2023 Moorage Agreement

2024 Moorage Agreement

Please complete the agreement below to secure moorage for 2024. Moorage will not be granted without a passing score on the Marina Orientation.
Owner/Renter Information
Property Owner Name*

First NameLast Name
Renter Name (if applicable)

First NameLast Name
Lease Expiration Date (If you are a renter)

MonthDayYear
Date
Additional Boat Owner Name (if applicable)
Property Owner E-mail*
Property Owner Phone Number

Area CodePhone Number
Renter or additional boat owner email
example@example.com
Renter or additional boat owner phone number

Area CodePhone Number
Additional Emergency Phone

Area CodePhone Number
Billing Address (if different)

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code

Slip Assignment
Corrections or comments:

Moorage Rules Acknowledgements

Please read each section carefully and acknowledge agreement.

Answer The Following*

	Agreement
Fueling: Fueling is only allowed at the Fuel Dock. I agree that I will NOT fuel my boat in any other location in the marina, even when using personal jerry cans.
Dock Storage: - No items shall be stored on dock walkways. - Boarding steps shall conform to the following: allow air circulation, be less than half the width of the finger, not damage the walkway or bull rail, not be permanently attached. - Hoses, electrical cords, and dock lines shall be deployed/stored such that they do NOT present a trip and fall hazard. - Homemade Dock Boxes are not allowed. Dock Box installation is subject to Harbor Master approval. Dock Box installation shall be performed ONLY by Village Staff. Installed Dock Boxes shall become property of the Village. - Floats may be used provided they are tied (not affixed) to the dock and are maintained in good condition.
Dock attachments: Nothing shall be permanently attached to the docks without Harbor Master approval. Permanent attachments shall be performed ONLY by Village Staff. Permanent attachments shall become property of the Village.
Environmental Responsibility: All spills of hazardous materials shall be reported to the US Coast Guard and Harbor Master. The boat owner shall be responsible for any cleanup related to his vessel and/or activity. Such responsibility extends to all costs associated with the cleanup, even is such costs are initiated by the Village, governmental authorities, or others with authority/responsibility for cleanup. The discharge of sewage, other than into the Pump Out Station, is prohibited. Also prohibited is the usage of soaps, sprays, waxes, or other cleansers not formulated and approved for marine waters.
Maintenance Activities: No debris, paint scrapings, waste liquids, or hazardous materials shall be allowed to enter the water. The boat owner shall be responsible for proper disposal of all hazardous materials.
Vessel Ownership & Slip Usage: That slip assigned per this Moorage Agreement shall be occupied by ONLY that vessel listed in the Vessel Registration and Insurance documents presented with this application, such documents showing the vessel’s current Legal Owner(s), Named Insured(s), and Primary or Other Operators. A vessel sold shall be, within 7 days of the sale date, removed from its slip AND the Harbor Master shall be notified, such notification to include the date of sale, the buyer(s) name(s) and buyer’s contact information (address and phone number). Slip usage SHALL NOT pass to the buyer without prior approval of the Harbor Master, such approval subject to a complete and valid application for Moorage. Failure to comply with this rule may result in loss of all Marina Privileges, now and future.
Decal Display: I understand that I am required to display current decals at all times. Failure to display decals, even if paid for, may result in fines and termination of marina privileges.
Resident/Owner status: I understand that I am only eligible for moorage as long as I am the legal owner of my property or have an active executed lease on file in which the property owner has granted access to amenities. Vessels must be immediately removed upon sale of home and/or expiration/termination of a lease.
Insurance: I agree to maintain proper vessel liability insurance at all times, listing Birch Bay Village as additional insured. I agree to carry liability insurance and property damage insurance, with accidental pollution coverage, with limits of at least $300,000. Current proof of insurance is required to be on file with the Harbor Master. My failure to comply with or demonstrate compliance with this provision does not in any way constitute a waiver by Marina of this provision.
Emergency Contact: I agree to keep a current emergency placard on display at all times. In the event that I will be on an extended trip, I understand that it is my responsibility to appoint someone to respond to issues should they arise (and that it is not the BBV staff’s responsibility).
Emergency Access: I acknowledge that with indications of vessel distress (e.g., taking on water, severed mooring lines) BBVCC Personnel may board vessel without notice to owner to effect Good Samaritan actions intended to reduce damage and enhance marina safety, such boarding does not construe liability or bailment towards BBVCC.
Boat usage: Commercial Vessels are prohibited. Live-a-boards are not permitted, with the exception that up to 14 days per month are allowed for overnight stays.
