By signing below, I acknowledge that I have read the BEAR LAKE CLUB, LLC, Marina Slip Rental Terms and Conditions attached hereto and that the terms of the same are hereby incorporated into this agreement and form an integral part of this lease agreement. I agree to be bound by the BEAR LAKE CLUB, LLC, Marina Slip Rental Terms and Conditions. I further agree:
1.TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with, or related to my/my child’s use of the boat launch, dock, and marina located at Bear Lake Reserve, even if such risks may have been caused by the negligence of the BEAR LAKE CLUB, LLC, Marina.
2.TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which I/my child might sustain while using the boat launch, dock, and marina located at Bear Lake Reserve, even if such loss or damage may have been caused by the negligence of the BEAR LAKE CLUB, LLC, Marina.
3.TO HOLD HARMLESS AND INDEMNIFY BEAR LAKE CLUB, LLC, BEAR LAKE INVESTMENTS I, LLC and TEMBO HOSPITALITY GROUP, LLC:
a) From any and all liability for any damage to the personal property of, or personal injury to, any third party resulting from my/my child’s use of the boat launch, dock, and marina; and
b) From any and all claims, demands, actions, and costs which might arise out of my/ my child’s use of the boat launch, dock, and marina, even though such claims, demands, actions and costs may have been caused by the negligence of the BEAR LAKE CLUB, LLC, Marina
I, THE UNDERSIGNED, ACKNOWLEDGE THAT I HAVE CAREFULLY READ THE ABOVE RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS CONTENTS AND THAT I FULLY AGREE WITH ITS TERMS AND CONDITIONS. I UNDERSTAND THAT BY SIGNING THIS RELEASE OF LIABILITY I AM KNOWINGLY AND WILLINGLY AGREEING TO RELEASE BEAR LAKE CLUB, LLC and BEAR ESSENTIALS CLUB MANAGEMENT, LLC FROM ALL LIABILITIES INCIDENT TO MY/MY CHILD’S USE OF THE BOAT LAUNCH, DOCK, and MARINA, INCLUDING, OF ALL LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY THE NEGLIGENCE OF ANY SAID PERSON OR OTHERWISE. This agreement is to be binding upon myself, my heirs, executors, administrators, and assigns, in the event of my death or incapacity.
Bear Lake Club, LLC - Marina Slip Rental Terms and Conditions:
(Please affix your initials beside each term to confirm you have read and understand the terms of the same, and agree to be bound by, and abide by these terms) 1.0 The Marina Slips and Boat Launch are unsupervised. Lessee’s, their invitees, guests, agents and assigns, use the facility at their own risk. Children, under 16 years of age, must be accompanied by a parent or guardian. 2.0 No alcoholic beverages are to be consumed on the Bear Lake Club, LLC - Marina property. 3.0 Life jackets should be worn on the dock while entering and departing the boat and while moving along the dock and boardwalk system. 4.0 The anticipated season for marina operation runs from May 1st-November 30th, however management reserves the right to extend or abbreviate the season at their discretion to account for weather, required repairs and maintenance etc. In the event operation of the marina season is shortened, Lessee’s will be provided with 7 days’ notice to remove their watercraft from the marina. In the event the marina season is shortened there shall be no adjustment, abatement, or apportionment to the weekly / monthly rental fee. 5.0 Every effort to accommodate our customers’ first choice of marina slip will be made, however management reserves the right to assign watercraft to an alternate slip to ensure the best fit and configuration of watercraft, as management, in its sole discretion determines. 6.0 There is a NO WAKE zone in the marina. The lessee is responsible for ensuring that their watercraft adheres to this rule. The owner of watercraft is strictly liable for all actions of anyone operating their watercraft. In the event this rule is violated, the owner may have their lease terminated immediately, without any right of refund, abatement, adjustment or compensation. 7.0 Trailers may NOT be left in the Bear Lake Club, LLC - Marina parking area immediately adjacent to the marina. There is ample parking available across from Boat storage area. If a trailer is left overnight, the trailer may be moved. Any moving, storage and removal fees incurred, will be charged to the Lessee. 8.0 Bumpers ARE required on the dock side. Lessee must ensure that the bumpers used are size-appropriate. If bumpers impede the access of a neighboring boat, they will be removed. 9.0 Any vandalism or damage to the boat launch, marina or grounds that is deemed to be the responsibility of the LEASEE will be the responsibility of the LEASEE. Bear Lake Club, LLC - Marina reserves the right to invoice any costs associated with the damages to the LEASEE. This includes any unauthorized modifications or additions to the Marina docks or facilities. 10.0 Unauthorized use of the boat launch and marina are strictly prohibited and may result in termination of the rental agreement without refund. 11.0 Management reserves the right to cancel this rental contract at their sole discretion at any time, for any reason whatsoever, that management, in its sole discretion determines, and a prorated rental fee will be refunded to the Lessee. Reasons for contract termination may include failure to operate in a safe, manner respectful to neighbors or the environment, providing keys and/or marina access to unauthorized persons etc. 12.0 Bear Lake Club, LLC – Marina dock is an unsupervised, unmonitored facility, BEAR LAKE CLUB, LLC, BEAR LAKE INVESTMENTS I, LLC and TEMBO HOSPITALITY GROUP, LLC and affiliates will not be held responsible for any theft or damages to individual boats or the contents of boats while in the marina. IF YOU ARE AWARE OF ANY REPAIRS, MAINTENANCE OR REPLACEMENT REQUIREMENTS PLEASE LET US KNOW SO THIS WORK CAN BE DONE IN A TIMELY FASHION. YOUR SAFETY AND SATISFACTION ARE VERY IMPORTANT TO US. THANK YOU