AKWA MARINA YACHT CLUB
425 Lakeside Ave
Laconia, NH 03246
RENTAL AGREEMENT 2019
PLEASE FILL IN IF APPLICABLE
DRIVE ON JET SKI(Y/N)_______
SOCIAL MEMBERSHIP (Y/N)______
MEREDITH BAY OWNER UNIT#___________________________
1. THIS AGREEMENT is entered into between Akwa Marina Yacht Club, LLC, a New Hampshire limited liability company, with an address of 425 Lakeside Ave, Laconia, NH (“Owner”) and: ____________________________________________ of ______________________________________________________________(FULL ADDRESS) (“Renter”) and contains the terms and conditions under which the Renter shall pay for and use the facilities and amenities (“Facility”) of the Akwa Marina Yacht Club in Laconia, N.H. In order to use slips, cabanas, jet docks, or kayak racks, Renter must pay the prices specified below. All other aspects of the Facilities shall be available to Renter, subject to the terms, conditions and rules set forth below.
2. TERM: This Agreement is for a period from May 15, 2019 to October 15, 2019 inclusive.
3. PRICE: Please fill out below all paragraphs that are applicable. Deposits are due upon signing, and the balance is due January 1st 2019. After January 1st the pricing structure changes and all unpaid balances are subject to an annual interest charge of 20%. Access to the Facilities is not permitted until entire balance is paid in full. All prices are per season.
A. SLIPS: The rental price and deposit are non-refundable. Deposit is $1000.00. Rentals are based on the length of boat, $210.00 per linear foot of boat above the water line (this includes swim platform). Please fill in the length (24' minimum or at least the max for the slip) here ___________ X $210.00 =____________ total. The balance of $__________ (total less the$1000 deposit) is due by January 1st 2019. All late balances are subject to an annual interest charge of 20% and rental fee must be paid in full prior to occupying the slip. Balances not paid in full by January 1st will be changed to $225.00 per linear foot.
i. Meredith Bay owners receive a $600 discount that is applied to the balance due by January 1, 2019 $600 discount on the boat slip, I will apply it to my balance, Slip Total_______-$600 = $___________.
ii. If you do not plan to use the slip and would like us to try to sublease it for you, we charge a fee of $800 to sublease. Initial here and indicate your slip number. _______
B. CABANAS: Mini Cabanas (1-23) are $500 and due at signing. Mini Power Cabanas (25-69) are $500 and due at signing. Stadium Cabanas (1A-8A) are $3000.00. Cabanas 10B and 18B are $2750. Stadium Cabanas 9B, 11B-13B and 15B-17B and 19B are $3000. Cabana14B is $5500 and 20C is $8500. All cabana fees are due at signing. All late balances are subject to an annual interest charge of 20% and all fees must be paid in full prior to occupying the cabana. A discounted Social Membership of $600.00 is required to rent a cabana if you do not have a boat slip, an ABC membership, if you do not rent two stadium cabanas or if you are not a Meredith Bay owner. A digital Cable Box shall be an added $200 for the season. Please fill in your Cabana Number __________ and your total $__________.
C. DRIVE ON JET DOCKS: Drive on Jet docks are reserved on a first come first serve basis. We do not take reservations for specific jet docks. Plan accordingly. Water depth and location are subject to change and are not guaranteed. The rental price for a drive on Jet Dock is $1000 and is due at signing. All late balances are subject to an annual interest charge of 20% and rental fee must be paid in full prior to occupying the jet dock. Please fill in your total $________. (JET DOCKS DO NOT INCLUDE A SOCIAL MEMBERSHIP.)
D. KAYAK RACK: Kayak Racks are reserved on a first come first serve basis. We do not take reservations for specific racks. Plan accordingly. You supply your own lock. We take no responsibility for security. We take no responsibility for damage. Use at your own risk. The price is for one rack; you may have more than one kayak per rack but not more than one rack. Members can not share racks. Your last name must be marked on the craft. The rental price for a Kayak Rack is $75 and is due at signing. All late balances are subject to an annual interest charge of 20% and rental fee must be paid in full prior to occupying the jet dock. Please fill in your total $__________. (Kayak Racks DO NOT INCLUDE A SOCIAL MEMBERSHIP.) My kayaks will be in rack #__________________.