Boat size: - Slip assignment is conditioned upon the actual length of the vessel, such length measurement shall include bow sprits, pulpits, swim steps, dinghy davits, outboards, etc. For those slips with multiple boats assigned to the same side, a buffer zone of 10 ft between boats shall be maintained. Encroachment of the buffer zone may result in reassignment to a larger slip and/or termination of moorage. - For those adjacent fingers with boats moored on both insides of the fingers, boat widths may not exceed 30% of the open space between fingers. A boat with a width exceeding 30% of the open-space between fingers shall be either a) charged slip fees for the inside slips of both fingers, b) moved to an outside end-of-pier location, or c) denied moorage in the marina.
Boat Operational Readiness, Seaworthiness, Condition, & Inspection: I understand that my vessel must be operational and maintained in a safe & seaworthy condition at all times. Exact definition of what this entails is found in the marina Rules & Regulations. I agree that in the event that my vessel appears to be in poor condition and/or hazardous, an inspection and/or demonstration of seaworthiness may be requested to confirm compliance. Failure to accommodate will result in termination of marina privileges. In addition to the release and indemnity language contained herein, I shall be solely responsible for all costs related to a sinking or damaged vessel, including but not limited to pollution control or salvage of the vessel. Such costs may be payable directly to the governmental authority or to the Marina or third-party contractors, as applicable.
Financial matters: All moorage related fees are due by the 1st of January or upon assignment. Moorage automatically renews annually unless notified prior to January 1. Refunds or proration of annual moorage are NOT given, rather may adjust to monthly moorage should it provide a benefit to you to do so. Failure to be current in all fees in the Village may result in termination of moorage access.
Expenses to enforce: Any costs incurred by the Village to enforce the Marina Rules & Regulations including, but not limited to, impounding, towing, and emergency response, will be the responsibility of the registered PROPERTY OWNER.
Power usage: I understand that all shore power connections must be with cords and adapters designed for marine applications. A minimum 30 amp marine approved shore power cord with locking and grounded plug connection is the only approved power cord to be used in the BBVCC marina. Shore power cords must be secured so that they do not hang in the water, go across the dock, create a hazard for pedestrians, or cause damage to outlet boxes and meter bases. Using other vessel owner’s power outlets is not allowed. Further, proper grounding of electrical system is required.
Water usage: With the exception of B Dock, all hose bibs will be disconnected & turned off from November through February. On B Dock, water will be turned off during sustained periods of 20 degree weather and below. Modification of the dock water distribution system is prohibited. Water hoses are to be stored in such a fashion so as not to create a hazard for pedestrians or cause damage to the water distribution system. When hose racks are used, they must be installed by Village Staff. Conservation of water is vessel owner’s responsibility, when not in use turn off hose at bib.
Emergency equipment: I understand it is my responsibility to be familiar with the location of the emergency equipment provided including life rings, fire extinguishers, and dock captain box accessories. I also understand that while a fire hose has been installed on each dock, these hoses are not to be used on a fire directly. 911 must be called and, if it is safe to do so, an extinguisher is the only appropriate tool for attempting to put out a fire. The hoses are provided to wet down near by areas to help prevent the spread of a fire and NOT the fire itself.
General Vessel Owner Requirements: Boat owners and operators are responsible for protection of their craft and trailer, including adequate lines, fenders, and space to protect docks and adjacent vessel(s) and/or trailer. For mooring: sufficient mooring lines shall be deployed at all times to assure proper moorage of the vessel.
Actions of guests (including contractors) and family are the responsibility of the owner and, in the event of a renter, the Property Owner of record. Should any damage, other than normal wear and tear, be done to any other vessel or a marina facility, for any reason, by a vessel or vessel operator, such person shall be liable.
Vessel owners are requested, as a courtesy to homeowners located around the marina, to secure all lines and equipment that may cause noise such as by generator or through contact with parts of the vessel (in particular, halyards and lines which contact a mast during windy periods).
Access: Access is allowed via key/fob only by people authorized to do so. Keys must be relinquished upon termination of marina privileges. Gates must not be left propped open.
I further agree that I have read the complete set of Marina Rules & Regulations and understand that failure to follow the regulations may result in fines and/or termination of privileges.

