This moorage agreement (“Agreement”) made between:
The Marina: 0835741 B.C. Ltd. (DBA Daniels Store and Marina)
1142 Seymour Arm Bay Road, Seymour Arm, B.C. V0E 2V2
Boat slips may be reassigned or exchanged at any time by the Marina, but we will try to get you into your favourite (or previously rented) slip!
Moorage Fee: $1,100.00 plus Tax (GST – 5%)
Term: April 15, 2023 to October 15, 2023
The parties hereto agree and acknowledge as follows:
I Agree All accounts must be paid in full, including applicable taxes, upon receipt of statement, before slip is occupied.
I Agree The Tenant agrees to have boat insured with complete marine coverage including general liability insurance of $2,000,000 during the entire term. Each Tenant will be held responsible for damage he/she may cause to other boats in the marina or to the structures or facilities thereof. A copy of the insurance binder must be submitted to the Marina before the slip is occupied.
I Agree The Marina reserves the right to inspect a vessel if something unusual is noticed. A vessel will only be entered by the Marina staff for emergency service. Failure to inspect shall not be deemed to create any responsibility for the Marina. No other person will be allowed on the boat without the Tenants’ written permission and after notifying the Marina office. The Marina shall have the right to move boat to any other available location or reassign the slip as needed.
I Agree All boats shall be secured in their berths in a manner acceptable to the Marina, or the Marina will adequately secure the boat and assess a service fee. Any vessel that appears to be sinking or is posing a danger to other vessels may be removed and all expenses and risk of loss or damage stays with the owner. Any fees incurred will be the responsibility of the Tenant.
I Agree The contract shall be from April 15th to October 15th. The Tenant agrees to honor full term of contract.
I Agree Owner will dock vessel properly in assigned space only. Slip rentals are non-transferable and non-refundable. No subleasing of slips or transfer of boats between slips will be allowed.
I Agree Fueling is only permitted at the Marina gas docks with fuel purchased at the fuel dock. Refueling elsewhere in the Marina is strictly prohibited. No boat shall take on fuel while in a slip. No one shall have their boats fueled in the parking lot or on Marina grounds. For environmental safety and fire protection, the filling of fuel tanks from transported receptacles will not be permitted. (Insurance does not allow this)
I Agree No garbage or trash is to be left on docks at any time.
I Agree No person, other than The Marina or the Tenant, shall perform work on any boat at the Marina. No oils, fluids, waste or toxins shall be discharged or dumped on the marina property or in the marina basin. Changing motor oil or other fluids is not allowed on marina property. The storage of easily combustible items is not allowed on marina property (e.g. oily rags, combustible liquids etc.)
I Agree No fireworks or firearms are allowed on the grounds at any time. Violators will be subject to prosecution.
I Agree Shoes must be worn on the floating docks at all times. No diving, fishing or swimming in marina basin.
I Agree No live-aboard or staying on boats in marina.
I Agree The Tenant, his agents, employees and guests shall comply with all rules and regulations established by Marina and shall not engage in immoral or illegal activities at the Marina, which are in violation of any local, provincial or federal law. All persons using facilities do so at their own risk. The Marina shall not be responsible for any injury or damage sustained by such persons.
I Agree It is agreed that all amounts payable and paid hereunder are nonrefundable after they have been received by the Marina in good faith, and all invoices under this contract shall be due and payable at the time rendered and must be paid before the vessel or any of its equipment, furniture, gear or appurtenances leave the facilities of the marina. Past due accounts are subject to a 2% per month (26.82% year) finance charge and a $1.00 per foot per day storage fee. Any past due accounts will be collectable under the B.C. Warehouse Lien Act [RSBC 1996] CHAPTER 480.
I Agree At the discretion of the Marina, this agreement may be cancelled upon ten (10) days written notice. If the Tenant does not comply with all Marina terms and conditions, the Marina may cancel the contract with 48 hours written notice (NO REFUNDS).
ASSUMPTION OF RISK AND WAIVER OF LIABLITY
Assumption of Risk and Waiver of Liability. By signing this Agreement the Tenant is waiving, on his/her own behalf and on behalf of his/her family members, guests, and invitees, certain rights to sue the Marina and is agreeing to indemnify the Marina against any and all claims and liability for anything arising out of the use of the Marina’s premises, equipment and facilities.
The Tenant acknowledges that the Marina premises, equipment, and facilities have many inherent risks including but not limited to water related hazards, a moorage basin and moving Vessels, inclement weather, uneven ground, ramps, slippery surfaces, docks, ropes, walkways, and pets. The Tenant accepts and assumes all risks arising out of, associated with or related to activities using the Marina premises and facilities, even though such risks may have been caused by the negligence of the Marina.
The Member covenants and agrees to release, discharge, indemnify and hold harmless the Marina and its employees, directors, officers and agents from or against any and all liability whatsoever for any loss, damage, actions, claims, suits, proceedings, costs, charges, demands, expenses or direct or indirect monetary loss, (whether founded in tort or in contract or otherwise) and including claims for consequential damages, resulting from:
(a) injury to or the death of any persons,
(b) damage to or loss of any property,
(c) damage to the environment, or
(d) any claim of any nature whatsoever
any of which arise directly or indirectly in any manner out of or in any way connected with the use of the Marina property, premises or otherwise or attributable to the nature, construction, design, condition or state of repair of the Marina premises or any of the land and moorage basin occupied by the Marina or of the Slip, or arising out of, occasioned by, or attributable to the presence on, rental, occupancy or use of the Marina, any of the land and the moorage basin occupied by the Marina or of the Slip occupied by the Tenant or by any person visiting same or being thereon and even though such liability may have been caused, or contributed to, by the negligence of the Marina or its employees or agents.
EACH OF THE PARTIES, WISHING TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT, HAS PLACED THEIR SIGNATURES BELOW AS OF THE DATE OF THIS AGREEMENT. THE UNDERSIGNED TENANT, BY SIGNING BELOW, ACKNOWLEDGES HAVING READ, UNDERSTOOD AND AGREED WITH ALL THE TERMS, CONDITIONS AND PROVISOS OF THIS AGREEMENT.
September 21, 2023