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MOORAGE AGREEMENT

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

And,

The Tenant

Moorage Information:

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:


  1. I Agree
    All accounts must be paid in full, including applicable taxes, upon receipt of statement, before slip is occupied.
  2. 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.
  3. 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.
  4. 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.
  5. I Agree
     The contract shall be from April 15th to October 15th. The Tenant agrees to honor full term of contract. 
  6. 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.
  7. 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)
  8. I Agree
     No garbage or trash is to be left on docks at any time.
  9. 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.)
  10. I Agree
     No fireworks or firearms are allowed on the grounds at any time. Violators will be subject to prosecution.
  11. I Agree
    Shoes must be worn on the floating docks at all times. No diving, fishing or swimming in marina basin.
  12. I Agree
     No live-aboard or staying on boats in marina.
  13. 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.
  14. 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.
  15. 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


First Tenant Name

First Name*

Middle Name

Last Name*

Phone*
First Tenant Date of Birth*
First Tenant Signature*
Second Tenant Name

First Name*

Middle Name

Last Name*

Phone*
Second Tenant Date of Birth*
Third Tenant Name

First Name*

Middle Name

Last Name*

Phone*
Third Tenant Date of Birth*
Fourth Tenant Name

First Name*

Middle Name

Last Name*

Phone*
Fourth Tenant Date of Birth*
Fifth Tenant Name

First Name*

Middle Name

Last Name*

Phone*
Fifth Tenant Date of Birth*
Sixth Tenant Name

First Name*

Middle Name

Last Name*

Phone*
Sixth Tenant Date of Birth*
Seventh Tenant Name

First Name*

Middle Name

Last Name*

Phone*
Seventh Tenant Date of Birth*
Eighth Tenant Name

First Name*

Middle Name

Last Name*

Phone*
Eighth Tenant Date of Birth*
Ninth Tenant Name

First Name*

Middle Name

Last Name*

Phone*
Ninth Tenant Date of Birth*
Tenth Tenant Name

First Name*

Middle Name

Last Name*

Phone*
Tenth Tenant Date of Birth*
Parent or Guardian's Email Address

Email*

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

Emergency Contact's Relation to Participant
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*
Parent or Guardian's Signature*
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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