MEMBERSHIP TERMS AND CONDITIONS

Freedom Boat Club Toronto

REVISED AND ADOPTED ON May 1, 2022

These Membership Terms and Conditions (the “Terms”) establish the terms and conditions for membership in furtherance of the Membership Agreement (the “Agreement”), by and between Freedom (as defined in the Agreement) and the undersigned member(s) (the “Member(s)”). The Terms are subject to modification at any time by Freedom. 

1. MEMBERSHIP

1. ELIGIBILITY. In order to be a Member(s) in good standing and therefore eligible to reserve or operate a boat at Freedom (a “Freedom Boat”), an individual must: (a) be a Member(s) of Freedom (executed a Member Agreement), (b) be 21 years of age or older ,(c) have successfully completed the New Member Orientation training and any Ontario certifications, if required (d) have paid all amounts then due to Freedom, and (e) be in compliance with all terms of the Agreement and the Terms.  
   
   

2. SUSPENSION OR IMMEDIATE TERMINATION. Freedom or Freedom’s successor in interest may suspend the 
   Membership by prohibiting a Member(s) from reserving or operating a Freedom Boat and/or may immediately terminate the Member(s)’ Membership (as defined in the Agreement) if Member(s), in the sole discretion of Freedom: 

   1. Has a delinquent account,

   2. Allows a non-member to operate a Freedom Boat,

   3. Breaks any Provincial Law or Regulation including, but not limited to, consumption of alcohol while boating,

   4. Operates a Freedom Boat in an impaired condition,

   5. Uses inappropriate language or behaves in a manner which is unbecoming towards another Freedom Member, 
      Member(s)’ party, or Freedom employees,

   6. Is consistently discourteous in demeanor,

   7. Has frequent boating mishaps, reckless operation, or repeat late arrivals,

   8. Fails to adhere to the Rules and Regulations of Operation (“Rules”),

   9. Engages in a business or activity injurious to Freedom,

   10. Uses a Freedom Boat for a commercial purpose.

   11. Upon any other breach of the Agreement by Member and/or any applicable terms and conditions; or

   12. Upon a termination or expiration of Freedom’s franchise agreement with franchisor 

3. RESERVATION PRIVILEGES. Member(s) shall be provided with a login and password for access to the online reservation system for Freedom Boats at: https://reservations.freedomboatclub.com. Freedom reserves the right to substitute, alter, or cancel any Reservation for any reason. Unless restricted due to local conditions, Reservations are generally available sunrise to sunset.  Subject to the limitations below, Member(s) shall be entitled to reserve a Freedom Boat as follows: 

• Sessions: A “Session” is a period of use of one Freedom Boat during the following time periods which may vary by vessel:

   

  9:00AM - 2:00PM

  3:00PM - 30 minutes before sunset

   

  9:00AM - 12:30PM

  1:00PM - 4:30PM

  5:00PM - 30 minutes before sunset

   

  *Session times are subject to change to better accommodate the Membership

• Number: At any given time, the Member(s) holding the Membership are permitted to have a total aggregate number of reserved Sessions (“Reservations”) as indicated in the membership terms above. Member(s) under the same Membership may have only one Reservation per Session.
• Weekend Sessions: At any given time, the Member(s) holding the Membership are permitted to have a total aggregate number of reserved Weekend Sessions (“Reservations”) as indicated in the membership terms above.
• Advance Reservations: Reservations may be scheduled up to sixty days in advance.
• Availability: Reservations are subject to availability and managed on a first-come, first-served basis. Selection of Sessions and Freedom Boats will be limited and are not guaranteed.
• Club: Except as set forth below, Member(s) will only be able to reserve Sessions in the “Club” designated in the Agreement

4. RESERVATION WAITLIST. After a Freedom Boat is reserved for a particular Session, Freedom shall maintain a waitlist. Using the online reservation system, a Member(s) can add themselves to an unlimited number of waitlists at any location.  

 

5. SAME-DAY USAGE. Additionally, Member(s) shall have unlimited use of Freedom boats on an as-available, stand-by, same-day usage basis, except on days when Freedom is closed. Member(s) may call the dock location on the morning of desired use to check availability. 

