2019 MEMBERSHIP AGREEMENT
Inland Boat Club
Boat Club Membership Agreement - Release & Indemnification
THIS AGREEMENT is made between Inland Boat Club, LLC, DBA Inland Boat Club Company, a Utah Company of Lehi, Utah (identified as “Inland Boat Club”) And Member
Both parties agree to the following:
1. CHARGES: a. Membership fees are to be paid in full to confirm membership. b. “Prime Day” and “Spontaneous Day” boating times are outlined in the clause “Scheduled Use Times”. c. Membership fees are as follows. Please initial which is applicable to this agreement:
_____ Full Membership: 7 Prime Days, 14 Spontaneous Days - $12,750, plus UT Sales Tax. Additional Spontaneous Days may be available but are subject to availability.
_____ Lake Powell Add On Membership: 7 Prime Days use at Lake Powell - $3,000 plus UT Sales Tax.
2. SCHEDULED USE TIMES a. Reservation inquiries can be made within 14 days of the date contacting the Inland Boat Club office or via the membership portal. b. The Inland Boat Club Company office, staff or system must verify availability before a reservation can be confirmed. C. Prime Days are designated as Holidays, the days preceding and following holidays and all Saturdays as well as other designated days on the Inland Boat Club Member calendar. Spontaneous Days are any day that a Vessel is available for use.
3. SCHEDULING RESTRICTIONS a. Anybody can call to reserve time but the Member must be present on board during use. b. Members cannot have more than four pending reservations on the schedule at a time. c. Members cannot reserve the same boat for more than 5 consecutive days.
4. SPECIAL EVENTS a. There will be a lottery drawings for special events such as air-shows and fireworks on specific lakes (example: July 24th at Deer Creek Reservoir). Interested members can submit their names and a drawing will be held 30 days prior to the event.
5. CANCELLATIONS: a. Cancellations less than 48 hours prior to the use date or “no-shows” will count as time used. b. Cancellations due to weather will count as time used with the following exceptions: i. Winds gusting over 25 knots ii. Lightening or thunder in the immediate area c. We do not consider inclement weather a reason for canceling or rescheduling a Member’s use as different Members may have different ideas of what determines the weather “inclement”. Based on boat availability, we can be flexible on this policy and will try to accommodate you as best we can.
6. MEMBERSHIP CANCELLATIONS a. No refunds will be made if a Member wishes to cancel their membership unless Inland Boat Club is able to fill that membership with another Member. b. If Inland Boat Club is able to find another member to fill the membership, the refund will be subject to a transfer fee of $600.
7. DAMAGE DEPOSIT a. The Member is required to pay a refundable Damage Deposit of $1,000 against any damages or loss that might occur during use not covered by insurance or to cover the insurance deductible of $1,000. A seasonal hold can be placed on a credit card or we can accept cash, a money order or cashier’s check (sorry, no personal checks for Damage Deposits). b. The Damage Deposit will be refunded to you at the end of the season pending any damages incurred, if any. c. Member may be responsible for, but not limited to, damage to the vessel or any loss or liability incurred by Inland Boat Club or the Owner by any reason of any breach of the terms of this agreement. Member is covered by the Inland Boat Club Membership use liability insurance policy.
8. BOARDING a. Members will be given a one-time orientation on how to prep, load, unload, clean and transport the Vessel. This information will also be available in the boat’s logbook for easy reference. b. Members are required to sign the vessels log book stating that they have checked the safety gear and basic systems prior to leaving the dock as well as the weather forecast. c. Members are required to call the Inland Boat Club office if they find any issues upon their arrival. This includes maintenance and cleanliness issues from the last club member. This is important because if a member fails to report the issue upon their arrival, they may be mistakenly blamed for the issue.
9. RETURNING THE BOAT a. Members will be given a one-time orientation with how to stow gear, secure the vessel and what is expected for cleanliness after they return from use. This information will also be available in the boat’s logbook for easy reference. b. Members are required to sign the vessel’s log book at the end of their use stating that they have left the boat properly and that any issues have been reported to the Inland Boat Club office. c. Inland Boat Club will periodically clean and inspect the vessels inside and out
10. RESTRICTIONS ON USE a. The Vessel shall only be used by individuals on the resume and agreement submitted to Inland Boat Club by the Member. b. The Vessel shall not be used to transport merchandise or carry passengers for hire or engage in any trade. c. That Member recognizes the operation or “making way” of the vessel after dark is strictly prohibited. Operation of the vessel while intoxicated, under the influence of a controlled substance is strictly prohibited and will be reported to authorities, if known, and will result in the cancellation of this membership. d. The Member shall ensure that the Vessel shall at all times comply with all relevant laws of all jurisdictions within which the Vessel may be at, any time during the use period. e. The Member shall also ensure that the Vessel is at all times operated in a seamanlike manner with due regard being paid to the preservation of the Vessel and its equipment and in accordance with any written policies or procedures or instructions given to the Member or any other member of his party, by Inland Boat Club. f. Boats must be off the water by sunset or if taken over-night, anchored or in a marina by sunset. Boats are not permitted to be underway after dark. g. The Member must be present at all times. The boat can be reserved by anyone but the Member must be on board. h. Boat Club boats are limited to a maximum of the number of people indicted by the Coast Guard Capacity indicator within the Vessel.
