Rights & Responsibilities of Membership

 

Last Updated: 5.21.2025 

 

I. General Terms and Conditions

1. The Member agrees to comply with these General Terms and Conditions, including any modifications. The CBC Network Affiliate reserves the right to modify these terms at its sole discretion. Any changes to these General Terms and Conditions will become effective once the Member is notified of the modifications, through any communication method, including but not limited to the CBC Network Affiliate web app, the Member's most recent email address, or SMS message, Notice constitutes acceptance by the Member.

2. If any provision of the Membership Agreement shall be invalid, the remaining provisions thereof shall be valid, enforceable and binding upon the parties hereto and their heirs, legal representatives, successors, and permitted assigns. This Agreement contains the entire understanding or writings, which are merged herein, unless expressly described herein.

3. Member must be at least 25 years of age to operate CBC Network Affiliate watercraft.

4. Member must remain opted-in to communication from CBC Network Affiliate via SMS and e-mail messages to ensure proper delivery of important messages regarding their account and any reservations that they may have.

5. Member shall timely respond to text message reservation reminders including, but not limited to, confirming estimated time of arrival for departure from the dock, signing out of watercraft, confirmation of return to the dock and closing out a reservation, in each case, by utilizing CBC Network Affiliate's proprietary reservation management systems - ResNet.

6. By using ResNet-connected boats, users consent to the collection of telematics data (e.g., GPS location, engine diagnostics, fuel levels, and accessory monitoring) to ensure safety, compliance, and operational efficiency. This data may be shared with third-party service providers.

II. Fees & Dues

7. No Member will be allowed to use the CBC Network Affiliate's watercraft unless the Member's account is current and Member is in compliance with all Terms, and Rights and Responsibilities of Membership. This could include unpaid fuel bills, incurred service charges, repair invoices, finance payments, dues, etc. If an account becomes past due, the CBC Network Affiliate may cancel reservations and watercraft usage until charges are paid in full.

8. Members are required to have a current credit card on file and give the CBC Network Affiliate authorization to debit credit card for fuel billings, damage/repairs deemed the responsibility of member, service fees, dues and supplemental insurance payments if applicable. All charges will be automatically charged.

9. If a Member does not pay account dues or fees within five (5) days of the due date, the Member will be charged a $35 late fee and the Member will be in default under the Membership Agreement. Thereafter, Member shall incur late fees of $5 per day until all amounts then due and outstanding are paid in full where permitted by applicable law.

10. There shall be a charge of $25.00 for any payments declined or returned checks for insufficient funds plus applicable late fees.

11. Member acknowledges and agrees that the CBC Network Affiliate may report payment delinquencies by Member hereunder to consumer reporting agencies (credit bureaus) and collection agencies, and utilize any means appropriate to enforce this Agreement against Member. Member further authorizes the CBC Network Affiliate to pull Member's Department of Highway Safety and Motor Vehicle Driver License records and/or Credit History/Background at the CBC Network Affiliate's sole discretion. In the event of non-payment, the customer agrees to be responsible for all costs of collection including but not limited to collection agency fees, attorney fees and court costs.

12. Member's rights are for the prepaid use of the CBC Network Affiliate watercraft(s) 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(s) or in The CBC Network Affiliate, its stock, or assets.

13. All sums paid to The CBC Network Affiliate by the MEMBER pursuant to this agreement whether by way of deposits, membership fees, installment payments, dues, or otherwise, except where prohibited by applicable law, all payments made under this Agreement are non-refundable.

14. The CBC Network Affiliate may assign its right to receive any deferred payment obligations or dues or any other sums which may be due or become due to The CBC Network Affiliate pursuant to this Agreement. Upon written notice to Member of any such Agreement, all sums thereby assigned shall be payable directly to the assignee and at the address designated.

15. CBC Network Affiliate reserves the right to adjust the monthly membership fee paid by Member during any renewal term.

III. Boating Safety & Training

16. Member must possess a National Association of State Boating Law Administrators (NASBLA) approved Boating Safety Orientation Course certificate and successfully pass the CBC Network Affiliate's "On-the-water" Boat Handling training before using The CBC Network Affiliate watercraft. Specific boats may require additional training prior to operation.

17. Members acknowledge they have been instructed as to the proper and safe operation of the watercraft by The CBC Network Affiliate. Members acknowledge responsibility for the safe and proper behavior of all occupants, sub-users and co-members and for the safety and welfare of other boaters and persons. The CBC Network Affiliate shall carry property insurance policy for all watercraft in use from a rated insurance company providing coverage subject to deductibles and limitations. Upon signing the Membership Agreement, the Member accepts the limitations of the insurance policy and acknowledges the financial risks of membership. Member shall be responsible for an insurance deductible up to $3,500.00 for any loss or damage to watercraft and accessory equipment, from the time Member takes the watercraft, until Member returns the watercraft to The CBC Network Affiliate. Damage to watercraft which results in a repair cost in excess of $500.00 will result in the suspension of Member's right to use watercraft until the Member completes an additional training course and water training required by The CBC Network Affiliate. Insurance policy is subject to policy terms/limits and member acceptance of financial risk as outlined.

18. Member has the ability and is not required to, at Member's own cost, seek insurance coverage from Member's own insurance provider to cover any costs resulting from damages caused as a result of Member's usage of watercraft.

19. Members have the option of purchasing an insurance deductible buy down (Ride Protection) with their account. Each package contains specific features, reimbursements and deductible pricing outlined in each package, all subject to pricing, exclusions, or feature changes with written thirty (30) day notice.

