Liability Waiver

All members who store their boat on the compound during winter agree to the following:

In consideration of the acceptance by Burlington Sailing & Boating Club of my application and vessel footprint charge payment and the agreement of the BS&BC (hereinafter referred to as "BS&BC) to allot storage space for my vessel in the storage compound and to assist club members and other users of the compound to organize in a cooperative effort to lift out (and subsequently lift in again at the completion of the storage period) my vessel together with others for storage. I agree to abide by the regulations of the club governing the use of the compound, including my participation in cooperative work shifts required as part of the cooperative lift-out/lift-in arrangement.

I acknowledge and agree that no relationship of bailor and bailee shall be created hereby and that the vessel footprint charge is paid for use of space over which my vessel will be placed subject to such terms and in such manner and subject to such rules and regulations as BS&BC shall in its sole and unfettered discretion from time to time determine and such charge shall not be considered to be a storage fee or charge paid for storage of my vessel.

I acknowledge that the lift-in and lift-out of my vessel is part of a cooperative work sharing effort of club members and other persons who are participating to assist me with the lift-out/lift-in of my vessel as unpaid volunteers. I understand that those persons participating in the said lift-out/lift-in come from every walk of life and have no special boatyard skills and may be inexperienced in boat lifting and cradling activities or may have no experience at all. I understand that because work will take place in close proximity to very cold water and because of the weight and size of the vessels, cradles and equipment used, any accident or mishandling of a vessel, cradle, equipment or vehicle used in transporting them could result in catastrophic damage and/or serious bodily injury and/or death.

I agree that the City of Burlington, the City of Hamilton, the Hamilton Port Authority, the LaSalle Park Community Marina, the BS&BC and its officers, directors, members, subcontractors, cooperative volunteer workers shall not be liable for damages, loss or injury sustained by me including damages for personal injury, death, or damage to or loss or destruction of personal property, howsoever caused during any part of the lifting, cradling or storage of my, or any, vessel even if it arises by reason of negligence or gross negligence and I hereby assign and release unto the BS&BC all such claims and causes of action that I may now have or as may in the future arise against City of Burlington, the City of Hamilton, the Hamilton Port Authority, and the LaSalle Park Community Marina, LaSalle Park Community Marina Association or BS&BC or its officers, directors, members, subcontractors, cooperative volunteer workers and employees and I hereby:

1. covenant to indemnify the said parties for all costs, damages and expenses arising from any such action or cause of action;
2. waive all such actions and causes of action; and
3. agree not to bring or assert any such action or cause of action without the express written consent of BS&BC.

Last updated 3:21pm on 6 May 2025