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Terms & Conditions
BOAT SHARE. The Club agrees to allow the qualified Member to use the boat on a bareboat charter basis. The boat shall include all legally required equipment for the areas in which the boat is permitted to operate.
PAYMENT FOR BOAT SHARE USE. All charges will be billed directly to the Member's RBYC account upon confirmation of charter.
SAFETY. The operator of the vessel must wear the safety 'kill cord' at all times the engine is running. Failure to do so may result in future ability of the Member to charter the vessel.
MANNING. The Member shall be responsible for manning the boat. The Member hereby warrants that he/she is competent to handle the boat and has sufficient seamanship and piloting abilities to operate the boat and that he/she has knowledge of the Collision at Sea Regulations and the laws of Bermuda as they relate to boating. The Member agrees not to permit the boat to be operated by anyone not party to this agreement. The Member agrees to file a float plan with the RBYC Representative prior to the boat leaving the dock.
A maximum of 6 adults at any time are allowed on board. Water skiing and wake boarding are not allowed at any time under this agreement.
INDEMNIFICATION AND DEFENSE. The Member agrees to indemnify, hold harmless and defend the RBYC and its agents, against all claims, suits, proceedings, liabilities, actions or demands of any kind in law or in equity, that may arise as a result of the use of the boat under this agreement, including any expenses the Manager incurs, and including but not limited to legal fees arising from claims, suits, actions, or demands for which the Member hereby agrees to indemnify the Manager. All claims are subject to Bermuda law and the sole jurisdiction of the Bermuda Courts.
NO WARRANTIES. The Member has inspected the Boat and by signing this agreement confirms that its condition is satisfactory. The Member takes the Boat in its present condition 'AS IS, WHERE IS' with no warranties of merchantability, fitness for intended use or purpose or seaworthiness. Member acknowledges that neither Manager nor any of its representatives has made any warranties or representations concerning the condition of the Boat. Member represents to Manager that in signing this agreement, Member has relied solely on his own inspection and not on any warranties, representations, or understandings outside this agreement.
NAVIGATION LIMITS. The Member agrees to confine the operation of the Boat to within the areas noted on the map affixed to the Boat.
WEATHER. The use of the Boat may be limited if the RBYC official believes weather conditions may deteriorate (such as a Small Craft Warning) or after sunset and the Member agrees to follow the directions of the Manager in this regard.
FUEL. Bosun will be fully fueled up and ready for the member to use before charter. On completion of charter RBYC staff will refuel the vessel and this will then be charged to your account with a service charge.
TERMINATION. The RBYC reserves the right to terminate at the RBYC’s absolute discretion the charter under this agreement at any time if in the opinion of the RBYC official the use of the boat is or could be in breach of any of the terms of this agreement. If the member cancels the booking for reason other than weather related the fee would be charged to their accounts