Legendary Boating Club

Member Rules and Regulations v4.0

Legendary Boating Club, LLC. (“Legendary” or the “Club”) is committed to serving our

Members and any co-Members (“Members”) with the highest level of excellence. The following

rules and regulations are for the benefit of all Club members.

 

1. LEGENDARY NAUTICAL SCHOOL - Safety is a primary concern for Legendary. Members must complete and pass the below Boating and Safety Orientation courses, prior to using Club boats. All training with the exception of one- on-one personal sessions with our Captains are included in your initiation fees. Our levels of certification are as follows:

 

  • A) Level I - Boating Class: covers use of pleasure boats up to 50 miles from the launch marina unless special permission is granted on an as requested basis and limited to the bay, Intracoastal Waterway, and one mile offshore.  Pontoons are for inshore use only. Prior to taking out any Legendary boat a Member must pass the Level I written exam and water test. The testing required is based on FFWL curriculum and will allow all who complete and pass written test a lifetime Florida Boating Card.

  • B) Level II - Fishing Class: covers use of the offshore fishing fleet up to 20 miles offshore and 50 miles in either direction from the closest pass to the launch marina. Bay boat use is limited to the bays and Intracoastal Waterway. Prior to taking out any Legendary fishing boat a Member must pass the Level II water test. Level II-B class is an optional instructional offshore fishing trip with a captain. This class does not impact certification but is both informative and enjoyable.

  • C) Overnight Endorsement: covers use of fleet up to 50 miles from the launch marina unless special permission is granted and limited to the bay and Intracoastal Waterway and one mile offshore including overnight trips (overnight trips require member to have vessel anchored or moored).  Prior to checking out a vessel for overnight use a Member must pass a Level I written and water exam and receive written endorsement from General Manager.

 

2. GENERAL USAGE:  A Member must be present to check out a boat and must be onboard at all times. Membership will be defined as a “spousal membership” consisting of either a single person or a married couple living in the same household only. Other operators are allowed on a limited basis. They must be at least 18 years of age, and under the direction and responsibility of the Member and have completed the relevant level of Legendary Nautical School. Members may check out only one boat at a time.

 

3. HOURS:  Boating is allowed from dawn to dusk. No boating is allowed after dark. Standard operating hours during the season are from 8:00 AM until 5:00 PM 7 DAYS A WEEK plus open all major summer holidays. Special arrangements can be made for fishermen who want to depart at "first light" and for Members who want to return after hours. Hours and days of operation are subject to change by location contingent on boating activity.  The Legendary holiday and off- season schedule is posted on the Legendary website.

 

4.  OVERNIGHT TRIPS: All boating underway is permitted from dawn to dusk. No boating UNDERWAY is allowed after dark. On overnight trips, the vessel should be moored, docked, or anchored by dusk and stay moored, docked, or anchored until daylight.

5. FUEL: Members will be charged for fuel. Fuel cost is calculated as pump price and charged on day of trip to a credit card kept on file through Legendary Ship Store Mid-Bay.

 

6. OTHER SERVICES: Member may request special services such as catering, ice, bait, etc. to be added to the boat.

 

7. HOME PORT: If and at Legendary Boating Clubs discretion additional locations are added, Member may change the election of their Home Port at any time conditional to the following: availability at the new Home Port; if a Home Port is changed the Club Dues and Initiation Fee will be adjusted to the normal current rate for Club Dues and Initiation Fee at the new Home Port at the time of the transfer.

 

8. PETS: In the interest of keeping the boats in excellent condition, pets are allowed on the Club boats at the discretion of the Club Director. Any damage caused by pets will be charged directly to Member and not associated with an insurance deductible. An additional cleaning fee may be charged if excessive pet hair is found on vessel.

