Tofino Resort and Marina Moorage Agreement

TRANSIENT MOORAGE AGREEMENT

Part 1

BETWEEN:

Tofino Resort and Marina

Box 69 634 Campbell St. Tofino BC V0R 2Z0

AND:

Vessel Owner(s) Name: {customername}

Vessel Operator’s Name (if different):

Mailing Address: _________________________

Phone: ________________________________

Email: _________________________________

Vessel Name: {vesselname}

Reg #: ________________________________

LOA: _________ft

Vessel Make: ___________________________

Emergency Contact Number: _________________________

Moorage Start Date:  ____________________________

Moorage End Date: ____________________________                     

PLEASE CAREFULLY READ THE WAIVER AND INDEMNIFICATION.

Rules and Regulations of the Marina are compiled in Schedule “A” to this Agreement attached hereto and form part of this Agreement.

The parties agree to the terms and conditions set out in this Agreement, this {todaysdate}. Tofino Resort and Marina. Per:

____________________________

Authorized Signatory

____________________________

Customer {customername}

 

OFFICE USE ONLY

SLIP #: ____________

Ice(# of bags): __________$________

Trailer (# of days): _____$__________

Notes: _____________________________________________________________________________

Paid:

Copy of Insurance:

Employee Initials: ________

TRANSIENT MOORAGE AGREEMENT
Part 2

1. DEFINITIONS

ln this Agreement:

  1. “Amenities” means the Tofino Resort and Marina Hotel operated by TRM, and includes any docks, floats, and facilities (shore side or otherwise) at the Tofino Resort and Marina;
  2. “Customer” refers to the individual(s) named as Owner and/or Operator, notwithstanding that such person or persons is/are in fact legal owners of the vessel described herein, and may be a collective term;
  3. “Customer’s Guests” means any passenger on the Vessel, any guest invitees of the Customer or otherwise any person for whom the Customer is responsible in law;
  4. “End Date” means the date upon which the Vessel shall cease to be moored in the Moorage Berth as described in Part 1 above;
  5.  “Fees” means all fees payable for moorage including moorage, power, and water as set out herein;
  6. “Marina” means Tofino Resort and Marina operated by TRM;
  7. “Moorage Berth” means the berth assigned to the Customer for mooring his/her Vessel at the Marina as set out herein;
  8. “Start Date” means the date upon which the Vessel shall be moored in the Moorage Berth as described in Part 1 above;
  9. “TRM” means Tofino Resort + Marina Inc.;
  10. “Vessel” means the boat which is named and described under the categories “Vessel Name” and “Vessel Make” in Part 1 above.

2. APPLICABLE LAW

The proper law of this Agreement shall be the law of British Columbia and this Agreement shall also be deemed to be valid and enforceable in accordance with the law of any other jurisdiction. The parties intend all of their affairs and property to be governed by this Agreement and the law of British Columbia.

3. MOORAGE TERMS AND CONDITIONS

  1. The parties agree that the Customer shall be assigned a Moorage Berth and the Customer shall utilize only that berth to moor his/her Vessel unless the Customer has prior written consent from Tofino Resort and Marina to moor elsewhere in the Marina.
  2. The Customer may use the Moorage Berth for the purposes of docking the Vessel starting at 3:00pm on the Start Date and ending at 11:00 a.m. on the End Date.
  3. To ensure the efficient operation of the Marina, Tofino Resort and Marina may rearrange or reassign the Moorage Berth at any time, and may move the Vessel at any time, without consideration or notice to the Customer.
  4. The Customer shall inform Tofino Resort and Marina if the Vessel will vacate the Moorage Berth for any period of time in excess of 48 consecutive hours.
  5. The Fees, together with all applicable levies and taxes, are payable in advance of the Start Date, and are non-refundable.
  6. Fees are NON REFUNDABLE OR TRANSFERABLE, and will not be pro-rated in the event of early departure.
  7. The Customer acknowledges and agrees that Fees are only for the rental of the berth occupied by the Vessel and in no way create any obligation on the part of Tofino Resort and Marina or any of its employees or agents for the care, custody, or safety of the Vessel or any of its occupants.
  8. The Customer shall pay any charges and costs, including all applicable levies and taxes, for the use of the Amenities by the Customer, and by any of the Customer’s Guests.
  9. Interest on overdue Fees, charges, costs, levies, and taxes payable as set out herein will be charged at the rate of 2% per day.
  10. The parties acknowledge that Tofino Resort and Marina has the right to move or remove the Vessel in the following circumstances:
    1. Breach or termination of this Agreement by the Customer as contemplated by this Agreement;
    2. Emergency circumstances, as determined by Tofino Resort and Marina in its sole discretion, in order to protect and preserve persons, property and/or the environment;
    3. Optimization of moorage confirmation; and
    4. Facilitation of Marina construction and/or repairs.

