The Locarno Sailing Club ("ClubLocarno") Terms and Conditions of Membership1. The Member’s right to use ClubLocarno’s boats shall commence upon the acceptance of this Membership Contract by ClubLocarno and shall extend either until the expiration of your membership or until ClubLocarno cancels this Contract in writing.
2. All rules, regulations and privileges of Membership including, but not restricted to, membership dues, boats, services and hours of operation, are subject to change without notice in the sole and absolute discretion of ClubLocarno. Any such changes do not affect this Contract or release the Member from any obligation hereunder.
3. The Member hereby voluntarily assumes all risks of accident or damage to his or her person or property and hereby agrees that neither ClubLocarno nor any of its officers, volunteers or members shall be liable for any claim, liability, or demand of any kind for or on account of personal injury, damage, or loss of any kind sustained by any person. This includes claims that may arise from the negligence of ClubLocarno, its officers, volunteers or members, or of any person using the facilities or boats.
4. The Member agrees that, while engaging in the use of any facilities or boats of ClubLocarno, his or her conduct will not present danger to him- or herself or to other persons or interfere with the enjoyment of other Members.
5. Refunds will only be considered under the ClubLocarno Membership Fee Refund Policy posted on the ClubLocarno’s website.
6. In the event of the Member’s default under this Contract, ClubLocarno shall be entitled to all costs of collection, including reasonable legal fees.
7. If any portion of this Contract shall be held invalid, the remainder of the Contract shall remain in full force and effect.
8. The failure to demand or collect any payment due under the terms shall not be deemed a waiver of ClubLocarno’s right to collect such payment.
9. If applicable, Members of ClubLocarno must have sufficient swimming skills to be able to swim strongly for at least 50 metres through rough water in order to recover their craft should they become separated from it during the normal course of water sport activities to ensure the safety of themselves and their crew.
10. All Members must have sufficient comprehension of the English language in order to fully understand the club rules, bylaws, policies and operational practices and procedures, and to safely and effectively communicate with others.
11. ClubLocarno reserves the right to cancel any Member’s contract without prior notice.
Standard Conditions of Use
1. The availability of boats is on a first-come, first-served basis. Each Member shall sign out their boat at the beginning of their use with the electronic sign out system (or the logbooks, if these are not operational) and sign their boat back in at the end of their use.
2. Before the start of any activity (e.g., sail, windsurf, row, kayak, surfski, stand-up paddle), the Member has the opportunity to inspect the boat to ensure that the equipment is in proper working condition. By signing a boat out, the Member is accepting responsibility that the boat is in good order and seaworthy. Any damage must be reported to ClubLocarno before the signing out of the boat. Club Locarno does not warrant the fitness of the boat in all conditions of weather.
3. ClubLocarno reserves the right to charge the Member for any damage or loss of equipment caused by the Member’s negligence, as determined by the ClubLocarno Executive.
4. The Member shall NOT sign out any boats in wind speeds greater than the limit specified for each fleet, or when advised by Jericho Staff, Jericho Rescue, any member of the ClubLocarno Executive or a Fleet Captain. For windsurfing, only Level 2 and Level 3 members are permitted to go out in winds of over 15 knots. Members who windsurf in conditions that are above their Level or above 15 knots are responsible for repairing any damage that occurs, and at their own cost. Sailboats are not permitted to go out at all in winds over 20 knots.
5. The Member and his or her guests understand and accept that consumption of alcohol, illicit drugs or prescription drugs that may impair one's ability to be safe on the water and may increase the risk of injury around water and boats. ClubLocarno, its officers and volunteers shall not in any circumstance be liable to the Member, the Member’s family, the Members’ guests or their family for any and all claims or liability for personal injury or death arising from or related to, directly or indirectly, the use or consumption of alcohol or illicit or prescription drugs.
I hereby acknowledge having read Terms and Conditions of Membership and Standard Conditions of Use. Upon acceptance of this contract by ClubLocarno, the said Terms and Conditions of Membership and Standard Conditions of Use shall form part of this contract and I shall abide by them as well as any other rules and regulations of the Membership as set forth or posted by ClubLocarno. ClubLocarno has made no expressed or implied warranties other than those set forth herein to induce me to sign this application and to enter into this contract.
I hereby acknowledge that the Membership terms shall become effective upon the acceptance of this Membership Contract by ClubLocarno and shall stay in effect either until the expiration of your membership or until ClubLocarno cancels this Contract in writing.