Terms of Use
Aqua-Direct – Boat Club Membership Agreement
In
presenting these Terms and Conditions to you, our Member, we have three primary
responsibilities that we uphold to the best of our abilities: your safety, the
safety of others around you and the effective preservation of our company and
its employees. These are the factors that were and will continue to be
paramount in our adoption of these Terms and Conditions.
1. GENERAL RULES AND REGULATIONS.
a.
For
Aqua Direct Members to use club boats the Member (i) must be at least 21 years
of age; (ii) must have taken and passed the new Member boating orientation
class; and (iii) must have passed the Department of Natural Resources (DNR)
boating course and provided Aqua-Direct with a copy of the certificate issued.
b.
Before
and after boating, a Member must complete the Check Out/In Sheet at the Aqua-Direct
Home Port marina. Members may not take any
club boat more than 25 miles from the Aqua-Direct Home Port marina unless this
is specifically approved by the local club manager. Each request for such
approval must be accompanied by a float plan.
c.
Members
arriving more than ONE HOUR later than their scheduled reservation time must
call the appropriate Aqua-Direct dock line to maintain their reservation. After
one hour and without a phone call a reserved boat may be assigned to another
Member. Repeatedly missing reservation without notifying the Club may result in
a $50.00 fee for each occurance and/or a temporary loss of club privileges.
d.
It is
the Member’s responsibility to fuel & to pump out the holding tank or
porti-potty, if used, of the Aqua-Direct Home Port watercraft upon return. The Aqua-Direct Home Port deck-hand may
assist with fueling, but removing and emptying porti-potty is the responsibility
of the Member.
e.
Generally
Aqua-Direct Home Port Affiliate hours of operation are as follows:
·
Summer
operating hours are 8:00 A.M. to 7:00 P.M. which will be in affect between
Memorial Day and Labor Day.
·
Spring
and Fall operating hours are 9:00 AM to 6:00 P.M and apply to the months of
April, May, and September, before Memorial Day and after Labor Day,
respectively.
·
Winter
hours of operation are 9:00 A.M. to 5:00 P.M and apply from October through
March.
·
In
all operational periods, operating hours will never be before sunrise or after
sunset, in the event the former is later and the latter is earlier than the
normal Aqua-Direct Home Port operating hours for a given season.
·
The
Aqua-Direct Home Port Affiliate will be closed on Mondays for maintenance
unless Monday is one of the following nationally recognized holidays: Memorial
Day, Independence Day or Labor Day, in which case the Aqua-Direct Home Port
Affiliate will be closed on the following Tuesday.
·
The
Aqua-Direct Home Port Affiliate will be Closed: Thanksgiving Day, Christmas
Eve, Christmas Day, and New Year’s Day and Easter Day. The Aqua-Direct Home Port Affiliate will be
open on New Year’s Eve Day.
·
Aqua-Direct
Home Ports may vary their operating hours.
Accordingly, it is recommended you check the Aqua-Direct Home Port’s
hours directly with the Aqua-Direct Home Port [or on our website] when
you make a reservation.
f.
Members
are expected to return Aqua-Direct Home Port watercraft to the marina dock
within the specified hours of operation unless arrangements have been made with
the Home Port Manager before departure.
Aqua-Direct Home Port Affiliate watercraft must not be operated between
sunset and sunrise without prior approval.
g.
If a
member repeatedly fails to refuel club vessels upon return to the Home Port the
member may, at the club manager’s discretion, be charged a $25.00 for refueling
in addition to the cost of fuel. Members may also be charged a $25 fee if a
holding tank is used and not pumped out or is the head requires more than the
usual amount of attention before it can be used by the next member.
h.
Aqua-Direct
Home Port boats will not leave the dock or, if out on the water, will be
returned to the dock during Small Craft Advisories. The NOAA web site should be checked before
coming to the dock for departure. The
website address is http://www.srh.noaa.gov.
The Aqua-Direct Home Port staff will attempt to contact members with
reservation and/or Members on the water as soon as the advisory information is
made available. Members are responsible
for keeping a current telephone contact number on file.
i.
Members
are required to keep a valid credit card on file with the Aqua-Direct Home Port
at all times for incidental expenses incurred during their boat use, including,
but not limited to, fuel charges and repair expenses. Before taking an Aqua-Direct
Home Port watercraft the member will complete a Credit Card Authorization form.
j.