20. Ride Protection plans carry a minimum term of one-year of coverage (or until your contract term is over, whichever is first). Payment can either be made in one annual payment or twelve (12) monthly installments. If a monthly payment is chosen for any given Ride Protection plan, the balance of the upfront year must be paid prior to receiving a reduced plan deductible.

21. Ride Protection coverage will auto renew after the twelfth (12th) month unless CBC Network Affiliate receives written notice to cancel within thirty (30) days of term expiration date.

22. Member shall ensure that any operators of watercraft, comply with all applicable governmental laws, ordinances, orders and regulations in force or which may thereafter be in force insofar as they pertain to use and utilization of watercraft. Member shall ensure that the operators of watercraft must also comply with all requirements of any insurance companies providing insurance for CBC Network Affiliate, and the rules and regulations of any marina or other docking facility in which CBC Network Affiliate watercraft is located.

23. Before and after boating, Member, with assistance of the dock staff, must complete the "Check Out/Check In" process which involves a visual inspection/inventory of the watercraft hull, prop, canvas, upholstery, and the on-board safety equipment. Member acknowledges and agrees to adhere to The CBC Network Affiliate check-in and check-out procedures, failure to do so may result in suspension of membership privileges for a period of up to ninety (90) days, at The CBC Network Affiliate's discretion. During suspension, Member remains responsible for any outstanding fees, and recurrent violations may result in termination of membership.

24. If the reservation includes children, it is imperative to use the appropriate flotation device(s) for all children in accordance with applicable law. Members are responsible for providing these flotation devices that are in compliance with applicable US Coast Guard, state or local laws.

25. Specific watercraft departure locations may have their own guidelines and Member acknowledges acceptance of training relative to each location prior to use.

26. If waves are over two and one-half (2.5) feet, Members shall not be permitted to enter associated bodies of water (as conditions are constantly evolving, Members must evaluate conditions themselves even if a text message reminder/statement about ocean access being closed has not been issued). Member shall be solely liable for all costs incurred outside of the approved Operational Area including, but not limited to, all mechanical repairs, towing costs, salvage costs, transportation costs and all other costs resulting from Member's usage of the watercraft, of which costs may be substantial.

27. Member is responsible to plan for inclement weather and monitor forecast throughout the boating time period via local advisories and communications. Member is further responsible to make decisions to seek shelter, come back early, or delay watercraft trip if weather forecasted poses any danger to member, guest, or watercraft. The CBC Network Affiliate reserves the rights to recall, limit, or shut down boating if weather poses any possible dangers. If the weather turns inclement while you are out, member shall return to the marina immediately, or to the nearest safe shelter, and notify The CBC Network Affiliate of Member's position and situation. It will be the member's responsibility to return the watercraft to home port after the situation is alleviated.

28. For your safety, a VHF radio may be on each watercraft. If watercraft is not equipped with a VHF radio, you must have a cell phone. Member shall keep the VHF radio and/or cell phone ON at all times while using any The CBC Network Affiliate watercraft.

29. In an effort to maintain the safety of the members and the watercraft, The CBC Network Affiliate reserves the right to restrict/cancel boating at any time due to weather and/or other conditions/reasons. If weather is inclement, or if small craft advisories have been posted, we encourage Member to call before arrival to inquire about the status of boating.

30. The CBC Network Affiliate will provide Tow coverage for the watercraft during club's normal operation hours for the purpose of mechanical breakdowns within Operational Area. Towing services will be provided either through third party operators or The CBC Network Affiliate boats and employees, only. Towing and on the water repair charges and expenses due to members negligence will be the responsibility of the member. Member will be responsible for all towing charges incurred after CBC Network Affiliate's normal operating hours regardless of the circumstance. Towing charges will not be covered under CBC Network Affiliate's insurance policy.

31. Sea Tow: All members of the CBC Network Affiliate be required to hold a CBC Network Affiliate provided Gold Sea Tow membership. What is included in the gold membership can be found here: https://seatow.com/membership/ This membership is included in any of our Ride Protection programs or is required at a separate monthly cost. The link to the membership agreement is here: https://seatow.com/membership-agreement/ CBC Network Affiliate does not accept separate personal Sea Tow memberships or other "like" policies in place of this mandatory membership.

32. Should a Member need Sea Tow assistance, Member is required to stay with the CBC Network Affiliate watercraft for the entirety of the Sea Tow recovery operation. At no time is a Member allowed to leave the watercraft unless otherwise deemed unsafe to do so. Member is responsible for all costs associated with Sea Tow service. Should a Member need salvageable service to a CBC Network Affiliate watercraft, member is solely responsible for the Sea Tow salvage fee. Salvage fees are not included within coverage, and pricing may fluctuate based on the specific circumstances of the salvage operation. The pricing information is supplied by Sea Tow, our designated tow service provider.

33. Member may not use The CBC Network Affiliate boats to tow another boat unless required to do so under Federal, State or Local law.

34. Any law enforcement violation by a Member involving a The CBC Network Affiliate watercraft or other watercraft, including coast guard violations, and including but not limited to BUI (Boating Under the Influence), reckless driving, wake zone speed violations, etc., may result in suspension or termination of membership at the sole discretion of The CBC Network Affiliate. Member is responsible for compliance of Federal, State, and local law enforcement and shall obey all applicable laws; any and all fines or other penalties imposed are the sole and exclusive responsibility of member.