 

9. SMOKING: Smoking is not allowed inside the head/cabin of any of the boats.

 

10. MINIMUM AGE: Member must be twenty-five (25) years of age or over to join the Club.

 

11. WEATHER: If the weather turns inclement while you are out, return to the marina immediately or go to the nearest, safe shelter. If you reach shelter safely, notify Legendary of your position and situation using a cell phone. If an emergency situation does arise, call the appropriate governmental authority and/or Legendary from a cell phone. Members are required to bring a cell phone on the boat. Offshore boats are equipped with a VHF radio for use when out of cell phone range.

 

12. SAFETY: For Members' safety, Legendary reserves the right to cancel boating at any time due to weather conditions. If weather is inclement, please call before arriving at the Club to inquire about the status of the fleet. For safety reasons, Legendary will cancel offshore boating when a small craft advisory is posted on NOAA or if the wind is over 20 MPH. Additionally, Legendary reserves the right to cancel inshore boating if a small craft advisory is posted and inshore weather conditions present a safety hazard for Members.

 

13. TOWING: A Member is responsible for paying towing charges if: 1) the Member creates the reason the boat requires towing; or 2) the Member has exceeded the Club's distance limits without advising Legendary of the trip. If towing is required due to mechanical problems caused by normal wear and tear and the Member is within Club distance limits, Legendary will pay the towing charges. If the boat becomes disabled, call the Dock

Manager immediately to alert him of your circumstance. Other than life saving emergency situations, a Member may not use Legendary boats to tow another boat unless an agent of Legendary gives permission.

 

14. RESERVATIONS are made using our online reservation system or by direct line. The Club reserves the right to substitute, alter or cancel boats (due to unforeseen circumstances) and modify reservation protocols posted on the web site. Members may reserve three calendar dates at a time and up to six months in advance. Members are responsible for keeping their reservations and arriving on time. Member must return watercraft to the same location where watercraft was checked out within Club hours unless otherwise instructed or permitted by the Dock Manager. Members are asked to reserve center console fishing boats with the intent of fishing.  Members privileges are subject to suspension if Club is not notified of cancellations 24 hours prior to scheduled departure.

 

15. MEMBER'S RESPONSIBILITY FOR WATERCRAFT; DAMAGE: If damage occurs because of direct negligence by member; including disregard for signage, maritime laws, any Aid To Navigation posted on charts or fixed on the body of water traveled- the Member shall be responsible for any loss or damage to Legendary watercraft and accessory equipment including, without limitation, any damage to the boat’s propeller, engine, lower unit, hull as a result of submerged debris, running aground, high speed shift, or any other reason from the time that such watercraft and accessory equipment is furnished to Member up to and including the time of its return to Legendary, regardless of who was in actual physical custody and control at the time of the loss or damage and regardless of whether such loss or damage is covered by insurance.

 

In the event of a loss that is covered by insurance according policy limitations, Member shall be responsible to pay any insurance deductible and applicable sales tax for said deductible. Currently, the deductible for Legendary insurance is $2000.00 Any Members or Guest Cargo will Not be covered by insurance and is taken on board any Club vessel at the Members or Guest own responsibility.

 

Members are part of the named insured on Legendary liability policy and will be covered up to $1Million minus the deductible in the event the member is liable for an incident. If damages as defined above as “direct negligence by member” causes damage of power-train- damage including engine, lower unit, outdrive, etc. Members will be held responsible for the entire amount and insurance claims will not be filed. The vessel is inspected by the Dock Manager prior to a Member’s use and upon return. Any damage that occurs while in Member's possession will be noted and charged. However, some items, particularly damage to the engine (i.e., caused by entangling the prop and rope, or fishing line, running the engine at high rpm after a problem occurs, etc.) may not be noticed at the check-in time.

 

If damage is discovered after return of the vessel which was not immediately noticeable at check-in, the Member will be notified and if, in the sole discretion of Legendary, Legendary Boating Club deems the Member to be responsible, the Member’s credit card will be billed for all damage/cost incurred. Member may be denied boat usage until payment is received.

 

16. RIGHT TO LIMIT USE OF CRAFT: The Club reserves the right to limit Members use of specific vessel types if in the sole discretion of the General Manager, Member requires further training to safely operate the vessel. An annual recertification on certain vessels may be required of Member.