E. SOCIAL MEMBERSHIP: Social memberships are reserved on a first come first serve basis. Payment is due at signing. Dues for a family membership are $1500. This is comprised of a family of 2 adults and 3-5 children under the age of 26 years old. Junior memberships are available for adult children over the age of 25 for $500 per child. All late balances are subject to an annual interest charge of 20% and rental fee must be paid in full prior to entering the Facility. Please fill in your total $_________. Please fill in your total $_____________. A SOCIAL MEMBERSHIP IS NOT REQUIRED FOR ANYONE WHO IS RENTING A SLIP, OWNS IN MEREDITH BAY, IS IN THE ABC, OR HAS TWO STADIUM CABANAS. ALL OTHERS REQUIRE A SOCIAL MEMBERSHIP.
4. Renter agrees to indemnify and hold harmless Owner from any and all claims and expenses arising out of use of the Facility. Owner is not responsible for any items lost or stolen. If Renter including Meredith Bay owners enters into any type of litigation against Owner, all access to the club can be permanently terminated at the sole discretion of Owner.
5. Rules for use of the Facility are subject to change at any time You may review changes at anytime at http://akwamarina.com/page/marina-rules. Renter has read the rules annexed to this Agreement and agrees that a violation of these rules constitutes a material breach of this Agreement which shall be subject to the same remedies as a breach for non-payment.
6. Pursuant to RSA 540-C, Renter acknowledges that nothing in this Agreement creates a landlord-tenant relationship between Renter and Owner. Nonpayment of the dues listed in Paragraph 3, OR any other violation of any term of this Agreement shall be considered a breach of this Agreement upon which Owner may immediately preclude use of its Facilities . If Renter has rented a Cabana, upon Renter’s breach Owner may move any and all belongings to a reasonably safe storage area for 48 hours, after which, Owner may dispose of the property. If this Agreement is terminated for Renter’s breach Renter’s entry onto the property is prohibited and shall be deemed a trespass and the Renter may be subject to criminal and civil penalties.
7. Payment by credit card is subject to a 4% fee. All money received by Owner is non-refundable. No refunds of any kind will be given.
8. Renter must execute this Agreement by October 15th 2018 and pay the deposit to secure membership. Balance is payable by January 1, 2019. After January 1st, 2019 all late balances are subject to an annual interest charge of 20%. All fees must be paid in full prior to entering the Facility.
9. Renter agrees to reimburse Owner for legal fees and costs incurred in enforcing of this Agreement.
10. Renter and their guests assume the risk of injury or loss or damage to any boat, vessel or personal property. . Owner shall have no responsibility for any such property.
11. Insurance: Renter shall at all times maintain fire, casualty, extended coverage and liability insurance on their boat and personal property. Such policies, to the extent practicable, shall also run to the benefit of Owner in the event of damage to Akwa Marina or injury to Akwa Marina members, guest or employees as a result of an insured event under such policies. The Renter shall provide a Certificate of Insurance to Owner prior to occupying slip.
12. Renter shall be held liable for damages they cause to other vessels, structures, and/or equipment.
13. Renter acknowledges that the Facility may be used for private functions that may restrict access to portions of the facility at any given time.
14. Renter agrees to follow all the laws the state of NH requires of Owner and Akwa Marina Beach Bar including, but not limited to, designated liquor and health licenses. Renter must comply with rules for beach bar and not take food and drink from the Beach Bar beyond designated areas. Outside food and beverage is not allowed in areas designated for the Beach Bar.
15. Renter, and Renter’s family members, guests, assigns and representatives, hereby releases, waives, discharges, and covenants not to sue Owner or Owner’s officers and employees from and for any liability or damage resulting from the use of the Facility, except for those caused by the willful misconduct, gross negligence or intentional torts of Owner. Renter also agrees to indemnify, defend and hold harmless Owner from any and all claims, actions, suits, procedures, costs expenses, damages, and liabilities, including, but not limited to, attorney’s fees, arising from, or in any way related to, Renter’s use of the Facility, except for those arising out of the willful misconduct, gross negligence, or intentional torts of Owner.