The
Members shall not consume, or be under the influence of, alcohol, illegal
drugs, or prescription or non-prescription medication that is distributed with
warnings directing the user not to operate vehicles or machinery while taking
such medication, while captaining or operating any Aqua-Direct Home Port
watercraft. Operating a boat under the influence of any of these substances may
result in with temporary or permanent loss of club privileges.
k.
The Aqua-Direct
Home Port has the right to suspend boating activity for any Member who does not
have a current, valid credit card on file with the Aqua-Direct Home Port,
and/or any Member who has an outstanding balance due on their account to
Aqua-Direct or the Aqua-Direct Home Port Affiliate.
l.
The Aqua-Direct
Home Port will suspend boating privileges until damages for which the Member is
responsible are paid for by the Member and will notify Aqua-Direct of same.
m.
Aqua
Direct Port Managers may designate certain boats as not available for
fishing. When on a boat on which fishing
is allowed it is the Member’s responsibility to return the boat in the same
condition as when the boat left the Aqua-Direct Home Port dock. Fish may not be cleaned on board any
Aqua-Direct Home Port watercraft. Members must use water wash-down to keep fish
remnants from drying on boat surfaces.
n.
Upon
return if a boat requires more than 20 minutes to clean, the Home Port manager
has the authority to charge up to a $50.00 service fee.
o.
The
Aqua-Direct Home Port Affiliate may prohibit a Member from reserving and/or operating
an Aqua-Direct Home Port boat, at the sole discretion of the Aqua-Direct Home
Port , if any of the following occur:
·
The Member’s account with the Aqua-Direct is
delinquent
·
The member allows the misuse of alcohol or
drug abuse while operating Aqua-Direct Home Port Affiliate watercraft.
·
The Member is involved in frequent boating
mishaps or reckless operation
·
There is any violation of the Aqua-Direct Home
Port Affiliate’s rules and regulations
p.
Aqua-Direct
may terminate the Member’s Aqua-Direct membership if any of the following
occur:
·
The Member’s account with the Aqua-Direct is
delinquent
·
The member allows the misuse of alcohol or
drug abuse while operating Aqua-Direct Home Port Affiliate watercraft.
·
The Member is involved in frequent boating
mishaps or reckless operation
·
There is any violation of the Aqua-Direct Home
Port Affiliate’s rules and regulations
2.
MEMBERSHIP
BOAT USAGE PRIVILEGES – A Member’s account must be current and the Member must
be in compliance with all terms and Rules and Regulations in order to place a
reservation. Selection of dates and boats are subject to availability and must
be reserved by the Member in accordance with these Rules. Scheduling will be
handled on a first-come, first-served basis. The number of reservations that a
Member may book is determined by the member’s membership type. A Member may not
have more than SIX reservations booked at any given time. Two reservations may
be booked during weekends or holidays, and four reservations may be booked
during weekdays that are non-holidays at any given time. For the purpose of
club reservations the individuals members under one Membership are collectively
one member.
3. ADDITIONAL MEMBERSHIP BOAT USAGE PRIVILEGES - Members shall have use of the Aqua-Direct Home Port watercraft on an as-available, stand-by, same-day usage basis, except on days when the Aqua-Direct Home Port marina is closed. Members may call the Aqua-Direct Home Port dock manager on the morning of desired use to check availability.
4.
LAST
MINUTE RESERVATIONS – Last minute reservations are reservations that are made
24 hours or less in advance, and can be requested TUESDAY THROUGH SUNDAY. Reservation requests more than 24 hours in
advance should be made via the Aqua-Trac™
reservation system. The Aqua-Direct Home Port Manager has the right to
substitute, alter, or cancel boats that are reserved or scheduled by a Member.
5.
“AWAY” PORT BOAT USAGE - A reciprocity agreement between the
Aqua-Direct Home Ports allows Members to use “Away” Ports on an as-available basis. An Aqua-Direct “Away” Port is any Aqua-Direct Home Port other than the Aqua-Direct
Home Port which the Member designated as its Member home port. To boat at an “Away Port” the member need only
to reserve one of the “Away Port’s” boats online. A Member’s combined Home and
“Away Port” reservations are subject to the limitations described above. Reservations
at an Aqua-Direct “Away” Port may be subject to additional rules
and regulations of that particular Aqua-Direct “Away” Port.
6.
