Rules and Regulations
The Clients and all their passengers, crew, employees, agents and invitees agrees to comply with the following Rules and Regulation as posted and modified from time to time by the Marina, and occasional particular instructions which may be given by the Marina management, acting reasonably.
SUMMER DOCKING: The Marina agrees to lease docking space for the above boat during the normal summer season defined as from May 1 st to September 30th. If the Marina is unable to provide space for the season as contracted, its liability shall be limited to a prorated refund of fees paid.
BOAT REMOVAL: The Boat must be removed no later than 24 hours of the early termination of the contract or on September 30th. Shall the Boat not be removed at the Marina’s request; the Client agrees that the daily rental payable until the Boat is removed will be the standard daily transient docking rate.
NOISE: Client and guests shall not make or allow any disturbing noises, such as generators, engines, radios and other equipment, on the docks or anywhere on the premises during the quiet hours of 23:00 to 8:00 hours so as not to cause any nuisance or disturbance of others. Music shall not be played so loud as to be heard beyond the immediate confines of the Boat.
CONDUCT: Client and guests are expected to behave in a suitable manner at all time. The Marina will not tolerate any improper or aggressive behavior towards other Marina guests or Marina employee.
SWIMMING IN THE MARINA BASSIN: For safety and security reasons, it is absolutely forbidden to swim in the Marina basin.
VALIDITY OF THE LEASE: This lease is not valid for any other boat unless agreed in writing by the Marina. This lease may not be transferred or sublet by the Client or applied to a boat other than the boat listed above without the consent of the Marina. Client may not assign this agreement and may not allow any other Boat to occupy the slip
BOAT DIMENSIONS: To maintain safe circulation on the docks and in the Marina, boats shall not protrude over the main walkway or exceed the designated slip size. Client agrees that the overall length and width (beam) of the boat is the actual measure calculated from the forward front tip of the boat to the back tip of the stern or any rigging permanently attached to the stern, such as but not limited to, swim platforms or davits. The Marina reserves the right to measure any boat from time to time.
SLIP SIZE: The Marina personnel are the only people qualified to determine the slip size needed for specific boats. The slip size takes into consideration the length of the finger, the width between fingers, the infringement into the fairway and position of the dock.
BOAT AWAY FROM DOCK: The Marina reserves the right to use or rent docks when Client’s boat is not present. Client is required to notify the Marina in advance when Client expects to have boat out of the dock for more than two nights. If Client repeatedly fails to notify the Marina of slip availability, the Marina may charge the Client for the lost overnight dockage revenue.
RELOCATION: The Marina reserves the right, at its sole discretion, to relocate the Client’s Boat to another slip, provided said slip is comparable in terms of services and dimensions;
SERVICES: The Marina shall provide accessibility to drinking water and a single 30 amps, 110 volts electrical receptacle for dockside boats; but assumes no responsibility for any damages resulting from temporary lack of these services.
LODGINGS: It shall be unacceptable for any person to reside on any vessel berthed in the Marina. This prohibition against residing on vessels shall not prevent the use of vessels in the Marina for eating and sleeping purposes for a period not to exceed seventy-two (72) hours in any seven-day period, provided however, that the owner or operator of the vessel so notify the Harbour Master. Such use shall be subject to limitations and additional charges. Similar conditions apply to boats that are on land in the Marina property.
PARKING FACILITIES: The Marina’s primary parking facility may be used only by the Client. The Clients shall obtain and display a numbered parking permit for control process. Guests have to park their vehicles in the overflow parking. Clients leaving for more than 6 days must advise the Marina and will be asked to move their vehicles into another area.