 

6. LOCATIONS AND AVAILABILITY. Freedom retains the right to add, reduce, and move both Freedom Boats and club locations. Freedom also retains the right to close a club location on certain days and reduce operational hours seasonally. Failure to use Freedom Boats shall not relieve Member(s) of the obligation to pay Monthly Fees. 

 

RESERVATION USE.  If a Member(s) anticipates arriving later than one hour after a Reservation’s scheduled start time, the Member(s) must so indicate at the time the Reservation is scheduled, or call the dock phone to advise of a delayed arrival. If a Member(s) fails to provide timely notification of delayed arrival, the Reservation may be cancelled in favor of a Member(s) standing by or a Member(s) on the waitlist.  A $200.00 processing fee may be charged for failure to cancel a reservation. If a Member(s) fails to timely return a Freedom Boat by the end of the Session, Freedom may charge a late fee of up to $150.00 per half-hour. 

 

7. RECIPROCAL BOAT USAGE. (if applicable for your membership plan): Each Club is an independently owned and operated business. An agreement between Club owners allowing for reciprocal boat usage allows Member(s) to use Freedom Boats in clubs other than the Club in which the Member(s)’ Primary Location is located (a “Reciprocal Club”) on an as available basis, with no more than four (4) Sessions per location per year. Before using a Freedom Boat in a Reciprocal Club, Member(s) must make a reservation through the web-based online reservation system. When using a Freedom Boat in a Reciprocal Club, Member(s)shall abide by the Rules of Operations, and Legal Terms and Conditions that apply in that Reciprocal Club, which may differ from the Terms of the Agreement set forth by Member(s)’ Club, and may require additional training, which may require additional fees. Not all Boats in a Reciprocal Club may be available for use. 

 

 

8. TRANSFERABILITY OF MEMBERSHIP. The Membership and its privileges shall not be transferable by Member(s) to any other person or entity. Additionally, membership agreements are not amendable.

 

9. RELOCATION OF MEMBERSHIP A Member(s) in good standing for one year or more may change the Member(s)’ Primary Location to a location in another Club by paying a transfer fee of $500.00 USD to the Club owner holding the rights to the Club into which the Membership is being transferred, executing a membership agreement with the Club owner with rights to the Club where the new Primary Location is located, and thereafter paying monthly fees at the rate then in effect in the Club into which the membership is being transferred (a “Membership Transfer”).  The Member(s) is responsible to initiate the Membership Transfer by contacting the Member(s)’ Primary Location.  All Membership Transfers are subject to availability at the Club to which a Membership is to be transferred.  Member acknowledges that Freedom may sell or otherwise transfer the Club in the future to a third party to operate the Club as a Freedom Boat Club business (“Ownership Change”).  Freedom or the transferee may notify Member of an Ownership Change by email or by posting notice in the reception area of the Club, which will cause Member’s payment arrangements to be automatically updated as a result of the Ownership Change.  This Agreement and the Membership is exclusively for the Freedom Boat Club system of boat clubs and is only transferrable by Freedom via an Ownership Change to another franchisee of the Freedom Boat Club franchise system or to the then-current franchisor of the Freedom Boat Club franchise system in accordance with the terms of Freedom’s franchise agreement and its operating standards. 

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B. RULES OF OPERATION

 

In presenting these Rules of Operation to you, as a Member(s) of a Freedom Boat Club location, 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. ELIGIBILITY. In order to reserve or operate a Freedom Boat in the Club, you must be a Member(s) in good standing in your home Club and be certified as indicated below and as required by law. 

2. IMPAIRED OPERATION PROHIBITED. Operation of a Freedom Boat in an impaired condition is strictly prohibited and shall result in the suspension or termination of Member(s)’ Membership, as deemed appropriate in Freedom’s sole and absolute discretion. Additionally, Member(s) are advised that the insurance coverage provided to Member(s) severally limits or eliminates coverage for claims when alcohol or drugs are a contributing factor. All legal obligations in this regard shall be enforced to the full extent of the law, which may include significant fines and/or jail time. 

