MOORAGE AGREEMENT

DANIEL’S STORE & MARINA

2026 SEASONAL MOORAGE AGREEMENT, MARINA RULES & WAIVER

1591659 B.C. Ltd.

DBA Daniels Store & Marina

1142 Seymour Arm Bay Road

Seymour Arm, BC V0E 1M0

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE SIGNING. THIS AGREEMENT CONTAINS A RELEASE AND WAIVER OF LIABILITY AND AFFECTS YOUR LEGAL RIGHTS.

TENANT INFORMATION

Full Legal Name:

[Smartwaiver Required Field]

Address:

[Smartwaiver Required Field]

Phone:

[Smartwaiver Required Field]

Email:

[Smartwaiver Required Field]

Emergency Contact Name:

[Smartwaiver Required Field]

Emergency Contact Phone:

[Smartwaiver Required Field]

VESSEL INFORMATION

Vessel Type:

[Boat / Jet Ski / Other Small Watercraft]

Make & Model:

[Required Field]

Vessel Name, if applicable:

[Field]

Length:

[Required Field]

Registration/Licence Number:

[Required Field]

Assigned Slip:

[Marina Use]

MOORAGE TERM & FEES

Seasonal Term: April 15, 2026 to October 15, 2026

Boat: $1,470.00 including GST ($1,400.00 + GST)

Jet Ski/Small Watercraft Equivalent: $892.50 including GST ($850.00 + GST)

For returning tenants, Daniel’s Store & Marina will make reasonable efforts to provide the same slip used during the previous season. However, specific slip assignments are not guaranteed.

The Marina reserves the right to reassign or exchange slips when reasonably necessary for safety, maintenance, operational requirements, vessel size, water conditions, emergencies, or other Marina purposes.

MARINA TERMS & CONDITIONS

1. PAYMENT

All seasonal moorage fees and applicable taxes must be paid in full upon receipt of invoice and before the vessel occupies its assigned slip.

The seasonal moorage fee is for the full term of April 15 through October 15. Except where required by law or expressly agreed to in writing by the Marina, moorage fees are non-refundable and will not be prorated because the Tenant chooses not to use the slip for all or part of the season.

2. INSURANCE

The Tenant must maintain valid marine insurance on the vessel throughout the entire moorage term, including a minimum of $2,000,000 in liability coverage.

The Tenant is responsible for damage caused by the Tenant, the Tenant’s vessel or equipment, or the Tenant’s family members, guests, invitees, employees or agents to other vessels, persons, docks, structures, equipment or other Marina property.

Proof of current insurance must be provided to the Marina before the vessel occupies its assigned slip.

Insurance Company:

[Required Field]

Policy Number:

[Required Field]

Policy Expiry Date:

[Required Field]

REQUIRED ACKNOWLEDGEMENT

☐ I confirm that the vessel identified in this Agreement has the required insurance coverage and that I will maintain this coverage throughout the moorage term.

3. SLIP ASSIGNMENT

The vessel must be docked only in the slip assigned by the Marina.

Slip rentals are non-transferable. The Tenant may not sublease, loan, assign or transfer the slip to another person or vessel without prior written approval from the Marina.

The Marina may move a vessel or temporarily or permanently reassign a slip when reasonably necessary for safety, maintenance, emergencies or Marina operations.

4. SECURING & CONDITION OF VESSELS

The Tenant is responsible for ensuring that the vessel is properly and safely secured within its assigned slip using suitable lines, fenders and equipment.

If Marina staff reasonably believe that a vessel has not been adequately secured, the Marina may take reasonable steps to secure it and may charge the Tenant for labour, materials or other costs incurred.

If a vessel appears to be sinking, taking on water, leaking fuel or other substances, breaking free, or otherwise posing a danger to people, property, the environment, other vessels or Marina facilities, the Marina may take reasonable emergency action.

Such action may include boarding, securing, pumping, towing, relocating or arranging for removal of the vessel.

The Tenant is responsible for reasonable costs incurred by the Marina in responding to a problem involving the Tenant’s vessel.

The Marina undertaking emergency action does not create an ongoing duty to inspect, monitor, maintain or safeguard the vessel.

5. VESSEL ACCESS & EMERGENCIES

The Marina may visually inspect the exterior of a vessel where damage, unusual conditions, safety concerns or other potential problems are observed.

Marina staff may enter or access a vessel when reasonably necessary to respond to an emergency or to protect persons, property, the environment, other vessels or Marina facilities.

The Marina is not responsible for continuously inspecting or monitoring vessels and the failure of Marina staff to notice or respond to a problem does not create responsibility for the care or custody of the vessel.

6. FUELING

Fueling is permitted only at the designated Daniel’s Store & Marina fuel dock using fuel purchased from the Marina.