11. INSURANCE: a. The Vessel is insured against standard marine perils with Protection and Liability coverage but subject to a physical damage deductible clause. b. The Member is responsible for damage or loss to the vessel not to exceed the amount of the Damage Deposit paid by the Member, regardless of fault. Beyond that amount, the Member is relieved of any liability for such loss or damage, if the event is covered by insurance. c. In the event of any accident or disaster, the Member must give Inland Boat Club prompt notice of the incident. d. The Damage Deposit held by Inland Boat Club against Member damage or loss is applicable per incident. If a Member reaches or exceeds the Damage Deposit held by Inland Boat Club before the end of the Boat Club season, another Damage Deposit will be required to continue Membership. e. Toys, accessories, kayaks, tubes or any other accessories that were provided by Inland Boat Club to that particular use of the Boat Club vessel are not covered by either the charter vessel insurance policy or the security deposit. f. The Member shall comply with and be bound by the terms, conditions and limitations of the said policies, and shall cooperate with Inland Boat Club in the event of any claim or suit. In the event of any loss, accident, breakdown or disaster, the Member shall give immediate notice of the same to Inland Boat Club. In such an event, the Member shall take all steps reasonably possible to preserve the vessel and its equipment, but shall not attempt to make any repairs, personally or by professionals, of major significance without specific authorization by Inland Boat Club. Member shall be responsible for the amount deductible in respect of any claim on the hull insurance policy. Inland Boat Club accepts no responsibility in the respect of loss, accident, breakdown or disaster beyond the risks covered by the insurance specified herein and the Member agrees to hold harmless Inland Boat Club, its officials, agents and employees from any and all loss or liability for injury or damaged caused to any person or property in connection with the vessel. Without prejudice to the generality of the foregoing, the Member specifically agrees to assume all responsibility and liability for, and to indemnify Inland Boat Club, its officials, agents, and employees in respect of any accidents, injuries, or death. Furthermore, Inland Boat Club and the Owner accept no responsibility for any allegedly defective condition of the vessel and no warranty, implied or otherwise, with respect to the vessel, related equipment or anything supplied including, but not limited to, any outboard motor, dinghy, kayak or grill. g. Any questions or concerns about insurance coverage or policy terms regarding the vessel can be directed to the Inland Boat Club Insurance Underwriter.
12. GOVERNING LAW a. This agreement and the relationship of the parties shall be construed and interpreted pursuant to the laws of the State of Utah. In the event of a dispute arising between the parties with respect to this Agreement, such dispute shall be referred to three (3) arbitrators: one (1) arbitrator, chosen by each party, and the third (3rd) arbitrator chosen by the other two (2) arbitrators. The decision, in writing, signed by at least two (2) of the arbitrators, shall be final and binding upon all parties. The expense in connection with any such arbitration shall be divided equally between the parties.
A. Inland Boat Club is in the business of chartering vessels to individuals for recreational purposes.
B. Skipper has provided a resume’ of his/her use experience to Inland Boat Club, and Inland Boat Club is relying on said resume’ in allowing Member to charter one of its vessels.
C. Inland Boat Club and Member have entered into a Boat Club Membership Agreement, which agreement is specifically incorporated by reference.
D. It is the desire of both Inland Boat Club and Member to enter into this agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. The Member has sufficient experience or has arranged for use instruction to obtain sufficient knowledge and experience and is confident they will be capable of safely operating the vessel under any and all conditions which may arise.
2. That Member recognizes the operation or “making way” of the vessel after dark is strictly prohibited. Additionally, operation of the vessel while intoxicated, under the influence of a controlled substance or racing is strictly prohibited and subject to immediate termination of Charter. Incidences related to these items may not be covered by insurance claims.
3. That Member is further aware that weather and other conditions beyond his/her control can and do, rapidly change.
4. That Member acknowledges that he/she has been given adequate and sufficient warnings as to the inherent and potential dangers associated with the operation and use of the vessel and assumes any and all risk associated with its use and operation.
5. Inland Boat Club does agree that if, after reading this agreement Member requests, Inland Boat Club shall supply a licensed captain for the benefit of Member at an additional charge.
6. That Member has fully inspected the Vessel which he/she is chartering and is fully aware of its present condition and accepts the Vessel in its present condition as is.
7. That Member agrees to notify any and all of his/her guests who may come on board the vessel during the term of Members agreement with Inland Boat Club, of all inherent and potential dangers associated with the use and enjoyment of the vessel. It is further agreed that all guests on the vessel shall be the invitees of the Member, and they shall be further informed, that neither Inland Boat Club nor the owner of the vessel shall owe any duty of any kind or nature.
8. The Member and his/her heirs, executors, administrators, successors, or assignees, do hereby expressly stipulate and agree to release, indemnify and hold forever harmless, Inland Boat Club (except as to Inland Boat Club’s own gross negligence) against any and all claims, demands and actions of any kind or nature, which may hereafter at any time be made or instituted against Inland Boat Club, its successors, assigns, employees, officers, directors, principals, and agents against any and all action, causes of action, debts, dues, claims and demands of every kind or nature, both at law and in equity, which may now or at any time in the future, arise or be associated with the operation and/or use of the vessel, and does further agree to reimburse or make good any loss, demand or cost including reasonable attorney’s fees, which Inland Boat Club, its successors, assigns, employees, officers, directors, principals or agents may have to pay if any litigation arises from any such claim or action.
9. The laws of the state of Utah shall govern any and all actions and the interpretation of the provisions of this agreement. Member has agreed to the terms of the Membership Agreement and the Boat Club Release and Indemnification.
INLAND BOAT CLUB, INC DBA INLAND BOAT CLUB COMPANY Boat Club Membership Agreement - Release & Indemnification INLAND BOAT CLUB COMPANY © INLAND BOAT CLUB, INC