Membership Agreement 3.24


Salt Therapy Inc.  dba Carefree Boat Club of Central Florida GENERAL TERMS AND CONDITIONS

Version 3.2.2024

These General Terms and Conditions are applicable in connection with each Member’s membership Agreement with employees, agents, owner, officers, contractors, affiliates hereinafter Salt Therapy Inc.  dba Carefree Boat Club of Central Florida for the Member’s use of Watercraft (as defined in the membership Agreement).

  1. In addition to completing a certified Florida Safe Boating course, all Members shall be required to complete a watercraft orientation course or on the water training with Salt Therapy Inc.  dba Carefree Boat Club of Central Florida. Upon completion, Member shall sign a boater safety and training course acknowledgement form. If Member holds any boater course certificates and/or licenses, Member shall be required to provide a copy of each to Salt Therapy Inc.  dba Carefree Boat Club of Central Florida.
  2. Member is required to obtain a boaters safety education identification card. Members who signed up before this requirement will be given a grace period but must complete this requirement for continued membership.
  3. DESIGNATION OF CLUB locations: The CLUB will be the sole designator of Club locations and the specific locations of CLUB’s watercraft(s). CLUB retains the right to move/add/subtract watercraft(s) and/or CLUB locations. If the CLUB is denied access to docking or storage or other privileges become unavailable for any reason at any specific watercraft location, The CLUB’s only obligation is to provide an alternate facility as close as practical under the circumstances.
  4.   TYPE OF WATERCRAFT: The CLUB intends to provide a variety of powerboat and sailboat types. Boat Club vessels range from 17 feet to 24 feet in length. CLUB makes no representation of specific types of watercraft so long as each watercraft is seaworthy.  Access to size and type of boat will depend on membership level.  Not all members will have access to all watercraft.
  5. AVAILABILITY: Member's selection of dates and watercraft will at all times be subject to availability and must be reserved by Member in accordance with CLUB Rules and Regulations. CLUB reserves the right to substitute, alter, or cancel boats that are reserved or scheduled by Member. All CLUB Members will have equal rights to reserve and use watercraft. Scheduling will be handled by CLUB on a first come, first serve basis.
  6. Member shall be entitled to use Watercraft on an as-available basis. Reservations may be made in advance by using Carefree Network reservation system hereby referred to as ResNet or by calling 855-949-6961 and press the extension you wish to reach for “spur of the moment” reservations.
  7. MEMBERSHIP BOAT USAGE PRIVILEGES: Members shall be permitted to have five (4 half day) reservations outstanding at any time, inclusive of waitlist requests. Each reservation shall be for a morning or afternoon time slot.  Member may make a full day reservation, that counts as 2. The available time slots may vary based on Watercraft availability, geographic location and time of year. A reservation shall only be deemed to be completed after expiration of such reservation’s time slot. For sake of clarity, if a Member has four (4) reservations outstanding, Member shall only be permitted to make another reservation after expiration of one (1) of Member’s reservations.  However, CLUB Members may not have more than four reservations with boats booked at any given time, and only two may be on a weekend. Other membership levels may have weekend or seasonal reservation limitations. For reservation purposes, reservations may be scheduled up to six (6) months in advance.   Failure to use Membership privileges shall not relieve Members of any liability for payments of any and all money due.
  8. RESNET: Member agrees to maintain current subscription to RESNET online reservation system with Carefree Boat Club network LLC. Reservations within the Carefree Boat Club network primarily will be made using the RESNET online reservation system. If RESNET systems are not available or member is unable to access system, members may call in to local reservationists. CLUB reserves the right to substitute, alter, or cancel boats that are reserved or scheduled by Member.
  9. “SPUR OF THE MOMENT” PRIVILEGES: Member shall have unlimited use of CLUB watercraft on an as-available, same-day usage basis, except on days when the Club is closed. The Member may call the CLUB Dock Master the day of desired use to check on availability
  10. Member shall timely respond to reservation reminders including, but not limited to, confirming estimated time of arrival for departure from the dock, signing out of Watercraft, confirmation of return to the dock and closing out a reservation, in each case, by utilizing Carefree Network proprietary reservation management systems. Member must remain opted into communication from Salt Therapy Inc.  dba Carefree Boat Club of Central Florida’s via SMS and Email messages to ensure proper delivery of important messages regarding their account and any reservations that they may have.