EXTENDED
HOURS/OVERNIGHT USAGE - In order to use a boat during extended hours/overnight,
a Member must have proven himself/herself a good boater, in the sole discretion
of Aqua-Direct, and have permission from the Aqua-Direct Home Port Manager. After approval, the Member must reserve the
boat online for each reservation period for which the boat will be used. For
example, using a boat over a Tuesday night would require a reservation on
Tuesday and a reservation on Wednesday. This would use two of the six
simultaneous reservation a Member is allowed. Approval for overnight usage is
less likely on busy in-season weekends. All
members using club boats with extended or overnight approval must file a float
plan with the Aqua-Direct Port Manager.
7.
Changes to Aqua-Direct Home Port locations or the
number or types of boats - Aqua-Direct
retains the right to add or reduce the number of boats, and change its mix of its
boat types at any time. Aqua-Direct also retains the right to close or change its
locations. Aqua-Direct Home Ports retains
the right to close a location on certain days due to light boating or inclement
weather. Aqua-Direct does not permit
boat use when a Small Craft Advisory is in effect. It is Aqua-Direct’s intention to maintain a proper member/
watercraft ratio to guarantee the best possible boating experience for our Members.
The ratio will vary depending on weather conditions and time of year. In the event an Aqua-Direct club location closes
for more than ten (10) consecutive days (other than due to light boating or inclement
weather), or moves to a location more than thirty (30) miles from its previous
location, Members who have designated that location as their Home Port will be
given the opportunity to designate a new Home Port.
8.
RESPONSIBILITY
FOR WATERCRAFT - The Member shall be solely and exclusively responsible for any
loss or damage to Aqua-Direct watercraft and accessory equipment from the time
that such watercraft and accessory equipment is furnished to the Member up to and
including the time of its return to the Aqua-Direct Home Port. The Member is responsible for identifying
noticeable damage to the dock-hand on duty during check out of the vessel. This constitutes checking the propeller for
damage, fiberglass damage, engine noise, missing fenders etc. At no time shall the Member allow anyone
other than a qualified Member to operate or have control of any Aqua-Direct watercraft.
The Member specifically acknowledges and agrees that he/she is obligated to be
in complete custody and control of the watercraft at all times, and the Member
is solely and exclusively responsible for any loss or damage to an Aqua-Direct
watercraft regardless of who is in actual physical custody or control of the
watercraft at the time of any such loss or damage. By virtue of Aqua-Direct’s
insurance coverage, by which each Member is an additional insured, a Member’s
liability to Aqua-Direct is limited to the greater of $2,500.00 or 2 percent of
the hull. If Aqua-Direct’s watercraft is damaged during a named tropical storm
or hurricane the limit will be the greater of $5,000.00 or 5 percent of the
hull. These amounts are per incident and plus sales tax. Any damage that occurs
while an Aqua-Direct watercraft is in the Member’s possession will be noted and
charged at check-in. However, some
items, particularly damage to the engine (i.e., caused by entangling the prop
in rope or fishing line, running the engine at high rpm after a problem occurs,
etc.), may not be noticed at the time of check-in. If damage is discovered
after check-in, and at the sole discretion of the Aqua-Direct Home Port
Affiliate, and the Aqua-Direct Home Port Affiliate deems the Member to be
responsible, the Member will be billed for all damage/cost incurred by the Aqua-Direct
Home Port Affiliate to restore the Aqua-Direct Home Port Affiliate’s watercraft to the same condition as
originally delivered to the Member. [At
Aqua-Direct’s
sole discretion, a Member may be denied boat usage until payment is received
for any damage to a Aqua-Direct watercraft]. In addition, Aqua-Direct may require the Member to attend
a meeting to discuss the damage, and Aqua-Direct, at its sole discretion, may
take any action deemed necessary, including the actions set forth in Section 1(o)
or (p), as applicable.
9.
INJURY
AND DAMAGE TO PROPERTY - Member recognizes that the operation of any watercraft
is a specialized activity that requires training and experience and has both
obvious and non-obvious dangers associated with it. Member acknowledges that many such dangers
produce risk of injury to Member, Member’s passengers, and the public in
general regardless of the training and experience of the operator of the
watercraft and regardless of the proper maintenance and condition of the
watercraft. Accordingly, each Member
knowingly accepts sole and exclusive responsibility at all times for the safety
of all persons and property on board any Aqua-Direct watercraft, and all
persons who may come in contact with Aqua-Direct’s watercraft, including the Member, the Member’s
passengers and/or the public in general.