 

3. BOAT USAGE. Boat usage is subject to the following requirements and restrictions.

• Training.  Member(s) must have completed the required training level as set forth by the club prior to reserving any Freedom Boat.

• Check-out and Check-in.  Before and after boating, a Member(s) must complete the Check Out and Check In procedures ON SITE.

• Condition of vessel.  It is the Member(s)’ responsibility to return each Freedom Boat in the same condition as when it was checked out, i.e., in shipshape condition.  Fish may not be cleaned onboard any Freedom Boat.

• Fishing.  Fishing is only permitted on designated boats.

• Restricted Access.  Irrespective of training level, under certain circumstances including but not limited to weather and/or water conditions, Member(s) may be restricted from taking a Freedom Boat into certain areas without permission from the dock manager on duty the day of boating.  Water Sports. Water-sports activities such as water-skiing, knee boarding, wake boarding and tubing are only allowed from specific Freedom Boats. If unsure, check with the reservationist or with the dock manager.

• Pets. Pets are allowed on Freedom Boats but must be under proper control at all times. Any damage caused by a pet will be charged to the Member(s). Freedom reserves the right to refuse access of any aggressive animal.

• Commercial use.  Under no circumstances may Freedom Boats be used for any commercial purpose.

4. VESSEL TYPES AND TRAINING. Certain orientation, certification usage limits may apply to certain vessels as determined by the club

5. RESPONSIBILITY. The Member(s) shall be solely and exclusively responsible for any loss or damage to a Freedom Boat or accessory equipment from the time of check-out up to and including the time of proper check-in. At no time shall Member(s) allow anyone other than a Member to operate any Freedom Boat. By virtue of Freedom's Hull & Machinery insurance policy, under which each Member(s) is an additional insured, a Member(s)’ liability to Freedom is limited to the greater of either 2% of boat’s insured value or $2,500.00 USD for each covered claim (plus any applicable sales tax per boat per incident) when the Member(s) fully complies with the Terms as well as the terms of the insurance policy. 
Additionally, the Member(s)’ deductible is limited to $2,500.00 USD per occurrence for covered bodily injury or property damage to a third party when the Member(s) fully complies with the Terms, as well as the terms of the insurance policy. Any damage that occurs while a Freedom Boat is in Member(s)’ possession will be noted at check-in, and the cost of repair will be charged to Member(s). However, some damage, particularly damage to the engine (i.e., damage caused by running the engine with rope or line entangled in the prop or at a high rpm), may not be realized at the time of check-in. If damage is discovered after check-in and Freedom deems the Member(s) to be responsible, the Member(s) will be billed for all costs of repair to restore the Freedom Boat to the same condition as originally delivered to Member(s). At Freedom's sole discretion, Freedom may require the Member(s) to attend a meeting to discuss the damage and/or take any other action deemed necessary, including suspension or termination of Member(s)’ Membership. For the avoidance of doubt, these limitations do not apply to claims not covered by insurance. 

 

6. PARKING. Due to the limited parking at some locations, there may only be accommodations for one vehicle per Reservation. It is Member(s)’ responsibility to check the website and/or reservation system for any restrictions. Member(s) shall be respectful of other members and local businesses when parking. 

 

7. TOWING. Freedom will be responsible for reasonable towing charges as defined by Freedom i.e., mechanical failures, other service issues, etc. Member(s) shall be responsible for all towing charges necessitated due to operator error including but not limited to grounding. Member(s) is responsible for all towing charges beyond 20-miles from the port of original departure. Member(s) are strictly prohibited from taking another vessel under tow and advised that damage caused as a result of same is not covered by Freedom’s Hull & Machinery insurance. 

