2016 MEMBERSHIP AGREEMENT CARLTON LANDING BOAT CLUB

Transcription

1 2016 MEMBERSHIP AGREEMENT CARLTON LANDING BOAT CLUB THIS AGREEMENT (the Agreement ) is made between Carlton Landing Boat Club LLC (the Boat Club ), and (the Member ), who hereby agree to the following: 1. TERM. The term of this Agreement shall be for one year, beginning on April 1, 2016, and ending on March 31, 2017 (the Term ). However, the membership dues may be increased or decreased to the current amount being charged by the Boat Club to new members, unless otherwise provided. 2. MEMBERSHIP DUES. a. Member agrees to pay the Boat Club the following fees and membership dues, depending on the selected level of membership (as evidenced by the checked box below) (see paragraph 17 for definitions relating to the level of membership): Admiral. Member agrees to pay Membership Dues in the total sum of Seven Thousand Dollars ($7,000), which sum shall be paid in equal monthly installments, to be charged to the credit card on file with the Boat Club on the first of each month from April 1, 2016 through March 1, Commodore. Member agrees to pay Membership Dues in the total sum of Three Thousand Five Hundred Dollars ($3,500), which sum shall be paid in equal monthly installments, to be charged to the credit card on file with the Boat Club on the first of each month from April 1, 2016 through March 1, Captain. Member agrees to pay Membership Dues in the total sum of Three Thousand Dollars ($3,000), which sum shall be paid in equal monthly installments, to be charged to the credit card on file with the Boat Club on the first of each month from April 1, 2016 through March 1, Commander. Member agrees to pay Membership Dues in the total sum of Two Thousand Five Hundred ($2,500), which sum shall be paid in equal monthly installments, to be charged to the credit card on file with the Boat Club on the first of each month from April 1, 2016 through March 1, b. Additionally, if Member was (i) not a Member of the Boat Club during the 2015 boating season, or (ii) Member s 2015 membership in the Boat Club has expired by more than 30 days, Member agrees to pay the Boat Club a non-refundable initiation fee of One Thousand Dollars ($1,000.00), plus the above membership dues, depending on the selected level of membership (as evidenced by the checked box above): 3. TYPE OF MEMBERSHIPS. Member elects to join the Boat Club according to the following (as evidenced by the checked box below): Individual Membership. Persons with an Individual Membership, as evidenced by the execution of this Agreement, are entitled to all the rights and privileges of the Boat Club subject to all reasonable rules and regulations and terms of this Agreement. Family Membership. Persons who are in the immediate family of an Individual Member, that is, spouses and children, or in laws [between the ages of twenty-one (21) and twenty-five (25)] shall be entitled to the rights and privileges of that membership subject to all reasonable rules and regulations and this 1