Please make check payable and submit to: Akwä Marinä Yacht Club, LLC, 425 Lakeside Ave, Laconia NH.
INSURER’S COMPANY NAME: _________________________________________________
Certificate of Insurance will be provided, (initial) __________enter(S) further certifies that they have examined the space in which the subject boat is to be placed and find it suitable and acceptable. The Renter(S) also certifies that they understand the terms and conditions set forth therein.
DIRECT FAMILY NAMES: 1:_______________________ 2:_______________________
All Children under the age of 16 are to be accompanied by an adult at ALL times while on the premises.
Use of the Club and Facilities is for Renter and direct family only. Direct family is defined as: unmarried children up the age of 26 and limited to <6 children. All direct family member names will be provided to the club. Guest passes can be checked out on a daily bases for a fee ($20/day/guest) at the clubs discretion. Grandparents are welcome at no charge. Guest and grandparents must be accompanied by the member. Use of the Facilities by a guest/grandparent without the member is not allowed.
Renter shall not store supplies, materials, accessories or debris upon walkways including the docks, nor construct or place any structures on docks or walkways without the permission of Owner. Rafts/kayaks/canoes/cooler/chairs/dock boxes/etc. are not to be stored on the docks or in the water. Large pop up tents and oversized umbrellas are not allowed on the beach unless approved by Owner.
Renter shall not affix any carpeting, matting or other like materials to any part of the Marina.
Boat trailers are not permitted to be parked on marina property unless arrangements have been made.
No charcoal grills or open fires shall be allowed on docks, on vessels or on marina property except in an approved location. Such locations are subject to availability.
No engine fuel shall be carried on or off any docks.
No swimming or diving shall be permitted within or near the Marina Docking area. This is for your safety!!!
Any vessels which become immobilized at the marina shall be removed by Owner Renter’s expense.
Owner shall not be responsible for any losses from damages to vessels in the Marina.
Sub-leasing or transfer of rentals or transfer of vessels between slips shall not be allowed without prior written permission of Owner. If Renter vacates slip for one consecutive week without prior notice to Owner, the rental shall terminate, and the owner may rent the slip or cabana again at its own discretion.
Renters shall use discretion in operation of all noise or sound generating equipment so as not to create a nuisance. Gatherings within the Marina shall be conducted so that the rights of other renters and abutters to reasonable peace and quiet are not infringed upon. Please keep noise to a minimum after dusk. The Marina beach and clubhouse must be quiet by 11:00 pm. Disorderly conduct by Renter or their guests shall be cause for immediate termination of rental, without refund to Renter.
All pets shall be kept on a leash and taken directly from car to boat or boat to car. No pets shall be allowed anywhere on Marina property or beach, except the southeast portion of the property designated for walking of pets. Owners must pick up after their pets.
Use of the grills is subject to availability. Members provide their own propane tanks. The gas grills are not allowed to be moved from their location in the picnic area on the grass. Personal grills are not allowed anywhere in the Facilities.
All lavatory and clubhouse facilities are to be locked when not in use. Please do not vandalize the restrooms. Accompany all children under the age of 16 to the bathroom.
Due to the regulated water level of Lake Winnipesaukee, the Owner cannot guarantee the depth of the slips.
Renters only are allowed to overnight on boat.
No sign, notice or advertisement shall be placed in or about the club property, including the slips, nor on or about any boats or vessels therein, without the prior written permission of the Owner.
Outside labor or contractors are prohibited from entering the club property unless the Owner grants expressed written permission.
The Owner shall maintain a registry of all boats including the names Renters and the name of their vessel.
Any boat left in water after October 16, 2019 without prior arrangement will/can be hauled at Renter’s expense.
Water and power on the docks is not guaranteed and is only available from May 15th to October 15th.
Owner and/or its agents shall not be responsible for vandalism, fire, storm, theft, or acts of God.
Renter shall park only in the designated parking area. Renter hereby indemnifies and holds harmless Owner and its authorized agents and employees from any loss or claims while Renter or its property is on the premises at Akwa Marina. Vehicles parked in through ways, in an inappropriate manner, or on the city street are subject to towing or ticketing. Repeat offenders’ membership will be terminated, without refund.