 

17. RESPECT FOR LEGENDARY VESSELS: The Legendary staff and Members take pride in the cleanliness and quality condition of the Club’s fleet. Normal cleaning is included in Member’s fee. However, at the sole discretion of the Dock Manager, if a vessel is returned in an extremely messy condition reflecting disrespect for the vessel and the Legendary staff, Member will be charged an appropriate cleaning fee.

 

18. CARE OF FISHING VESSELS: To keep non-fishing boats from being damaged by fishing equipment and free of fishy odors, a Member may not fish from a boat that is not specifically designated as a fishing boat. If you are not sure about a boat's usage, ask a Legendary staff Member. Member is required to conduct a basic wash down of fishing vessels while at sea before returning to port to remove blood and fish entrails from the vessel. Fishing boats are equipped with raw water wash down and/or cleaning brush. This process only takes a few minutes and saves the Dock Hands hours  of cleaning dried blood and fish entrails which are not easily removed from the deck, upholstery, and fish boxes. Additionally, as a courtesy, Member is required to remove all bait from the live well and drain the live well before coming into port.

 

19. MEMBER STATUS: A Member's rights are for the prepaid use of Legendary watercraft only. Any “ownership” addressed in this agreement pertains specifically to the Member’s own individual Membership. Nothing contained in this Agreement is intended or shall be construed as creating any voting rights or ownership interest, legal or equitable, in any of the watercraft or in Legendary Boating Club, its subsidiaries, its company equity, or assets.

 

20. CLUB DUES: To ensure the high quality of service our Members have come to appreciate, it may be necessary for Legendary to increase Club Dues. Any increase in Club Dues will be announced by email no less than 30 days prior to the effective date of the increase. The notice will be sent to the primary email listed on the member’s account. Club Dues are due by the 1st of each month.  If not received by the 5th calendar day membership privileges will be put on hold.  If Club Dues are not paid by the 15th of the month in which they are due a late charge of $50 will be assessed and the outstanding Club Dues will be charged to Member’s credit card on file with Legendary. If Member has invoices outstanding that Legendary has been unable to collect payment on by the 15th of the month, the Member’s Membership will be SUSPENDED.

 

21. LOCATION: If use of a Legendary port location becomes impracticable for any reason, Legendary only obligation to Member is to use its best efforts to provide the closest existing Legendary location as an alternate use facility if additional facilities exist.

 

22. COMPLIANCE WITH LAWS AND ORDINANCES: A Member shall comply with all applicable governmental laws, ordinances, orders, and regulations now in force or which may hereafter be enforced 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 Legendary and the rules and regulations of any marina or other docking facility in which Club watercraft are located.

 

23. RIGHT TO LIMIT PARTICIPATION IN UNSAFE BOATING EVENTS: In order to protect the quality of the fleet and reduce damage to vessels, the Club reserves the right to restrict use of Club vessels in any boating event that is generally characterized by local authorities as exhibiting excessive consumption of alcohol, reckless boating, mass rafting of vessels, use of drugs, reckless party atmosphere, etc.

 

24. MEMBER CONDUCT: Member is expected at all times to display proper and courteous conduct toward other Members and employees of Legendary.

 

25. GUESTS: The Club encourages Members to bring guests but reserves the right to control usage by guests in the event that the guests, in the sole and exclusive discretion of Legendary, are acting in a suspicious, improper, or potentially dangerous manner.

 

26. FIREARMS/CONCEALED WEAPONS: Firearms and/or concealed weapons are strictly prohibited on any of the Club boats.

 

27. ALCOHOL AND DRUGS: Legendary reserves the right to prohibit a Member from operating a boat, if in the sole opinion of an agent of the Club, the Member appears to be in such condition as not to be able to operate the boat in a safe and prudent manner, including but not limited to intoxication. Any violation of the law and/or U. S. Coast Guard/State/Federal regulations by a Member using a Legendary watercraft will result in

suspension or termination of Membership. This includes but is not limited to, abuse of alcohol and/or drugs, BUI (Boating Under the Influence), reckless driving, wake zone speed violations, etc.

