The "Premises" includes all land, docks, breakwater, water lease and any appurtenances thereto owned or controlled by EHYC.
The Member confirms that the measurements of the Yacht are correct and that its length includes all protuberances such as pulpits, bowsprits, anchors, dinghies, swim grids and outboards in the raised position (Section C.1(c)(i).). Furthermore, The Member understands that the assignment of moorage slips will not be considered permanent in any way, and that assignment of a slip for this Yacht is at the discretion of EHYC and that if the Rear Commodore deems it necessary to move my Yacht to another slip in order to better utilize available moorage, the Member will cooperate to move their Yacht without delay (Section C.1-(d).).
The Member also understand that EHYC has a strong tradition of volunteerism and participation by Members is a key strength of the Club and differentiates it from a commercial marina. The Member understands that having moorage at EHYC is a privilege and commits to the minimum utilization of the Yacht and participation in the Club affairs through volunteering.
Without limit to the forgoing, the Member acknowledges and agrees to the following terms and conditions:
1. Seaworthiness - The Member must maintain the Yacht in a safe and seaworthy condition and equipped in accordance with the Canada Shipping Act, Small Vessel Regulations and any other applicable laws or regulations (the "Regs") (Section C.6). Any winter cover will be removed by Sailpast. A Member's Yacht must pass a safety inspection conducted at EHYC (Safety Day), once in every 3 years. This would include the completion of any remedies for deficiencies noted from the RCM/SAR Boat Safety Inspection. Alternatively, a Member may employ a certified Marine Surveyor to complete a safety check during the same 3 year period that meets the same conditions as required on the RCM/SAR Boat Safety Inspection.
2. Use of Yacht - The Member or anyone using the Yacht shall enter and leave the Premises in a cautious and seamanlike manner, so as not to damage other Yachts or EHYC property and shall not allow the Yacht to exceed 2 knots within the Premises. The Member shall not themselves, or allow others to use the Yacht as living quarters or charter service (Section F.(a)1 & F.(a)3). The Member agrees that they and their invitees must conduct themselves in a lawful and legal manner that is not detrimental to the safety of the Premises or to the quiet enjoyment of others and that the Member is vicariously liable for all damages caused by the Member and/or their invitees, including any children (Section I.1).
3. Discharge - The Member or any operator of the Yacht shall not discharge sewage within an EHYC water lot lease and as per the Canada Shipping Act and Yacht Pollution Regulations (Section F.(b)2). Any gray water discharge must not leave a sheen on the water and any bilge water must not contain harmful chemicals or pollutants (Section F.(b)4) and that any spill or release of pollutants must be reported to the Club Superintendent (Section F.(b)3).
4. Repairs & Maintenance - Under no circumstances shall the Member or designate, being anyone acting under the instructions of the Member, conduct any major fiberglass or heavy repair work on the Premises.
5. Use of EHYC Mooring Docks - The Member shall ensure that any children under the age of 10 who are part of their family or guests shall wear government approved personal floatation devices while on the docks (Section H.3).
6. Mooring Lines - The Member is responsible for the safe mooring of the Yacht and will ensure that all mooring lines and hardware will be of the appropriate size for the Yacht and that the mooring lines and hardware are properly maintained and kept in good condition. The Member is responsible for checking mooring lines regularly and in particular, before and after storm conditions (Section C.9).
7. Emergencies and Hazardous Conditions - In the event of emergencies or hazardous conditions, or if it is the best interests of EHYC, the EHYC Superintendent or his designate is authorized to board the Yacht, and if needed, enter in order to secure, conduct emergency repairs, relocate the Yacht and/or faulty equipment, disconnect electrical cords or take any other actions deemed necessary to prevent injury to persons, minimize damage or loss to the Yacht, other Yachts or EHYC property and that the costs of any such measure(s) undertaken may be charged to the Member's EHYC account.
8. EHYC Liability
a) The Member is solely liable for injury to persons, and any loss, damage, or destruction caused to other Yachts or EHYC property by the Yacht or its equipment as a result of any non-compliance with these Mooring Rules, this Agreement, and the Regs. The Member agrees that EHYC shall not be responsible under any circumstances for any loss or damage caused by the acts of third parties, or otherwise. Any vehicles and their contents parked at the Premises are left at the Member's or their guest's risk.
b) In any circumstance where EHYC staff or any person acting under the directions of the Club Superintendent, are required to take any kind of action in an emergency, or to ensure the Yacht's compliance with the Mooring Rules, including boarding the Yacht or moving it, the Member hereby releases EHYC, its agents, staff, or persons acting under said directions from any damages caused to the Yacht by their actions.
9. Insurance - the Member, will at all times, have valid third-party liability insurance (Protection & Indemnity) for the Yacht of at least $2,000,000 (Section C.5). Proof of said insurance must be provided to EHYC before the Yacht is moved to its allocated berth and thereafter on an annual basis. The Member is solely responsible for insuring the Yacht against any loss or damage.
The Member and their guests assume all risk and liability arising from their use of and presence in EHYC property (including, but not limited to: docks, clubhouse and parking lot). EHYC shall not be liable for the security of the Member's Yacht or any other loss related to their Yacht, and further, shall not be liable for any loss due to theft, damage or otherwise in respect of any articles left in any vehicle or vessel at EHYC. In addition, the Member shall be liable for injury to persons, and any loss, damage, or destruction caused to other Yachts, Vessels or EHYC property by their Yacht or its equipment as a result of any non-compliance with these Mooring Rules, this Agreement, and the Regulations.
10. Trades Persons - The Member will undertake to verify that every tradesperson hired has current liability insurance and WorkSafe BC in good standing at the time that any work to the Yacht is performed. The Member acknowledges that this requirement is the Member's sole responsibility.
11. Duration - This agreement will continue in full force and effect as long as the Yacht is moored at EHYC or until it is replaced with another Moorage Agreement.
12. Exit Terms - The Member agrees to the terms of the EHYC exit policy outlined in the moorage application and hereby acknowledges that 60 days moorage fees are due after the resignation of moorage at EHYC. The Member also agrees the Yacht may be moved to any new location at EHYC in order to serve the best interests of the EHYC and its members.
13. Security - The Member agrees not to lend their access fob to anyone (other than authorized trades who have current insurance and WorkSafe BC coverage) who is not a member of EHYC unless the Member is present on the docks. Non-members include, but are not limited to, adult children, racing crew and employees of the Member.
14. Agreement - Failure to sign this agreement, and as amended from time to time, may result in the termination of your membership and any moorage agreement. In the event of any contradiction between the terms of this Agreement and EHYC Bylaws/Regulations the latter will prevail. This agreement must be completed on an annual basis as well as for any new Yacht acquired by the Member during the year.