2 Agreement. Under the Family Membership, access and reservations for the Boats may be granted to any qualified family member who is also qualified to operate a Boat under this Agreement. Household Membership. Persons who are owners of record of real property within Carlton Landing may join as a Household Membership. In such event, up to five (5) signers who are owners of that household or immediate family that are in residence on the reservation date (adult child, brother, sister, mother, father, aunt, uncle, and/or first cousins) shall be entitled to the rights and privileges of membership subject to all reasonable rules and regulations and this Agreement. Owners of separate households within Carlton Landing or owners of a single household outside of Carlton Landing do not qualify for the Household Membership. 4. FEES. Member agrees to provide payment for Membership Dues and Fees in the following manner: a. Fuel. Fuel will be charged to Member s account as reflected on the reserved boat s flow meter reading upon return to the Carlton Landing dock. Each fuel charge is figured at $3.90 per gallon at the manufacturer s listed average fuel burn of 14 gallons per hour of engine run time. Fuel charge is subject to change as the per gallon cost of fuel changes either up or down as listed for sale by the No. 9 Marina on Lake Eufaula. b. Lost or Damaged Equipment. Member is responsible for the care of Boat Club equipment and accessory items. Charges for lost or damaged equipment, including damage to any Boat, accessory, and/or related property, will be applied to the Member s account. c. Other Fees. In the event that payment is not received within five (5) days of the due date, Member s account will be assessed a late fee of $ A $25.00 fee will be assessed for all checks returned for non-sufficient funds. All funds paid by Member to the Boat Club are non-refundable. 5. TERMINATION. Neither party shall have the right to terminate this Agreement during the Term. Upon the termination of this Agreement, the Member shall have no further rights and the Boat Club shall have no further obligations or responsibilities of any kind to Member. Member shall remain liable for any and all fees that were incurred prior to the termination date. (If this Agreement is terminated, the $1,000 initiation fee will be charged if Member wishes to become a Member again in the future.) 6. OBLIGATIONS OF THE BOAT CLUB. During the Term, the Boat Club shall: a. Provide for the use and benefit of all Members, on a non-exclusive, first come, first serve basis: 1. Good quality boats ranging in length from 20-ft up to 22-ft (the Boat or the Boats ); 2. Good quality waterskis, tubes, wakeboards, life jackets, ski jackets; and 3. Other water related recreational equipment as the Boat Club may deem appropriate; b. Provide maintenance on all Boats and related equipment and maintain them in a good, usable and enjoyable condition; c. Provide personnel and facilities to handle reservations and scheduling for Members on a first come, first serve basis, subject to the Rules of the Boat Club; d. Provide emergency Boat towing service for Boats; e. The Boat Club s duty to perform the foregoing obligations shall be fully excused: 1. If the Boat Club is reasonably unable to perform because of fire, storm, tornado, hurricane or other inclement weather condition, or other act of God; 2. If fuel, equipment or materials are unavailable; 3. Upon mechanical breakdowns of the Boat or equipment; 4. Upon other circumstances which are beyond the reasonable control of the Boat Club. 2

3 7. OBLIGATIONS OF THE MEMBER. During the Term, the Member shall: a. Prohibit and prevent any person from operating any of the Boats who: 1. Is not on the Member s membership; 2. Is under twenty-one (21) years of age; 3. Who is not able to show evidence of completion of the Boater Education Course approved by the Oklahoma Highway Patrol ( 4. Who has not completed the Boat Club s boating safety orientation; 5. Whose physical condition may diminish reaction time and increase the risk of accident; 6. Who is under the influence of alcohol, prescription drugs, or any other illegal drug. b. Prohibit and prevent any person from using, transporting or possessing any illegal drug or other illegal substance while in the possession of and/or while on board any of the Boats; c. Pay all fees, membership dues, and charges; d. Fully abide by and cause all of Member family members, guests, and/or invitees to abide by all Rules of the Boat Club, as well as all local, state and federal laws, rules and regulations; e. Utilize, operate and control the Boat and related equipment in a reasonable, safe, and prudent manner; f. Promptly return the Boat and other property of the Boat Club immediately upon the end of the reservation period; g. Pay for all fuel used during the course of Member s use and operation of the Boat as described herein; h. Pay the Boat Club for any loss or damage to the Boat or equipment of the Boat Club occurring while in the control of the Member or Member s family, guests and/or invitees; i. Refrain from intentionally and/or recklessly damaging the Boat, the equipment or other property of the Boat Club; j. Refrain from using the Boat for any commercial purpose; k. Remove the Boat from the water. l. Return to Boat slip immediately in inclement weather and lightening. 8. ACKNOWLEDGMENT OF RISKS. Member acknowledges that some but not all of the risks of participating in boating and/or water sports include: a. Changing water flow, currents, wave action and other Boats wakes; b. Collision with other participants, other watercraft, or other objects; c. Wind shear, inclement weather, lightning and other weather extremes; d. Member s sense of balance, physical coordination, ability to operate equipment, ability to swim; e. Collision, capsizing, sinking, or other hazard that may result in injury and/or drowning; f. Equipment failure or operator error; g. Heat or sun-related injuries including sunburn, sunstroke, or dehydration; h. Fatigue or other physical conditions that may diminish Member s reaction time and increase the risk of accident. 9. any activity under the this Agreement. Member releases the Boat Club and its affiliates including its principals, directors, officers, agents, employees and volunteers, and their insurers from any and all liability of any nature 3