35. Member shall not operate the watercraft in excess of the established speed limit and shall comply with all laws of the applicable city, county, state, U.S. Coast Guard, or any other jurisdictional authority. Members shall at all times comply with all marine rules and customary practices, safety requirements, and all other applicable laws governing operation of a watercraft.

36. Any citation or ticket received by Member from marine patrol or any other law enforcement agency, including, but not limited to, tickets for reckless driving, BUIs, speeding, or any other violation, is a breach of this Membership Agreement and may result, at the sole discretion of CBC Network Affiliate, in suspension or termination of Member's Membership Agreement. Such actions will not be taken arbitrarily, but only following a good faith investigation and notice to Member.

37. Members shall not exceed published persons and weight capacities of watercraft at any time.

38. Members must limit the activities while onboard the watercraft to cruising or swimming (but only while anchored with engine off). Water skiing, wakeboarding, inner tubing are only permitted on a watercraft with the appropriate equipment to perform such activities. While accessing the swim platform or at any time inpiduals are in the water, the engine must be turned off. Scuba ping is expressly prohibited. Any other activity not listed above must receive written authorization by CBC Network Affiliate management prior to launch. CBC Network Affiliate dock staff do not have the authority to permit Members to embark on any activities not specifically authorized herein. Members are permitted to fish off boats, but not off of jet skis or other watercraft. Safely towing an inner tube or wake board is only permitted if, among other safety precautions, such activity takes place in a permitted area away from other watercraft and a spotter is used at all times at a safe operating speed.

39. Members shall not trailer/tow the watercraft with a vehicle or permit the watercraft to be out of the water for any purpose.

40. Member acknowledges that bow riding is not allowed on any CBC Network Affiliate watercraft. If a Member is found to bow ride, Member's account will be subject to a paid suspension for a period of a minimum of 30 days.

41. Member shall not operate or permit the operation of the watercraft outside the designated Operational Area. The "Operational Area" shall be defined based on the geographic location and the applicable guidelines in order to safely operate in marked navigable waterways. Certain CBC Network Affiliate watercraft may operate up to 10 miles offshore, please check with Member Services or Dock Manager to determine watercraft's eligibility for offshore operation. Anything greater than 10 miles offshore is prohibited for the safety of the Members.

42. It is expressly agreed to by the Member that he or she assumes the risk of any and all loss or damage to any personal property at the marina and within any watercraft.

43. CBC Network Affiliate reserves the right to deny usage of a watercraft to a Member if CBC Network Affiliate determines, in its sole discretion, that the Member is not able to safely operate the watercraft.

44. Only approved members may operate watercraft during reservations. Guests and unlisted inpiduals are prohibited from operating watercraft under any circumstances, allowing guests to operate may result in Membership termination.

45. The CBC Network Affiliate reserves the right to prohibit a Member from operating a boat if, at the sole business judgment of an agent of The CBC Network Affiliate, the Member appears to be in such condition as to not be able to operate the boat in a safe and prudent manner. The use of alcohol or drugs while operating a CBC Network affiliate boat is expressly prohibited. At the sole business judgment of the CBC Network Affiliate, if abuse of alcohol and/or drugs has taken place while the Member is in possession of The CBC Network Affiliate watercraft, punitive actions, including but not limited to those listed below, may be incurred by the Member:

- a) The Member may be suspended, or the Membership terminated. - b) The Member may be subject to criminal charges and/or fines. - c) In addition to a) and/or b), the Member may be required to attend a meeting to discuss the incident. A warning requiring certain actions may be issued, and compliance with these actions may be required before the Member can use the boat again.

IV. Member Responsibility, Codes of Conduct & Reservations

46. AVAILABILITY: Member's selection of dates and watercraft will at all times be subject to availability and must be reserved using ResNet (Carefree Boat Club reservation system) by Member in accordance with The CBC Network Affiliate Rules and Regulations. The CBC Network Affiliate reserves the right to substitute, alter, or cancel boats that are reserved or scheduled by Member.

47. Members shall be permitted to have the maximum reservations, as stated in their contract, outstanding at any time, inclusive of waitlist requests. Each reservation shall be for a morning or afternoon time slot. The available time slots may vary based on watercraft availability, geographic location and time of year.

48. Unless a Member is enrolled in a plan allowing for the simultaneous use of multiple watercraft, no Member is permitted to reserve or use more than one (1) watercraft per reservation time slot.

49. Member agrees to maintain current subscription to ResNet online reservation system with Carefree Boat Club Network LLC (CBCN). Reservations within the CBCN network will be made using the ResNet online reservation system.

50. Hours of Operation are to be posted at each location or on the CBC Network Affiliate website.

51. For reservation purposes, reservations may be scheduled up to six (6) months in advance. Failure to use Membership privileges shall not relieve Members of any liability for payments of any and all money due.

52. Member shall have unlimited use of The CBC Network Affiliate watercraft on an as-available, same-day usage basis, except on days when the Club is closed (see Rule #22). The Member may call the CBC Network Affiliate Dock Master on the morning of desired use to check on availability.

53. CBC Network Affiliate will be the sole designator of Club locations and the specific locations of The CBC Network Affiliate's watercraft(s). The CBC Network Affiliate retains the right to move/add/subtract watercraft(s) and/or The CBC Network Affiliate locations. If the CBC Network Affiliate is denied access to docking or storage or other privileges become unavailable for any reason at any specific watercraft location, the CBC Network Affiliate's only obligation is to provide an alternate facility as close as practical under the circumstances.

