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D/B/A Freedom Boat Club (FBC)
1808 Rettering Ct ~ Modesto, CA 95355 ~ (209) 531-6996
Rules and Regulations - Membership Agreement

In presenting these Rules and Regulations 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 adaptation of these Rules.

1. A Member of FBC must be 21 years of age, have a valid California Safe Boating Card, have signed the agreement and have successfully completed the New Member Orientation and Advanced Boat Operations training (when required) all prior to being allowed to reserve or operate club boats. Member's account must be current and Member must be in compliance with all Agreement terms and Rules and Regulations in order to place a reservation. FBC may prohibit a Member from reserving or operating a FBC boat or may terminate the membership, in the sole discretion of FBC, if any of the following occur:

A. Member's account is delinquent.
B. Allowing a non-member to operate an FBC boat (see rule #8 below).
C. Operating an FBC boat in an impaired condition (see Rule #2 below).
D. Member has used language or has behaved in a manner which is unbecoming to the FBC Member, his party, FBC employees or is discourteous in demeanor.
E. Frequent boating mishaps or reckless operation.
F. Failure to adhere to the Rules and Regulations.
G. Member engages in a business or activity injurious to Freedom Boat Club.

2. Operation of a boat in an impaired condition is strictly prohibited and will result in membership termination. It may result in serious injury to others and damage to the boat or to other boats. Our insurance policy severely restricts coverage in such instances where alcohol/drugs are involved.

3. RESERVATION PRIVILEGES: "Freedom" Plan members shall have unlimited unscheduled reservations. However, no more than four at any given time scheduled up to six months in advance, two of which may be weekend reservations. "FBC Lite" members will receive 2 advance reservations at a time, one of which may be a weekend reservation. Specific membership plan details are outlined in the separate Member Agreement signed by each member upon joining. Selection of dates, times and boats are subject to availability and managed on a first-come, first-served basis.

Boating reservation times are defined below:

Monday: Closed (except for FBC designated holidays)

Tues-Sun: Sunrise to 3:30pm (ELITE membership only on select fishing boats) - 2 res

10am to 7pm/Dusk - 2 res

9:30am to 1:30pm - 1 res

3pm to 7pm (Delta clubs only) - 1 res

Our Delta club locations (Stockton and Discovery Bay) are seasonal clubs open from April 1 through October 15 (dates subject to change). All other clubs are currently open year round except for our annual shut down during the December holiday season.

Early checkouts and full day bookings require two reservations. Half-day bookings require one reservation. No more than 2 weekend reservations are allowed at any given time.

Early checkout is available for eligible ELITE Members wishing to take certain fishing boats out of certain club locations. An early checkout requires two reservations and the boat is due back before 3:30pm.

If you are late returning a boat, FBC will charge a late fee of $35.00 per half-hour increment, beginning one minute past the reservation end time.

There is a $35 charge for same day cancellation. As long as the reservation is cancelled by 5pm the day before the scheduled trip, there will not be a cancellation fee charged.

"Freedom Elite" members are eligible to reserve Elite class boats without paying an additional daily rate. Members who opt for a membership other than "Freedom Elite" may still use Elite Class boats by paying a $200 daily rate on an as available same-day basis. Members will be charged the daily rate in addition to the standard membership dues for use of Elite class boats. The $200 fee will be charged the day of use. Use of these boats is completely optional. All membership types are eligible to access Elite class boats.

ADDITIONAL RESERVATION PRIVILEGES: Freedom Plan Members shall have unlimited use of FBC boats on an as-available, stand-by, prior-day reservation basis, except on days when FBC is closed. Member may call the dock phone within 24 hrs of desired use to check availability. FBC will be closed: Thanksgiving Day, December 24 through New Year's and the Annual Employee Meeting day usually held in Q3 each year. FBC retains the right to move, add or reduce boats, alter style of boats and move FBC club locations. FBC also retains the right to close a location on certain days due to inclement weather or reduced seasonal operational hours. Failure to use boats shall not relieve Member of any liability for payments due FBC.

4.RESERVATIONS: Reservations can be made up to 36 hrs in advance through our Online Reservation System. Reservations made within 24 hrs must be made by calling the dock phone. As long as we have boats and staff available we will attempt to honor spur of the moment requests for eligible members. FBC reserves the right to substitute, alter, or cancel boats that are reserved or scheduled by a Member. Members must arrive within 60 minutes of their confirmed arrival time or their reservation may be cancelled or assigned to another member. Same day cancellation (or failure to cancel a reservation) will result in a $35.00 cancellation fee.