  11. WEATHER: Member is responsible to plan for inclement weather and monitor forecast throughout the boating time period. Member is further responsible to make decisions to seek shelter, come back early or delay boat trip if weather forecast poses any danger to member, guest and/or vessel. CLUB reserves the right to recall, limit or shut down boating if weather poses any possible dangers.  CANCELLATION: In an effort to maintain the safety of the members and the vessels, CLUB reserves the right to restrict/cancel boating at any time due to weather and/or other conditions/reasons. If weather is inclement, or if small craft advisories have been posted, we encourage you call before arrival to inquire about the status of boating.
  12. Member shall be permitted to cancel the reservation prior to a reservation’s time slot start time. If Member cancels anytime after the reservation’s time slot start time.  Member may be charged a no call/no show fee of $100 for not showing up to a reservation. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida will allow a 60 minute grace period over the ETA time before automatically charging and releasing the vessel to the waitlist. In order to utilize or make a reservation, Member’s account with Salt Therapy Inc.  dba Carefree Boat Club of Central Florida must be current, and Member must be in compliance with its membership agreement (e.g. not in default).
  13. Late Boat Return (Returning after reservation slot end time)– Members will receive a five minute grace period for returning past their reservation window. Members who are between 5-25 minutes late will be automatically charged a $35 fee. After 25 minutes, members will automatically be charged a $125 fee plus $1/Minute. I.e. If the reservation slot end time for PM is 7:00PM and a member arrives back at the dock at 8:00PM, the member would be charged a total of $35 + $100 + $60 = $195.00 Total Late Fee assessed to their account. Members who are habitually late will result in an executive review of their account and potential termination of their account and contract due in full.
  14. Members are required to inspect and examine the Watercraft prior to launch. Prior to boarding the Watercraft, he/she fully accepts the good order and condition of the Watercraft. Member shall report any damage to Salt Therapy Inc.  dba Carefree Boat Club of Central Florida’s staff prior to utilizing the Watercraft.  CHECK IN/OUT: Before and after boating, Member(s), with assistance of the dock staff, must complete the “Check Out/Check In Form” which involves a visual inspection/inventory of the boat hull, prop, canvass, upholstery, and the on board safety equipment.
  15. LOCATION: Members must return watercraft to the same location where Member was checked out unless otherwise specified by the Dock Master.
  16.   PARTNER NETWORK USAGE: Members may have access to boats at other Carefree Boat locations as a benefit of their subscription to RESNET. Club makes no representation regarding such reciprocal access. Carefree Boat Clubs are independent businesses that may or may not work in conjunction with other club locations in the US. Members are asked to contact Reservationists for reciprocity details and availability. Reciprocal boat usage is a privilege and when permitted, is on a “limited, as available basis”. Regarding visited Club locations, CLUB makes no specific representation of type or condition of boats and will be held harmless of any incidents occurring at visited locations.
  17. If a Member does not pay their account within 5 days of the due date, the Member will be charged a $35 late fee and the Member will be in default under its Membership agreement. Thereafter, Member shall incur late fees of $5 per day until all amounts then due and outstanding are paid in full.
  18. There shall be a charge of $45.00 for any payments declined or checks returned for insufficient funds.
  19. The Member’s membership agreement shall not be assigned or otherwise transferred by Member. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida may assign its rights in the membership Agreement.
  20. Members are responsible for their guests while onboard Watercraft. A Member’s guest is not permitted to operate a Personal Watercraft without completing and acknowledging Salt Therapy Inc.  dba Carefree Boat Club of Central Florida training and receiving prior written approval from Salt Therapy Inc.  dba Carefree Boat Club of Central Florida. Guests are prohibited from driving boats at any time. A Member must always be present (e.g., on the Watercraft) while Watercraft is in use.
  21. Based on availability, Salt Therapy Inc.  dba Carefree Boat Club of Central Florida reserves the right to provide different types, makes, models, and manufactures of Watercraft.
  22. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida shall provide Watercraft with sufficient fuel (LESS THAN A FULL TANK OF GAS) for typical use during a Members reservation time slot. If a Member intends to travel a long distance (e.g., use the Watercraft to troll fish), Member must inform Salt Therapy Inc.  dba Carefree Boat Club of Central Florida in advance that a full tank of gas is required. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida is not responsible if the Member runs out of gas. After Member returns the Watercraft, Member’s form of payment on file with Salt Therapy Inc.  dba Carefree Boat Club of Central Florida will be charged for fuel consumed during operation.