 

8. FEES.

• Membership Pause Fee. $100.00 per month
• Reservation NO SHOW. $200.00 per reservation
• Damage Caused in NO GO Zone. $300.00 plus cost of vessel repair
• Speeding in NO WAKE Zone. $100.00 first occurrence, $200.00 each additional occurrence
• Late Return. $150.00 per 30 minutes

(legal terms and conditions follow on subsequent page)

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C. LEGAL TERMS AND CONDITIONS

 

1. INDEMNIFICATION, RELEASE OF CLAIMS AND ASSUMPTION OF RISK. Member(s) recognizes that the operation of a boat is an inherently dangerous activity with risks and dangers including but not limited to changing weather, tidal or water current conditions; impact or collision with boats or other water-based conveyances, other persons, water-way bottom, hidden and/or submerged obstacles; prolonged exposure to cold water, solar radiation, dehydration, hypothermia; drowning and negligence of other persons. Operation of a boat requires training and experience and has both obvious and non-obvious dangers associated with it. Member(s) acknowledges that many such dangers produce increased risk of physical injury and/or death to Member(s), 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(s) knowingly accepts sole and exclusive responsibility at all times for the safety of all persons and property on board a Freedom Boat, and all persons who may come in contact with the Freedom Boat, including Member(s), Member(s)’ passengers, and the public in general. For purposes of personal injury claims, a Member(s) may be automatically deemed to be an additional insured on Freedom's Hull & Machinery and Protection & Indemnity policy(ies) subject to the Co-Assured Clause and may be afforded the same coverage and protection afforded Freedom under such an insurance policy. MEMBER(S) 
ACKNOWLEDGES THAT FREEDOM’S INSURANCE COVERAGE IS FOR THE MEMBER(S) AND GUESTS ONLY WHILE THE MEMBER(S) IS OPERATING (PILOTING) THE BOAT. INSURANCE COVERAGE DOES  NOT APPLY IF ANY NON-MEMBER(S) IS OPERATING A FREEDOM BOAT. MEMBER(S) AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD FREEDOM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND 
AGENTS HARMLESS FROM AND AGAINST ALL 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, FORESEEN OR UNFORESEEN, PATENT OR LATENT (COLLECTIVELY, “CLAIMS”) ARISING FROM OR RELATING TO THE USE OR OPERATION OF A FREEDOM BOAT IN VIOLATION OF THE MEMBERSHIP AGREEMENT AND THESE TERMS. THIS RELEASE, DUTY TO DEFEND AND INDEMNIFICATION OF FREEDOM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL EXTEND TO ANY CLAIMS OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION, INCLUDING NEGLIGENCE OF FREEDOM,  ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. MEMBER(S) FURTHER ACKNOWLEDGES THAT FREEDOM IS NOT RESPONSIBLE FOR CLAIMS RESULTING FROM OR ARISING OUT OF (I) THE ACTS OR OMISSIONS, INCLUDING NEGLIGENCE OF FREEDOM OR ANY THIRD PARTIES; OR (II) MEMBER(S)’ OPERATION OF THE  FREEDOM BOAT AND RELATED WATER SPORT ACTIVITIES, INCLUDING WITHOUT LIMITATION, SWIMMING, DIVING, SNORKELING, WATER-SKIING, KNEE BOARDING, WAKE BOARDING AND TUBING. MEMBER(S) SHALL NOT ENGAGE IN SUCH WATER SPORTS ACTIVITIES ON ANY FREEDOM BOAT UNLESS SUCH FREEDOM BOAT HAS BEEN SPECIFICALLY DESIGNATED AS ALLOWING FOR WATERSPORTS ACTIVITIES. THE MEMBER(S) SHALL HOLD FREEDOM HARMLESS AND SHALL INDEMNIFY FREEDOM AGAINST ANY CLAIMS BY ANY PERSONS ARISING FROM SUCH WATER SPORT ACTIVITIES, REGARDLESS OF WHETHER SUCH ACTIVITIES ARE PERMITTED ON THE FREEDOM BOAT.  

 

2. STATUS. The Agreement and the Terms give Member(s) a limited, revocable license for the use of Freedom Boats during Sessions reserved by Member(s) in accordance therewith. Member(s) acknowledges that nothing contained therein is intended or shall be construed to create any rights of ownership, legal or equitable, in Freedom, its stock, or its assets, including Freedom Boats. 

