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Membership Agreement

Aurelia Boat Club (PurecraftX Inc)

 

This Membership Agreement (“Agreement”) is made as of the date of Agreement signature (“Agreement Date”) by and between PurecraftX Inc. ("Aurelia Boat Club") and the named member (“Member”).

 

Aurelia Boat Club and Member hereby agree as follows:

 

AURELIA BOAT CLUB RULES AND REGULATIONS
In presenting these Rules and Regulations to you, our Member, we have three primary responsibilities that we uphold to the best of our abilities: your safety, the safety of others around you, and the effective preservation of our company and its employees. These are the factors that were and will continue to be paramount in our adaptation of these Rules.

By signing the Membership Agreement and using any boats or services provided by Aurelia Boat Club (“Aurelia”), each Member acknowledges that they have read, understood, and agreed to these Rules and Regulations and the Membership Agreement. Violations of any part of this Agreement may result in fines, suspension, or termination of membership, at Aurelia’s sole discretion.

 

MEMBERSHIP FEES

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1. Initiation Fee. The Member agrees to pay Aurelia Boat Club a one-time initiation fee of one thousand eight hundred fifty dollars ($1,850) at the start of this agreement. This payment is a prerequisite for the continuation of their monthly membership. Included in this fee is a refundable security deposit of two hundred seventy-nine dollars ($279).

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2. Monthly Fee. The Member agrees to pay Aurelia Boat Club a monthly, non-refundable membership fee of two hundred seventy-nine dollars ($279), plus applicable sales tax of $28.59 (10.25%), on or before the first day of each month starting on the Agreement Date and continuing for the duration of this Agreement. Aurelia Boat Club reserves the right to increase the Monthly Fee at any time.

 

3. Use Fee. Upon making a reservation for a club vessel, the Member shall pay Aurelia Boat Club a use fee of thirty-five dollars ($35), plus applicable sales tax of $3.59 (10.25%). Aurelia Boat Club reserves the right to increase the Use Fee at any time.

 

4. Late Return Fee. Aurelia Boat Club requires Members to return boats before the end of their reserved boating session to allow time for battery charging before the next session. If a Member returns a boat later than the designated return time, Aurelia Boat Club will charge a late fee equal to the current Use Fee, plus applicable sales tax. Repeat late returns may be grounds for termination of the Membership Agreement.
 

PAYMENT METHOD

 

1. Payment Method. The Member shall make all payments of the initiation fee, monthly fee, use fees, and late fees exclusively through Aurelia Boat Club's online payment system.

 

REFUNDS

 

1. Earned Fees. Except for use fees, all amounts paid by the Member under this Agreement—including the initiation fee, recurring monthly membership fee, and any other fees—are immediately earned by Aurelia Boat Club at the time of payment and are nonrefundable.

 

2. Refunds. Use fees are fully refundable if the Member cancels the reservation at least 24 hours prior to the scheduled use. Aurelia Boat Club does not issue partial or prorated refunds if the Member concludes a boating outing before the reserved time has expired.

 

PAYMENT AUTHORIZATION

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1. Payment Authorization. By signing this Agreement, the Member authorizes Aurelia Boat Club to charge the Member's credit card monthly for the fees specified in this Agreement. The Member acknowledges and agrees that Aurelia Boat Club shall automatically charge the Member's credit card for such fees without requiring additional authorization.

 

2. Automatic Billing. The Member acknowledges and agrees that this automatic billing authorization shall remain in effect until this Agreement is terminated. The Member further agrees that they are solely responsible for ensuring their credit card information is current and accurate by providing timely notice of any changes to Aurelia Boat Club.

 

3. Payment Declination. If the credit card company declines a monthly payment, Aurelia Boat Club will attempt to process the payment again and may assess a late fee or other charges. The Member acknowledges and agrees that they are responsible for all costs, charges, and penalties imposed by their bank or credit card issuer due to a declined payment.

