1. As consideration for permission to dock the boat described above in the slip assigned, Member agrees to pay the Club the rental fee. The non-refundable rental fee shall be assessed to Member’s, annually and shall be billed on Member’s regular statement from the Club in February for annual period from March 1 until February 28. All charges due per this Agreement shall be due and payable as Club charges pursuant to the terms of the Membership Regulations of the Club. Rental rates and slip assignment are subject to change at any time by the Club on written notice to the Member. The right to use the slip is personal to the member, and the member may not assign or sublet any right under this Agreement to any other person or entity. Transfer of boats between slips or from one slip space to another is prohibited, unless approved by the Club. The Club may reassign, for any reason and in its discretion, the slip assigned to the Member, to another slip. If the Club requests, Member shall move his or her boat to a new assigned slip.
2. Either party may terminate this Agreement upon fifteen (15) days written notice to the other party. If this Agreement is terminated, Member shall immediately remove his or her boat from the Marina and forfeit all monies paid.
3. Member agrees to maintain the Insurance Policy, described above in full force and effect at all times during the continuation of this Agreement. Member agrees to give the Club prompt, written notice of any change in the insurance, including amounts or terms of coverage, insurance carrier, insurance agent, or insurance policy number, and to furnish the Club a copy of new policy within 10 days of any such change or expiration date.
4. Member agrees that the vessel shall be properly maintained and kept in a clean, orderly and seaworthy condition. Furthermore, the member must maintain his vessel in a state of readiness for movement in case of fire or evacuation. In the event that the condition of a vessel is such that there is an immediate danger to the public safety, navigation or the environment, the Club may correct said condition by removing the vessel by any means the Club deems appropriate. The Member shall be responsible for all costs associated with said corrections. However, the Club has no obligation to render aid or assistance to the boat under any circumstances.
5. Member agrees to place boat slip sticker, provided by the Club and that are visible at all times. The purpose of such stickers is to permit the Club to determine if boats are moored in their proper slips.
6. Member acknowledges that the use of the slip is at the sole and exclusive risk of the Member and that the Club will have no responsibility or liability whatsoever to the Member on account of any loss or damage to the equipment, vessel or its contents. Member agrees to indemnify and save and hold the Club and its directors, officers, employees and agents harmless from any and all liability, loss, cost, damage, expenses of litigation, including reasonable attorney’s fees, on account of or arising out of any claim, however occurring as a result of the use of the slip by Member.
7. Additions or alterations: of a slip or walkway are expressly prohibited unless approved in writing by the Club. All unauthorized additions or alterations will be removed with the Member being assessed for the removal.
8. Marina Rules and Regulations: Member agrees to abide by the general Marina rules and regulations, and such additional rules and regulations as may hereafter be published and or posted by the Club:
a) A copy of current registration,insurance and recent photo must be provided to the Club PRIOR to occupying the slip assigned and every year, thereafter. The Club shall assign a slip and it is the only space you may use. The boat referred to on this agreement is the only one that is to be stored in this space. If you buy another boat, you must sign another agreement.
b) A Sticker, provided by the Club, with the assigned boat slip must be placed on the boat and visible at all times (no boat covers may be placed over the sticker).
c) No parking of trailers in the Marina parking area – trailers will be towed at the expense of the owner.
d) Gasoline, motor boat fuel or flammable liquids may not be transferred from shore onto docks, slips, or boats. Fuel or oil may not be discharged or bilged into the waters of the marina or onto its roadways or parking areas.
e) No dock, slip or walkway area may be used as a storage space for any gear, extension/electrical cords or equipment unless authorized by the Club in writing.
f) The Member is responsible for the conduct of any and all persons using, visiting, or occupying his or her boat while such persons are within the Marina lease area.
g) Swimming, diving or fishing is prohibited from the docks or shoreline.
h) The wake created by all boats operated within the Marina must not cause damage or discomfort to the boats berthed. A boat owner is responsible for any and all damage caused by the wake created by his or her boat.
i) Dog walking is not permitted at the Marina.
j) No major repairs (motor overhauls, hull painting, or structural changes) can be performed on the premises. No hazardous waste shall be introduced into the Marina.
k) During inclement weather, it is recommended that the boat owner check on the overall condition of their boat to assure it is not filling up with water.
l) No permanent fixtures may be affixed to docks.
m) Only one boat may occupy a slip at any given time (no tying off of additional vessels to existing vessels).
9. Upon any default in the payment of rent or other default by Member under the terms of this Agreement, Member agrees that the Club may (but is not required to) cause the boat to be removed (together with all personal property located on or about the boat) to a storage facility of the Club’s choice, and Member will pay or reimburse all costs incurred or charged by the Club and any third party by reason of such removal, and subsequent storage of the boat. The Member waives any rights or claims against all and such persons and entities by reason of such removal and indemnifies Club for any loss, cost, liability or expense insured as a result of such removal. In addition, upon nonpayment of rent for a period of 6 months, the Club may proceed according to the provision of Section 328.17, Florida Statutes.
MEMBER HERBY AUTHORIZES THE BAY HILL CLUB AND LODGE TO SELL THE VESSEL DESCRIBED ABOVE IN THE EVENT OF NONPAYMENT OF RENT OR A PERIOD OF 6 MONTHS ACCORDING TO THE PROVISIONS OF SECTION 328.17, FLORIDA STATUES.
Any and all of the Club’s rights and remedies, provided for in this Agreement, or provided for in law or equity, shall be cumulative and not limited, and the exercise of a right or remedy by the Club, or the failure, delay or forbearance to exercise such a right or remedy, will not constitute a waiver by, or estoppel against, the Club exercising any other right or remedy on a cumulative basis.
10. Member agrees to reimburse the Club for any and all costs and expense, including reasonable attorney’s fees, incurred by the Club in connection with enforcing any of the rights of the Club pursuant to this Agreement. In addition to other obligations, the member agrees to pay the Club the cost of any work necessary to repair or replace damage to the slip, the marina, or club facilities caused by the vessel, member, or member’s guest, or invitees, including clean up and loss of use and profits.
11. This Agreement contains the entire and complete agreement an understanding of the parties, and there are no other agreements, understandings, representations, warranties, or conditions, whether oral or written, except as stated herein. This Agreement is the final agreement of the parties and supersedes all prior agreements, understanding, representations, warranties, and condition between the parties relating to its subject matter. Time is of the essence.
12. This Agreement is governed by Florida Law. Member waives any venue privileges and agrees that any action by the Club to enforce this Agreement may be brought in Orange County, Florida. If any portion of this agreement is determined to be invalid or unenforceable as a matter of law, such invalidity or unenforceability will be limited to such portion and will not affect any other portion or provision, which will be given the fullest effect permitted by law.