5. OVERNIGHT BOAT RETENTION: In order for a member to retain a boat overnight, a two day concurrent reservation must be in place and final approval provided by FBC management. Member agrees to keep the boat at a proper dock and further agrees not to be on the water from sunset to sunrise. Only certain boats are eligible to be kept overnight. FBC management reserves the right to deny a request for any reason. Overnight boat retention cannot be arranged by the dock staff on duty or via the Online Reservation System. There will be a $50/night cleaning charge for keeping a boat overnight.

6. FRANCHISEE BOAT USAGE: Franchisees of FBC are independent businesses that pay a royalty to FBC to use the Freedom name. Effective June 1, 2009 the reciprocal boat usage agreement between FBC and its Franchisees allows only Year-Round Plans, Friends & Family Plans, Corporate Plans and Monday-Friday Plans to use Franchise locations on an as-available basis. Four boat uses per location each year. Before boating at a Franchise location, Members must use the Online Reservation System to make the request. When using FBC Franchise boats, member agrees to abide by individually owned FBC Franchise Rules and Regulations which may be different than these Rules and Regulations.

7. BOAT USAGE PRIVILEGES: Before and after boating, a Member must complete the Check Out/Check In procedures.

Additionally, orientations/certifications are required for certain types of boats offered in the club before usage may occur. Fishing is only allowed in boats specifically designated for such use. Use of wakesurf boats, cabin cruisers, bowriders or RIBs for fishing activities is strictly prohibited. Beaching of boats and tying to other boats is strictly forbidden due to likelihood of damage. Certain areas of Frank's Tract are prohibited due to shallow water and hidden underwater obstructions. Permission to boat in Frank's Tract must be obtained from the dock manager prior to boating that day and is only granted for that specific day. Boating in Marin Keys is strictly prohibited. Boating to the Farallon Islands is strictly prohibited. Members are not eligible to boat further than 25 miles from the boat's home port or boat outside of line of sight of the mainland. Boats must be returned from the same location they are picked up from.

It is the Member's responsibility to return a boat in the same condition as when the boat left the dock, i.e. in shipshape condition. Fish may not be cleaned on board any FBC boats.

Water-sports activities such as water-skiing, knee boarding, wake boarding, wake surfing and tubing are only allowed from specific FBC boats. Attaching any external "wave making" devices onto any of the boats is strictly forbidden. Please check with your dock manager if you plan to engage in any watersports activities.

Smoking or drug use of any kind including vaping is forbidden on all FBC boats,

Pets are allowed on certain FBC boats but must be under proper control at all times. Pets are not allowed on boats with cabins. Any damage caused by a pet will be charged to the member. FBC reserves the right to refuse access of any animal for any reason.

FBC boats may not be used for any commercial purpose.

8. RESPONSIBILITY FOR BOAT: The Member shall be solely and exclusively responsible for any loss or damage to FBC boat and accessory equipment from the time that such boat and accessory equipment is furnished to Member up to and including the time of its proper check in to FBC. At no time shall Member allow anyone other than a Member to operate any FBC boat. By virtue of FBC's Hull & Machinery insurance coverage, in which each Member is an additional insured, a Member's liability to FBC is limited to the greater of either 2% of boat insured value or $2,500.00 for each covered claim (plus sales tax per boat per incident). If operating a boat in an impaired condition is a contributing factor in an accident, there is no deductible, the member is fully responsible. Please note there is a separate $2,500.00 deductible for liability. Total out-of-pocket risk to the member is $5,000 if both a hull/machinery AND liability claim are filed. Any damage that occurs while a FBC boat is in Member's possession will be noted at check-in and charged once the estimate is complete. The decision of the club to postpone the repair does not relieve the member of payment. 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. The minimum charge for gel coat damage is $350, regardless of how minor. If damage is discovered after check-in, and FBC deems the Member to be responsible, the Member will be billed for all damage/cost incurred by FBC to restore the FBC boat to the same condition as originally delivered to Member. At FBC's sole discretion, Member may be denied boat usage until additional training is completed, and/or payment is received and/or damage has been repaired. In addition, FBC may require the Member to attend a meeting to discuss the damage, and FBC, at its sole discretion, may take any action deemed necessary including suspension or termination of membership.

