MOORAGE RULES Owner meaning you, the client SHVL meaning us, Sunshine Houseboat Vacations Ltd.: - Vessel owners shall provide, upon request, to the SHVL office evidence of legal ownership of the vessel, such as legal registration and/or Bill of Sale. The moorage member shall maintain valid liability insurance in their name always while moored and shall provide evidence of such insurance to the SHVL office annually. If a vessel has more than one owner, the insurance policy must be in the names of all owners. Prior to the expiration date of any insurance policy covering a vessel, the vessel owner shall provide evidence of renewal of liability insurance. Failure by the vessel owners to have adequate and valid liability insurance covering the vessel at any time shall be grounds for immediate cancellation of moorage. Liability insurance shall be a minimum of two million dollars ($2,000,000) on each vessel moored in the moorage basin.
- Boat owners are expected to take due care and caution to maintain their vessel to ensure the vessel runs as intended. Furthermore, houseboat owners must ensure their boats are maintained in good running condition at all times (can be started easily), are not neglected and repair anything that is unsafe or could cause a safety issue in the future. Failure to do so could result in immediate eviction from our marina. Sunshine will advise clients where concern arises and will assist when needed. Sunshine will give appropriate time lines to deal with safety concerns, provide conditions in an email with specific dates by which the issue must be resolved by. This policy helps protect the owner, their neighbors, all other marina clientele and Sunshine from potential damage, lost time and financial impacts caused by owner neglect. Note it is also a federal and chargeable offense to neglect your vessel (see Transport Canada for your responsibilities as an owner).
- All Vessels approaching, using, or leaving the docks, shore or launch at Sunshine Marina, shall do so in a cautious and seaman-like manner, so as not to roll up swell, or do damage to other craft or property. Speed shall not exceed three (3) knots. Ballasts need to be empty before nearing or entering the marina (distance of 200 feet). Boats are advised to stay out if there is a storm and wait until winds reduce before entering the marina.
- For the safety and protection of all vessels at our marina, docks, the waterpark, property and shoreline we encourage all wakesurf boats to surf outside the bay or in a north south direction. Wake surf boats can create waves of 1-4 feet below the surface at a distance of 1km so surfing within the bay can still cause waves that severely damage docks, boats and other facilities.
- Each Owner is responsible for the safe mooring of his/her vessel. Owners shall furnish and maintain their own mooring line and charring gear. Mooring gear shall be attached to the boat and cleats only. No drilling, modification or addition of cleats on Sunshine docks is allowed without permission from Sunshine Marina management. Bumpers and fenders should not exceed 12" in width to ensure space for neighboring vessels is preserved.
- Owners are responsible for periodically checking their vessel, lines and fenders to ensure that they are secure. Please advise Marina staff if you observe any safety issues.
- Security is the responsibility of the vessel Owners. We encourage all boat owners to remove and or secure all items in such a way as to not invite theft or vandalism. Houseboats are the exception and we must have access to the cabins in case of an emergency. Houseboats have two options to ensure access: 1. Leave your door open or 2, have a key lock box for your door keys. Keyed with a code supplied by Sunshine. Ignition keys must be in the ignition or left in plain site at the helm at all times. All houseboats are required to use a minimum 1-inch rope to tie from the end of the vessel to the dock.
- Major restoration or maintenance projects are NOT to be undertaken on a Wharf in the Marina during July and August, unless permission has been granted. Owners may carry out routine maintenance work, but no litter is to be thrown overboard or left on the premises. The storage of flammable liquids, oily rags, etc. is prohibited.
- Vessels may not be unofficially posted for sale at the Sunshine Marina. With the Permission of SHVL, any moorage client vessel advertised for sale at the SHVL marina will be subject to a commission payable to SHVL on sales made by the vessel owner, and an 8% commission on any vessels sold with the direct assistance of SHVL.
- Any Vessel Moored at a Wharf without authorization will be towed away at the Owner’s expense.
- Children under the age of 12 years shall not be permitted on the docks unless accompanied by an adult.
- Dogs are prohibited on the docks unless on a leash under the control of the Owner.
- Vessel Owners and guests must conduct themselves in a manner conducive to the safety of the harbor and the quiet enjoyment of others.