  23. Member agrees to abide by these General Terms and Conditions, as be modified from time to time at Salt Therapy Inc.  dba Carefree Boat Club of Central Florida role discretion. Any changes to these General Terms and Conditions shall become effective upon notification to Member of such modifications (via any communication channel including, but not limited to Salt Therapy Inc.  dba Carefree Boat Club of Central Florida’s mobile application, last known email address or SMS message). Salt Therapy Inc.  dba Carefree Boat Club of Central Florida reserves the right to adjust the monthly membership fee paid by Member during any renewal term.
  24. Member’s rights are for the use of Salt Therapy Inc.  dba Carefree Boat Club of Central Florida Watercraft only and nothing contained in the membership agreement is intended or shall be construed as creating any rights of ownership, legal or equitable in any of the Watercraft or in Salt Therapy Inc.  dba Carefree Boat Club of Central Florida.
  25. If any provision of the membership agreement shall be invalid, the remaining provisions thereof shall be valid, enforceable and binding upon the parties hereto and their heirs, legal representatives, successors and permitted assigns. This agreement contains the entire understanding or writings, which are merged herein, unless expressly described herein.
  26. Watercraft use is for Members and their guests only. No commercial use is authorized. Members shall not charge a fee to anyone in connection with use of the Watercraft.
  27. Members must be twenty-five (25) years old to be a Member (including Household Members).
  28. A Household Member must domicile at the same address as the primary member. Only one (1) Household Member is allowed per membership account. Prior to adding a Household Member or an additional immediate family member to a membership account, Member must provide proof of shared residence to be determined in the sole discretion of Salt Therapy Inc.  dba Carefree Boat Club of Central Florida and continued confirmation of the same can be requested by Salt Therapy Inc.  dba Carefree Boat Club of Central Florida at any time. Onboarding of a Household Member may result in a one-time onboarding fee of $150.
  29. Member is legally responsible for the actions and financial responsibilities of any Household Member, other immediate family member, or Co-Member associated with Member’s account.
  30. Membership Pauses: Member may pause their account one time per term at the sole discretion of Salt Therapy Inc.  dba Carefree Boat Club of Central Florida management for up to two months with a $25 monthly pause fee. For any Paused months they will be added to the end of the current contract term via an addendum Documentation will be required for approved pauses and must be submitted to Salt Therapy Inc.  dba Carefree Boat Club of Central Florida at least ten business days before monthly invoice date. (e.g.: Hardship, Medical, Military)
  31. Member cancellation: Member may cancel contract early by paying applicable fees as stated in the membership agreement. Member may also elect to not renew their contract by providing Salt Therapy Inc.  dba Carefree Boat Club of Central Florida 60 day written notice prior to renewal. Member will incur a $250 cancellation fee if requests is submitted after the 60 day notice period and before renewal takes place. 
  32. Members is entitled to cancel the Agreement if a boat is purchased through Salt Therapy Inc.  dba Carefree Boat Club of Central Florida. Cancellation will only be processed once the sale has been completed.
  33. Member shall ensure that any operators of Watercraft, comply with all applicable governmental laws, ordinances, orders and regulations in force or which may thereafter be in force insofar as they pertain to use and utilization of Watercraft. Member shall ensure that the operators of Watercraft must also comply with all requirements of any insurance companies providing insurance for Salt Therapy Inc.  dba Carefree Boat Club of Central Florida, and the rules and regulations of any marina or other docking facility in which Salt Therapy Inc.  dba Carefree Boat Club of Central Florida Watercraft is located. the future.
  34. Member shall maintain the Watercraft in safe and seaworthy condition while in member’s possession.
  35. Member shall not operate or permit the operation of the Watercraft outside the designated Operational Area. The “Operational Area” shall be defined based on the geographic location and the applicable guidelines in order to safely operate in marked navigable waterways. Specific Watercraft departure locations may have their own guidelines and Member acknowledges acceptance of training relative to each location prior to use. If waves are over two and a half (2.5) feet, Members shall not be permitted to enter associated bodies of water (as conditions are constantly evolving, members must evaluate conditions themselves even if a text message reminder/statement about ocean access being closed has not been issued). Member shall be solely liable for all costs incurred outside of the approved Operational Area, including, but not limited to, for all mechanical repairs, towing costs, transportation costs and all other costs resulting from Member’s usage of the Watercraft.