 

3. COMPLIANCE WITH LAWS AND ORDINANCES. Member(s) 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(s) shall also comply with (a) all requirements of any insurance companies providing insurance for Freedom Boats; and (b) the rules and regulations of any marina or other docking facility in which Freedom Boats are located. 

 

4. DEFAULT. Each of the following shall constitute an event of default by Member(s) under the Agreement: (a) failure by Member(s) to pay the full amount of any payment obligation hereunder when due; (b) failure of Member(s) to abide by and adhere to these Terms, as well as any rules or regulations of the marina where Freedom Boats are docked, as now in effect or as hereafter amended; and (c) the failure or inability of the Member(s), as determined by Freedom, in its sole discretion, to operate a Freedom Boat (i) in a safe, alert, and cautious manner; (ii) exercising due caution to protect the boat and engine from damage, (iii) within any operational requirements or limitations published by Freedom, (iv) in a manner that does not pose a nuisance upon the seas; or (v) in a manner that does not pose substantial risk of personal injury, death and/or property damage. No waiver by Freedom with respect to any prior default shall constitute a waiver of Freedom's rights with respect to any subsequent default. 

 

5. REMEDIES ON DEFAULT. Upon the occurrence of any event of default by Member(s), Freedom may in its sole discretion 
(a) elect to terminate all membership rights of Member(s) hereunder (b) declare any portion of the Membership Initiation Fee which has been financed by Freedom, and any finance charges accruing thereon prior to the date of termination, and all accrued fees and other charges to be immediately due and payable; and/or (c) exercise any other legal or equitable remedies available to Freedom in the event of Member(s)’ default. In the event of any arbitration or legal proceedings brought by any Party to construe or enforce the provisions of the Agreement, or in the event there is any arbitration or other litigation which arises from or relates to the Agreement and/or the operation of a Freedom Boat by Member(s), the prevailing Party shall be entitled to an award in its favor and against the non-prevailing Party in the amount of its reasonable attorneys’ fees, costs, and expenses incurred in any such arbitration or legal proceeding. Member(s) and Freedom 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 Ontario, Canada; and (b) consents to personal jurisdiction in any such suit, action, arbitration or legal proceeding in Ontario, Canada. 

 

6. ARBITRATION OF DISPUTES. Any dispute (whether in contract, tort, statutory, or otherwise) arising under or relating in any way to (a) the Agreement; (b) these Terms; (c) the Membership, (d) Member(s)’ use of any Freedom Boat; or (e) any other dealings between Member(s) and Freedom, including but not limited to any Claims shall be submitted to binding arbitration in Ontario 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 Freedom and Member(s) within twenty (20) days following the initiation of arbitration hereunder, or, absent such agreement, by appointment by  the American 
Arbitration Association (AAA). The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. §§ 116, 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. 

 

 It is the intent of the Parties that any arbitration shall be concluded as quickly as reasonably practical. 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. 

 

7. JURY TRIAL WAIVER. It is the intent of the parties that any dispute of any kind whatsoever between the parties to the Agreement shall be settled and finally determined in arbitration before the American Arbitration Association ("AAA") in accordance with Section 6. HOWEVER, IN THE EVENT IT IS DETERMINED THAT A DISPUTE BETWEEN THE PARTIES IS TO BE RESOLVED IN A COURT OF LAW, MEMBER(S) AND FREEDOM EACH 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 THE AGREEMENT AND TERMS OR ARISING OR RELATING IN ANY WAY TO M EMBERSHIP IN FREEDOM. 

 

