Terms and Conditions
By electronic acceptance, signature, or use of the Company’s facilities, the Owner acknowledges that they have read, understood, and agree to be bound by the following Temporary / Transient Moorage Terms and Conditions.
1. Nature of Agreement
It is expressly understood and agreed that this Agreement constitutes a revocable licence of space only granted by the Company to the Owner for the sole purpose of temporarily mooring the Vessel at the Company’s facilities. This Agreement does not constitute a lease, tenancy, bailment, storage contract, or any interest in real property.
Under no circumstances shall the Vessel, or any other property of the Owner, or of the Owner’s servants, employees, agents, invitees, or licensees, be deemed to be under the care, custody, or control of the Company.
2. Use at Owner’s Risk
All persons using the Company’s facilities do so entirely at their own risk. The Company, its directors, officers, servants, agents, and employees shall have no liability whatsoever for any loss, damage, cost, expense, delay, or injury of any nature howsoever caused, whether to persons or property, including but not limited to loss or damage caused by fire, theft, weather, tides, storms, collision, sinking, vandalism, negligence of third parties, or any other cause.
This exclusion of liability applies whether or not the Vessel or property is handled, moved, or assisted by the Company’s employees or agents.
3. Owner Responsibility
The Owner is solely responsible for the Vessel, including but not limited to its condition, seaworthiness, safe mooring, lines, fenders, supervision, and compliance with all marina rules, posted notices, and applicable laws and regulations.
3A. Insurance Requirement
The Owner warrants and represents that the Vessel is covered by a valid and enforceable marine insurance policy, including Protection and Indemnity (P&I) or equivalent liability coverage, with limits of not less than Three Million Dollars ($3,000,000 CAD) per occurrence.
Such insurance shall remain in full force and effect for the entire duration of the Vessel’s presence at the Company’s facilities. Proof of insurance shall be provided to the Company upon request. Failure to maintain or provide evidence of such insurance constitutes a material breach of this Agreement and may result in immediate termination of moorage and removal of the Vessel at the Owner’s sole risk and expense.
4. Indemnity
The Owner agrees to indemnify and save harmless the Company, its directors, officers, servants, agents, and employees from and against any and all claims, demands, actions, losses, damages, costs, expenses, or injuries (including legal fees on a solicitor-and-client basis) arising out of or related to:
• any breach of this Agreement by the Owner; or
• any act, omission, or negligence of the Owner or the Owner’s servants, employees, agents, invitees, or licensees; or
• the presence, use, movement, or operation of the Vessel at the Company’s facilities.
5. Term and Vacating Premises
Temporary / Transient moorage is granted only for the approved period. The Owner agrees to vacate the assigned berth or premises on or before the stated expiry date and time unless an extension is approved by the Company in writing or electronically.
Failure to vacate as required may result in relocation or removal of the Vessel at the Owner’s sole risk and expense.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable laws of Canada.
7. Electronic Acceptance
The Owner agrees that acceptance of these Terms and Conditions by electronic means, including but not limited to selecting an “I Agree” checkbox, typing a name, providing a digital signature, or completing an online or point-of-sale transaction, constitutes a legally binding agreement equivalent to a handwritten signature.