4 10. for any and all injury or damage, including death, to Member or any other person as a result of Member s participation under the terms of this Agreement. 11. NON-COMPETE. Member shall not compete as an owner or operator, either directly or indirectly in any private membership Boat club which operates similarly to the Boat Club for a period of twenty-four (24) months following the termination of this Agreement, within one hundred (100) miles of Lake Eufaula. 12. MEMBER DEFAULT. If Member fails to fully comply with any of the above obligations, Member shall be in default of this Agreement and the Boat Club shall have the right to immediately terminate this Agreement upon written notice to Member. In such an event, Member shall have no further rights of any kind under this Agreement, and all fees and dues under this Agreement may be demanded by the Boat Club as liquidated damages. Member specifically represents that Member is at least twenty-one (21) years of age at the time of signing this Agreement and understands that, if such representation is not truthful, it shall be an act of default by the Member. 13. PENALTIES OF LATE PAYMENT. In addition to the Late Fees described herein, if Member fails to pay any fees or other charges within a timely manner, except charges for damages provided for above, all reservations made by Member may be cancelled immediately, and Member shall have no right to reserve or use any of the Boats or equipment until all fees are paid in full. All membership rights shall be automatically suspended any time Member is in default in the payment of any membership dues, fees or charges. 14. MEMBERSHIP PRIVILEGES. Nothing in this Agreement shall be construed to imply any right of ownership in any of the Boats, equipment, or other assets. All membership rights shall be automatically suspended any time Member is in default of any other obligation under this Agreement. 15. RESERVATIONS. A partial day reservation period (the Reservation Period ) will consist of approximately three (3) or four (4) hours, depending on the date. Reservation Period times shall be set out in the Rules of the Boat Club and shall be subject to change from time to time as the Boat Club may deem appropriate. Member shall not have the right to change the Boats used during a single Reservation Period. All Members will have equal rights to reserve and use any Boat and reservations shall be made on a first come, first serve basis subject to the provisions of this Agreement. The Boat Club shall be responsible for all scheduling of reservations. If Member is more than one (1) hour late for any scheduled Reservation Period and has not called in to advise the Boat Club of the delayed arrival, Member s reservation for that Reservation Period may be cancelled and made available to another Member requesting a reservation. Reservations must be made with at least 48 hours notice. Any reservation request received less than 48 hours from the Reservation Period time will be granted at the sole discretion of the Boat Club Manager. Member shall have the right to schedule up to two (2) Reservation Periods during weekdays (holidays excepted) but only one (1) Reservation Period during any weekend day or holiday. Upon the conclusion of any early Reservation Period, Member may schedule an additional late Reservation Period on the same day using the same Boat only, provided that another Member has not scheduled that Boat for use during that period. The Boat Club reserves the right to cancel any reservation made by Member if the Boat Club determines, in its sole discretion, inclement weather or other conditions render use of the reservation period unsafe or impractical. 16. OPERATING SEASON. The Boat Club has established the season for use of Boats by Members. The season will commence on May 15, 2016 and will conclude on October 1, 2016 (the Season ). 4