For purposes of personal injury claims, a Member may be treated as an
additional insured on Aqua-Direct’s Protection & Indemnity insurance policy (ies), and may
be afforded the same coverage and protection afforded Aqua-Direct under such an
insurance policy. Member agrees to RELEASE, indemnify, defend
and hold AQUA-DIRECT, and their respective officers, directors, managers, employees
and agents harmless from and against any claims, loss, damage, expense
(including reasonable attorneys’ fees and costs and expenses of litigation) FOR
INJURY OR LOSS OF ANY SORT INCLUDING BODILY injury, death, property damage or
other loss of any kind or nature WHETHER KNOWN OR UNKNOWN, FORSEEN OR
UNFORSEEN, PATENT OR LATENT ARISING FROM OR RELATING TO THE use or operation of an Aqua-Direct watercraft. THIS RELEASE AND INDEMNIFICATION OF AQUA-DIRECT
AND THEIR RESPECTIVE officers, directors, MANAGERS, employees and agents SHALL
EXTEND TO ANY INJURY OCCASIONED WHOLLY OR IN PART BY ANY ACT OR OMISSION OF AQUA-DIRECT
OR THEIR RESPECTIVE officers, directors, managers, employees and agents.
10.
STATUS
- Member’s rights are for the prepaid use of Aqua-Direct watercraft 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
or in Aqua-Direct, its stock, equity interests or assets.
11.
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, operation and utilization of
watercraft. Member shall also comply
with all requirements of any insurance companies providing insurance for Aqua-Direct
and the rules and regulations of any marina or other docking facility in which Aqua-Direct
watercraft are located.
12.
DEFAULT: Any of the following shall constitute an
event of default with respect to this Agreement: (a) any failure by Member to pay
when due the full amount of any deferred payment under obligation, debt
installment, or other charge hereunder, including Member’s monthly membership dues;
or (b) failure of Member to abide by and adhere to the Rules and
Regulations of Aqua-Direct or of the marina where Aqua-Direct watercraft are
docked, as now in effect or as hereafter amended; or (c) the failure or
inability of the Member, as demonstrated to the Aqua-Direct, in its sole
judgment, to operate the watercraft (i) in a safe, alert, and cautious manner, (ii)
exercising due caution to protect the boat and engine from damage, and (iii)
within any operational requirements or limitations published by Aqua-Direct, or
(d) Members’ use of a Aqua-Direct watercraft in any manner that poses a
nuisance upon the seas or waterways, or a substantial risk of personal injury,
death and/or property damage. No waiver
or indulgence by Aqua-Direct with respect to any given default shall constitute
a waiver of the Aqua-Direct’s rights with respect to any subsequent default or
breach.
13.
REMEDIES
ON DEFAULT: Upon the occurrence of any event of default by the Member,
Aqua-Direct may at its option terminate this Agreement and all membership
rights of Member hereunder, 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 dues and other charges that have been
accrued, to be immediately due and payable, and Aqua-Direct shall be entitled
to retain as liquidated damages, and not as a penalty, all sums previously paid
to Aqua-Direct by Member pursuant to this Agreement or otherwise. Aqua-Direct shall have all legal and equitable
remedies available in the event of any default, and shall take any such judicial
action needed at the sole discretion of Aqua-Direct. In the event of any arbitration or legal
proceedings brought by any party to construe or enforce the provisions of this Agreement,
or in the event there is any arbitration or other litigation which arises from
or relates to this Agreement, the Member’s Aqua-Direct membership, the claimed
breach by the Member of Aqua-Direct’s rules and regulations, and/or the
operation of an Aqua-Direct watercraft by the Member, the prevailing party
shall be entitled to reasonable attorney fees, costs and expenses incurred in
any such arbitration or legal proceeding.
14.
GOVERNING
LAW; JURISDICTION: This Agreement shall
be governed by the law of the State of Florida, without giving effect to
conflict of laws principles thereof. The
Member and Aqua-Direct each irrevocably and unconditionally (a) agree that subject
to Section 15, any suit, action, arbitration or legal proceeding arising out of
or relating to this Agreement shall be brought exclusively in Duval County, Florida,
(b) consents to the jurisdiction of any such court or arbitrator in any suit,
action or proceeding; (c) waives any objection which it may have to the laying
of venue of any such suit, action or proceeding in Duval County, Florida; and
(d) agrees that service of any court or arbitration notice may be effected on
such party by mail or in such other manner as may be provided under applicable
laws or court rules of the State of Florida.
