This bareboat charter Agreement is made by and between AVENTURA SAILING ASSOCIATION, Incorporated, herein referred to as Aventura, and the undersigned, herein referred to as MEMBER, for the purpose of the chartering vessels from Aventura.
1. Member agrees to abide by all local, state, and federal regulations governing operation and care of the vessels. Member further agrees to abide by all Aventura rules, regulations, and policies governing operation and care of vessels chartered from Aventura.
2. This is a charter of the bare vessels, and any Master or Crew shall be obtained at the expense of the Member and shall be the servant of the member. Any Master or Crew hired by the Member for a charter must be approved by Aventura prior to said charter. No vessel chartered under this Agreement may be used for paid sailing instruction of any kind other than by Aventura, nor for any other commercial purpose whatsoever.
3. Member agrees to restrict the cruising of the vessel to the waters no further north than Point Conception, California; nor south of San Diego, CA, unless Aventura gives prior written permission to the Member which extends these limits.
4. Aventura agrees to exercise due diligence to provide a total number of approved life preservers on each vessel that equals or exceeds the amount required by regulations governing such items.
5. Member agrees to insure that the total number of persons on board the vessel at no time exceeds the total number of appropriate (adult or child) and approved life preservers (excluding flotation cushions) that, based upon a count by the Member prior to acceptance of the vessel, are aboard said vessel. Children under the age of ten and all adult nonswimmers shall be required by the Member to wear life preservers at all times while aboard the vessel or on the docks.
6. Upon delivery, vessels shall be in seaworthy condition as far as the exercise of due diligence by Aventura can make it so. Upon delivery, the Member shall inspect the vessel and report to Aventura, in writing any defects. Failure to make a written report and acceptance of the vessel by the Member after Member has inspected said vessel, shall constitute acknowledgment that Aventura has exercised due diligence. Member shall be responsible for the cost of repair of any defects in the vessel, not previously reported by member to Aventura, upon its return. A cleaning charge for the actual cost of cleaning may be assessed if said vessel is not returned to Aventura in nearly the same condition of cleanliness as it was in when delivered to the Member.
7. In the event that the chartered vessel is not available due to causes of any kind beyond the control of Aventura, or due to required but unforeseen maintenance that renders the vessel unseaworthy, Aventura reserved the right to cancel the charter and refund, in full, any monies paid for said charter. Such refund shall be the only liability of Aventura.
8. Member agrees to pay 50% of the normal charge for any scheduled charter that is canceled by said Member, with less than applicable cancellation notice times permitted, except that no charge shall be made for charter periods canceled due to fog, rain, or high winds (as specified in the Member Information Manual) and no charge to the canceling Member will be made if Aventura is able to recharter the vessel.
9. Aventura reserves the right to cancel a charter period due to adverse weather conditions or any other factors which, in the sole opinion of Aventura, might adversely affect the safety of the Member and/or vessel. Said right of Aventura shall not alter the Member’s responsibly an/or liability, if any, for the ultimate safety of the him/herself, passengers, guests, servants, or vessel.
10. Aventura vessels shall be insured against fire, marine, and collision risks with protection and indemnity clauses. A deductible amount is applicable to each vessel. The Member shall be responsible for said deductible should a claim for insurance become necessary. Information about each vessel’s deductible amount may be obtained from Aventura.
11. Member is liable for costs, if any, not collectible under the insurance policy or policies that result from loss or damage caused or contributed to in any way by the Member or any of his /her family members, passengers, guests, or servants.
12. It is agreed and understood that the Member and his/her guests, passengers, and/or servants do hereby waive, release, and discharge Aventura, insurance carrier and vessel owner from any and all medical payment coverage. Member agrees to secure the above waiver, release and discharge from any and all guests and passengers.