 

28. DEFAULT: Any of the following shall constitute events of default with respect to this Agreement: (a) any failure by Member to pay when due the full amount of any payment due under the terms of this Agreement or any deferred payment under obligation, debt installment, or other charge hereunder, including, but not limited to; Member's Club Dues and Member Initiation Fee; (b) any breach by Member of any covenant or obligation on

the part of the Member pursuant to this Agreement; (c) failure of Member to abide by and adhere to these Rules and Regulations, or the rules and regulations of the marina where the Club's watercraft are docked, or any laws of any kind (including, without limitation) any state or federal laws, as now in effect or as hereafter published or amended from time to time or; (f) the failure or inability of the Member, as demonstrated to the Club in its sole judgment reasonably exercised, to operate the watercraft 1) in a safe, alert, and cautious manner, 2) exercising due caution to protect the boat and engine from damage or if problems occur from compounding the damage, and 3) within any operational requirements or limitations published by the Club with regard thereto, or Member's use of the Club's watercraft in any manner posing a nuisance upon the seas or a substantial risk of personal injury and/or property damage. No waiver or indulgence by the Club with respect to any given default shall constitute a waiver of the Club's rights with respect to any subsequent default or breach.

 

29. REMEDIES ON DEFAULT: Upon the occurrence of any event of the default at all times, the Club may, at its option and upon the sole discretion of an authorized Legendary agent, address any violation(s) of these Rules and Regulations, by means of any and/or all of the following methods in no particular order depending on the remedy warranted based on the severity of the violation, as follows: (a) call a meeting with a Member to discuss the Rules and Regulations and the specific violation by the Member (b) Member may receive a letter of warning mailed to Member at Member's last known address or emailed to Members last known email address. (c) Member may be suspended from use of the Club (d) Member may be expelled from the Club with no return or refund of any monies paid toward the Club Membership and Member may be subject to criminal charges and/or fines.

 

 In case of any monetary default, Legendary may terminate this Agreement, and declare any and all of any portion of the Club Dues and/or Initiation Fees and any Club related charges accruing thereon to the date of default, and all dues, insurance deductibles, damages and other charges that have been accrued, to be immediately due and payable, in which case said indebtedness shall bear interest at the highest interest rate allowed by law on its unpaid balance from the date of such default. In the case of non-monetary default Legendary may terminate this Agreement and all Membership rights of Member hereunder; in which case the Club shall be entitled to retain as liquidated damages and not as a penalty, all sums theretofore paid to the Club by Member pursuant to this Agreement.

 

The Club shall have and retain all legal and equitable remedies available in the event of any default and shall take any such judicial action needed at its sole discretion. In the event of any legal proceedings brought by any party to construe or enforce the provisions of this Agreement; the prevailing party shall be entitled to reasonable attorney's fees and costs, and Member hereby agrees that the exclusive venue of any and all such legal proceedings shall be in Okaloosa County, FL irrespective of the residence elsewhere of any other party, and all parties consent to personal jurisdiction in such venue and waive any claim of forum non-convenient.

 

30. Legendary reserves the right to change fleet model and brand at any time without notice.

 

31. LEGENDARY EXCUSE FROM PERFORMANCE; FORCE MAJEURE: Legendary shall be excused from performance or any delays in performance hereunder, due to fire, flood, earthquakes, hurricanes, acts of God, unavailability of materials, equipment or fuel, war, declaration of hostilities, revolt, civil strife, altercation or commotion, strike, labor disputes, epidemic, lack of or failure of fork-lift or transportation facilities, mechanical breakdowns, any law, order, proclamation, regulation or ordinance of any government of subdivision thereof, or for any other cause whether similar or dissimilar to those enumerated, beyond the reasonable control and without the fault or negligence of Legendary.

 

32. DESIGNATION OF CLUB: Legendary will be the sole designator of the specific locations of the Club's watercraft. Legendary retains the right to add additional watercraft and office locations.