- No person shall cause any Live Aboard, Vessel or Watercraft to Moor or to remain Moored overnight or remain in a Water-lot Area without written permission of the Dock Manager.
- No person shall secure the Berth of any Vessel or Watercraft to the Dock by use of a lock or otherwise in a manner that prevents the Dock Manager from relocating the Vessel or Watercraft.
- When safe to do so, when required by limited Mooring space, any person in charge of a Vessel or Watercraft may Raft the Vessel or Watercraft, provided that no more than two Vessels or Watercraft are Rafted.
- Sanitary services are available. Vessels using the Marina must be equipped with holding tanks with the exception of runabouts and other smaller craft.
- The maintenance and safety of Vessels open to the public shall remain the responsibility of the Vessel Owner.
- Vessel Owners are not permitted to charge a fee nor solicit donations for any purposes without the consent of the Dock Manager.
- Vessel Owners are not permited to rent from or charter their boat on Sunshine property, including the Marina.
- Sunshine Clients must not solicit to Sunshine customers without permission from Management.
- Vessel Owners are not permitted to sublet their slips for any duration of time. If the client is unable to occupy their space, we allow a 1-year deferral, which allows us to rent out the slip for a year, while permitting clients to return the next year. If this is the case, contact SHVL to arrange further disposition.
- All Vessels must be clearly marked, with the name or registration number as required by law.
- Boat trailers (excluding Upland Campground site renters) will be stored at our Storage facility (Sandy Shores) at a rate of $75/season. Owners may choose to store their trailer elsewhere and are welcome to do so. The rate includes one drop off and pick up/season. Additional pickups are $25/trip.
- NO SMOKING is permitted on Sunshine Houseboat Docks, inside or near any buildings.
- SHVL property is a cannabis-free environment. A person must not consume cannabis while: in or on any public spaces, around any minors, or in a vehicle or boat. This applies whether the vehicle/boat is in motion or not, and applies to all passengers whether driving or not.
- Operating your vessel under the infuluence of drugs or alchohol will not be tolerated, and the appropriate authorities will be contacted.
- Generator usage hours are between 8am to 9pm daily.
- Houseboat owners must maintain their septic tanks such that they are pumped as needed, treated with approved septic tank chemicals. If a boat owner's tanks are causing excess smell, they may be required to have their tanks emptied and treated at the owners expense at any time.
- Cancellations for storage and moorage must be in writing. 30 days required for any refunds on storage and or moorage.
- Requests for "Bail Out" tarps and/or checking bilge will incur a fee.
WATERPARK RULES Waivers must be completed in advance. Wristbands and lifejackets are mandatory, tickets must be purchased in advance.
MARINA FUEL POLICIES The following policy was implemented as of January 1, 2020 as per our amended insurance policy and in accordance with safe marina practices governed by Navigable Waters Canada. In addition to fire/emergency issues, Sunshine takes environmental safety very seriously. Boaters including houseboat and small boat clients are STRICTLY PROHIBITED FROM TRANSFERRING FUEL ANYWHERE ON THE DOCKS/MARINA. The policy details as follows: - Any person(s) transferring fuel from one tank (boat or other) to another tank or container anywhere on the docks, while in their boat slip, on the boat, or anywhere in the Marina not designed for the dispensing of fuel is strictly prohibited and may have their mooring contract canceled immediately without refund. Houseboat clients with generators will be fueled at the fuel dock or assisted by Sunshine staff with sunshine equipment.
- The Fuel Dock is the only area in the marina where fuel transfer is allowed from Sunshine fuel pumps. Fueling will abide by fueling guidelines and by Sunshine staff. It is the only area equipped for emergency/environmental response to a fueling emergency or spill.
- Static charge on the docks presents a real and serious threat for fire or explosion during fuel transfer. In addition, due to proximity of houseboats and sources of ignition including outside BBQs and electrical sources, clients and their property are of great concern. An infraction of this rule is considered a serious & immediate safety threat to the Marina and its patrons.
- Absolutely no fuel transferring on Sunshine upland property area including the launch from one tank to another except by Sunshine staff. This is in accordance with fire, safety and environmental regulations and new rules implemented with our insurance policy.