9. TOWING: FBC will be responsible for reasonable towing charges as defined by FBC i.e. mechanical failures, other service issues, etc. Every boat carries a TowBoat US membership to cover a majority of tow charges that may occur. Additional tow related charges not covered by the tow policy (salvage operations, grounding, towing over 25 miles, etc) will be the responsibility of the member.

10. INJURY AND DAMAGE TO PROPERTY: Member recognizes that the operation of any boat 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 boat and regardless of the proper maintenance and condition of the boat. Accordingly, Member knowingly accepts sole and exclusive responsibility at all times for the safety of all persons and property on board the FBC boat, and all persons who may come in contact with the FBC boat, including Member, Member's passengers and the public in general. For purposes of personal injury claims, a Member is deemed automatically to be additional assured on FBC's Hull & Machinery and Protection & Indemnity policy(ies) subject to the Co-Assured Clause, and will be afforded the same coverage and protection afforded FBC under such an insurance policy. MEMBER ACKNOWLEDGES THAT FBC’S INSURANCE COVERAGE IS FOR THE MEMBER AND GUESTS ONLY WHILE THE MEMBER IS OPERATING (PILOTING) THE BOAT. INSURANCE COVERAGE DOES NOT APPLY IF ANY NON-MEMBER IS OPERATING A FBC INSURED BOAT DURING AN ACCIDENT. MEMBER AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD FBC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, LOSS, DAMAGE, EXPENSE (INCLUDING REASONABLE ATTORNEY'S 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, FORESEEN OR UNFORESEEN, PATENT OR LATENT ARISING FROM OR RELATING TO THE USE OR OPERATION OF AN FBC BOAT IN VIOLATION OF THE MEMBERSHIP AGREEMENT OR THESE RULES AND REGULATIONS. THIS RELEASE AND INDEMNIFICATION OF FBC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL EXTEND TO ANY INJURY OCCASIONED WHOLLY OR IN PART BY ANY ACT OR OMISSION OF FBC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. Member further understands and acknowledges that FBC is not responsible for death, injury or property loss or damages resulting from or arising out of (i) the acts or omissions of any third parties or (ii) Member’s operation of the boat and related water sport activities, including without limitation, swimming, diving, snorkeling, water-skiing, knee boarding, wake boarding, wake surfing and tubing. Only specific FBC boats allow for these water-sports activities. The member shall hold FBC harmless and shall indemnify FBC against any claims by any persons arising from such water sport activities.

11. STATUS: Member's rights are for the prepaid use of FBC boats 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 boats or in FBC, its stock or assets.

12. 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 boats. Member shall also comply with all requirements of any insurance companies providing insurance for FBC and the rules and regulations of any marina or other docking facility in which FBC boats are located.

13. 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; or (b) failure of Member to abide by and adhere to the Rules and Regulations of FBC or of the marina where FBC's boats are docked, as now in effect or as hereafter amended; or (c) the failure or inability of the Member, as demonstrated to FBC, in it's sole judgment, to operate the boat 1) in a safe, alert, and cautious manner, 2) exercising due caution to protect the boat and engine from damage, and 3) within any operational requirements or limitations published by FBC, or (d) Members' use of a FBC boat in any manner that poses a nuisance upon the seas, or a substantial risk of personal injury, death and/or property damage. No waiver or indulgence by FBC with respect to any given default shall constitute a waiver of FBC's rights with respect to any subsequent default or breach.

14. REMEDIES ON DEFAULT: Upon the occurrence of any event of default by the Member, FBC may at it's option (a) 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; (b) terminate this agreement and all membership rights of Member arising hereunder, and FBC shall be entitled to retain as liquidated damages, and not as a penalty, all sums previously paid to FBC by Member pursuant to this agreement; (c) FBC 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 FBC. 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 and/or the operation of a FBC boat by Member, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses incurred in any such arbitration or legal proceeding. Member and FBC each irrevocably and unconditionally (a) agree that any suit, action, arbitration or legal proceeding arising out of or relating to this Agreement shall be brought exclusively in Modesto, CA; (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 Modesto, CA; 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 California.