Fueling vessels while they are in their assigned slips is prohibited.

Fueling vessels in the parking lot, on Marina grounds or elsewhere on Marina property is prohibited.

For fire, environmental and insurance reasons, fuel may not be transferred to a vessel from portable or transported fuel containers anywhere on Marina property.

REQUIRED ACKNOWLEDGEMENT

☐ I understand and agree to comply with Daniel’s Store & Marina’s fueling rules.

7. GARBAGE & PERSONAL PROPERTY

Garbage, recycling, equipment, supplies, fuel containers, personal belongings or other materials must not be left on docks, walkways or Marina common areas.

The Tenant is responsible for removing their garbage and personal property.

8. REPAIRS, MAINTENANCE & ENVIRONMENTAL PROTECTION

No outside contractor or other person may perform repairs or maintenance on a vessel at the Marina without prior approval from Marina management.

Oil, gasoline, diesel, chemicals, sewage, waste, toxins or other hazardous substances must not be discharged into the water or onto Marina property.

Changing engine oil or other vessel fluids on Marina property is prohibited unless specifically authorized by the Marina.

Oily rags, combustible liquids, hazardous substances and other easily combustible materials may not be stored on Marina property.

The Tenant must immediately notify Marina staff of any fuel, oil, sewage or other hazardous spill involving the Tenant’s vessel.

9. FIREWORKS & FIREARMS

The discharge or use of fireworks or firearms on Marina property is prohibited.

10. DOCK & WATER SAFETY

Proper footwear must be worn on floating docks.

Diving, swimming and fishing within the Marina basin are prohibited.

Children and guests must be appropriately supervised while using Marina facilities.

The Tenant is responsible for making their guests aware of Marina safety rules.

11. NO LIVE-ABOARD USE

The assigned slip is provided for vessel moorage and is not intended to provide permanent or temporary residential accommodation.

Living aboard a vessel at the Marina is prohibited.

Occasional overnight use of a vessel by the Tenant or their guests does not constitute live-aboard use, provided it does not become regular or extended residential occupancy and does not interfere with Marina operations or other customers.

The Marina reserves the right to determine when use of a vessel has become live-aboard or residential use.

12. TENANT RESPONSIBILITY FOR GUESTS

The Tenant is responsible for ensuring that their family members, guests, invitees, employees and agents comply with this Agreement and all posted or communicated Marina rules.

The Tenant is responsible for damage caused by the Tenant’s vessel or by persons attending the Marina as the Tenant’s guests or invitees, subject to applicable law.

13. END OF SEASON & VESSEL REMOVAL

The seasonal moorage term ends on October 15, 2026.

Unless the Marina has provided prior written authorization for the vessel to remain, the Tenant must remove the vessel and all personal property from the Marina no later than October 15, 2026.

A vessel remaining after the end of the term without written authorization may be subject to additional moorage, storage, moving, towing, administrative or other reasonable charges.

The Marina may take reasonable steps permitted by law regarding a vessel or other property that remains after the end of the Agreement.

14. OVERDUE ACCOUNTS

All invoices are due when rendered unless otherwise stated in writing by the Marina.

Past-due accounts may be subject to a finance charge of 2% per month (26.82% per year).

Where applicable, unauthorized vessel storage after the termination or expiry of this Agreement may be charged at $1.00 per foot per day, in addition to other reasonable costs incurred by the Marina.

The Marina reserves all rights and remedies available under this Agreement and applicable British Columbia law in relation to unpaid amounts and property remaining at the Marina.

15. TERMINATION

The Marina may terminate this Agreement upon ten (10) days’ written notice.

If the Tenant materially breaches this Agreement, fails to pay amounts owing, fails to maintain required insurance, repeatedly violates Marina rules, or creates a safety or environmental hazard, the Marina may terminate the Agreement upon forty-eight (48) hours’ written notice.

Where immediate action is reasonably necessary to protect persons, vessels, property or the environment, the Marina may take such action without waiting for the notice period to expire.

Where termination results from the Tenant’s breach of this Agreement, amounts already paid are non-refundable except to the extent otherwise required by applicable law.

ASSUMPTION OF RISK, RELEASE, WAIVER & INDEMNITY

PLEASE READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

In consideration of being permitted to moor a vessel at and use the property, docks, moorage basin, equipment and facilities of 1591659 B.C. Ltd., DBA Daniel’s Store & Marina (“the Marina”), I acknowledge and agree to the following:

ASSUMPTION OF RISK

I understand that marinas, waterfront property, docks, vessels and boating activities involve inherent risks, dangers and hazards.