8. LIMITATIONS OF LIABILITY AND WAIVER OF WARRANTIES. FREEDOM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE EXPRESSLY INCLUDED IN THE AGREEMENT OR THESE TERMS. MEMBER(S) ACKNOWLEDGES AND UNDERSTANDS THAT ALL FREEDOM BOATS MADE AVAILABLE FOR USE TO MEMBER(S) ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FREEDOM MAKES NO REPRESENTATIONS OF WARRANTIES AS TO THE QUALITIES, CAPACITY, OR OTHER ATTRIBUTES OF ANY OF PRODUCT OR MATERIAL WHICH MAY BE FURNISHED TO OR UTILIZED BY MEMBER(S) PURSUANT TO THE AGREEMENT AND TERMS AND ANY REPRESENTATIONS OR WARRANTIES WHICH MAY BE MADE OR UPON WHICH MEMBER(S) MAY RELY ARE EXCLUSIVELY THOSE OF THE MANUFACTURERS OF SAID PRODUCT OR MATERIALS. FREEDOM SHALL NOT BE RESPONSIBLE OR LIABLE AT ANY TIME FOR LOSS OR DAMAGE TO PERSONAL PROPERTY OF MEMBER(S) OR ANY OF MEMBER(S)’ FAMILY, GUESTS, INVITEES, OR ANY THIRD PARTY ABOARD A FREEDOM BOAT. FREEDOM SHALL NOT BE RESPONSIBLE OR LIABLE TO MEMBER(S) FOR ANY DEFECT, PATENT, LATENT, OR OF ANY TYPE OR NATURE IN ANY F R E E D O M BOAT OR ANY EQUIPMENT, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH ANY FREEDOM BOAT, NOR SHALL FREEDOM BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS CAUSED BY OR RESULTING FROM ANY DEFECT, NEGLIGENCE, ACT, OR OMISSION  IN THE  CONSTRUCTION, MAINTENANCE, OPERATION, OR USE OF ANY F R E E D O M BOAT, OR ANY EQUIPMENT, FIXTURES, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH ANY FREEDOM BOAT. MEMBER(S) FURTHER ACKNOWLEDGES AND AGREES THAT MEMBER(S) IS WAIVING AND RELEASING ANY AND ALL CLAIMS WHICH MEMBER(S) COULD MAKE AGAINST FREEDOM, ITS PARENT AND AFFILIATES, OR ANY OFFICER, DIRECTOR, EMPLOYEE, MEMBER(S) OR AGENT OF FREEDOM FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS ARISING FROM ANY DEFECT, PATENT OR LATENT IN ANY BOAT OR ANY EQUIPMENT, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH BOAT. MOREOVER, MEMBER(S) SHALL INDEMNIFY AND DEFEND FREEDOM FROM ALL CLAIMS, RESPONSIBILITY, LIABILITY, LOSS, OR DAMAGE ASSERTED BY ANY OF MEMBER(S)’ FAMILY, GUESTS, INVITEES, OR ANY THIRD PARTY ABOARD A FREEDOM BOAT FOR BREACH OF ANY WARRANTIES OR LIABILITIES DISCLAIMED BY FREEDOM HEREIN.  MEMBER(S) HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASES, FOREVER DISCHARGES, AND AGREES NOT TO SUE OR BRING OTHER LEGAL ACTION AGAINST FREEDOM OR ANY RELATED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY NATURE WHETHER CURRENTLY KNOWN OR UNKNOWN, WHICH THE MEMBER(S), HAS OR WHICH COULD BE ASSERTED ON BEHALF OF THE MEMBER(S) IN CONNECTION WITH MEMBERSHIP, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE, BREACH OF WARRANTY, AND/OR BREACH OF CONTRACT.   
 
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL FREEDOM BE LIABLE OR RESPONSIBLE TO MEMBER(S) (OR MEMBER’S FAMILY, GUESTS, INVITEES, OR ANY THIRD PARTY ABOARD A FREEDOM BOAT) FOR ANY TYPE OF INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.  MOREOVER, FREEDOM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RESULTING FROM THE AGREEMENT, THESE TERMS, THE MEMBERSHIP, MEMBERS’ USE OF ANY FREEDOM BOAT, OR ANY OTHER DEALINGS BETWEEN MEMBER(S) AND FREEDOM, SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO FREEDOM BY MEMBER(S) UNDER THE AGREEMENT, REGARDLESS OF WHETHER LIABILITY IS ASSERTED TO ARISE IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LAW.

 

9. FORCE MAJEURE. Freedom 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, pandemic, 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 Freedom. 

 

10. DATA PROTECTION. Personal information collected by Freedom through this Agreement, at the time of booking, or any other subsequent information is held in its original form and digitally.  
 