 

Aurelia Boat Club

Membership Rules and Regulations
 

1. Eligibility. A Member must be at least 25 years of age and have signed the Membership Agreement, acknowledging and agreeing to be bound by the terms and conditions of these Rules and Regulations, to operate a boat. In addition, Member
must have completed the new member orientation program and obtained a Boater Education Card, if applicable, before being allowed to operate club boats.

2. Use. Members may reserve and use the boats using Aurelia Boat Club’s online reservations system as frequently as they wish, any day of the week, including holidays, subject to availability. Member may hold no more than two reservations at
one at one time. Aurelia Boat Club reserves the right to change reservations and pull boats from the reservation system anytime for maintenance, repair, or other reasons. If Aurelia Boat Club cancels a Member reservation because the boat
becomes unavailable, Aurelia Boat Club will refund the Use Fee.

3. Cancellations. As a courtesy to other club members, Member agrees that if they need to cancel a reservation, they must do so at least 24 hours before the reserved time to make the boat available to other members.

4. Authorized Vessel Operators. A named Member of the Aurelia Boat Club (“Member”) must be present on the vessel at all times while it is in use. A guest of the Member may operate the vessel provided the guest is at least twenty-five (25) years of age and possesses a valid Boater Education Card. However, under all circumstances, the Member shall be fully liable for the use and operation of the vessel, including any use by their guests. The Member expressly assumes all responsibility and liability for any damage, loss, injury, or claim arising out of or related to the vessel’s operation, whether operated by the Member or any guest or
invitee.
 

5. Check Out. Before departing from the dock, the Member must thoroughly inspect the boat and report any damage to the Aurelia Boat Club staff. The Member is also responsible for ensuring the battery is unplugged and fully charged. Additionally,
the Member must check and confirm the availability and functionality of safety equipment, including life preservers, fire extinguishers, visual distress signals (such as flares and flags), and sound-producing distress signals (like whistles). Finally, the
Member must supply child passengers onboard with appropriate life vests.

6. Passengers. Unless noted on the vessel, the maximum number of passengers
allowed on an Aurelia Boat Club boat is 10.

7. Boat Use. Members and guests are only allowed to cruise and swim. If the Member or their guests choose to swim, they agree to turn off the motor and follow all applicable safety protocols. These protocols include ensuring that the water is not
too cold for swimming and displaying a bright orange or red flag on the boat to signal to other vessels that swimmers are in the area.

8. Boating Area. Aurelia Boat Club only permits boating in the following areas: Ship Canal, Lake Union, Portage Bay, Montlake Cut, Union Bay, and Lake Washington. Aurelia Boat Club prohibits Members from taking boats through the Ballard Locks to Puget Sound. Suppose a Member decides to take a boat onto Lake Washington. In that case, they are responsible for monitoring their battery, power, and time so that they can safely return the boat to its moorage before the end of their designated
boating session. Aurelia Boat Club equips each boat with a navigation chart that includes estimated distances and travel times between waterways and points of interest.

9. Alcohol and Drugs. Operation of any Aurelia Boat Club boat while under thinfluence of alcohol or drugs is strictly prohibited. This rule is in place to prevent serious injury to others and damage to the Aurelia Boat Club boat or other boats. Additionally, our insurance coverage has severe restrictions when alcohol or drugs are involved. As such, Aurelia Boat Club reminds each Member continuously to operate the Aurelia Boat Club boats while sober and alert. Aurelia Boat Club reserves the right to suspend or terminate any Member's membership found violating this rule.

10. Returning the Boat on Time. Member agrees to return the boat on time after each use, as defined in the booking system. Member acknowledges that returning the vessel on time is critical to ensure ample time to recharge the batteries before the
following member's reservation. If Member fails to return the boat on time, Member may be charged a late fee or have their membership terminated.

11. Charging the Boat. Member shall ensure that the Aurelia Boat Club boat's battery is adequately charged before and after each use. Member is responsible for plugging in the charging cord to recharge the battery after each use. Failure to do so may result

in the following user not having enough power to sustain their outing, disrupting the other members' schedules. Members shall take care of the boats as if they were their own, and failure to do so will result in a fine, suspension, or termination of
membership privileges.