  36. Towing: All members of Salt Therapy Inc.  dba Carefree Boat Club of Central Florida will be required to hold a  Seatow or TowBoat membership. This membership is required at a separate annual cost. Towing services will be provided either through third party operators or CLUB boats and employees, only. Towing and on the water repair charges and expenses due to members negligence will be the responsibility of the member. Member will be responsible for all towing charges incurred after clubs normal operating hours regardless of the circumstance. Towing charges will not be covered under clubs insurance policy.  
  37. RENDERING ASSISTANCE: Member(s) may not use CLUB boats to tow another boat.
  38. Member shall not operate the Watercraft in excess of the established speed limit and shall comply with all laws of the applicable City, County, State, U.S. Coast Guard, or any other jurisdictional authority. Members shall at all times comply with all marine rules and customary practices, safety requirements, and all other applicable laws governing operation of a Watercraft.
  39. Members shall not exceed published persons and weight capacities at any time.
  40. Members must limit the activities while onboard the Watercraft to cruising, water skiing, wake boarding and inner tubing, or swimming (but only while anchored with engine off). While accessing the swim platform or at any time individuals are in the water, the engine must be turned off. Scuba diving is expressly prohibited. Any other activity not listed above must receive written authorization by Salt Therapy Inc.  dba Carefree Boat Club of Central Florida management prior to launch. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida dock staff do not have the authority to permit Members to embark on any activities not specifically authorized herein. FISHING: To keep non-fishing boats free of fishy odors and upholstery from being damaged by fishing equipment, Members may only fish from a designated fishing boat. If you are unsure about a boat's designation, ask the Dock Master. It is the members sole responsibility to ensure all fishing licensing, and rules and regulations set forth by the Florida FWC are adhered to. Safely towing an inner tube or wake board is only permitted if, among other safety precautions, such activity takes place in a permitted area away from other Watercraft and a spotter is used at all times at a safe operating speed.
  41. Members shall not tow the Watercraft with a vehicle or permit the Watercraft to be out of the water for any purpose, other than if necessary to properly dock the Watercraft.
  42. It is unlawful for a Member or any other Watercraft operator to consume alcohol prior to or while operating any Watercraft, and it is therefore strictly prohibited. The Member shall not operate Salt Therapy Inc.  dba Carefree Boat Club of Central Florida Watercraft under the influence of drugs or alcohol, whether medically prescribed or not.
  43. Members hereby acknowledges that they have been given an opportunity to inspect and examine various Watercraft prior to signing this Agreement and they will additionally inspect and examine any Watercraft prior to each launch and accepts the condition of the Watercraft upon each launch as confirming the Watercraft and equipment are in a safe and proper running condition. Members further acknowledges that they shall return the Watercraft and equipment in the same condition as received. If Member finds unmarked damage, Member must notify Salt Therapy Inc.  dba Carefree Boat Club of Central Florida prior to departure to ensure Member is not held responsible for such damage. If the Watercraft is not returned in the same condition, Member shall be responsible for any and all costs associated with returning the Watercraft to the same condition, including reasonably determined lost revenue while repairs are being completed.
  44. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida reserves the right to substitute, alter or cancel Watercraft reserved or scheduled by Member as may be deemed necessary and without penalty for service, maintenance or other reasons in Salt Therapy Inc.  dba Carefree Boat Club of Central Florida’s sole discretion.
  45. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida reserves the right to cancel reservations due to inclement weather or governmental restrictions. During operation of any Watercraft, if inclement weather occurs, immediately return to the nearest Salt Therapy Inc.  dba Carefree Boat Club of Central Florida dock or a dock/shelter near you until the inclement weather passes.
  46. All Salt Therapy Inc.  dba Carefree Boat Club of Central Florida Watercraft shall be returned to the dock prior to the end of their reservation. Failure to comply with this provision may result in some or all of the following: (a) late fees; (b) default of Member account; (c) suspension or termination of membership.
  47. Pets- Pets over 15 pounds are prohibited from being on upholstery.  Pets under 15 pounds must be on a towel or bed if on upholstery. Member is responsible for the safety of pets brought aboard and for any damage or loss that may result from the pet(s) being aboard. CLUB will be held harmless in any instance involving a pet.  No all boats allow pets.  It is the member’s responsibility to verify prior to booking.   Any damage to Watercraft caused by a pet will be the sole responsibility of the Member.