13. Member agrees to, and does hereby indemnify and hold harmless and defend Aventura, vessel owner, Dana Point Marina, and the County of Orange, from any and all liability arising from the perils and risks which are not covered by insurance. It is further understood and agreed that if any act or negligence of the Member shall invalidate any of the insurance provided that the Member shall be liable for all losses and indemnify Aventura and/or vessel owner against claims which would otherwise have been covered by such insurance.
14. If by reason of any default on the part of the Member with regard to any of the rules, regulations, or policies established by Aventura, it becomes necessary to terminate a Member, Aventura reserves the right to revoke and cancel the rights and privileges of membership upon written notice to the Member. The decision to revoke and cancel the rights and privileges
of the Member shall be in the sole discretion of Aventura management and said decision shall be final upon written notice to the Member.
15. If by reason of any default on the part of either party it becomes necessary to file any action to enforce the terms and conditions of this Membership Agreement, the party prevailing in such actions shall be entitled to reasonable costs and attorney’s fees resulting therefrom.
16. In no event if notified, shall Aventura, its officers, agents, employees, and servants, be liable to or through Member for indirect, incidental, special, or consequential damages, including without limitation, loss of profits or revenue, and Aventura, its officers, agents, employees, and servants shall be held harmless from any and all claims for such damages.
17. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions, hereof shall remain in full force and effect and in no way be affected, impaired, or invalidated thereby. This Agreement shall be governed by the laws of the State of California.
18. Members and their guests, passengers, and/or servants further agree to abide by all terms, conditions, and provisions of the Master Lease Agreement issued by the Orange County Harbors, Beaches and Parks District, and the provisions set forth in the Sublease Agreement between Dana West Marina and Aventura Sailing Association, Inc., copies of which are available for inspection in the Association office.
19. NOTICES: Any notice which any party must or may serve under this Agreement may be served in person or addressed to the other party at its last known address, or by sending such notice by email to the member address.
20. Because of strict Federal and State anti-drug laws, a number of vessels have been seized and forfeited, and criminal actions have been brought by governing agencies, based on the discovery of illegal drugs on such vessels. Accordingly, in addition to any or all duties and obligation deemed to the Member under the Membership Agreement, including indemnification under paragraph 13, the Member hereby agrees that he/she will take the necessary measures to prevent any illegal drugs from being taken aboard any vessel chartered from Aventura, and hereby agrees to indemnify and hold Aventura, Dana West Marina, the County of Orange, and owners of each chartered vessel harmless from any claims, liabilities, damages and expenses, including legal fees and costs resulting from the seizure or forfeiture of the vessel, or any attempt to obtain its release, because of illegal drugs found on the vessel. If illegal drugs are found on chartered vessels, the Member may, at the discretion, of Aventura management, forfeit all Members’ privileges and fees paid.
21. This agreement may only be modified by a further written agreement between the parties.
22. Execution of this Agreement by member is an acknowledgment that the Member has received and read a copy of the Aventura Membership Information Manual and Member further agrees to abide by all its terms and conditions thereof.
1. Terms, Payment & Renewal
Aventura Sailing memberships are billed on the 1st of every month. If a Member signs up between billing cycles the first month will be automatically prorated. The Member must provide a means for automatic account withdrawal (debit or credit card) during the initial 3 month period. The payment method may be changed so long as said payment method is electronic and allows for automatic withdrawal on a monthly cycle. Any failure to make agreed upon payments during this 90 day period may result in legal action. Membership will be automatically renewed (using saved payment method) on the fourth month and every month following unless a written request is sent requesting membership cancellation. The auto-renewed membership will be billed at the same billable rate as agreed upon during the initial 90 day membership unless notified otherwise. Any change in membership price will be communicated with enough advanced notice (minimum of one billing cycle) for Member to proactively seek membership cancellation.