12. Cleaning the Boat. Member is responsible for cleaning up after themselves after each time they use a club boat. This rule includes removing personal items or trash from the boat, wiping soiled surfaces, and disposing of food or beverage containers.
Failure to do so creates an unpleasant environment for the next member to use the vessel and can result in additional cleaning fees, which Aurelia Boat Club may charge Member.

13. Reporting Damage. Member is responsible for reporting lost or damaged safety equipment before using the boat. Member must also report any damage or injuries while operating the boat.

14. Towing. Aurelia Boat Club will be responsible for reasonable towing charges as defined by Aurelia Boat Club unless Aurelia Boat Club determines that the need for towing is due to Member's recklessness or ignorance (e.g., leaving the radio on all day or operating the boat at high speed and draining the battery). Member is responsible for towing charges that exceed the regularly accepted towing limit by the tow company in that geographic area. For example, each Seattle boat has a Boat U.S. membership with a tow radius of 25 miles. Members are responsible for all towing charges beyond a 25-mile radius of the boat's moorage if used, regardless of the reason for the towing.

15. Responsibility for Boat. The Member assumes full responsibility for any loss or damage to Aurelia Boat Club boats and accessories from receiving them until the proper check-in at Aurelia Boat Club. The Member agrees that only they should be
responsible for the operation of the Aurelia Boat Club boat, as per Aurelia Boat Club’s Hull and Machinery Insurance coverage. If alcohol or drugs contribute to a collision, the Member is entirely responsible. Aurelia Boat Club will charge the accountable member for any damage discovered during check-in. However, some damage, particularly to the engine, may only be noticed later. If Aurelia Boat Club deems the Member responsible for the damage, Aurelia Boat Club will charge
Member for all costs incurred to restore the Aurelia Boat Club boat to its initial condition. In case of non-payment, Aurelia Boat Club may deny boat usage, require the Member to attend a meeting, or take any necessary action, including suspension
or termination of membership.

16. Injury and Damage to Property. The Member acknowledges and agrees that operating a Aurelia Boat Club boat is a specialized activity involving risks of injury and damage to property. The Member is responsible for the safety of all persons and
property on board the Aurelia Boat Club boat and all persons who may encounter the Aurelia Boat Club boat, including Member, Member's passengers, and the public in general.

The Member is deemed automatically to be additionally insured on Aurelia Boat Club's Hull and Machinery, and Protection and Indemnity policies for personal injuries, subject to the co-assurance clause. Accordingly, the Member will be afforded the same coverage and protection afforded to Aurelia Boat Club under such an insurance policy.

The Member acknowledges and agrees that Aurelia Boat Club's insurance coverage is for the Member and guests only while the Member is operating the boat. Insurance coverage does not apply if a non-member uses a Aurelia Boat Club-insured boat during a collision. The Member agrees to release, indemnify, defend, and hold Aurelia Boat Club, its officers, directors, employees, and agents harmless from and against all claims, loss, damage, and expense, including reasonable attorneys' fees and costs 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, foreseen or unforeseen, patent or latent arising from or relating to the use or operation of a Aurelia Boat Club boat in violation of the membership agreement or these rules and regulations. This release and indemnification of
Aurelia Boat Club, its officers, directors, employees, and agents shall extend to any injury occasioned wholly or in part by any act or omission of Aurelia Boat Club, its officers, directors, employees, and agents.

The Member further understands and acknowledges that Aurelia Boat Club is not responsible for the death, injury, property loss, or damages resulting from or arising out of the acts or omissions of any third party. Additionally, Aurelia Boat Club is not responsible
for any such loss or damages resulting from the Member's boat operation and related water sports activities, including, but not limited to, swimming, diving, snorkeling, water skiing, knee-boarding, wakeboarding, and tubing. Accordingly, the Member shall hold Aurelia Boat Club harmless and indemnify Aurelia Boat Club against any claims by any persons arising
from such water sports activities.