5 17. MAINTENANCE DAYS. The Boat Club will use best efforts to maintain the boats in such a manner as to not impact normal business operation, but reserves the right to close one day per week during the season for maintenance and repairs to the Boats. 18. MEMBERSHIP LEVELS. Access and reservations shall be according to their membership level, as follows: a. Admiral. This membership level is exclusively available to owners of real property and managers of vacation rentals in Carlton Landing. Member has access to all Boats and may schedule reservations at any time within the boat club Season and is guaranteed one reservation per day subject to the requisite 48 hour notice. Admiral membership may be assigned to an individual parcel within the boundaries of the Town of Carlton Landing which the member either owns or manages. This membership can then be used by rental guests during their stay at that property. Please note that guests would be subject to each obligation of the member as outlined above. b. Commodore. Member has access to all Boats and may schedule reservations up to one hundred eighty (180) days in advance. Member may have up to twelve (12) reservations in the system at any given time. An unlimited amount of reservations may be made within fifteen (15) days of the reservation date. c. Captain. Member has access to all fleet Boats and may schedule reservations up to sixty (60) days in advance. Member may have up to six (6) reservations in the system at any given time. An unlimited amount of reservations may be made within fifteen (15) days of the reservation date. d. Commander. Member has access to all fleet Boats and may schedule reservations up to thirty (30) days in advance. Member may schedule up to six (6) reservations at a time. An unlimited amount of reservations may be made within fifteen (15) days of the reservation date. 19. PAYMENT OF DUES AND EXPENSES. Members are required to maintain an active credit card on file with the boat club for charges stemming from their membership. All amounts payable by the member pursuant to this agreement, whether by way of deposit, membership dues, installment payments, damage reimbursements, or otherwise shall be charged to this card. We accept MasterCard, Visa, Discover and American Express cards. Please note that Carlton Landing and the boat club website do not receive or retain your credit card information as entered online. 20. PRIVATE CLUB. The Boat Club is a private boating club, whose members have the right to use the club s Boats and other boating equipment. The Boat Club is located at Carlton Landing on Lake Eufaula, Oklahoma. 21. WARRANTIES. The Boat Club has not made, and does not make, any warranties of merchantability or of fitness for a particular purpose, or any other warranties or representations of any kind, except as may be expressly set out in this Agreement. 22. RULES. It is understood that the Boat Club shall from time to time enact certain rules which are deemed necessary for the operation of the Boat Club (the Rules ). The Boat Club reserves the right to amend the Rules as it deems appropriate. This Agreement is subject to the Rules and Member agrees to fully abide by and comply with the Rules. Member acknowledges that Member has received and reviewed a copy of the Rules that are in effect as of the date of this Agreement. 23. APPLICABLE LAW. This Agreement shall be governed by and construed under the laws of the State of Oklahoma and shall be construed and interpreted so as to comply with all applicable local, state and federal laws, rules and regulations. 24. JOINT AND SEVERAL LIABLE. Every Member signing this Agreement shall be jointly and severally liable and responsible for the performance of all duties and obligations of the Agreement. 5

6 25. REMEDIES. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. Within 14 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. 26. INVALIDITY. If any provision of this Agreement is hereafter found to be invalid or unenforceable for any reason, the rest of this Agreement shall remain in force and effect. 27. BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding not only upon the undersigned parties, but also upon their respective heirs, legal representatives, successors and assigns. This Agreement shall also be binding upon and shall inure to the benefit of assigns of the Boat Club. This Agreement and Membership is non-assignable by Member. 28. NON-DISCRIMINATION. The Boat Club shall not discriminate against any person or persons because of race/ethnicity, color, religion, age, sex, national origin, or disability in the conduct of its business and operations. 29. ENTIRE AGREEMENT; MODIFICATIONS. This Agreement contains the entire Agreement of the parties and may not be modified except in writing and signed by both parties. Signed this day of, MEMBER SIGNER #1 By: Name: SSN: Driver s License #: Billing Address: City, State, Zip: Best Phone #: CARLTON LANDING BOAT CLUB LLC By: (Authorized Representative) 6

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8 BOAT CLUB RULES 1. All passengers must remain in their seat while the boat is in motion. 2. Children 12 and under must wear a life jacket while the boat is in motion. 3. When approaching a skier in the water, keep the skier on the driver s side. 4. Turn off the engine completely when a skier is in the water near the boat. 5. Always check that the rope is clear before starting your engine. 6. Use bumpers when approaching a dock, and store them when you depart. 7. Abide by the state and federal rules and regulations. 8. No reckless operation of the boat. 8