Owner reserves the right to make slip changes or move boats.
The use of the wood fire pit is not guaranteed. Owner expects Renter to put out fire after use.
No food or drink in the pool, hot tub, or volleyball court.
Please clean up after yourself. Place trash in garbage can or recycling bins. If you have large volumes of trash please place in appropriate dumpster. Do NOT place garbage in the small bathroom garbage cans. Do not overfill garbage bins.
Boats leaving for an extended period will notify the Harbormaster’s office of anticipated departure and return dates. The management reserves the right to rent all docks when vacant.
Hull scraping and painting is prohibited within the marina.
Violation of the above rules and regulations, disorder in conduct, or indecorous conduct by the guest, their employees, invitees or agents, that might injure a person, cause damage to property or harm the reputation of Owner shall be the cause for immediate removal from the marina of the boat in question and permanent expulsion of Renter or until written reinstatement is given by Owner.
No bicycle, rollerblading, skateboarding etc. on the walkways or on the pool patio.
There is no lifeguard on duty. Please swim at your own risk. No diving.
Please be respectful when an area is closed down for a private function.
NO SMOKING ANYWHERE. This is a non-smoking Facility.
There is no preferred parking.
Under the Clean Water Act Section 312, all waters from the head shall be directed to on board storage (holding) tanks for later disposal via a marina pump-out facility. At no time shall any of these wastewaters be discharged into the marina or the lake. Violation of this rule is a breach of the Renter’s Agreement and will result in immediate removal of vessel, notification of the marine patrol, and reimbursement for any clean-up costs incurred. Patrons are encouraged to direct waste waters from showers and galleys to on board storage tanks for later pump out, or to use the dry land shower facilities.
Boats with holding tanks must use a pump-out station on a regular schedule.
There shall be no discharge of bilge slop, oil, or fuel contaminated bilge water in the Lake. No boat washing materials shall be used. Any boat discharging contaminated water will be required to leave the marina until the problem has been rectified and must reimburse the marina for any clean-up costs incurred.
Engine maintenance and repair, which could result in discharge of oils and greases or other harmful substances into the water, is prohibited.
No person, owner, or crew member of any vessel in the marina may hire, or cause to be hired, any contract labor to perform maintenance, repair, or any type of work upon a vessel without first obtaining the approval of the Owner and without the contractor having on file in the Owner’s office liability insurance in the amount of $500,000.00.
Boat ramp is for loading and unloading purposes during the opening and closing weekends only. Please call to schedule a time two days in advance if for special reason boat ramp is needed at another time during the season. Use of boat ramp is not guaranteed. Use of the ramp on the weekends is not allowed.
Vehicles are not to be left in the parking area during long periods of vehicle owner’s absence. Any vehicles suspected of being “stored” in any parking area on the property will be towed at the vehicle owner’s expense.
Refuse shall not be thrown overboard. No person shall discard oil, spirits, flammable liquid, or oily bilge into the water, on the marina site, or in trash receptacles.
Owner may retie your boat, unplug your boat or if it deems an emergency repair your boat
Snubbers must be used with ALL ropes to secure boats to docks. This rule is strictly enforced. If Renters do not adhere to this requirement Renter will be asked to leave Facility. Snubbers must be of appropriate quality to accommodate size of boat.
The pool and hot tub may close any time after September 15th during cold weather.
The Lawns, Pavilions, Beach Bar, or any portion of the grounds can be reserved for private parties or events. Use of them is not guaranteed. To make a reservation contact Owner. There is a fee for private parties or events.
In the event of a double booking Owner will use its sole discretion to remedy the problem, but may need to terminate this Agreement.
As per marina bylaws no open fires of any kind are permitted at Akwa Marina. As per Town law any fire needs a permit, and only the Marina Management can obtain the necessary permits. We will prosecute any offenders who start any fires as mentioned above.
Rules are subject to change at any time with no notification.
For exclusive use of Akwa Marina Yacht Club Members.
No Life Guard on Duty ~ SWIM AT YOUR OWN RISK.
In case of Emergency dial “911”.
Bathers must take a cleansing shower before entering the water of the pool or spa, please no sand.
