2026 Moorage Agreement

Birch Bay Village Community Club (Lessor), grants to the undersigned member boat owner or his renter (Lessee), berth space at the Birch Bay Village Marina for the boat designated below on the following terms and conditions:

1.TERM. This Lease Agreement shall become effective from January 1st, 2026, or as dated _________________and remain in force until December 31st, 2026, unless both parties voluntarily agree to an earlier termination, except as modified in 3 below. Annual moorage will not be prorated.

2.LATE FEE AND INTEREST. Lessor may impose a late fee of 10% on the account becoming delinquent and interest charges at. Upon becoming delinquent, interest on the principal amount of the account balance will accrue at the rate of 8% per annum, from the date the balance was due until paid in full.

3.DEFAULT. If any rents or any part thereof shall be and remain unpaid when the same become due, PAYMENT DUE ON THE 31ST of January or the date of signing the lease whichever is later, Lessor may, without any advance notice, take possession of the boat, it’s tackle, apparel, fixtures, equipment, and furnishings and may retain such possession until all rents and other charges then owing and any charges which shall thereafter have accrued to Lessor are fully paid. In addition, in event Lessee violates any of the terms of this Agreement, Lessor may on five (5) day written notice mailed to Lessee’s billing address stated below, terminate Lessee’s right to further berthage under this Agreement but without prejudice to Lessor’s right to collect rental and utility charges under this agreement until such time as the vessel is removed from Lessor’s moorage. The remedy provided in this paragraph is in addition to and not in lieu of any other remedies which Lessor may have by virtue of statute or otherwise in any action or proceeding for the collection of any sums that become payable hereunder. Lessee agrees to pay to Lessor, in addition to the unpaid balance due, an amount equal to the charge for said collection, not exceeding fifty percent (50%) of the unpaid balance due as liquidated damages. If by reason of any act on part of the Lessee, it becomes necessary for Lessor to employ an attorney, the Lessee agrees to pay in addition to the aforesaid collection charge, all reasonable attorneys’ fees incurred by Lessor.

 4. Moorage Assignments -All moorage assignments are for the term of the Moorage Agreement. BBVCC maintains the right to reassign vessels as needed and makes no guarantee that assignments will not change.

5. Acknowledgment -Owner  acknowledges the following  that by signing this agreement, the moorage space provided is adequate for safe mooring of the vessel.

Please note: New Moorage will not be granted without a passing score on the Marina Orientation.

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, riprap, 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.