfy the lien if the storage fees, membership fees or other charges due remain unpaid. d) Failure by the Private Boat Owner to sign and deliver this Agreement, as it may be amended by the CRC, annually will result in the forfeiture of the Private Boat Owner’s privilege to store Stored Property on CRC’s premises. 8. Requests to change storage spaces a) Any members wishing to exchange boat storage spaces amongst themselves must notify the Club Manager. 9. Private Boat Minimum Use Policy – 20 sessions/season a) Boat space at the CRC is at capacity and therefore the CRC requires that all private boat owners storing boats at the CRC must row their private boat a minimum of 20 times during the Storage Term. b) What constitutes private boat use: i. For the greatest of certainty, only usage of the private boat counts towards the minimum requirement of 20 sessions/season (with each session to occur on a different day). ii. No usage of Club boats counts towards this minimum 20 sessions/season requirement. iii. Use of a private boat by a CRC member who is not the owner of the boat is acceptable in meeting the minimum requirement of 20 sessions of use (each on a different day) within the Storage Term. iv. Use of a boat by a non-member, visiting rower is allowed, but does not count toward the minimum 20 sessions /season requirement. c) Tracking private boat use: i. Private single owners will sign in and sign out each row in the Private Boat binder or ICrew, as directed by the Club Manager. ii. Logs will be filed on a regular basis in a safe place by Club management. d) Annual review of private boat use: i. Each year, the CRC Board will review the private boat usage data; information about how many private boat spaces are vacant; and information about how many current and prospective members are seeking private boat storage. ii. If, in the opinion of the Board, demand for new private boat storage exceeds the supply available, boat storage will be cancelled on notice by email for some or all of the boats that have not met the minimum use requirements during the Storage Term. Owners of these boats are required to remove their Stored Property no later than 2 weeks prior to the end of the Storage Term. iii. If the Board decides to cancel storage for some but not all boats that have not met the minimum use requirement, boats used least often will have their storage cancelled. Owners of these boats are required to remove their Stored Property no later than 2 weeks prior to the end of the Storage Term. e) Prolonged Club Closure: i. Circumstances impacting multiple private boat storage users such as prolonged club closures due to natural disasters, City of Calgary regulations, or pandemics may result in the CRC Board waiving the 20-row minimum for all private boat storage users in good standing. f) Special Circumstances: i. In special circumstances, The Calgary Rowing Club Board may agree to one or more of the following conditions for private boat storage users in good standing: A. Reduce the 20 sessions/season requirement for the Storage Term to less than 20 rows without removing the owner’s privilege to keep the storage spot for the following storage term. B. Reduce the storage fee for the Storage Term without removing the owner’s privilege to keep the storage spot for the following storage term. C. Agree to temporary removal of the boat for all or part of the Storage Term without removing the owner’s privilege to keep the storage spot for the following storage term. ii. Special circumstances must be conveyed to a CRC Board member or the CRC Board at large in writing as soon as possible. I have read, understand and agree to the above terms and conditions.
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