 

33. PERSONAL INJURY AND DAMAGE TO PROPERTY: Member acknowledges that the use of watercraft may involve risk of injury to person and damage to property. In the event of damage to property or injury to a person the Member is responsible for the first $2000.00 per occurrence. Members shall be strictly responsible for the safe use of any of Legendary watercraft. It is further understood by Member that injury caused by other

watercraft, wakes, and water sports, (including but not limited to swimming, diving, snorkeling, water-skiing, knee-boarding, tubing, etc.), are events for which Legendary is not responsible. Accordingly, Member agrees to indemnify and hold harmless Legendary and its officers, directors, Members, employees and agents from and against any claims, damages and costs of defense arising out of or relating to Member’s use of Legendary watercraft, or otherwise caused or claimed to be caused by Legendary watercraft, or during the time it is checked out to Member.

 

34. LIMITATION ON WARRANTIES AND LIABILITY: Legendary makes no representation or warranties, expressed or implied, except those included in this Agreement. In particular, without in any manner limiting the foregoing, Legendary makes no representations or warranties as to the qualities, capacities, or other attributes of any of the watercraft the use of which will or may be furnished to Member pursuant to this Agreement and any such representations or warranties which may be made or upon which Member may rely are exclusively those of the manufacturers of said equipment.

 

Legendary shall not be responsible or liable at any time for loss or damage to personal property brought by a Member, or any of Member's family, guests, invitees, or third party aboard Legendary watercraft used by Member. Legendary 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 Legendary 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.

 

THUS, MEMBER, FOR MEMBER AND ANY AND ALL GUESTS OF MEMBER DOES HEREBY WAIVE AND RELEASE ANY CLAIM AGAINST LEGENDARY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS FOR ANY DAMAGES TO PERSONS OR PROPERTY EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LEGENDARY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS.

 

35. NON-SALEABLE:  All sums paid by the member pursuant to the agreement, whether by way of deposits, installment payments, membership fee, or otherwise, are non-saleable (other than as contained in the provisions for reissue) and shall not be subject to claim for refundable for any cause whatsoever.

 

36. ASSIGNMENT OF PROCEEDS: The Club 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 Club pursuant to this Agreement. Upon written notice to Member of any such Agreement, all sums thereby assigned shall be payable directly to the assignee at the address designate.

 

37. DOMESTIC PROCEEDING: In the event of divorce the Membership will be treated as an asset. Membership must be assigned to either the Member or Co-member but not both. Whoever is assigned the Membership may add their spouse as a Co-member if they remarry.

 

38. NO COMERCIAL USE OF BOATS: Member may not use the boats commercial purposes such as fishing charters, chartered tours, guided fishing trips, rentals, etc.

 

39. DRIVING RECORD: At the request of our insurance provider, Legendary reserves the right to periodically require MVR checks on Members and trained operators. Legendary reserves the right to address information with Member should MVR be unacceptable under our Club insurance guidelines.

 

40. RIGHT TO DISCONTINUE MEMBERSHIP: If for any reason a Member is deemed as unsuitable for Club Membership, Legendary at the sole discretion of the Club Director or authorized agent, reserves the right to refund all, part or none of the amount of Initiation Fee paid by the Member regardless of whether monies were paid directly to the Club or the Membership was purchased and paid through a third party, and discontinue the Member’s Club privileges and Membership.

 

41. CURRENT RULES AND REGULATIONS: Member agrees to abide by the Rules and Regulations promulgated and modified by Legendary from time to time. Rules and Regulations shall become effective upon adoption by Legendary, and notice of such adoption shall be posted on the “Member’s Only” section of the Legendary web site and identified as “Membership Rules and Regulations”. It is the Members responsibility to

keep current on the Club’s Rules and Regulations.

42. 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 writing, which are merged herein and extinguished. This Agreement may only be amended or modified by written instrument signed by Legendary and all parties designated herein as Member, except that Rules and Regulations may be changed from time to time as set forth in paragraph above titled Rules and Regulations.

 

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