15.
ARBITRATION OF DISPUTES: The parties to this
agreement specifically agree that any dispute (whether contract, tort,
statutory, or otherwise) arising under or relating in any way to (i) this
Agreement; (ii) the rules and regulations of Aqua-Direct, (iii) Member’s membership
in Aqua-Direct, (iii) Member’s use of any watercraft in connection with such Membership
or (iv) any other dealings between Member and Aqua-Direct, including, but not
limited to, any claims for money damages or for personal injury or wrongful
death shall be submitted to binding arbitration in Jacksonville, Florida in
accordance with the Commercial Arbitration Rules of the American Arbitration
Association by a single arbitrator. The
arbitrator shall be selected by mutual agreement of Aqua-Direct, as applicable,
and Member within twenty (20) days following the initiation of arbitration
hereunder, or, absent such agreement, by appointment by the American
Arbitration Association. The arbitration
procedure shall be governed by the United States Arbitration Act, 9 U.S.C. §§
1-16, and the award rendered by the arbitrator shall be final and binding on
the parties and may be entered in any court having jurisdiction thereof. Each party shall have discovery rights as
provided by the Federal Rules of Civil Procedure within the limits imposed by
the arbitrator; provided, however, that all such discovery shall be commenced
and concluded within ninety (90) days of the selection or appointment of the
arbitrator. It is
the intent of the parties that any arbitration shall be concluded as quickly as
reasonably practicable. Unless the
parties otherwise agree, once commenced, the hearing on the disputed matters
shall be held four (4) days a week until concluded, with each hearing date to
begin at 9:00 a.m. and to conclude at 5:00 p.m. unless otherwise agreed. The arbitrator shall use all reasonable
efforts to issue the final award or awards within a period of five (5) business
days after closure of the proceedings.
Failure of the arbitrator to meet the time limits of this Section shall
not be a basis for challenging the award. The arbitrator shall
instruct the non-prevailing party to pay all costs of the proceedings,
including the fees and expenses of the arbitrator and the reasonable attorneys'
fees and expenses of the prevailing party.
If the arbitrator determines that there is not a prevailing party, each
party shall be instructed to bear its own costs and to share equally the fees
and expenses of the arbitrator.
16.
JURY
TRIAL: It is the intent of the parties that any dispute of any kind whatsoever
between the parties to this agreement shall be settled and finally determined
in arbitration before the American Arbitration Association ("AAA") in
accordance with Section 14. However, in the event it is determined that a
dispute between the parties is to be determined in a court of law, the parties
to this agreement hereby knowingly, voluntarily, and intentionally waive any
and all rights they may have to a trial by jury in respect to any litigation
arising out of or in connection with this agreement or arising or relating in any
way to membership in Aqua-Direct.
17. LIMITATIONS ON
WARRANTIES AND LIABILITY: Aqua-direct makes no representations or warranties,
express or implied, except those included in this Agreement. Member acknowledges that all watercraft
provided by Aqua-direct are provided "as is" without any warranties
or representations of any kind including, without limitation, warranty of
merchantability or fitness for a particular purpose. In particular, without in any manner limiting
the foregoing, aqua-direct makes no representations or warranties as to the
qualities, capacity, or other attributes of any of the watercraft 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. aqua-direct
shall not be responsible or liable at any time for loss or damage to personal
property brought by the Member, or any of Member’s family, guests, invitees, or
third party aboard an Aqua-Direct watercraft used by Member. aqua-direct shall NOT be responsible or
liable to the Member for any defect, latent or other defects of any type or
nature in any watercraft or any equipment, appliances, or apparatus utilized in
connection with such watercraft, nor shall aqua-direct 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 the use of any
watercraft. the Member further acknowledges and agrees that Member is waiving
and releasing any and all claims which the Member could make against aqua-direct,
their respective AFFILIATES, or officers, directors, managers, employees,
MEMBERs or agents for any personal injury or property damage arising from any
defect, latent or otherwise, in any watercraft or any equipment, appliances, or
apparatus utilized in connection with such watercraft.
18.
FORCE
MAJEURE: Aqua-Direct 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, 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 of Aqua-Direct.