Freedom is the data controller for the purposes of the applicable data privacy law (e.g., California Consumer Privacy Act, GDPR, United Kingdom General Data Protection Regulation, etc.) and will process personal information in accordance with applicable laws, privacy notices, and/or policies. Personal information may also be shared with Freedom Franchise Systems, LLC, its parent, subsidiaries, and/or affiliates in accordance with the privacy policies and notices that can be accessed on www.brunswick.com, which contains further detail about the processing of data, as well as Member(s) associated rights under the applicable data privacy laws.    

 

11. NON-REFUNDABLE PAYMENTS. ALL AMOUNTS PAID BY THE MEMBER(S) PURSUANT TO THIS AGREEMENT, WHETHER BY WAY OF DEPOSITS, MEMBERSHIP FEES, INSTALLMENT PAYMENTS, OR OTHERWISE, ARE IMMEDIATELY EARNED BY FREEDOM AT THE TIME OF PAYMENT, ARE NONREFUNDABLE AND SHALL NOT BE SUBJECT TO CLAIM FOR REFUND FOR ANY CAUSE WHATSOEVER SUBJECT TO ANY LOCAL LAWS.  
 
LATE PAYMENTS. LATE CHARGES OF 1.5% PER MONTH MAY BE ASSESSED ON  PAST-DUE ACCOUNTS.  

 

12. ASSIGNMENT OF PROCEEDS. Freedom may assign its right to receive any deferred payment obligations, fees or any other sums that may be due or become due to Freedom pursuant to the Agreement. Upon written notice to Member(s) of any such assignment, all sums assigned shall be payable directly to the assignee at the address designated. 

 

 

13. BINDING EFFECT; ENTIRE AGREEMENT; MODIFICATIONS. If any provision of the Terms is declared invalid or unenforceable for any reason, the remainder of the Terms shall not be affected and shall remain in full force and effect. These Terms are binding upon the Member(s) and each Member(s)’ heirs, legal representatives, successors, and permitted assigns, and shall be governed by the internal procedural and substantive laws of the Province of Ontario without regard to any conflict of law provisions. Each Member(s) acknowledges that the Agreement, and the Terms contain the entire agreement between the Member(s) and Freedom and there is and can be no other oral or written agreement or understanding, unless the same is set forth in a writing signed by an officer of Freedom. Any such waiver or consent shall be effective only for the specific instance and for the specific purpose given. Notwithstanding the foregoing, the Terms may be unilaterally changed by Freedom from time to time. There are no collateral understandings or agreements other than those contained herein, and Member(s) understands and agrees that there are no terms, conditions, statements, warranties, or representations, oral or written, not contained in the Agreement and Terms. These Terms 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. 

 

14. FREEDOM MODIFICATIONS. Member(s) agrees to abide by these Terms, as promulgated and from time to time modified by Freedom. Changes in these Terms shall become effective upon adoption by Freedom. A copy of the revised Terms will be available at each Freedom location and on the reservation system.  

 

REVISED AND ADOPTED ON May 1, 2022

            

MEMBER(S) ACKNOWLEDGES RECEIPT OF THESE TERMS AND CONDITIONS OF MEMBERSHIP AND AGREES TO BE BOUND BY THE OBLIGATIONS CONTAINED HEREIN. MEMBER(S) FURTHER ACKNOWLEDGES AND REPRESENTS THAT THE AGREEMENT AND THE TERMS AND CONDITIONS OF MEMBERSHIP CONTAIN RELEASE, INDEMNITY AND ARBITRATION PROVISIONS; THAT MEMBER HAS READ AND UNDERSTANDS THE AGREEMENT AND THE TERMS AND CONDITIONS OF MEMBERSHIP; AND THAT MEMBER HAS NOT RECEIVED ANY REPRESENTATIONS AND IS NOT RELYING ON ANY STATEMENT, PROMISE, CONDITION OR STIPULATION NOT SPECIFICALLY SET FORTH IN THE AGREEMENT OR THE TERMS AND CONDITIONS OF MEMBERSHIP. 

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