BWC Canoe Rack Application and Agreement Form

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BWC Homeowner/Renter Information:
Full Name (Last, First, MI)
Street Address
Home Phone / Work Phone or Cell Phone
Watercraft Information:
Manufacturer of Watercraft
Watercraft Identification Number
Color / Length
Signature / Date
Payment: / Cash / Check / Check # ______ / Amount $ ______
APPLICANT MUST ALSO READ AND SIGN THE AGREEMENT ON THIS FORM

BWC Canoe Rack Usage Agreement

I am a BWC Homeowner/Renter in good standing and hereby certify that I am the (registered) owner of the watercraft described on this application and the street address shown is my legal address.

I hereby agree that all persons using this craft will obey all rules and regulations, both written and expressed, of the BWCPOA pertaining to use of the BWC canoe rack.

It is expressly agreed that if the above statement is shown to be false, or if any rules or regulations as defined by the BWCPOA are violated by the Homeowner/watercraft owner, or persons using the watercraft, the BWCPOA is authorized to remove the watercraft from the rack by any means necessary and the Homeowner/watercraft owner will forfeit all BWC canoe rack privileges. In case of such removal, I agree to reimburse the BWCPOA of any and all costs associated with the watercraft’s removal.

I hereby agree to reimburse the BWCPOA of any and all costs associated with the repair of damages due to negligence of use on my part, or by any person using the watercraft for which I am responsible.

I hereby agree to assume all risks incident to, or in connection with, the use of the BWC canoe rack and shall be solely responsible for all accidents or injuries of any kind.

I further agree to indemnify and hold harmless the BWCPOA, its Officers and Board Members and all other support persons from and against all claims, damages, losses and expenses resulting from the use of the BWC canoe rack according to this agreement.

IT IS FURTHER UNDERSTOOD AND AGREED that if the BWC canoe rack privileges are revoked for any of the above reasons, the usage fee will not be refunded.

Homeowner/Renter Signature / Date
ACTION TAKEN ON APPLICATION
Request for BWC Canoe Rack space is: / Approved / Denied
Reason for Denial:
______
______
Date / Rack # Assigned:

BWC Canoe Rack Assignment and Usage Guidelines

APPLICANT:

The BWCPOA will recognize only the BWC Homeowner/Renter whose signature appears on the BWC Canoe Rack Application/Agreement Form as being the responsible holder of the canoe rack space. At no time may this individual sub-lease or receive moneys for the use of their assigned rack space without acquiring the authorization from the BWCPOA Board.

ASSIGNMENTS TO BONA FIDE BWC HOMEOWNERS/RENTERS ONLY:

No assignments shall be issued to anyone except a bona fide BWC Homeowner/Renter whose has certified;to be the (registered) owner of the watercraft described on the BWC Canoe Rack Application/Agreement Form; and that the BWC street address shown is their legal address; and that the watercraft occupying the rack is seaworthy. Suitable identification of the canoe must be made in the BWC Canoe Rack Application/Agreement Form including manufacturer, identification number, color and length.

EXCHANGE OF RACKS:

Subject to approval of the BWCPOA Board and to the recording of the reassignment on file, rack holders are permitted to; 1) exchange rack assignments with each other; 2) replace a canoe with a newly purchased canoe provided the new canoe is suitable size for rack; and 3) in the event of the sale of the canoe to another BWC Homeowner/Renter, change the name of the rack assignment to the BWC Homeowner/Renter who has purchased the canoe. In the event of a transfer of the watercraft to a new BWC Homeowner/Renter, assignment of the rack to the new BWC Homeowner/Renter will continue for the remainder of the calendar year. Vacated canoes racks will be reassigned by the BWCPOA Board as they become available.

The assigned rack must be used for the entire year unless an exchange of racks is approved by the BWCPOA Board and recorded on file as required.

REVOCATION OF RACK ASSIGNMENT:

At the discretion of the BWCPOA, rack assignments for the current year may be revoked in cases where the rack remains unused without sufficient cause by the assignee for any consecutive 4-week period; or when deemed that the watercraft is abandoned, vagrant or no longer seaworthy.

ACCEPTABLE WATERCRAFT (Type and Maximum Dimensions):

In addition to canoes, the only other watercraft to meet the criteria for use of the racks are kayaks or sailboards.

No watercraft may exceed the following dimensions:

Maximum Length:18 feet

Maximum Width:33 inches

Maximum Depth:20 inches

BWC Canoe Rack Assignment and Usage Guidelines(cont’d)

SECURING OF WATERCRAFT:

It is STRONGLY RECOMMENDED that all watercraft be secured by the Assignees’ own device to the assigned rack at BOTH the front and the rear. This is to prevent the possibility of; 1) the watercraft coming loose during high winds – when this occurs, damage to other watercraft could be considered the liability of the rack assignee who failed to have the watercraft secured at both ends; 2) watercraft damage as the result of vandalism or unauthorized use; 3) theft.

BWCPOA IS NOT RESPONSIBLE FOR THEFT OR DAMAGE TO ANY WATERCRAFT STORED ON BWC CANOE RACK – WHETHER BY ACTS OF NATURE, VANDALISM, OR IMPROPER USE.

BWCPOA IS NOT RESPONSIBLE FOR PERSONAL INJURY TO ANY INDIVIDUAL CAUSED BY, OR IN CONNECTION WITH THE USE OF THE BWC CANOE RACK – WHETHER AUTHORIZED, UNAUTHORIZED, OR NEGLIGENT USE THEREOF.

LIFE PRESERVERS:

It is STRONGLY RECOMMENDED that each watercraft carry at least one (1) Coast Guard approved safety device per occupant at all times.

REFUND OF USAGE FEES:

There will be NO REFUNDS of canoe rack rental fees.

SUBSEQUENT RACK ASSIGNMENTS:

Canoe rack assignments WILL NOT be automatically carried forward from year to year. All assignees must reapply each year. Forms will be forwarded to BWC Homeowners/Renters on file at the end of each calendar year and may or may not be included with the BWCPOA Annual Dues Letters. BWC Canoe Rack Application/Agreement Forms will also be made available to new applicants requesting information. Space on the BWC canoe racks will be assigned on a first-come, first-serve basis. If there are more than 16 applications for reserving a spot on the BWC canoe racks, a lottery will be conducted for assignment of spots.

REMOVAL OF WATERCRAFT:

BWC Homeowners/Renters are responsible for the removal of watercraft when; 1) the rack space is no longer required due to sale of home or watercraft; 2) the watercraft is no longer seaworthy; 3) the BWC Homeowner/Renter is no longer in good standing; 4) the discretion of the BWCPOA dictates that the assignee,or by persons using the watercraft, is in violation of the BWC canoe rackrules or regulations as defined by the BWCPOA.

If the BWC Homeowner/Renter fails to remove the watercraft in a timely manner, the BWCPOA is authorized to remove the watercraft from the rack by any means necessary and the BWC Homeowner/Renterwill forfeit all BWC canoe rack privileges.