SAFETY CONSIDERATIONS: Client shall provide adequate and properly placed lines and fenders. Client accepts full responsibility for the condition of his lines and fenders and for any damage that may result from their failure. Client is responsible for damage to docks or other boats caused by improper docking, fendering or securing of boat or dinghy within the confines of the slip. If necessary for protection of the boat, other property or docks, the Marina may provide additional lines or fenders at the Client’s sole expenses. The Client hereby grants permission to the Marina to move the boat by its own power or by towing to another location as deemed necessary by the Marina for safety of the Boat or others or for other operational reasons that may arise. If the Marina must move the boat or is requested to service the boat; and keys/combination are not available, the Client agrees to reimburse the Marina for expenses incurred, including installation of replacement locks and agrees to hold the Marina harmless for damages arising from entry and moving. The Client will make available to the Marina all keys, combinations, etc., necessary to operate the Boat in an emergency situation and hereby authorizes the Marina to make all such emergency repairs as may, in the absolute discretion of the Marina, be considered necessary upon the occurrence of any mechanical failure or other malfunction in the gear, equipment, rigging, engine or hull of the Boat which in the opinion of the Marina, constitutes an emergency or other threat to the safety of the Boat or other Boats in the Marina Areas. All such repairs shall be made as economically as possible and the cost thereof shall be a debt due from the Client to the Marina payable forthwith. It is agreed that the Marina shall have no duty to affect such emergency repairs, and shall have no liability for any failure to make any such repairs.
PERSONAL PROPERTIES: All personal property of the Client and the Client’s Guests will be removed from the Marina Areas upon the termination of this Agreement. Clients agree to not store or leave any items on the docks, fingers or landings, including bicycles and dinghies. Dock steps are permitted provided they do not exceed one half the width of the dock finger. Gear of any nature, and any flammable product stored on docks will be removed at Client’s expense. Dock storage boxes and dock plants containers are not permitted.
REFUELING, HEATING & AIR CONDITIONING: Boats may not be fuelled from portable containers at the Marina. Exposed flame, heating elements, flammable liquids, explosive gases or other hazardous materials or equipment, with the exception of galley stoves, lamps, engines, and permanently installed heaters, shall not be used on boats while docked or stored at the Marina. Heating, air conditioning and water heaters shall not operate in unattended boats.
BARBECUE: The use of any barbecue, using charcoal, propane or any other flammable fuel is strictly prohibited on any boat in the Marina, at a dock or on land storage.
COMMERCIAL ACTIVITIES: Client is not permitted to make his boat available for business use, including chartering, without proper legal license and prior written separate lease agreement with the Marina. Should the Marina grant such business use, Client agrees to pay a commercial surcharge on summer dockage. Client agrees to comply with the Marina’s posted rules and is responsible for the instruction and compliance of Client’s guests. Client and the Client’s guests will not carry on any advertising or soliciting of any nature or any business relating to boats, boating brokerage and associated activities, in or from the Marina Areas or otherwise use the address of the Marina for any business purposes.
Pets: A) Pets on Marina property are to be kept under proper restraint at all times in accordance with City Bylaw.
B) Pets are allowed on personal watercraft but must be under restraint while being transferred to and from the vessel. Pets are not allowed to wander the docks.
C) Owners must remove noisy or disruptive pets from Marina property.
D) Owners must clean up after their pets. “Poop and Scoop” Bylaw is applicable to Marina property.
E) Owners are responsible for any damage caused by their pets to Marina or other personal property.
F) Pets are not allowed to swim in the Marina basin.
SIGNS: Clients or yacht brokers may not post “For Sale” signs or any other advertisement upon any Boat or dock within the Marina.
WORKING ON BOAT: Apart from ordinary maintenance, no work involving the Boat may be accomplished while at the dock. Prohibited work includes, but is not limited to spray painting, heavy sanding, and use of paint remover, spray guns, or burning of paint on the topsides or above the decks. Winterization, oil change or any work involving fuel, oil, or other petroleum based fluids are strictly forbidden while the boat is at dock. Such work shall be conducted in the designated area of the service yard. Hazardous materials and wastes must be removed from the premises and disposed of at a licensed waste disposal facility. Under no circumstance will hazardous materials be disposed of on the Marina premises or in the Marina basin.
