Mission Beach Sailing Club Inc. (MBSC)

BOAT STORAGE AGREEMENT

TERMS

1.    For the purposes of this agreement, “the boat” includes its associated equipment (trailers, trolleys, spars, sails etc)

2.    The Club has limited boat storage facilities. There is usually a waiting list for boat storage and members should ensure they have private boat storage arrangements for their boats.

3.    This contract is valid until the boat is removed from the MBSC permanently.

4.    The member is entitled to boat storage at MBSC in the location advised by the committee from 1st March in the year the application is accepted to 28th February in the following year.

5.    You are not allowed to store you boat on Club grounds without committee approval. These boats will be placed outside the Club yard if this happens.

6.    I (the member) agree:

a.       to ensure the boat has its name visible when stored in its allocated position.

b.       to ensure the boat is in seaworthy condition, ready to sail.

c.       to store the boat only in its allocated position.

d.       to ensure that your boat and/or tarp does not pool with water.

e.       to ensure that the allocated boat park is maintained to a satisfactory level of tidiness, by trimming vegetation, raking leaves etc (tools available in the Club shed).

f.        my boat is stored at my own absolute risk and MBSC will accept no responsibility or liability for any loss or damage to the boat whilst it is so stored. I hereby indemnify the Club against any claim whatsoever arising out of any loss of or damage to my boat and/or associated equipment relating to the boat stored at the club.

g.       to pay the boat storage fees from time fixed by the MBSC committee for storage of my boat.

h.       that failure to participate in at least 6 club days as per the MBSC Calendar (bad weather cancellation days not counted) over a calendar year will result in me being considered as a new member of MBSC for determination of whether MBSC will grant me boat storage rights in the subsequent year, and my boat will rank lower in priority for storage space than a boat sailed by a continuing member in at least 6 such club days.

i.         to remove the boat from MBSC within 7 days of a written, email or telephone request from the MBSC Committee for such reasons as this committee may determine including:

o   cyclone preparation;

o   lapse of my financial membership of MBSC;

o   the boat being stored incorrectly;

o   expiration of my boat storage entitlement without creation of a new entitlement for a subsequent year;

o   sale of the boat (I understand my boat storage rights DO NOT transfer to the new owner. Such a new owner will need to take their place on the waiting list if necessary);

o   my resignation from the Club;

o   MBSC bona fide management or maintenance requirements (no compensation will be paid);

o   the boat participating in less than two out of any six consecutive club racing days as per the MBSC Calendar (bad weather cancellation days not counted).

j.         Upon failure to remove the boat at the request of the MBSC committee as stated within the stipulated time I will pay an additional penalty fee of $50.00 per month upon demand.

k.       If I fail to remove the boat when requested by the MBSC committee, the committee may in its absolute discretion, undertake any or a combination of any of the following actions:

o  temporarily allow the boat to remain in storage whilst penalty fees accrue;

o  sell the boat in any manner deemed appropriate (for which purpose I appoint the MBSC as my agent) and apply the proceeds of such sale to the settlement of any overdue charges or levies due to the MBSC, with any surplus being returned to me; or

o  remove the boat from the MBSC and dispose of the boat by dumping (no compensation, damages or restitution will be payable to me).

7.       In the circumstance that boat(s) are stored on MBSC property prior to agreeing to storage terms and receiving committee approval, the committee may remove the boat(s) or undertake steps outlined above in 5(i) and 5(k).