54. The CBC Network Affiliate intends to provide a variety of watercraft types. Boat Club watercraft range from 17 feet to 27 feet in length. The CBC Network Affiliate makes no representation of specific types of watercraft so long as each watercraft is seaworthy. The CBC Network Affiliate will maintain a reasonable ration of Memberships per watercraft, (active members are defined as members who have used watercraft in the past 28 days. Member and co-members or anyone sharing a membership number are as a group considered to be one member for the purposes of determining membership limit).

55. CBC Network Affiliate reserves the right to substitute, alter, or cancel watercraft reserved or scheduled by Member as may be deemed necessary, without penalty, for service, maintenance, or other reasons at CBC Network Affiliate's sole discretion.

56. During periods of light boating, the CBC Network Affiliate may choose to keep designated clubs closed or working shorter hours of operation. If, on a particular day, no watercraft are scheduled from a Club, the dock-staff is often assigned to other off-site work. Therefore, if you wish to take a boat on an "spur-of-the-moment" basis, please call Dock staff in advance to see if the location is open that day and if any watercraft are available.

57. Members hereby acknowledge that they have been given an opportunity to inspect and examine various watercraft prior to signing this Agreement and that they will additionally inspect and examine any watercraft prior to each launch and will accept the condition of the watercraft upon each launch to be in a safe and proper running condition. Members further acknowledge that they shall return the watercraft and equipment in the same condition as received. If Member finds unmarked damage, Member must notify CBC Network Affiliate prior to departure to ensure Member is not held responsible for such damage. If the watercraft is not returned in the same condition as prior to launch, the Member shall be responsible for any and all costs associated with returning the watercraft to that condition, including reasonably determined lost revenue while repairs are being completed.

58. No Member shall operate the watercraft during extended hours or overnight without having first obtained the express written consent of management. Any violation of this provision may result in disciplinary action, including but not limited to suspension or termination of membership privileges.

59. Members must return watercraft to the same location where Member was checked out by the end time of the reservation unless otherwise specified by the Dock Master.

60. All CBC Network Affiliate watercraft shall be returned to the dock prior to the end of a reservation. Failure to comply with this provision may result in some or all of the following: (a) late fees; (b) default of Member account; (c) suspension or termination of membership.

61. Members have access to boats at other CBC Network locations as a privilege of their applicable ResNet subscription type. The CBC Network Affiliate makes no guarantee and establishes no specific privileges to boat usage at other CBC network locations in membership contract. Regarding visiting Network locations, The CBC Network Affiliate makes no specific representation of type or condition of boats and will be held harmless of any incidents occurring at visited locations. Requests for reciprocal reservations must be made through ResNet. Network locations may have different and/or additional rules and regulations which Members are required to abide by when using reciprocity. Members are required to familiarize themselves with waterways at CBC Network locations prior to using reciprocity. Refueling procedures and marina rules may also differ from Members' home location.

62. See the CBC Network Affiliate holiday schedules for opening/closing dates and seasonal opening/closing dates in membership handbook.

63. 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 and utilization of watercraft. Member shall also comply with all requirements of any insurance companies providing insurance for the CBC Network Affiliate and the Rights, Responsibilities, and/or Laws of any marina or other docking facility in which The CBC Network Affiliate watercraft(s) are located. Member is solely responsible to contact the US Coast Guard, State and Local officials as required if an accident or incident occurs that results in injury, property damage, loss and or death.

64. Member is expected at all times, when at Club locations, while using a CBC Network Affiliate watercraft, and/or speaking with The CBC Network Affiliate employees, marina staff or members either directly or on the phone to display acceptable, proper, and courteous speech/behavior/conduct. At the sole discretion of The CBC Network Affiliate, failure to follow this conduct rule may result in Member being suspended or having Member's membership terminated.

65. Member may cancel a reservation prior to a reservation's time slot start time. If Member cancels after the reservation's time slot start time and before estimated time of arrival (ETA), Member acknowledges that the Member's form of payment on file will be charged a $25 same day cancellation fee.

66. Member will be charged a $100 "no call no show" fee for not showing up to a confirmed reservation. CBC Network Affiliate will allow a 60-minute grace period over the estimated time of arrival (ETA) time before automatically charging and releasing the watercraft to the waitlist.

67. CBC Network Affiliate shall provide watercraft with sufficient fuel for typical use during a Members reservation time slot. If a Member intends to travel a long distance (e.g., use the watercraft to troll fish), Member must inform CBC Network Affiliate in advance that a full tank of gas is required. CBC Network Affiliate is not responsible if the Member runs out of gas. After Member returns the watercraft, Member's form of payment on file with CBC Network Affiliate will be charged for fuel consumed during operation.

68. Member is responsible to ensure boats are completely refueled after use. If boat is not completely topped off, The CBC Network Affiliate reserves the right to debit members credit card on file for fuel used. If there is a major discrepancy in fuel pumped The CBC Network Affiliate will use average consumption rate (GPH times engine hours) to determine if fuel pumped is legitimate. Note: Boats consumption rate's are an average; some usage may have lower GPH use or higher GPH use depending on boat conditions, RPM's, speed, water, temp, weight, etc.

69. Late Boat Return (returning after reservation slot end time): Members will receive a five minute grace period for returning past their reservation window. Members who are between 6-25 minutes late will be automatically charged a $25 fee. After 25 minutes, Members will automatically be charged an additional $100 fee plus $1/Minute. (i.e. If the reservation slot end time for PM is 7:00PM and a Member arrives back at the dock at 8:00PM, the Member would be charged a total of $25 + $100 + $60 = $185.00 total late fee assessed to the account.) Members who are habitually late will result in an executive review of their account and potential termination of their account and contract due in full. For weekend bookings, rates are doubled, and for federal holiday weekends, rates are tripled. Fees will be automatically charged to their payment type on file.