4. CUSTOMER’S RESPONSIBILITIES

  1. The Customer agrees to abide by the rules and regulations of Tofino Resort and Marina, as set out in the attached Schedule “A”, as amended from time to time.
  2. Nothing in this section shall be construed as reliving the Customer from his/her responsibilities to ensure that the Vessel is safe and secure.
  3. The Customer must ensure that the Customer’s Guests abide by the rules and regulations of Tofino Resort and Marina, as set out in the attached Schedule “A”, as amended from time to time.
  4. The Customer shall be responsible for ensuring that the Vessel is in good and safe condition, imposing no hazard or risk to itself or to other vessels in Tofino Resort and Marina, or to the environment.
  5. The Vessel is at the sole risk and expense of the Customer at all times. Tofino Resort and Marina does not have any care, custody or control over the Vessel nor shall such care, custody or control of the Vessel be deemed to exist at any time.
  6. The Customer shall be responsible for the safe mooring of the Vessel, including the use of adequate and sufficient mooring lines to ensure safety in extreme weather conditions.
  7. Repairs to, or replacement of, portions of the Vessel, including but not limited to mooring lines, are the responsibility of the Customer and must be undertaken within a reasonable period of time after being requested to do so by Tofino Resort and Marina, and if the Customer does not undertake such repairs or replacement, Tofino Resort and Marina reserves the right to effect such repairs or replacement at the Customer’s expense, and the associated costs will be added to the Fees.
  8. Tofino Resort and Marina reserves the right to purchase equipment at the Customer’s expense including, but not limited to, fenders, and new lines to ensure the mooring safety of the Vessel, and the associated costs will be added to the Fees.
  9. The Customer agrees that environmental pumping of the Vessel, and snow removal will be the responsibility of the Customer, and failure to honour that responsibility, which results in Tofino Resort and Marina incurring costs to ensure these responsibilities are met will result in such costs being added to the Fees.
  10. The Customer must carry liability insurance for the Vessel in the minimum face value amount of $1,000,000 with an insurance carrier acceptable to Tofino Resort and Marina, and an acceptable policy form providing marine protection and indemnity coverage.
  11. The Customer shall provide proof of liability insurance of the Vessel as set out herein on the Start Date when payment of the Fees is made.
  12. The Customer is responsible for ensuring that Tofino Resort and Marina has up-to-date insurance information, particularly in the case of modification, cancellation or non- renewal.
  13. The Customer shall be liable and hereby agrees to pay and/or indemnify Tofino Resort and Marina for any loss or damage to or disfigurement of Tofino Resort and Marina’s facilities, floats, wharves, installations, and premises, howsoever caused, whether by the Customer, or by his/her associates, agents, guests, invitees, or the Vessel, whether by negligence or otherwise.
  14. The Customer is responsible for and carries all risk associated with:
    1. all ancillary equipment and/or private property stored or moored on Tofino Resort and Marina’s property;
    2. any vehicles, and the contents therein, parked on Tofino Resort and Marina property,

and Tofino Resort and Marina shall not be responsible under any circumstances for any loss or damage caused thereto whether caused by the negligence of Tofino Resort and Marina, its employees or agents, or the acts of third parties, or otherwise.

5. TERMINATION

  1. Tofino Resort and Marina may terminate this Agreement or any right of the Customer arising out of this Agreement, at any time, for any reason, without notice or liability to the Customer, including any implied right of access to, or use of the Amenities;
  2. Upon termination of this Agreement, Tofino Resort and Marina may request the Customer to remove the Vessel and all belongings from the Marina within 48 hours;
  3. It is understood by the parties that as security for payment of the Fees, and all other obligations under this Agreement, the Customer grants to Tofino Resort and Marina a security interest in the Vessel and all personal property located on or about the Vessel and, if the Customer fails to pay the Fees or other costs contemplated by this Agreement, within 30 days of the delivery of a written demand by Tofino Resort and Marina to the Customer, Tofino Resort and Marina may, at its option:
    1. Seize the Vessel and any personal property located on or about the Vessel;
    2. Sell the Vessel and any personal property seized at public auction in the manner provided in the Warehouse Lien Act (British Columbia)

without prejudice to all other rights and remedies of Tofino Resort and Marina including those remedies available under the Personal Property Security Act (British Columbia). All costs incurred by Tofino Resort and Marina (including legal fees and disbursements) to recover Fees and other costs shall constitute additional Fees owed by the Customer.

6. GENERAL

  1. The Customer agrees that he/her has not relied upon any oral or written representations or statements made by Tofino Resort and Marina or anyone for whom Tofino Resort and Marina is in law responsible, and acknowledges that there have been no representations made by Tofino Resort and Marina that are not set out in this Agreement, and further acknowledges that this Agreement including the attached Schedules constitutes the entire Agreement between Tofino Resort and Marina and the Customer.
  2. The Customer acknowledges and agrees that he has read this Agreement prior to signing it. The Customer acknowledges and agrees that by signing this Agreement the Customer is waiving certain legal rights which the Customer or the Customer’s heirs, next of kin, executors, administrators, assigns and representatives may have against Tofino Resort and Marina or any one for whom Tofino Resort and Marina is in law responsible.

7. RELEASE AND WAIVER

INITIAL:  ________

In consideration of Tofino Resort and Marina permitting the Customer to moor the Vessel at the Marina, and to use the Amenities, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Customer agrees to WAIVE ANY AND ALL CLAIMS that the Customer has or may in the future have against Tofino Resort and Marina, its directors, officers, employees, instructors, agents, representatives, volunteers, sponsors, successors and assigns (hereinafter collectively referred to as the “Releasees”), and TO RELEASE THE RELEASEES FROM ANY AND ALL LIABLITY, for any loss, damage, expense or injury, including death, that the Customer may suffer, or that the Customer’s next of kin may suffer, as a result of mooring the Vessel at the Marina, and/or the use of the Marina and the Amenities by the Customer and/or the Customer’s Guests,  DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLEGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE BRITISH COLUMBIA OCCUPIERS LIABLITY ACT, R.S.B.C. 1996, c. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE USE OF THE MARINA, THE MOORAGE BERTH, AND/OR THE AMENITIES.

I agree to all terms and conditions, rules and regulations set out in this Moorage Agreement.

Dated at Tofino, British Columbia, this {todaysdate}

SIGNED AND DELIVERED in the presence of:

Witness: ____________________________________

___________________________________________

(Customer: print name)

Address: ____________________________________

___________________________________________

(Customer: sign name)