  48. Members acknowledges they have been instructed as to the proper and safe operation of the Watercraft by Salt Therapy Inc.  dba Carefree Boat Club of Central Florida. Member acknowledges responsibility for the safe and proper behavior of all occupants, sub-users and Co-members and for the safety and welfare of other boaters and persons on the waterways.
  49. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida shall carry property insurance policy for all Watercraft in use from a rated insurance company providing coverage subject to deductibles and limitations. Upon signing the membership Agreement, the Member accepts the limitations of the insurance policy and acknowledges the financial risks of membership. Member shall be responsible for an insurance deductible up to $3500 for any loss or damage to Watercraft and accessory equipment, from the time Member takes the Watercraft, until Member returns the Watercraft to Salt Therapy Inc.  dba Carefree Boat Club of Central Florida. Damage to Watercraft which results in a repair cost in excess of $500.00 will result in the suspension of Member’s right to use Watercraft until the Member completes an additional training course and water training required by Salt Therapy Inc.  dba Carefree Boat Club of Central Florida.  All damages must be paid in full prior to additional reservations.
  50. Member has the ability, at Member’s own cost, to seek insurance coverage from Member’s own insurance provider to cover any costs resulting from damages caused as a result of Member’s usage of Watercraft.
  51. Damages caused maliciously or caused due when the vessel is out of bounds is excluded from any coverage, member will be fully responsible for any and all costs and damages.
  52. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida + (Plus) Vessels (Over $100,000.00 in value) are excluded from deductible discounts, remaining at the $3,500 deductible.
  53. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida is not responsible for loss of running time due to weather, late arrivals, damage to the Watercraft, illness, accidents or mechanical failure. Member shall not use the Watercraft in a careless or negligent manner, in an unlawful manner or for an unlawful purpose, or allow any person under the influence of alcohol, drugs or a controlled substance to operate the Watercraft. Furthermore, Member shall at all times exercise caution for safety of the occupants in the Watercraft and shall abide by all applicable federal, state, and local laws and regulations relating to the use of the Watercraft.   
  54. ACKNOWLEDGEMENT OF RISKS. MEMBER ACKNOWLEDGES THAT SOME, BUT NOT ALL OF THE RISKS OF PARTICIPATING IN WATER SPORT ACTIVITIES INCLUDE: 1) CHANGING WATER FLOW, CURRENTS, WAVE ACTION AND SHIPS WAKES; 2) COLLISIONS WITH OTHER OBJECTS, INCLUDING, BUT NOT LIMITED TO, OTHER PARTICIPANTS, OTHER WATERCRAFT, AND OTHER MANMADE OR NATURAL OBJECTS IN OR AROUND THE WATER; 3) COLLISION, CAPSIZING, SINKING OR OTHER HAZARDS WHICH RESULT IN WETNESS, INJURY, EXPOSURE TO THE ELEMENTS, HYPOTHERMIA, DROWNING AND/OR DEATH; 4) ATTACK BY AN ENCOUNTER WITH INSECTS, FISH, ETC.; 5) BOAT CLUB VESSEL MALFUNCTION OR EQUIPMENT FAILURE OR OPERATOR ERROR; 6) DANGERS CREATED BY THE BOAT CLUB MEMBER’S OR OCCUPANTS’ SENSE OF BALANCE, PHYSICAL COORDINATION, ABILITY TO OPERATE EQUIPMENT, SWIMMING AND/OR FAILURE TO FOLLOW APPLICABLE RULES OR DIRECTIONS; 7) WIND, INCLEMENT WEATHER, LIGHTNING, VARIANCE AND EXTREMES OF WIND, WEATHER, AND TEMPERATURE; 8) HEAT OR SUN RELATED INJURIES OR ILLNESSES, INCLUDING SUNBURN, SUNSTROKE, OR DEHYDRATION. FURTHER, MEMBER UNDERSTANDS THAT THE DESCRIPTION OF THESE RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS OR DEATH.
  55. EXPRESS ASSUMPTION OF RISKS. MEMBER HEREBY AGREES THAT THEY ARE OPERATING OR USING THE WATERCRAFT AND RELATED EQUIPMENT PROVIDED BY Salt Therapy Inc.  dba Carefree Boat Club of Central Florida AT THEIR OWN RISK. THE UNDERSIGNED AGREES THAT THEY ARE VOLUNTARILY PARTICIPATING IN ALL ACTIVITIES RELATED TO OPERATION, OR USE OF THE WATERCRAFT AND EQUIPMENT. MEMBER IS FULLY AWARE OF AND ASSUMES THE DANGERS ASSOCIATED WITH THE USE AND OPERATION OF THE WATERCRAFT AND EQUIPMENT INCLUDING BUT NOT LIMITED TO: SPRAINS, TORN MUSCLES AND/OR LIGAMENTS; FRACTURED OR BROKEN BONES; EYE DAMAGE; CUT AND WOUNDS; SCRAPES; ABRASIONS, AND/OR CONTUSIONS; HEAD, NECK, AND/OR SPINAL INJURIES; ANIMAL OR INSECT BITE OR ATTACK, SHOCK, PARALYSIS, DROWNING, AND/OR DEATH; AND ANY RESULTANT EXPENSES FROM ANY OF THE FOREGOING RISKS AND ASSUMES ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS THAT MIGHT RESULT REGARDLESS OF THE CAUSE, TO INCLUDE THE NELIGENCE AND OR FAULT OF Salt Therapy Inc.  dba Carefree Boat Club of Central Florida.