70. To keep non-fishing boats free of fishy odors and upholstery from being damaged by fishing equipment, Members may only fish from a designated fishing boat. If you are unsure about a boat's designation, ask the Dock Master. It is the member's responsibility to acquire special fishing permits/licenses and abide by applicable state fishing laws.

71. If Member returns a CBC Network Affiliate watercraft in an excessively dirty condition, Member may be charged a cleaning fee. Fishing boats must have the deck cleaned of fish mess, and fish boxes and bait wells emptied & rinsed clean prior to returning to the dock. All items such as personal items, garbage, fish or bait waste must be removed by the Member upon return of the watercraft. We ask members to treat the watercraft as they would their own. Dried blood stains requiring special cleaning will be charged accordingly. The applicable cleaning fees, starting at $75, are determined by the nature of the watercraft's condition upon return.

72. Due to potential damage to interior carpets and upholstery, NO PETS of any kind are permitted on a watercraft with a cabin (with the exception of service animals). All other boat types permit onboard pets. Member is responsible for the safety of pets brought aboard and for any damage or loss that may result from the pet(s) being aboard. The CBC Network Affiliate will be held harmless in any instance involving a pet.

73. At no point shall any member charge passengers to ride on any CBC Network Affiliate watercraft. No member shall advertise rides to the public. The CBC Network Affiliate membership is solely meant for recreational use and shall not be used for the purpose of conducting business, commercial or similar purposes.

74. Smoking/Vaping is NOT permitted within any watercraft cabins, on docks, or in any of the CBC Network Affiliate offices.

75. Member agrees to abide by all agreements between locations' landlords. Member will also abide by all CBC Network Affiliate marinas', Member visited marinas', and/or other CBC Network affiliate locations', rules, and regulations.

76. Any disorderly or indecorous conduct by Member, or their family, guests, visitors or Co-member which, as determined by and in the sole discretion of CBC Network Affiliate, may result in injury to any person, cause damage to the property of CBC Network Affiliate, its customers, employees or other Members, or, through the actions of the aforementioned parties, harm the reputation of CBC Network Affiliate shall be cause for immediate cancellation of the Membership Agreement.

77. Terminated members for any reason will be required to pay the balance of their Membership Agreement within thirty (30) days via automated payment processing, if applicable by law.

V. Additional Members

78. A Household Member must domicile at the same address as the primary Member. Only one (1) Household Member is allowed per membership account, provided the Household Member is over the age of twenty-five (25) years old. Prior to adding a Household Member or an additional immediate family Member to a membership account, Member must provide proof of shared residence to be determined in the sole discretion of CBC Network Affiliate and continued confirmation of the same can be requested by CBC Network Affiliate at any time. There is a one-time onboarding fee of $250 for a Household Member.

79. An additional Co-member (1) can be added to a Member's account for an additional fee, provided the additional Co-member is over the age of twenty-five (25) years old. Member and additional Co-member will share Member's allocated reservations. Adding an additional Co-member will require an addendum to the Membership Agreement.

80. Household Members or Co-members are required to comply with applicable law, complete CBC Network Affiliate training and certification requirements and abide by all other terms of the Membership Agreement.

81. Member is legally responsible for the actions and financial responsibilities of any Household Member or Co-Member associated with Member's account.

82. Only one (1) additional Household Member and one (1) additional out-of-household Member can be on an account with a primary Member at a time. Additional Member can only be modified up to one (1) time a year and will incur a $250 processing fee.

VI. Cancellation & Termination

83. TRANSFERABILITY OF MEMBERSHIP: Transfer or sale of membership to another party is prohibited by th emember.

84. Member may cancel their Membership Agreement early by paying applicable termination fees as stated in the Membership Agreement.

85. Member may elect to not renew their Membership Agreement by providing CBC Network Affiliate sixty (60) day prior written notice via email to [email protected]. Member will need to pay the applicable termination fee if request is submitted after the sixty (60) day notice period and before renewal takes place. Any cancellation within thirty (30) days of renewal will be subject to Member loss of security deposit and late cancellation fee of final months membership dues where permitted by applicable law.

86. In the event that a Member elects to cancel due to residence relocation, Member shall provide CBC Network Affiliate sixty (60) days advance written notice and valid proof of residence change (i.e. government issued Driver's License within one hundred eighty (180) days of cancelation request) for new residence, at least 50 miles from the closest CBC Network Affiliate location.

87. Members enrolled in our Seasonal Package are required to provide CBC Network Affiliate with a written notice at least sixty (60) days prior to the anticipated relocation ("Seasonal Date"). Failure to provide the requisite notice will result in the continuation of normal pricing.

88. Members are entitled to cancel their Membership Agreement if a boat is purchased from CBC Network Affiliate. Cancellation will only be processed once the sale has been completed and proof of watercraft purchase has been provided.

89. CBC Network Affiliate reserves the right, in its sole discretion, to terminate a Member's Membership Agreement for violation(s) of any of the terms of the CBC Network Affiliate Membership Agreement.

90. In the event of a default under/breach of this Membership Agreement, CBC Network Affiliate is entitled to require members to immediately pay the remaining balance of the then current term of the Membership Agreement where permitted by applicable law.

91. Member shall pay CBC Network Affiliate all of CBC Network Affiliate's costs and expenses, including without limitation, reasonable attorney's fees incurred in collecting amounts due from Member or in enforcing any rights of CBC Network Affiliate arising under the Membership Agreement.