- When we are fueling your boat, you are required to exit the boat.
SLIP ALLOCATION Sunshine Houseboat Vacations Ltd endeavors to ensure moorage clients will receive the same slip as previous seasons. If for some reason we need to move a client to another slip, due to dock reconfiguration or construction, the client will be given the option to select a slip before any new clients. We will do our utmost best to get the same spot for our valued clients. In the spring, we welcome new clients to visit the marina and will then be allocated a spot on our docks. This can occur when our docks launch between June 18th and July 1st. Please contact our Marina around this time to see when we expect our docks to be floating. This is a first come first serve basis. We cannot allocate new client spots without a site visit because our slips are not identical and boat size and location preference will determine the final dock slip choice.
WATER SPORTS ACTIVITIES WAIVER BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
PLEASE READ CAREFULLY!
Medical Warning: You should NOT participate in Water Sports Activities (as defined below) if: you are pregnant, have a pre-existing medical condition or injury, including but not limited to back, neck, muscle or joint issues, or have a heart or respiratory condition. Consult your physician prior to participation in any Water Sports Activities.
TO: SUNSHINE HOUSEBOAT VACATIONS LTD. and its directors, officers, employees, volunteers, agents, assigns, guides, insurers, independent contractors, subcontractors, suppliers, representatives, sponsors and directors, officers, employees, volunteers, agents and assigns (collectively, the “Releasees”).
DEFINITION: In this Release Agreement, the term “Water Sports Activities” means all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees including but not limited to: access to the water park, marina and docks, swimming, tubing and other activities behind boats, operating or being a passenger on personal water craft or other vessels, canoeing, kayaking or the use of other water toys, equipment or property belonging to the Releasees, water related orientation instructional courses seminars and sessions, and all other activities in or around the water or involving any other property or facilities operated and maintained by the Releasees.
REQUIRED EQUIPMENT: I will wear an approved life jacket as required to participate in any Water Sports Activities. I also acknowledge and agree that I will carry on board of any vessel all additional safety equipment as required by the Releasees. I agree that I shall satisfy myself of any questions or concerns that I may have arising from the use of an approved life jacket and all additional safety equipment before commencing any Water Sports Activities.
ASSUMPTION OF RISKS: I am aware that participating in Water Sports Activities involves many risks, dangers and hazards that could result in personal injury including: sickness, illness, psychological injury or death and/or property damage. The risks, dangers and hazards include but are not limited to: slips and falls; drowning; capsize; collisions; changing and inclement weather; impact with water and other natural or unnatural objects or structures; encounters with domestic or wild animals and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN WATER SPORTS ACTIVITIES. I confirm that I am: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Water Sports Activities and (b) I understand that communication when participating in Water Sports Activities may be difficult and in the event of an accident and rescue, medical treatment may not be readily available. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM AND/OR RELATING IN ANY WAY TO MY PARTICIPATION IN ANY WATER SPORTS ACTIVITIES. If I have already paid for any Water Sports Activities and do not accept the terms of this Release Agreement, I know I can demand a refund and choose not to participate in such Water Sports Activities.
ALCOHOL AND DRUGS: I acknowledge that the use and/or consumption of alcohol and/or drugs or being under the influence of any of the aforementioned IS ABSOLUTELY PROHIBITED ON ALL VESSELS and WHILE PARTICIPATING IN ANY WATER SPORTS ACTIVITIES. If I use, consume or am under the influence of alcohol or any drug prior to or while participating in Water Sports Activities, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY THE RELEASEES OR OTHER THIRD PERSONS, I ASSUME AND ACCEPT ALL SUCH RISKS, DANGERS AND HAZARDS, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, AND I WILL INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY DAMAGE TO PROPERTY OR PERSONAL INJURY TO ANY THIRD PARTY RESULTING FROM MY PRESENCE ON THE FACILITIES AND/OR PARTICIPATION IN WATER SPORTS ACTIVITIES, WHILE, DURING OR AFTER CONSUMPTION OF ALCOHOL OR ANY AND ALL DRUGS.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration of the RELEASEES agreeing to my participation in Water Sports Activities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: - TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the RELEASEES and to release the RELEASEES of and from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin or others may suffer as a result of my participation in any Water Sports Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, RSBC 1996, c.337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING ANY FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN WATER SPORTS ACTIVITIES INCLUDING THOSE REFERRED TO ABOVE.