19. ALL AMOUNTS PAID
BY THE MEMBER PURSUANT TO THIS AGREEMENT, WHETHER BY WAY OF DEPOSITS,
MEMBERSHIP FEES, INSTALLMENT PAYMENTS, MEMBERSHIP DUES, OR OTHERWISE, ARE
IMMEDIATELY EARNED AT THE TIME OF PAYMENT, ARE NON-REFUNDABLE AND SHALL NOT BE
SUBJECT TO CLAIM FOR REFUND FOR ANY CAUSE WHATSOEVER.
20.
ASSIGNMENT
OF PROCEEDS: Aqua-Direct may assign its right to receive any deferred payment
obligations, dues or any other sums that may be due or become due to Aqua-Direct
pursuant to this Agreement. Upon written
notice to Member of any such assignment, all sums thereby assigned shall be
payable directly to the assignee at the address designated.
21.
MEMBERSHIP
DUES: Member agrees to pay Aqua-Direct Membership dues owed plus applicable
sales tax for each month of membership within ten (10) days after the [date
of invoice]. All membership dues
will be paid via credit or debit card. Money
orders and checks will not be accepted for dues.
22.
TOWING:
Aqua-Direct will be responsible for reasonable towing charges unless it has
been determined that the towing is necessitated by the Member’s recklessness or
ignorance. If a boat has been grounded, a time and materials fee will be
assessed to flush engine and replace parts if required. Member is responsible
for any towing charges outside the regularly accepted towing limit by the tow
company in that geographic area. Member is responsible for all towing charges
outside of the 25-mile boundary shoreline limit unless specifically approved by
the Aqua Direct Port Manager to be beyond the 25-mile boundary shoreline limit.
23.
BINDING
EFFECT; ENTIRE AGREEMENT; MODIFICATIONS: If any provision of this Agreement is
declared invalid or unenforceable for any reason, the remainder of the
Agreement shall not be affected and shall remain in full force and effect. This Agreement is binding upon the parties
hereto and their heirs, legal representatives, successors, and permitted
assigns, and shall be governed by the internal substantive laws of the State of
Florida without regard to any conflict of law provisions. The parties hereby agree that this instrument
and the Member’s Aqua-Direct membership application (the “Membership
Application”) contains the entire agreement between the parties and there is
and can be no other oral or written agreement or understanding, written or
oral, unless the same is set forth in a subsequently dated writing signed by
all parties to this agreement. Any
waiver or consent given in connection with this Agreement shall be effective
only in this specific instance and for the specific purpose given. Notwithstanding the foregoing, the rules and
regulations and Membership Agreement may be changed from time to time by
Aqua-Direct, in which case, such changes shall take effect upon notice given to
the Member. There are no collateral
understandings or agreements other than those contained herein and in the
Membership Application, and Member understands and agrees that there are no
terms, conditions, statements, warranties, or representations, oral or written,
not contained herein or the Membership Application. This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original and all of which
shall collectively constitute one instrument.
24.
AQUA-DIRECT
HOME PORT RULES AND REGULATIONS: Member agrees to abide by the rules and regulations
promulgated and from time to time modified for and by individual Aqua-Direct
Home Ports. Changes in the Aqua-Direct Home Port’s rules and regulations shall
become effective upon adoption by the Aqua-Direct Home Port. A copy of any revised rules and regulations
will be available at each Aqua-Direct Home Port location.
25. NOTICES: Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested or via electronic mail (i.e., email). If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by electronic mail (i.e., email) notice shall be conclusively deemed given immediately as evidenced by the date and time stamp on the email, if by mail, such notice shall be conclusively deemed given five days after the postal date stamp provided by the United States, demand or other communication is to be given as follows:
If to Aqua-Direct: Aqua-Direct,
LLC
1523 Beach Blvd
Suite 201
Jacksonville Beach, Florida 32250
Attention: Mr. Rudy Theale
e-mail: rudy@aqua-direct.com
If to the Member, at the Member’s address maintained in Aqua-Direct’s files.
Any party hereto may change its address by written notice given in the manner provided above.
26. REPRESENTATION BY COUNSEL; INTERPRETATION: Each party acknowledges that it has been represented by counsel or has had the opportunity to be represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule or law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the party that drafted it has no application and is expressly waived by such parties. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the intent of the parties hereto.
AGREED AND ACCEPTED:
________________________ ________
(Member signature) Date
________________________
(Member name)
________________________
________________________
(Member address)
________________________
(Member telephone number)
________________________
(Member e-mail address)
COUNTER-SIGNED:
______________________ ________
Aqua-Direct Date
Authorized Representative, Signature
_______________________
Aqua-Direct
Authorized Representative Name