  56. WAIVER/RELEASE OF LIABILITY. BY THE EXECUTION OF THIS AGREEMENT, MEMBER VOLUNTARILY RELEASES, FOREVER DISCHARGES AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS Salt Therapy Inc.  dba Carefree Boat Club of Central Florida FROM ANY AND ALL LIABILITY OF ANY NATURE ARISING FROM ANY AND ALL ACTIVITIES RELATED TO THE OPERATION, OR USE OF THE WATERCRAFT AND EQUIPMENT PROVIDED BY Salt Therapy Inc.  dba Carefree Boat Club of Central Florida, ON BEHALF OF MEMBER, THEIR FAMILY, GUESTS, VISITORS OR AGENTS, REGARDLESS OF THE CAUSE. THE UNDERSIGNED ASSUMES FULL RESPONSIBILITY FOR ANY SUCH INJURIES, OR DAMAGES WHICH MAY OCCUR, AND FURTHER AGREES THAT Salt Therapy Inc.  dba Carefree Boat Club of Central Florida SHALL NOT BE LIABLE FOR ANY LOSS OR THEFT OF PERSONAL PROPERTY. THE UNDERSIGNED SPECIFICALLY AGREES THAT Salt Therapy Inc.  dba Carefree Boat Club of Central Florida SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Salt Therapy Inc.  dba Carefree Boat Club of Central Florida. FURTHERMORE, MEMBER ACKNOWLEDGES THAT THEY HAVE READ THIS WAIVER/RELEASE OF LIABILITY AND FULLY UNDERSTANDS THAT IT IS A FULL RELEASE OF ANY LIABILITY INCLUDING THE NEGLIGENCE OR FAULT OF Salt Therapy Inc.  dba Carefree Boat Club of Central Florida. MEMBER IS WAIVING ANY RIGHT THAT HE OR SHE MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST JET RIDE, OR THEIR EMPLOYEES, AGENTS, MEMBERS AND CONTRACTORS FOR THEIR NEGLIGENCE.
  57. LAW ENFORCEMENT: Any law enforcement violation by a Member involving a CLUB watercraft, including coast guard violations, and including but not limited to BUI (Boating Under the Influence), reckless driving, wake zone speed violations, etc., may result in suspension or termination of membership.  Member is responsible to law enforcement local and federal; any and all fines imposed are sole responsibility of member. Any citation or ticket received by Member from marine patrol or any other law enforcement agency, including, but not limited to, tickets for reckless driving, DUIs, speeding, or any other violation, is a breach of this membership agreement and may result, at the sole discretion of Salt Therapy Inc.  dba Carefree Boat Club of Central Florida, in suspension or termination of Member’s membership, in Salt Therapy Inc.  dba Carefree Boat Club of Central Florida’s sole discretion.  Member must inform club immediately of any ticket and/or citation received.
  58.   COMPLIANCE WITH LAWS AND ORDINANCES: Member shall comply with all applicable governmental laws, ordinances, orders, and regulations now in force or which may hereafter be in force insofar as they pertain to the use and utilization of watercraft. Member shall also comply with all requirements of any insurance companies providing insurance for the CLUB and the Rights, Responsibilities, and/or Laws of any marina or other docking facility in which CLUB watercraft(s) are located. Member is solely responsible to contact the US Coast Guard, State and Local officials as required if an accident or incident occurs that results in injury property damage loss and or death.
  59. MARINA’S: Member agrees to abide by all agreements between Club locations’ landlords. Member will also abide by all Club marinas’, Member visited marinas’, and/or other Club locations’, rules, and regulations.
  60. Any disorderly or indecorous conduct by Member, or their family, guests, visitors or Co-member which, as determined by and in the sole discretion of Salt Therapy Inc.  dba Carefree Boat Club of Central Florida, may result in injury to any person, cause damage to the property of Salt Therapy Inc.  dba Carefree Boat Club of Central Florida, it’s customers, employees or other Members, or, through the actions of the aforementioned parties, harm the reputation of Salt Therapy Inc.  dba Carefree Boat Club of Central Florida shall be cause for immediate cancellation of the membership Agreement. Terminated members will be required to pay the balance of their membership Agreement within 30 days, if applicable.
  61. Member shall pay Salt Therapy Inc.  dba Carefree Boat Club of Central Florida all of Salt Therapy Inc.  dba Carefree Boat Club of Central Florida’s costs and expenses, including without limitation, reasonable attorney’s fees incurred in collecting amounts due from Member or in enforcing any rights of Salt Therapy Inc.  dba Carefree Boat Club of Central Florida arising under the membership agreement.
  62. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida reserves the right to deny usage of a Watercraft to a Member if Salt Therapy Inc.  dba Carefree Boat Club of Central Florida determines, in its sole discretion, that the Member is not able to safely operate the Watercraft.
  63. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida reserves the right, in its sole discretion, to charge a cleaning fee if the Watercraft is returned in an excessively dirty condition, beyond normal usage of the Watercraft.   Fishing boats must have the deck cleaned of fish mess, and fish boxes and bait wells emptied & rinsed clean prior to returning to the dock. All items such as personal items, garbage, fish or bait waste must be removed by the Member upon return of the vessel. We ask members to treat the vessels as if they were their own.
  64. Salt Therapy Inc.  dba Carefree Boat Club of Central Florida reserves the right, in its sole discretion, to terminate Member’s membership for violation(s) of any of the terms of the Salt Therapy Inc.  dba Carefree Boat Club of Central Florida membership Agreement.
  65. In the event of a default under/breach of this membership Agreement, Salt Therapy Inc.  dba Carefree Boat Club of Central Florida is entitled to require Member to immediately pay the remaining balance of the then current term of the membership agreement.