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) the rules and regulations and Membership agreement of FBC, (ii) your membership in FBC, (iii) your use of any boat in connection with your membership or (iv) any other dealings between you and FBC, including but not limited to any claims for money damages or for personal injury or wrongful death shall be submitted to binding arbitration in Modesto, CA in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) by a single arbitrator. The arbitrator shall be selected by mutual agreement of FBC and Member within twenty (20) days following the initiation of arbitration hereunder, or, absent such agreement, by appointment by the American Arbitration Association (AAA). 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 15. 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 OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ARISING OR RELATING IN ANY WAY TO MEMBERSHIP IN FBC.

17. LIMITATIONS ON WARRANTIES AND LIABILITY: FBC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE INCLUDED IN THIS AGREEMENT. MEMBER ACKNOWLEDGES THAT ALL BOATS PROVIDED BY FBC 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, FBC MAKES NO REPRESENTATIONS OF WARRANTIES AS TO THE QUALITIES, CAPACITY, OR OTHER ATTRIBUTES OF ANY OF THE BOATS, 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. FBC 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 FBC BOATS USED BY MEMBER. FBC SHALL NOT BE RESPONSIBLE OR LIABLE TO MEMBER FOR ANY DEFECT, LATENT, OR OTHER DEFECTS OF ANY TYPE OR NATURE IN ANY BOAT OR ANY EQUIPMENT, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH BOAT, NOR SHALL FBC 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 BOAT, OR ANY EQUIPMENT, FIXTURES, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH BOAT. MEMBER FURTHER ACKNOWLEDGES AND AGREES THAT MEMBER IS WAIVING AND RELEASING ANY AND ALL CLAIMS WHICH MEMBER COULD MAKE AGAINST FBC, ITS PARENT AND AFFILIATES, OR ANY OFFICER, DIRECTOR, EMPLOYEE, MEMBER OR AGENT OF FBC FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM ANY DEFECT, LATENT OR OTHERWISE, IN ANY BOAT OR ANY EQUIPMENT, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH BOAT.

18. FORCE MAJEURE: FBC 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 sub¬division thereof, or for any other cause whether similar or dissimilar to those enumerated, beyond the reasonable control of FBC.

19. TRANSFERABILITY OF MEMBERSHIP: Freedom Boat Club Membership and its privileges shall not be transferable by Member to any other party. After providing FBC a minimum of 60 days notices a Member in good standing may transfer his/her membership to any existing club location by paying a transfer fee of $500 to the new club and proceed paying the new club’s monthly dues rate in effect at the time of transfer.

20. 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 NONREFUNDABLE AND SHALL NOT BE SUBJECT TO CLAIM FOR REFUND FOR ANY CAUSE WHATSOEVER. FURTHERMORE FBC HAS AN ONGOING CREDIT POLICY FOR ITS MEMBERS. LATE CHARGES OF $35 PLUS 1.5% PER MONTH (18% APR) WILL BE ASSESSED ON PAST-DUE ACCOUNTS, AND COLLECTION CHARGES AND/OR ATTORNEY’S FEES MAY BE ADDED. IF MEMBERSHIP DUES ARE NOT ABLE TO BE COLLECTED VIA ACH THEN THE MEMBER'S CREDIT CARD ON FILE WILL BE CHARGED ALONG WITH A $35 ADMINISTRATION FEE.

21. ASSIGNMENT OF PROCEEDS: FBC may assign its right to receive any deferred payment obligations, dues or any other sums that may be due or become due to FBC 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.

22. 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 California without regard to any conflict of law provisions. The parties hereby agree that this instrument 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 writing signed by all parties to this agreement. Any such waiver or consent 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 as set forth in paragraph 23. There are no collateral understandings or agreements other than those contained herein and Member understands and agrees that there are no terms, conditions, statements, warranties, or representations, oral or written, not contained herein. 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.

23. RULES AND REGULATIONS: Member agrees to abide by the Rules and Regulations promulgated and from time to time modified by FBC. Changes in these Rules and Regulations shall become effective upon adoption by FBC. A copy of the revised Rules and Regulations can be obtained by emailing your request to rfassett@freedomboatclub.com. REVISED AND ADOPTED ON September 28, 2023. [SIGNATURE PAGE FOLLOWS.]

MEMBER ACKNOWLEDGES RECEIPT OF FBC’S RULES AND REGULATIONS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED THEREIN.