VII. Default & Remedies

92. Any of the following shall constitute events of Default under this Agreement:

93. No waiver or indulgence by The CBC Network Affiliate with respect to any given default shall constitute a waiver of The CBC Network Affiliate rights with respect to any subsequent default or breach.

94. At all times, the CBC Network Affiliate, at its sole business judgment, reserves the right to suspend or terminate a Member's membership for a serious, and/or continuous, violation(s) of the Rights and Responsibilities herein, and/or if Member's account is not kept current.

VIII. Insurance & Liability Coverage

95. The Member shall be responsible for any loss or damage to The CBC Network Affiliate 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 CBC Network Affiliate. Member is responsible regardless of who was in actual physical custody and control at the time of the loss or damage. The Member is responsible for completing the Check Out/In process at the dock with the assistance of the Dock Master. Any damage that occurs while in Member's possession will be noted and charged. However, if damage is discovered after check-in, and at the sole business judgment of The CBC Network Affiliate, and The CBC Network Affiliate deems the Member to be responsible, the Member will be billed for all damage/costs incurred will be charged automatically to the payment method on file. At The CBC Network Affiliate sole business judgment, Member may be denied watercraft usage until payment is received. If loss is covered under The CBC Network Affiliate insurance policy Member's liability may be limited to $3500 for watercraft under 27 feet. Should damage or breakage occur while at a foreign port or while at sea, the Member is required to contact the CBC Network Affiliate and depending on the extent of the failure, the Member may be required to deliver the watercraft to the nearest port and Members will be responsible for their own transportation, food, shelter, etc. In addition, the CBC Network Affiliate may require the Member to attend a meeting to discuss the damage, and The CBC Network Affiliate, at its sole business judgment, may take any action deemed necessary, including suspension or termination of the Membership.

96. Member recognizes that the operation of any watercraft is a specialized activity that requires training and experience and has both obvious and nonobvious 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, Member knowingly accepts sole and exclusive responsibility at all times for the safety of all persons and property on board the CBC Network Affiliate watercraft, including Member, Member's passengers and the public in general. For purposes of personal injury claims, a Member may be treated as an additional insured on The CBC Network Affiliate Hull & Machinery and Protection & Indemnity policy(ies) and may be afforded the same coverage and protection afforded to The CBC Network Affiliate under such an insurance policy.

97. CBC Network Affiliate is not responsible for loss of running time due to weather, late arrivals, damage to the watercraft, illness, accidents or mechanical failure. Member shall not use the watercraft in a careless or negligent manner, in an unlawful manner or for an unlawful purpose, or allow any person under the influence of alcohol, drugs or a controlled substance to operate the watercraft. Furthermore, member shall at all times exercise caution for safety of the occupants in the watercraft and shall abide by all applicable federal, state, and local laws and regulations relating to the use of the watercraft.

98. CBC Network Affiliate shall be excused from performance, or any delays in performance hereunder, due to fire, flood, earthquakes, hurricane, acts of nature, 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 subpision thereof, or for any other cause whether similar or dissimilar to those enumerated, beyond the reasonable control of CBC Network Affiliate.

99. LIMITATIONS ON WARRANTIES AND LIABILITY: THE CBC NETWORK AFFILIATE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT THOSE IF ANY EXPRESSLY SET FORTH AND INCLUDED IN THIS AGREEMENT. IN PARTICULAR, WITHOUT IN ANY MANNER LIMITING THE FOREGOING, THE CBC NETWORK AFFILIATE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITIES, CAPACITY, OR OTHER ATTRIBUTES OF ANY OF THE WATERCRAFT(S) 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. THE CBC NETWORK AFFILIATE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND CAREFREE BOAT CLUB HOLDINGS, LLC'S AND CAREFREE BOAT CLUB NETWORKS, LLC'S RESPECTIVE OFFICERS AND EMPLOYEES, 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 CLUB WATERCRAFT USED BY MEMBER. THE CBC NETWORK AFFILIATE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND CAREFREE BOAT CLUB HOLDINGS, LLC'S AND CAREFREE BOAT CLUB NETWORKS, LLC'S (AND THEIR OWNERS AND/OR MEMBERS) RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO MEMBER FOR ANY DEFECT, LATENT OR OTHERWISE, IN ANY WATERCRAFT OR ANY EQUIPMENT, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH WATERCRAFT, NOR SHALL THE CBC NETWORK AFFILIATE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND CAREFREE BOAT CLUB HOLDINGS, LLC'S AND CAREFREE BOAT CLUB NETWORKS, LLC'S (AND THEIR OWNERS AND/OR MEMBERS) RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, 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 WATERCRAFT, OR ANY EQUIPMENT, FIXTURES, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH WATERCRAFT.