Indemnification & Hold Harmless Agreement
General Conditions & Indemnity:

All users of the BBVCC Marina do so at their own risk. No warranty or representation is made by Birch Bay Village Community Club concerning the condition of marina facilities, including but not limited to the docks, piers, floats, fingers, decks, cleats, power or water service, gates, launch ramp facilities, fueling facilities or fuel quality or the suitability or appropriateness of any such facilities, structures, improvements, fixtures, services or equipment to the needs or requirements of any marina user. No warranty or representation is made by BBVCC concerning the depth, condition or any other aspect of the marina basin, channel or surrounding area or approaches. All users of the marina or any facility appurtenant or related thereto, by virtue of such use, agree to indemnify BBVCC with respect to any claim, damage or injury suffered by any person or to any property, including damage to BBVCC facilities or structures or to the person or property of user, user’s guests, agents, officers, directors or invitees and further agrees by virtue of such use to hold harmless and defend BBVCC from any such claim by any person or entity, which claim, damage or injury arises from or is in any way related to the user’s use of the marina or related or appurtenant facilities.

Owner, as a material part of the consideration to be rendered by Marina, agrees that vessels, marinas and areas in and around marinas can be hazardous to both property and persons, posing a substantial risk of damage and injury. Such hazards include but are not limited to slips, falls, drowning, prop wash damage, winds, waves, storms, fires, vessel collisions and vessel sinking.

As a result of Owner’s recognition of the risks associated with being present in or around vessels, Birch Bay Village Marina and its docks and common areas, owner agrees to assume any and all risk for, release, waive any rights against, hold harmless, and indemnify Marina from and against any and all claims, including subrogation by Owner’s insurer, against Marina for damages to the Vessel or its appurtenances, or for injury or death to Owner or Owner associated persons, that may occur on, in or about the Vessel or common areas, or arises out of, or is caused, whether directly or indirectly, by the Vessel or Owner’s, or an Owner associated person’s, use of any Birch Bay Marina area or facility in, on, or around the Vessel, the slip, dock areas, walks, floats, gangways, boatyard, dry storage area, restrooms, other facilities, parking areas, and roads in, around, and leading to Birch Bay Village Marina.

The foregoing waiver includes any and all claims, damages or injuries that may be caused solely or partially as a result of premises liability or the gross negligence of Marina and asserted by Owner or an Owner-associated person.
This release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. Owner represents and warrants that Owner has considered the possibility that claims, liabilities, injuries, damages, and causes of action that Owner does not presently know or suspect to exist in Owner’s favor may develop, accrue, or be discovered in the future and that Owner voluntarily assumes that risk as part of the consideration received for this release. Owner is familiar with the risks associated with marinas, including but not limited to boats, boating activity, docks, launch ramps, rip-rap, tides, tidal effects and changes, watercraft, water, conductive and corrosive salt water, parking facilities and inclement weather that can affect the area. Owner understands that the risks associated with the marina operations and facilities can lead to death, dismemberment and other serious injury to humans, animals and property, and knowingly indemnifies Marina and its owners, officers, directors, members and agents from such claims by Owner or any Owner-associated person, and in addition, Owner releases them from all such claims.

Owner acknowledges that Marina has not made any representations or warranties with respect to the nature, suitability, merchantability, fitness or condition of the Slip or common areas, except as expressly set forth in this Agreement, and that no such warranties or representations shall be implied.
Signature*

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Date

MonthDayYear
Date
Should be Empty:

2024 Moorage Agreement

Owner/Renter Information

Vessel Information

Insurance

Moorage Rules Acknowledgements

Indemnification & Hold Harmless Agreement