I agree

MEMBERSHIP AGREEMENT FEES AND DUES

1) ACCOUNT: No Member will be allowed to use CLUB vessels unless the Member’s account is current. This could include unpaid fuel bills, incurred service charges, repair invoices, finance payments, dues, etc. If account becomes past due, CLUB may cancel reservations and boat usage until charges are paid in full. A finance charge may be assessed if more than 30 days late. Accounts past due more than 90 days are subject to Termination.

2) CREDIT CARD AUTHORIZATION: Members are required to have a current credit card on file, and give CLUB authorization to debit credit card for fuel billings, damage/repairs deemed the responsibility of member, service fee’s, due’s and Supplemental insurance payments if applicable.

3) RIGHTS OF OWNERSHIP: Member’s rights are for the use of CLUB watercraft(s) only, and nothing contained in this Agreement is intended or shall be construed as creating any rights of ownership, legal or equitable, in any of the watercraft(s) or in CLUB, its stock, or assets.

4) ALL SUMS PAID TO CAREFREE BOAT CLUB BY THE MEMBER PURSUANT TO THIS AGREEMENT, WHETHER BY WAY OF DEPOSITS, MEMBERSHIP FEES, INSTALLMENT PAYMENTS, DUES, OR OTHERWISE, ARE NON-REFUNDABLE AND SHALL NOT BE SUBJECT TO CLAIM FOR REFUND FOR ANY CAUSE WHATSOEVER.

5) ASSIGNMENT OF PROCEEDS: CLUB may assign its right to receive any deferred payment obligations or dues or any other sums which may be due or become due to CLUB pursuant to this Agreement. Upon written notice to Member of any such Agreement, all sums thereby assigned shall be payable directly to the assignee and at the address designated.

6) DEFAULT: Any of the following shall constitute events of default with respect to this Agreement: (a) any failure by the Member to pay when due the full amount of any deferred payment under obligation, monthly or annual installment payment, service fees, repair costs, or other charge hereunder; (b) the making by Member of any misrepresentation of fact, including misrepresentation by failure to disclose any material fact in any credit application or financial statement which may be given by Member to the CLUB in order to induce an extension of credit by the CLUB; (c) any breach of any covenant or obligation on the part of the Member pursuant to this Agreement; (d) the failure of Member to abide by and adhere to the Rights and Responsibilities of Membership or of the marina where CLUB watercraft(s) are docked, as now in effect or as hereafter published or amended or; (e) the failure or inability of the Member, as demonstrated to CLUB in its sole judgment reasonably exercised, to operate the watercraft: 1) in a safe, alert, and cautious manner, 2) exercising due caution to protect boat and engine from damage or if problems occur, from compounding the damage, and 3) within any operational requirements or limitations published by CLUB with regard thereto, or Member’s use of CLUB’s watercraft in any manner posing a nuisance upon the seas or a substantial risk of personal injury and/or property damage. No waiver or indulgence by CLUB with respect to any given default shall constitute a waiver of CLUB rights with respect to any subsequent default or breach.

7) REMEDIES ON DEFAULT: The Member’s privileges may be suspended at CLUB’s sole and absolute discretion at any time without prior notice to Member pending CLUB’s investigation and resolution of any alleged incident, violation of a Rule or Regulation or default. In addition, the Member may, at CLUB’s sole and absolute discretion, be required to attend a meeting to discuss any alleged incident or violation where a warning requiring certain actions, prior to future boat usage, may result. Upon the occurrence of any event of the default and Member's failure to cure such default fully within fifteen (15) days after written notice by CLUB is personally delivered or mailed, US first class postage prepaid, to Member at Member's last known address, CLUB may at its option (a) in case of any or all monetary default, terminate the Member Agreement (Including all Member rights and privileges under these Additional Terms, Rules and Regulations or under any other Agreement between the Parties hereto) and declare any and all of any portion of the Membership Initiation Fee which shall have been financed, and any finance charges accruing thereon to the date of default, and all Membership Fees, insurance deductibles, and other charges that have been accrued, to be immediately due and payable; (b) in the case of non monetary default, terminate the Member Agreement (including these Additional Terms, Rules and Regulations or any other Agreement between the Parties hereto) and all membership rights of Member thereunder; in which case CLUB shall be entitled to retain as liquidated damages and not as a penalty, all sums theretofore paid to CLUB by Member pursuant to the Member Agreement, these Additional Terms, Rules and Regulations or any other Agreement between the Parties hereto; it being recognized by Member that it may be impractical to determine actual damages resulting from Member's default, and determine fair compensation to CLUB; (c) CLUB shall have all legal and equitable remedies available in the event of any default, hold harmless, or indemnify, and shall take any such judicial action needed at the sole discretion of CLUB. Any dispute shall be referred to mediation and/or to binding arbitration at any time at CLUB’s request. In the event of any legal proceedings brought by any party to construe or enforce the provisions of the Member Agreement or these Additional Terms, Rules and Regulations, the prevailing party shall be entitled to reasonable attorney's fees and costs. The venue of any and all such mediations, arbitrations and/or legal proceedings shall be exclusively in Lake County, Florida irrespective of the residence elsewhere of any other party.