Children under the age of 16 not allowed in the pool area without proper adult supervision.
Members shall not bring food, or drink into the pool, spa or within 4 feet of the water’s edge.
No glass is permitted within fenced in pool & spa area.
Please keep noise levels to a minimum after 8pm, pool closes as 10pm.
All Members must present valid membership card upon request, or may be asked to leave premises.
No pets allowed at any time.
Members shall not run or engage in boisterous rough play in the bathing area.
No clothing permitted in pool or spa, swimsuits only.
Members shall not spit in or in any other way contaminate the water, floors, walkways, cabana area of the bathing facility.
Members shall not bring or throw into the water any objects that may in any way carry contamination or otherwise endanger the safety of bathers.
Members shall not discharge any bodily fluids into the water of the pool or spa.
Members with any communicable disease shall not enter the water the pool or spa.
No Smoking on premises permitted.
Members shall not use spa alone unless permitted by the owner.
Members shall not use spa if under the influence of alcohol, anticoagulants, antihistamines, vasoconstrictors, vasodilators, stimulants, hypnotics, narcotics or tranquilizers.
Members who are elderly, pregnant or suffering from heart disease, diabetes, or high or low blood pressure should check with a physician before using spa.
Unsupervised children under 16 years of age shall not use spa.
Temperature and/jets are subject to availability.
Bathers shall not use body oils or lotions before entering or in spa.
Please rinse off prior to entering spa. No sand shall be permitted to enter the spa.
Bathers should not use spa for longer than 10-minute immersion without a break period before cooling off.
The use of the Cabana is intended solely for Renters. Renters may not act as an agent for others seeking to use the Cabana. Cabanas may not be sublet.
The Akwa Marina Cabana is Non-Smoking Facility.
YOU MUST CHECK THE FACILITY WHEN YOU FIRST ARRIVE TO SEE THAT EVERYTHING IS IN GOOD CONDITION.
This includes storage room. You must call the Owner IMMEDIATELY if anything is out of order or any damage is observed. You will be liable for all damage and clean-up required as a result of your Cabana usage.
Do not use extension cords. Use extreme caution and properly use all electrical outlets.
No Akwa Marina chairs or tables are to be stored in the Cabana. Please do not remove them from the park or pool areas.
Please do not leave open the door leading out to the pool area.
Do not use adhesive tape on the walls, doors, ceilings or fixtures. Do not leave any tacks or pushpins in the Cabana. Do not put screws or nails in the walls.
No stereo speakers may be placed outside the Cabana. Please be considerate of surrounding neighbors – especially late evening.
Take your trash with you. Do not use the Cabana as a trash cans.
Lease must be renewed for proceeding season, prior to end of current season, in order to leave large personal effects such as furniture etc. inside of cabana over winter months.
The Cabana and its facilities are available to rent for the purpose of storage. Any deviation from that purpose may cause this Agreement to be terminated.
Sleeping in cabana is not permitted.
Cabana may not be used for any unlawful purposes.
No storage of gasoline, propane, fuel or any other flammable materials allowed inside of cabana.
After October 15th all perishables and freezable items must be removed from the cabanas. Owner will inspect all cabanas for perishables and freezable items. Renter shall be responsibility for any damage or stains from items freezing or spoiling over the winter. Owner can also assess a removal fee (no less than $100) if it deems the items to be excessive.
Owner reserves the right to enter cabana at any time.
NO PETS IN CABANAS.
Please use cabana with respect as if it were your own personal property. Remember to shut off the ceiling fan and lights, turn off running water etc. This helps the green movement and helps keep costs down which in turn help keep your future costs down.
Cabanas cannot be used by guests/renters/friends. Cabanas cannot be re-rented. In the case of Meredith Bay owners, use of cabanas by guests or renters is not permitted.
The Cabana will be inspected immediately after usage to ensure compliance with the Cabana rules. You will be liable for all damages to the Facilities caused by you or anyone attending your event. Misuse of the Cabana will require a $200.00 security deposit for any future use and may result in revocation of Cabana use privileges. It is especially important that the door is secured after usage!
Renter must advise the Cabana Rental Chairperson at the beginning of the reserved usage time if the Cabana is not in good order.