Transient Docking

When a vessel operator utilizes a transient dock, they are deemed to have agreed to comply with the following Rules and Regulations.

DEFINITIONS 

For the purposes of this Agreement: 

1. “Corporation” means the Rossport Harbour Non-Profit Marina Inc. ("Rossport Marina") 

2. The Rossport Marina includes the area encompassed by the marina facilities, including buildings, grounds, docking facilities and the harbour. 

3. “Operator” means the operator of the Rossport Marina which is the Rossport Harbour Non-Profit Marina Inc. or any person authorized to represent the Corporation. 

4. “Owner” means the Owner of a vessel, any person who is otherwise using the facility, or any person who is in charge of a vessel where such person is not in fact the registered Owner of the vessel.

5. “Dockage day” means the 24 hour period beginning at the "Start Time" and ending 24 hours later at the "End Time". 

6. “Wake speed” means 8 kmph (5 mph) or any lesser speed capable of resulting in a wake not exceeding 4 inches. The rules of the Road and Navigation Laws of Canada apply to all vessels in or approaching the harbour. 

TERMS OF AGREEMENT 

1. Any Docking Agreement shall be in effect for the date(s) as recorded in the Rossport Marina Reservation System, unless sooner terminated by reason of:

a. the destruction of the facility by storm or other calamity.
b. the breach of the terms of this Agreement by the Owner, his or her passengers, crew or guests.

c. the cancellation of the reservation due to the invocation of the "Safe Haven Port Protocol".

2. It is understood and agreed that this Agreement is for the provision of a dock berth only and the Marina services, equipment and other facilities are to be used entirely at the risk of the Owner, his or her passengers, crew or guests. 

3. The Owner will be solely responsible for themselves and their guests in the Marina.  The Owner will obey and cause their guests to obey all rules and regulations regarding the Marina and its use established by lawful authority.   Any abuse of alcohol, fighting, offensive language, use of illegal drugs or acts of rude conduct toward any other vessel owner, guest or marina staff will not be tolerated.  The Owner acknowledges that, with this docking agreement, such behavior is grounds for the Corporation, at its sole discretion, to terminate docking privileges without any refund.

4. The Owner is solely responsible for any loss or damage to the vessel, its equipment and contents; and for any loss or damage caused by it, themselves, or their guests to persons and/or property while in the Marina.  The Owner will indemnify the Corporation and save it harmless from such losses or damages whatsoever.  The Owner will make no claim and take no action against the Rossport Harbour Non-Profit Marina Inc. and will have no enforceable claim against it for loss or damage to persons and/or property arising in the Marina for any causes whatsoever.  The indemnification will apply to all Board Members, the Executive, marina staff and marina volunteers.

5. All vessels must be properly marked with a Registration Number that is clearly visible.

RULES AND REGULATIONS

6. It is understood and agreed by the Owner that the rules and regulations may from time to time be added to or deleted from this Agreement at the discretion of the Corporation. 

7. The Owner agrees to comply with all existing requirements of Provincial and Federal legislation or legislation which may hereafter be affect harbour and marina operations.

8. It is understood and agreed that the transferring of vessels from one dock space to another, shall not be permitted without the approval of the Operator having first been obtained. 

9. The Owner agrees to move his vessel in accordance with the Operator’s instructions, and when unattended and in case of an emergency, authorizes the Operator to move the vessel at its discretion at the Owner’s expense and risk. 

10. The Owner shall not store supplies, materials, accessories, articles or debris upon Marina property and shall not construct anything or modify the dock in any way.  Owners shall not attach any foreign objects or materials to the dock structure whatsoever. 

11. All animals must be leashed and cleaned up after (poop & scoop).

12. Discharge of sewage, contaminated bilge water, solid refuse, or any other pollutants into the waters of the Marina is strictly prohibited by law.  THE BOAT OWNER IS DIRECTLY RESPONSIBLE FOR THE COST OF CLEANUP RELATING TO ANY SUCH DISCHARGE.  All removed petroleum products, chemical residues, damaged or worn out parts, or refuse resulting from the normal maintenance and repair of vessels must be disposed of by the Owner in accordance with all existing local, provincial and federal rules that govern such actions.

13. No refuse shall be thrown overboard.  Garbage shall be deposited in receptacles supplied for this purpose at the Marina, and other debris shall be placed where specified. 

14. Within the Marina, all power and auxiliary powered vessels shall be under said power when entering and leaving the Marina.  Maximum vessel movement shall not exceed “wake speed”. 

15. Sail and keel boats are to be under power when entering and leaving the Marina area. 

16. Permanent on board living is not permitted. 

17. The Operator or its designate is authorized to check the size of any and all boats in the presence of the Owner if it is felt that there is a need.  The Owner will be charged for any discrepancies noted. 

18. All maintenance activity including painting, scraping or repairing of boats and gear will not be permitted on the dock unless approved by the Operator in writing. 

19. No advertising or soliciting of any nature will be carried on, in or from the Marina. 

20. All vessel Owners will notify the Operator when leaving for a period of time in excess of 24 hours. The Operator reserves the right to rent the berthing space provided in the Agreement when vacant.  Transients, who have rented the vacant space, will remove their vessel as directed by the Operator to accommodate the returning vessel. 

21. In the event that a vessel sinks at the dock, or elsewhere in the Marina, the Owner must remove such wreck at once.  Failure to do so will result in the Operator removing the wreck at the Owner’s expense, which will become a debt due to the Operator from the Owner.  The Operator reserves the right to cancel the Agreement and repossess the berthing space should a sinking occur. 

22. The rafting of vessels is permitted with the agreement of the Owner and the approval of the Operator. 

23. The Owner shall, when checking out, report to the Operator’s office and settle all accounts before leaving.