100. ACKNOWLEDGEMENT OF RISKS. MEMBER ACKNOWLEDGES THAT SOME, BUT NOT ALL OF THE RISKS OF PARTICIPATING IN WATER SPORT ACTIVITIES INCLUDE: 1) CHANGING WATER FLOW, CURRENTS, WAVE ACTION AND SHIPS WAKES; 2) COLLISIONS WITH OTHER OBJECTS, INCLUDING, BUT NOT LIMITED TO, OTHER PARTICIPANTS, OTHER WATERCRAFT, AND OTHER MANMADE OR NATURAL OBJECTS IN OR AROUND THE WATER; 3) COLLISION, CAPSIZING, SINKING OR OTHER HAZARDS WHICH RESULT IN WETNESS, INJURY, EXPOSURE TO THE ELEMENTS, HYPOTHERMIA, DROWNING AND/OR DEATH; 4) ATTACK BY AN ENCOUNTER WITH INSECTS, FISH, ETC.; 5) BOAT CLUB WATERCRAFT MALFUNCTION OR EQUIPMENT FAILURE OR OPERATOR ERROR; 6) DANGERS CREATED BY THE BOAT CLUB MEMBER'S OR OCCUPANTS' SENSE OF BALANCE, PHYSICAL COORDINATION, ABILITY TO OPERATE EQUIPMENT, SWIMMING AND/OR FAILURE TO FOLLOW APPLICABLE RULES OR DIRECTIONS; 7) WIND, INCLEMENT WEATHER, LIGHTNING, VARIANCE AND EXTREMES OF WIND, WEATHER, AND TEMPERATURE; AND 8) HEAT OR SUN RELATED INJURIES OR ILLNESSES, INCLUDING SUNBURN, SUNSTROKE, OR DEHYDRATION. FURTHER, MEMBER UNDERSTANDS THAT THE DESCRIPTION OF THESE RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS OR DEATH.

101. EXPRESS ASSUMPTION OF RISKS. MEMBER HEREBY AGREES THAT THEY ARE OPERATING OR USING THE WATERCRAFT AND RELATED EQUIPMENT PROVIDED BY CBC NETWORK AFFILIATE AT THEIR OWN RISK. THE UNDERSIGNED AGREES THAT THEY ARE VOLUNTARILY PARTICIPATING IN ALL ACTIVITIES RELATED TO OPERATION, OR USE OF THE WATERCRAFT AND EQUIPMENT. MEMBER IS FULLY AWARE OF AND ASSUMES THE DANGERS ASSOCIATED WITH THE USE AND OPERATION OF THE WATERCRAFT AND EQUIPMENT INCLUDING BUT NOT LIMITED TO: SPRAINS, TORN MUSCLES AND/OR LIGAMENTS; FRACTURED OR BROKEN BONES; EYE DAMAGE; CUT AND WOUNDS; SCRAPES; ABRASIONS, AND/OR CONTUSIONS; HEAD, NECK, AND/OR SPINAL INJURIES; ANIMAL OR INSECT BITE OR ATTACK, SHOCK, PARALYSIS, DROWNING, AND/OR DEATH; AND ANY RESULTANT EXPENSES FROM ANY OF THE FOREGOING RISKS AND ASSUMES ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS THAT MIGHT RESULT REGARDLESS OF THE CAUSE, TO INCLUDE THE NEGLIGENCE AND OR FAULT OF CBC NETWORK AFFILIATE.

102. WAIVER/RELEASE OF LIABILITY. BY THE EXECUTION OF THIS AGREEMENT, MEMBER VOLUNTARILY RELEASES, FOREVER DISCHARGES AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CBC NETWORK AFFILIATE FROM ANY AND ALL LIABILITY OF ANY NATURE ARISING FROM ANY AND ALL ACTIVITIES RELATED TO THE OPERATION, OR USE OF THE WATERCRAFT AND EQUIPMENT PROVIDED BY CBC NETWORK AFFILIATE, ON BEHALF OF MEMBER, THEIR FAMILY, GUESTS, VISITORS OR AGENTS, REGARDLESS OF THE CAUSE. THE UNDERSIGNED ASSUMES FULL RESPONSIBILITY FOR ANY SUCH INJURIES, OR DAMAGES WHICH MAY OCCUR, AND FURTHER AGREES THAT CBC NETWORK AFFILIATE SHALL NOT BE LIABLE FOR ANY LOSS OR THEFT OF PERSONAL PROPERTY. THE UNDERSIGNED SPECIFICALLY AGREES THAT CBC NETWORK AFFILIATE SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY CBC NETWORK AFFILIATE. FURTHERMORE, MEMBER ACKNOWLEDGES THAT THEY HAVE READ THIS WAIVER/RELEASE OF LIABILITY AND FULLY UNDERSTANDS THAT IT IS A FULL RELEASE OF ANY LIABILITY INCLUDING THE NEGLIGENCE OR FAULT OF CBC NETWORK AFFILIATE. MEMBER IS WAIVING ANY RIGHT THAT HE OR SHE MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST CBC NETWORK AFFILIATE, OR THEIR EMPLOYEES, AGENTS, MEMBERS AND CONTRACTORS FOR THEIR NEGLIGENCE. NOTHING HEREIN SHALL WAIVE OR LIMIT LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR AS OTHERWISE PROHIBITED BY APPLICABLE LAW.

103. CBC Network Affiliate shall not be liable for any personal injury sustained by any Member, his or her family, guests, visitors or agents while operating any of the watercraft or upon any of CBC Network Affiliate premises, including docks, piers and walkways. Member expressly agrees, on behalf of himself or herself, his or her family, guests, visitors or agents, that by using the watercraft and CBC Network Affiliate's premises, he or she does so at his or her own risk and that he or she, and each of his or her family, guests, visitors or agents, accepts as his or her own those risks and hazards related to all boating activities and marina area property or activities.

IX. Dispute Resolution and Indemnification

104. 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 The CBC Network Affiliate, (ii) Member's membership in The CBC Network Affiliate, (iii) Member's use of any watercraft in connection with Member's membership or (iv) any other dealings between Member and The CBC Network Affiliate, including but not limited to any claims for money damages or for personal injury or wrongful death shall be submitted to binding arbitration in Palm Beach County, FL or location as required by Law 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 The CBC Network Affiliate 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.