BOAT INSURANCES: The Client agrees to carry liability insurance in the amount of 2 million dollars. A copy of the Certificate of Insurance must be given to the Marina at the start of the leasing term.
BOAT’S COMPLIANCE: Client certifies that any marine toilet systems and gray water systems aboard the boat are in compliance with the Ontario laws for use on its waterways and gives the Marina the right to verify compliance. Client represents and warrants that the Client’s Boat is a pleasure craft, registered, identified, equipped and operated in accordance with all applicable environmental protection laws and all Canadian maritime and shipping laws. Overboard a discharge of heads, holding tanks, or contaminated bilges is forbidden by law.
BOAT’S CONDITION: The Client shall keep the Boat in seaworthy condition at all times during the term of the Agreement. The determination of seaworthiness is within the sole discretion of the Marina.
CAUSE FOR TERMINATION: The docking configuration of the Marina results in all of the boaters being in rather close proximity with one another and as such it is important that there is respect shown to your neighbours and to all customers of the Marina. Disturbing behavior which causes people to feel concerned, alarmed, threatened or frustrated or which diminishes their enjoyment of the Marina, will not be permitted on Marina property. As a specific example of such unacceptable behavior, without limitation, is smoking or vaping any tobacco, cannabis or other substance that disturbs other boaters. There will be a one warning tolerance after which the Marina manager will have the absolute authority to immediately terminate the lease and have the boat removed from the Marina property
SINKING: In the event that the Client’s Boat sinks at the dock or elsewhere in the Marina Areas, the Client shall remove the same forthwith, failing which the Marina may do so at the Client’s expense. If such sinking occurs, the Marina shall have the right to terminate the contract and repossess the berth without any re-imbursement of the dockage fees.
TERMINATION OF THE AGREEMENT: This agreement may be terminated by either party at the end of the term set out herein; or by the Marina upon the breach by the Client of any of the terms, conditions rules and regulations, the Marina reserves the right to terminate this lease for cause, without warning, and may require the Client to remove the boat immediately. Any failure by the Marina to exercise a right shall not be deemed a waiver of said right. If Client cancels this lease or if the Marina terminates it for cause, the entire amount paid shall be retained by the Marina as liquidated damages.
NON-RESPONSIBILTY: The Client shall indemnify and hold harmless the Marina and its agents, employees, officers, and directors from and against all claims, damages, losses and expense, including attorney’s fees, arising out of the lease of Marina facilities or out of Client’s operations provided it is caused in whole or in part by any negligent act of omission on the part of the Client or anyone the Client is responsible for, regardless of whether or not it is caused in part by the Marina. The Marina is not responsible to the Client for any loss caused in whole or in part by changing water levels, flood, ice, fire, wind, vandalism, acts of God or any other occurrences, whether the loss occurs to the Boat or the Client’s personal property. The Client is responsible for carrying his own insurance to cover against any loss or damage while on the premises (on land or in water) of the Marina.
RECOURSE: The Marina shall have a lien against the Boat, Motor and Equipment for unpaid sums due for use of the Marina facilities, for repairs and supply and/or leasing of parts and accessories or for damage caused or contributed to by the Client to any docks or property of the Marina or any other person on the Marina premises. In addition to the liens provided for the Marina shall have liens under The Repairs and Storage Liens Acts. 1989 (Ontario) or such other replacement or successor statutes.
SECURITY CAMERAS: They are accepted on your boats however you must make sure that the angle of the camera is directed on your boat deck and cannot be directed in such a way that you have a full view of your neighbours’ boat. Everyone is entitled to their privacy.
ABANDONED BOAT ON MARINA PROPERTY: Any boats left on Marina property for over 24 months without paying the fees (storage and others) will forfeit their boat to the Marina which will become the absolute owner of the boat with full authority to dispose of it and retain the proceeds of any such sale.