These include, but are not limited to:

deep or cold water; drowning; changing water levels; currents; waves and wakes; moving or improperly secured vessels; collisions; wind; storms; lightning and other weather conditions; wet, icy, uneven or slippery surfaces; docks; ramps; gangways; ropes; cleats; equipment; vehicles; falling objects; fire; fuel; electrical equipment; wildlife; pets; and the actions or omissions of other Marina users, vessel owners, guests and members of the public.

These risks may result in PROPERTY DAMAGE, PROPERTY LOSS, SERIOUS PERSONAL INJURY OR DEATH.

I freely accept and assume the risks associated with my use of the Marina premises, docks, moorage basin, facilities and assigned slip and with the mooring, operation and presence of my vessel at the Marina.

RELEASE AND WAIVER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, I RELEASE AND WAIVE CLAIMS AGAINST 1591659 B.C. LTD., DBA DANIEL’S STORE & MARINA, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) FOR LOSS, DAMAGE, EXPENSE, INJURY OR DEATH ARISING FROM OR CONNECTED WITH MY USE OR OCCUPANCY OF THE MARINA PREMISES, DOCKS, MOORAGE BASIN, FACILITIES OR ASSIGNED SLIP, OR THE PRESENCE, STORAGE OR MOORAGE OF MY VESSEL AT THE MARINA, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY, TO THE EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED OR WAIVED.

This release is intended to apply to claims relating to personal injury, death, property damage, property loss and other losses arising from the risks associated with the Marina and moorage activities.

Nothing in this Agreement is intended to exclude liability that cannot lawfully be excluded or waived.

INDEMNITY

To the fullest extent permitted by law, I agree to indemnify and hold harmless the Released Parties from claims, liabilities, losses, damages and reasonable costs arising from:

my acts or omissions;
the operation, condition or presence of my vessel;
a breach of this Agreement by me; or
the acts or omissions of my family members, guests, invitees, employees or agents,

except to the extent the claim results from conduct for which liability cannot lawfully be excluded or transferred.

REQUIRED WAIVER ACKNOWLEDGEMENT

☐ I HAVE CAREFULLY READ AND UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER AND INDEMNITY ABOVE. I UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS, INCLUDING RIGHTS I MAY OTHERWISE HAVE TO MAKE A CLAIM AGAINST DANIEL’S STORE & MARINA.

FINAL AGREEMENT & ELECTRONIC SIGNATURE

By signing electronically below, I confirm that:

I am at least 19 years of age.

I am the registered owner of the vessel identified in this Agreement or I have authority from the registered owner to enter into this Agreement.

I have provided accurate information.

I have read and understand the entire 2026 Seasonal Moorage Agreement, Marina Rules & Waiver.

I have had the opportunity to ask questions before signing.

I agree to comply with the terms of this Agreement and the Marina rules.

I understand that this Agreement contains an Assumption of Risk, Release, Waiver and Indemnity that affects my legal rights.

I consent to entering into this Agreement electronically and intend my electronic signature to constitute my signature and acceptance of this Agreement.

REQUIRED FINAL ACKNOWLEDGEMENT

☐ I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT AND WISH TO BE LEGALLY BOUND BY IT.

Tenant Electronic Signature:

[SMARTWAIVER SIGNATURE FIELD]

Tenant Full Legal Name:

[SMARTWAIVER NAME FIELD]

Date and Time:

[SMARTWAIVER AUTOMATIC DATE/TIME]

Please select who will be renting the boat slip

Adult Minor(s)
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First Tenant Name

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First Tenant Date of Birth*

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First Tenant Signature*

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Third Tenant Name

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Fourth Tenant Name

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Fifth Tenant Name

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Sixth Tenant Name

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Tenant Date of Birth*

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Seventh Tenant Name

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Tenant Date of Birth*

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Eighth Tenant Name

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Tenant Date of Birth*

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Ninth Tenant Name

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Tenant Date of Birth*

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Tenth Tenant Name

First Name*

Middle Name

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Phone*

Tenant Date of Birth*

Date of Birth

Parent or Guardian's Email Address

Email*

Check to receive information, news, and discounts by e-mail.

Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.

Boat Information

Boat Make and Model *

VIN # *

Boat Lic. # *

Lenth Overall (if you have a swim platform, please add 2 feet to your length) *

Horsepower *

Tenant Address

Address Line 1:*

Street address, P.O. box, company name, c/o

Address Line 2:

Apartment, suite, unit, building, floor, etc.

Country:*

City:*

State/Province:*

Zip/Postal:*

Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Insurance

Insurance Carrier*

Insurance Policy Number*

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*

Parent or Guardian's Date of Birth*

Date of Birth

Parent or Guardian's Signature*

Type Signature

Draw Signature

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Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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