105. 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 106. 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 THE CBC NETWORK AFFILIATE

106. Member agrees to abide by the Rights and Responsibilities promulgated and from time to time modified by the CBC Network Affiliate. Changes in Rights and Responsibilities shall become effective upon date provided to Member by the CBC Network Affiliate. A copy of the revised Rights and Responsibilities will be provided to the Member via accessible website link.

107. MEMBER AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD THE CBC NETWORK AFFILIATE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND CAREFREE BOAT CLUB HOLDINGS, LLC'S AND CAREFREE BOAT CLUB NETWORKS, LLC'S (AND THEIR OWNERS AND/OR MEMBERS) RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, LOSS, DAMAGE, EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES AND COST 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 A CLUB WATERCRAFT. THIS RELEASE AND INDEMNIFICATION OF THE CBC NETWORK AFFILIATE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL EXTEND TO ANY INJURY OCCASIONED WHOLLY OR IN PART BY AN ACT OR OMISSION OF THE CBC NETWORK AFFILIATE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.

108. BINDING EFFECT: ENTIRE AGREEMENT: MODIFICATIONS: If any provision of this Agreement shall be invalid, the remainder of the Agreement shall not be affected thereby. This Agreement is binding upon the parties hereto and their heirs, legal representatives, successors, and permitted assigns, and shall be governed by Florida Law. This Agreement contains the entire understanding or writings, which are merged herein and extinguished. This Agreement may only be amended or modified by written instrument signed by the CBC Network Affiliate and all parties designated herein as Member, except that Rights and Responsibilities may be changed from time to time as set forth in Rule #108.

Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

1. Agreement: "Agreement" means these Rights and Responsibilities of Membership, including all terms, conditions, policies, schedules, exhibits, and any amendments hereto.

2. CBC Network Affiliate: "CBC Network Affiliate" refers to the club, entity, or organization operating under the Carefree Boat Club Network and providing membership access to watercraft and related services as described in this Agreement.

3. Member: "Member" means the inpidual who has applied for and been accepted as a member of the CBC Network Affiliate, including the primary account holder and any approved Household Members, Co-members, or additional members associated with the account.

4. Co-member: "Co-member" means any person, other than the primary Member, who has been added to the membership account via paid membership add on fee, in accordance with the Agreement and is authorized to access and use the CBC Network Affiliate's services.

5. Household Member: "Household Member" means a person residing at the same physical address as the primary Member who has been approved and added to the membership account in accordance with this Agreement.

6. Watercraft: "Watercraft" means any boat or other floating equipment provided by or made available through the CBC Network Affiliate for use by Members pursuant to this Agreement.

7. Dock Master: "Dock Master" means the person or persons designated by the CBC Network Affiliate to manage and oversee the operation, scheduling, and usage of watercraft at a specific Club Location.

8. Club Location: "Club Location" means any marina, dock, facility, or site where CBC Network Affiliate watercraft are stored, maintained, and made available for Member use.

9. Operational Area / Designated Operational Area: "Operational Area" or "Designated Operational Area" means the geographic area, as defined and published by the CBC Network Affiliate, within which Members are permitted to operate the watercraft, including any limits set forth by location, mileage offshore, or regulatory requirements.

10. Guest: "Guest" means any inpidual invited by a Member to board or accompany them on a watercraft.

11. Account: "Account" means the Member's account with the CBC Network Affiliate, including all financial obligations, contact information, and reservations associated with the Member or their approved additional users.

12. Reservation: "Reservation" means any booking, scheduling, or assignment of a watercraft for a specific date and time by a Member through the CBC Network Affiliate's reservation system.

13. ResNet: "ResNet" means the online reservation platform or system utilized by the CBC Network Affiliate and its Members for booking, managing, and confirming reservations of watercraft.

14. Notice: "Notice" means any communication provided by the CBC Network Affiliate to the Member (or vice versa) regarding this Agreement, which may be delivered by email, SMS, physical mail, or through the club's official website or member portal, as specified herein.

15. Fee: "Fee" means any amount charged to the Member under this Agreement, including but not limited to membership dues, service fees, late fees, cleaning fees, damage charges, or other sums due as a result of membership activities.

16. Ride Protection: "Ride Protection" means any optional deductible buy-down plan offered by the CBC Network Affiliate that provides specified coverage, features, or benefits related to the use of watercraft, subject to the terms and exclusions outlined in this Agreement.

17. Gold Sea Tow Membership: "Gold Sea Tow Membership" means the mandatory towing and salvage membership provided or required by the CBC Network Affiliate, with terms as set forth by Sea Tow and further described in this Agreement.

18. Check Out/Check In Process: "Check Out/Check In Process" means the procedure required before and after each use of watercraft, including visual inspection and inventory, as further described in this Agreement.

19. Force Majeure: "Force Majeure" means any event or circumstance beyond the reasonable control of the CBC Network Affiliate that prevents or delays the performance of obligations under this Agreement, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, equipment failure, or governmental orders.

20. Default: "Default" means any failure by the Member to fulfill their obligations under this Agreement, including but not limited to failure to make timely payments, violation of club rules or applicable law, or failure to adhere to safety or operational requirements.

21. Termination: "Termination" means the ending of membership privileges and/or this Agreement, whether by action of the Member or the CBC Network Affiliate, pursuant to the terms and conditions set forth herein.

22. Arbitration: "Arbitration" means the process by which disputes arising out of or relating to this Agreement are resolved outside of court, as described in the Dispute Resolution section of this Agreement.