17. Commercial Use. The use of Aurelia Boat Club boats is strictly limited to personal and recreational purposes only. Furthermore, Aurelia Boat Club prohibits Member from using boats for any commercial purpose, including but not limited to charging
passengers for rides or any other commercial activities.

18. Compliance with Laws and Regulations. Members shall comply with all applicable government laws, regulations, ordinances, and requirements related to Aurelia Boat Club boats' use, operation, and utilization. Members shall also comply with all requirements of any insurance companies providing insurance for Aurelia Boat Club and the rules and regulations of any marina or other docking facility where Aurelia Boat Club locates boats or Members visit. Failure to comply with any applicable laws, regulations, or requirements may result in the termination of the membership.

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19. Fines. Members shall be responsible for any fines or penalties imposed by any regulatory authority because of their use or operation of Aurelia Boat Club boats and shall indemnify and hold Aurelia Boat Club harmless from any claims, damages,
or liability arising from their failure to comply with such laws, regulations, or requirements.

20. Amendments. Aurelia Boat Club reserves the right to modify these Rules and Regulations as is necessary or appropriate, in its sole discretion, from time to time.

21. Member Default and Termination of Membership. The following shall constitute a default under these Rules and Regulations and may result in immediate suspension or termination of membership, at Aurelia Boat Club's sole discretion:

• Failure to maintain current payments on the membership account.
• Use of alcohol or drugs while operating a boat.
• Repeated incidents of reckless or negligent boat operation.
• Behavior unbecoming of a Member, including harassment or discourtesy toward staff or other members.
• Allowing unauthorized users to operate a boat.
• Engaging in any commercial activity using Aurelia boats.
• Violating any part of these Rules and Regulations or the Membership Agreement.

Aurelia reserves the right to deny access to any Member whose behavior poses a risk to themselves, other Members, the public, or the Aurelia fleet.

22. Dispute Resolution and Arbitration. Any dispute or claim arising out of or relating to this agreement, the operation of Aurelia
Boat Club boats, or any aspect of the Membership Agreement shall be resolved by binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
• Arbitration shall be held in King County, Washington.
• The parties shall bear their own legal fees and share the cost of the arbitrator.
• The arbitrator’s decision shall be final and enforceable in a court of law.

The parties waive any right to a jury trial. If litigation is necessary, both parties agree to venue and jurisdiction in the courts located in King County, Washington.

23. Indemnification and Limitation of Liability. Aurelia Boat Club provides all boats "as is" without any warranty of merchantability or
fitness for a particular purpose. Members waive all claims against Aurelia, its owners, directors, officers, employees, and agents, for any injury, loss, or damage to personal property arising out of the operation or use of any club boat.

This includes but is not limited to:
• Equipment malfunctions.
• Damage from third-party actions.
• Injuries from water sport activities, regardless of equipment used.
• Adverse weather conditions or mechanical failure.

Member agrees to indemnify, defend, and hold Aurelia Boat Club harmless from and against all claims, liabilities, damages, and expenses, including reasonable attorneys’ fees, resulting from Member’s use of Aurelia boats.

24. Force Majeure. Aurelia Boat Club shall not be held liable for failure to perform due to events beyond its reasonable control, including but not limited to: natural disasters, equipment shortages, power failures, labor disputes, or governmental restrictions.
25. Non-Transferability and Ownership. Membership in Aurelia Boat Club is non-transferable and does not grant any legal or
equitable ownership interest in the club, its boats, or assets. Members may not assign or
sublicense their membership privileges to any other party.
26. Amendments and Final Provisions. Aurelia Boat Club reserves the right to modify these Rules and Regulations at any time. All
amendments shall be posted publicly or sent to Members electronically, and continued use
of club services shall be deemed acceptance of the updated terms.

These Rules and Regulations, together with the Membership Agreement, constitute the full agreement between Aurelia Boat Club and the Member. No oral statements or prior written materials shall have binding effect unless formally incorporated into a revised version.
 

​PurecraftX Inc.