1. These Marina Rules contain the terms and conditions under which Secret Cove Marina Ltd. (the “Marina”) provides marina and related services. Any use of such services constitutes acceptance of the terms and conditions of these Marina Rules. These Marina Rules contain terms and conditions that limit or exclude liability. Read them carefully. The terms and conditions of these Marina Rules shall apply to all marina, moorage, boat storage, handling and related services offered or provided by the Company to the Owner in respect of the Vessel (as defined below) at the Facilities (hereinafter defined). Any and all use of such services constitutes acceptance of the terms and conditions of these Marina Rules.
2. In these Marina Rules: the "Owner" means the person designated as such in the moorage contract with the Company or, if none is so designated, the person mooring, or seeking to moor, a Vessel at the Facilities, whether or not the owner of the Vessel; the "Facilities" means the properties owned, leased, or licensed by the Marina; “Guests” means any person on or about the Facilities; "Vessel" means any vessel moored or intended to be moored at the Facilities, and shall include all dinghies related to the Vessel; and the terms "includes" and "including" shall mean "includes without limitation" and "including without limitation" respectively.
3. All vessels proceeding at or near the Facilities (including the floats, moorings or slip), shall do so in a cautious and seaman-like manner, with a speed of no more than 3 knots within Secret Cove, and shall not roll up a swell or cause damage to any other vessel or property.
4. No electric, oil or flame heaters shall be used in any vessel on the Facilities, except with the Owner or its designate in attendance. The Owner shall not carry out or cause to be carried out repairs to the Vessel on the Facilities, except minor repairs and maintenance at the floats.
5. No litter, dangerous or hazardous substances or pollutants shall be thrown overboard or deposited on or near any part of the Facilities by any person, including the Owner or any Invitee.
6. All vessels, including the Vessel, shall be clearly marked with name or registration number as required by law. Dinghies (being any vessel under 8' in length) at the Facilities must be marked with the name or registration number of the Vessel, or name of the Owner, and shall not be left on the floats or wings.
7. Children under the age of 10 years must be accompanied by an adult at all times while on the Facilities. All children under the age of 10 and non-swimmers must wear life jackets while at or near the Company's floats.
8. Proper footwear that is reasonably-suited for the weather and conditions at the Facilities must be worn at all times.
9. Bicycles, roller blades, skateboards, and other recreational modes of transport area not permitted on the docks.
10. No fishing is permitted on or from any part of the Facilities whatsoever.
11. No dogs are permitted on the Facilities except when on a leash. Any excrement or other waste must be immediately disposed of in the proper receptacles as provided by the Marina.
12. The Owner shall check the Vessel regularly, including after heavy winds, rain or snow. The condition of the Vessel and its coverings, equipment and appurtenances shall be and remain at all times the responsibility of the Owner. Only blue tarps shall be used for winter storage.
13. Refueling of vessels is only permitted at the fuel dock. The use of jerry cans is only permitted for the refueling of dinghies and tenders. In case of a fuel spill on the premises, the Marina shall be notified and remediation measures should be initiated as soon as possible.
14. The Owner is responsible for the safe moorage of their Vessel, including but not limited to ensuring the Vessel is always adequately buoyant, ensuring that the vessel does not in any way become a hazard to the Facilities, other vessels, or the environment, and furnishing and maintaining their own safe line and chaffing gear. The chaffing gear shall be attached to the Vessel only and not to the floats or pilings. Care must be taken not to affect any other berth or access with mooring lines.
15. The Owner agrees to use only environmentally safe products while cleaning their vessel.
16. Nothing will be left on or above the dock that is a hazard to people using the dock, including but not limited to litter, materials, equipment, dinghies, floats, and storage.
17. Owners and Guests shall keep the slip dock area clean and are solely responsible for costs associated with removing unauthorized modifications or staining materials to the slip dock and piling area.
18. No garbage, litter, wastes, sewage, bilge contents, petroleum products, or other organic wastes shall be emptied overboard or deposited anywhere within the Facilities except into their respectively designated receptacles provided for as such by the Marina. In the interest of sanitation, no toilets, sinks, bilges, sewage, petroleum hazardous waste or other products shall be discharged while Vessels are in the Marina’s moorage facilities. Waste receptacles provided by the Marina shall only be used for waste from the Vessel and at no times shall household garbage be disposed of at the Facilities.
19. There will be no dinghies or other goods and chattels of the Owner or other party left on the Marina’s docks. The docks are to be maintained free and clear at all times of any obstacles such as equipment, storage lockers, dinghy racks, hoses or other attachments not permanently affixed and provided by the Marina.
20. Electrical connections to vessels must be marine-grade power cords with watertight moulded plugs that meet fire regulations and the local electrical code.
21. No person may live aboard any vessel while moored at its assigned berth without the express written consent of the Marina. Such use may be subject to special fees.
22. The Marina may charge for any service required to be provided to a Vessel during the absence of the Owner, and while assuming no responsibility for services rendered in such instances, may enter upon the Owner’s Vessel for such purpose. No such action including taking temporary possession of or entering the Vessel shall constitute a bailment.
23. All Vessels must be maintained in good seaworthy condition. Any Vessel deemed by the Marina in its sole discretion to be unsafe or an impediment to the safe and orderly operation of the marina will be considered in breach of the Marina’s Moorage Licence Agreement and these Marina Rules.
24. To conserve water, Owners are required to use a hose nozzle with automatic shut-off.
25. Noise shall be kept to a minimum at all times, and Guests shall not operate or permit to be operated any sound-producing devices between the hours of 10:00 p.m. and 8:00 a.m. in the Marina. All Guests shall use their discretion at all times when operating engines, generators, radios, music or other electronic devices so as not to create a nuisance or disturbance.
26. Smoking/vaping is only permitted in or on the Vessel, or in designated areas around the facility.
27. No Owner or Guest shall engage in any improper conduct toward any person at the Facilities, or towards Marina employees in any event, including but not limited to:
(a) Violence, harassment, bullying or discriminatory behaviours;
(b) Conduct, including physical actions that may be considered threatening, including but not limited to yelling and use of profane language and abusive language;
(c) Public intoxication;
(d) Any disorderly, impolite or other inappropriate conduct that has endangered or might endanger safety, has injured or might injure any person, has caused or might cause damage to any the Marina property, or has harmed or might harm the reputation of the Marina; and
(e) Sexual harassment, which can consist of a wide range of unwanted sexually directed behaviour, and is defined as: unwelcome sexual advances, requests for sexual favours and other verbal or physical conduct of a sexual nature when such conduct has the purpose or result of unreasonably interfering with any person’s experience or employee’s work performance, creating an intimidating, hostile or offensive environment.
Any Guest not in compliance with the foregoing will be subject to immediate removal from the Facilities.