This membership has a minimum 90 day commitment and cannot be cancelled prior to the completion of the third month billing cycle and will be billed month to month or in full as agreed by the Member. If membership needs to be cancelled a request should be placed in writing and sent to firstname.lastname@example.org prior to the conclusion of the third billing cycle or the billing system will automatically generate an invoice. Once a Member enters the month-to-month billing cycle, membership can be cancelled at any time. The Member will continue to have access to the Clubhouse and amenities until the end of the billing cycle.
3. Dues Adjustments
Aventura may increase its dues for any membership effective the first day of a renewal term by giving you notice of the new dues at least thirty (30) days before the beginning of the renewal term. If you do not cancel your membership pursuant to Section 2, you shall be deemed to have accepted the new dues for that renewal term and any subsequent renewal terms, unless the dues are increased in the same manner for a subsequent renewal term.
4. Finance Charges
In the event any payment due is more than ten (10) days delinquent, Aventura Sailing Association may impose and collect a delinquency charge of one and one half (1½ %) percent per month. (18% per annum) of the amount of the delinquency or five (5) dollars whichever is greater. Release and Waiver of Liability and Indemnity Agreement The undersigned hereby releases, indemnifies and holds harmless, Aventura Sailing Association and its officers, agents, and employees from all liability to the undersigned, (and to any minor participants for whom the undersigned has the capacity to contract) for any loss or damage on account of physical, mental, and emotional injury to the undersigned (and said minors) resulting from participation in the sailing programs of Aventura.
The undersigned hereby recognizes for himself or herself, (and any minors) that the events and occurrences to which this release applies can be dangerous, and assumes full responsibility for the risk of physical, mental, and emotional injury, including that due to the negligence of Aventura Sailing Association, its officers, agents and employees.
As the result of signing below, the undersigned hereby represents that he or she understands and is familiar with the nature of the activities in which the undersigned (and/ or any minor) will participate and is accepting those risks for him or herself, and for any minor participants for whom the undersigned can contract.
I have read and understand the above Membership Agreement, Release and Waiver of Liability which are hereby acknowledged.
Terms and Conditions of Course Enrollment and Registration Policies
Enrollment is for a specifically scheduled class session with meetings agreed upon during application. Refund/cancellation requests must be received no later than 48 hours prior to the first day of the class or be subject to a 50% penalty charge. Times, dates, and locations are subject to change without notice.
Most students are able to learn to operate a vessel during the normal class schedule of four lectures and four lab practice sessions. Students sign up for lab times based on schedule and convenience. If a student is unable to attend the scheduled sessions during a class, make-up labs will be available. If makeup labs are scheduled in advance there will be no charge provided they are made up in the next available class offering or as arranged.
There will be no charge for additional lectures or the Lecture/Lab I.
For students needing additional labs whether for reasons of failure to show up for a scheduled lab or needing more practice to be able to operate a vessel, extra lab sessions will be available. These refresher/make-up labs will be at a special alumni price per session and are highly recommended. Changes to scheduled labs may be made in person during class or by phone to the Aventura office. Final completion of course requirements may be extended 30 days (or until completion of the following class session) to allow for agreed upon makeup work to be completed. Students failing to successfully complete the course within the 30 day grace period, including a passing score on the written examination, will be dropped.
Dropped students will be required to pay the scheduled rate for all subsequent makeup instruction, as will students failing to attend class for reasons of personal convenience or neglect. Members successfully completing all coursework according to the above will receive certification for chartering boats or other recognition appropriate to the course.
Members failing to maintain skills by chartering or actively participating in sailing programs within a reasonable length of time may be required to recertify for the safety of their vessel and crew. This will be at least a 9 month period.
Nonmembers who successfully complete the course and desire to join the Aventura Sailing Association may do so without payment of the certification fee if they act within 30 days of the completion of their coursework. Otherwise it will be necessary to go through certification as with any new member. Nonmembers failing to complete the course in the time allotted will not receive any certification and will need to re-apply for certification if desired and pay any necessary fees.
I have read and understand all the agreements, terms and conditions which are hereby acknowledged.