- To hold harmless and indemnify the Releasees of and from any and all claims and liability, including all related legal fees and expenses, for any property damage, loss, personal injury or death to any third party, arising from or in any way connected with, my participation in the Water Sports Activities, or my use of the Releasees’ vessels, equipment or facilities.
- Notwithstanding anything else in this Release Agreement, and without detracting from any limitation or exclusion of liability contained herein, if it is held that any of the Releasees are liable to me for any claim, then I agree that the collective amount of their liability shall not exceed CDN$1,000.00.
- That this Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed and interpreted solely in accordance with the laws of the Province of British Columbia and the maritime laws of Canada but no other jurisdiction.
- That any litigation, actions, suits or claims against or involving the Releasees shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the courts of the Province of British Columbia or of the Federal Court of Canada.
- That this Release Agreement shall be effecting and binding upon my, heirs, next of kin, executors, administrators, successors, assigns and representatives in the event of my injury, death or incapacity, and I shall fully indemnify the Releasees should any claim be made by a third party arising from my participation in the Water Sports Activities.
- That in entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees, or the lack of any such representations or statements, with respect to the safety of, or my participation in, any part of any Water Sports Activities, other than what is set forth in this Release Agreement.
- That I understand that if any term or provision of this Release Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- That I am age nineteen (19), or older, and that I have had an opportunity to carefully read this Release Agreement and to consider all of its contents; that I fully understand its contents and agree to be bound by its terms; and that I am relying wholly upon my judgment, belief and knowledge, freely and of my own accord, as acknowledged by my signature hereon.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION: (MUST BE SIGNED IF ABOVE PARTICIPANT IS UNDER THE AGE OF 19 YEARS)
In consideration of the minors being permitted by the Releasees to participate in the Water Sports Activities and to use their vessels, equipment, parking and other facilities, I accept, on behalf of the Minor and myself, all risks referred to above in this Release Agreement, and agree to be bound by its terms, including waiving all claims against the Releasees. I further agree, on behalf of the Minor and myself, to indemnify and hold harmless the Releasees from any and all claims, including all related legal fees and expenses, brought by or on behalf of the Minor or any third party, or which result from or are in any way connected with, such participation in the Water Sports Activities by the Minor, or such use of the Releasees’ vessels, equipment, parking and other facilities by the Minor.
PAYMENT
Due dates for payments are listed below, they must be paid in full by these dates to avoid any additional charges:
- Winter Storage Fees - November 30
- Houseboat Moorage Fees - March 31
- Small Boat Moorage Fees - April 30 (In 2024, due by May 15).
If your payment comes after these dates there will be an additional 5% monthly charge from the due date.
You can pay by: - Credit Card with an additional 3% processing fee; or,
- By eTransfer to accounts@sunshinemarina.com (please use koocanusa as the password)
Sunshine does not have summer storage for houseboats. Fees are as per annual moorage/winter storage rate.
ACKNOWLEDGEMENT Unless otherwise terminated, SHVL may terminate this agreement at any time, without cause, upon not less than fourteen (14) days. I acknowledge and agree that SHVL is merely renting moorage/winter storage space to the customer under this agreement and is not responsible for the adequate storage or safekeeping of any of the personal property or chattels stores on the premises. The customer shall maintain on all personal property and chattels in, on or about the promises, a policy of insurance covering damage by fire, extended coverage perils, water, snow, vandalism and burglary. The customer hereby releases SHVL from any and all such claims for damage or loss to personal property and chattels in, on or about the premises and hereby waives all rights or recovery against SHVL in connection with any damage which is or would be covered by such insurance. To the extent that the customer does not maintain the required insurance coverage for the full value of such personal property the customer shall be deemed to have been self-insured. My signature indicates that I have read this document in its entirety, and both understand and agree to abide by the regulations and terms laid out. July 1, 2025
|