8) CANCELLATION OF MEMBERSHIP: BY MEMBER:  The Premier membership term is 1  years from date of signing.  The Member may terminate their membership contract by providing 60 day written notice prior to the renewal date of agreement.  All memberships will automatically renew at current rate annually. All memberships have a minimum of a 1 or 3year commitment depending on the level of membership.  For all one year paid in full memberships- dues will be charged upon the renew date unless a 60 date written notice is received  prior to renewal date.

9) CANCELLATION OF MEMBERSHIP BY CBC: CBC my cancel Membership contract for any reason by giving member 90 days written notice. All initiation fees paid will be deemed to have been fully earned upon the Member's training.

10) NON TRANSPORTABLE: Membership is considered a contract with the individual CLUB location and membership is not transportable from one location to another nor does membership establish rights of usage or benefits at other locations. Liability Limitations:

11) LIMITATIONS ON WARRANTIES AND LIABILITY: THE CLUB MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT THOSE INCLUDED IN THIS AGREEMENT. IN PARTICULAR, WITHOUT IN ANY MANNER LIMITING THE FOREGOING, THE CLUB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITIES, CAPACITY, OR OTHER ATTRIBUTES OF ANY OF THE WATERCRAFT(S) THE USE OF WHICH WILL OR MAY BE FURNISHED TO MEMBER PURSUANT TO THIS AGREEMENT AND ANY SUCH REPRESENTATIONS OR WARRANTIES WHICH MAY BE MADE OR UPON WHICH MEMBER MAY RELY ARE EXCLUSIVELY THOSE OF THE MANUFACTURERS OF SAID EQUIPMENT. THE CLUB SHALL NOT BE RESPONSIBLE OR LIABLE AT ANY TIME FOR LOSS OR DAMAGE TO PERSONAL PROPERTY BROUGHT BY MEMBER, OR ANY OF MEMBER’S FAMILY, GUESTS, INVITEES, OR THIRD PARTY ABOARD CLUB WATERCRAFT USED BY MEMBER. THE CLUB SHALL NOT BE RESPONSIBLE OR LIABLE TO MEMBER FOR ANY DEFECT, LATENT OR OTHERWISE, IN ANY WATERCRAFT OR ANY EQUIPMENT, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH WATERCRAFT, NOR SHALL THE CLUB BE RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGE CAUSED BY OR RESULTING FROM ANY DEFECT, ACT, OR OMISSION IN THE CONSTRUCTION, MAINTENANCE, OPERATION, OR USE OF ANY WATERCRAFT, OR ANY EQUIPMENT, FIXTURES, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH WATERCRAFT.

12) EXCUSE FROM PERFORMANCE FORCE MAJEURE: The CLUB shall be excused from performance or any delays in performance hereunder, due to fire, flood, earthquakes, hurricane, acts of God, unavailability of materials, equipment or fuel, war, act of terrorism, declaration of hostilities, revolt, civil strife, altercation or commotion, strike, labor disputes, epidemic, lack of or failure of fork-lift or transportation facilities, mechanical breakdowns, any law, order, proclamation, regulation or ordinance of any government or subdivision thereof, or for any other cause whether similar or dissimilar to those enumerated, beyond the reasonable control and without the fault or negligence of the CLUB.

13) BINDING EFFECT: ENTIRE AGREEMENT: MODIFICATIONS: If any provision of this Agreement shall be invalid, the remainder of the Agreement shall not be affected thereby. This Agreement is binding upon the parties hereto and their heirs, legal representatives, successors, and permitted assigns, and shall be governed by Florida Law. This Agreement contains the entire understanding or writings, which are merged herein and extinguished. This Agreement may only be amended or modified by written instrument signed by the CLUB and all parties designated herein as Member, accept that Rights and Responsibilities may be changed from time to time as set forth in Term #23 

 

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Signed by Tod Howard
Signed On: July 3, 2024


Signature Certificate
Document name: Membership Agreement 3.24
lock iconUnique Document ID: f6f755d9cede8b493448d94087f1fe35100e13cc
Timestamp Audit
March 2, 2024 3:50 pm ESTMembership Agreement 3.24 Uploaded by Tod Howard - tod@carefreeboats.com IP 72.188.52.233
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This audit trail report provides a detailed record of the online activity and events recorded for this document.
https://www.centralfloridaboatclub.com/
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