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Outback Marina Terms of Use and Liability

THE OWNERS, STRATA PLAN KAS3104
(the “Marina Operator”) - Operating as The Outback Marina (Vernon, British Columbia)
1. Acceptance of Terms

By submitting a moorage request, accessing, or using The Outback Marina (“Marina”), you agree to be bound by these Terms of Use and Liability Waiver (“Agreement”). If you do not agree, you must not use the Marina.

2. Booking Requests and Confirmation

All moorage submissions are requests only and do not constitute a confirmed reservation.

  • All requests are subject to review and approval by THE OWNERS, STRATA PLAN KAS3104 (“Marina Operator”)

  • The Marina Operator may accept or decline any request at its sole discretion

  • If approved, marina staff will contact the applicant with confirmation and a secure payment link

A booking is not confirmed until:

  1. The request has been approved, and

  2. Full payment has been received

The Marina Operator is under no obligation to hold or reserve a slip until payment is completed.

3. Payment Terms

  • All bookings must be paid in full in advance

  • Payment must be completed within the timeframe specified in the confirmation communication

  • If payment is not received within that time, the request may be cancelled without notice

  • The Marina Operator reserves the right to correct pricing errors, availability errors, or system inaccuracies prior to confirming a booking

No moorage rights are granted until payment is received in full.

4. Use of Marina Facilities

Users agree to:

  • Use the Marina safely and responsibly

  • Follow all rules and staff instructions. Ratified rules for the Marina have been provided as an appendix to these terms.  

  • Ensure their vessel is seaworthy and suitable for moorage

  • Not refuel or transfer any flammable liquids or petroleum products within the Marina under any circumstances. This is a zero-tolerance rule: violation will result in immediate and permanent loss of moorage rights, a fine, and liability for all clean-up costs

The Marina does not provide dry storage for vessels or trailers. Users must arrange off-site storage independently.

Users are responsible for the conduct and safety of their guests.

5. Check-In and Check-Out

  • Users must check in prior to entering the Marina

  • A slip assignment must be obtained before docking

  • Users must notify marina staff when:

    • Checking out, or

    • Leaving their vessel unattended for more than 2 days

Failure to comply may result in removal or additional charges.

6. Vessel Mooring and Safety

All vessels must:

  • Be properly secured at all times using appropriate lines, snubbers, and fenders

  • Be maintained in a condition that does not pose risk to others

Storms and wave activity may exceed the capability of the breakwater.

The Marina Operator reserves the right, but not the obligation, to secure or adjust any vessel deemed unsafe, at the owner’s risk and expense.

7. Weather and Environmental Risks

Users acknowledge that:

  • Weather conditions may change rapidly

  • Waves, wakes, and water movement may cause damage

  • The Marina does not guarantee protection from environmental conditions

All such risks are assumed by the user.

8. Cancellation Policy

  • A 50% refund will be issued if a booking is cancelled 30 or more days prior to the start of the rental period

  • No refunds will be issued for cancellations made within 30 days of the start of the rental period

9. No Bailment

Use of the Marina does not create a bailment relationship.

The Marina Operator does not take custody, control, or responsibility for any vessel or property, and all vessels remain under the care, custody, and control of their owner at all times.

10. Limitation of Liability

To the fullest extent permitted by the laws of British Columbia:

The Marina Operator shall not be liable for any loss, damage, injury, or expense, including:

  • Damage to or loss of vessels, equipment, or personal property

  • Personal injury or death

  • Indirect, incidental, or consequential damages

This includes damage caused by:

  • Weather, waves, wakes, or environmental conditions

  • Other vessels or users

  • Theft, vandalism, or third-party actions

  • Marina infrastructure or equipment

11. Liability Waiver and Assumption of Risk

By using the Marina, you acknowledge and agree that:

  • Boating and moorage involve inherent risks, including property damage, injury, and death

  • You voluntarily assume all such risks

  • You also make the following declaration:

On behalf of myself, my guests, including licensees and invitees, my heirs, executors, successors, and administrators, I hereby release and waive all claims against THE OWNERS, STRATA PLAN KAS3104 (the “Marina Operator”), its officers, directors, employees, and representatives (collectively the “Releasees”) for any and all personal injury, death, property damage, or loss sustained by me or any such party as a result of storage of property, use, or attendance at the Marina due to any cause whatsoever, including, without limitation, negligence on the part of the Releasees, to the fullest extent permitted by law.

Nothing in this Agreement excludes liability where such exclusion is prohibited under applicable law.

12. Indemnification

You agree to indemnify and hold harmless THE OWNERS, STRATA PLAN KAS3104 (the “Marina Operator”), its officers, directors, employees, and representatives from any claims, demands, losses, costs, debts, damages, actions, suits, or other proceedings, including legal fees, arising from:

  • Your use of the Marina

  • Your vessel

  • Your guests

  • Your breach of this Agreement

13. Enforcement and Removal

The Marina Operator reserves the right to:

  • Deny access to any person or vessel

  • Remove, relocate, or secure vessels that violate these Terms; a relocated vessel may be held until all outstanding fines and costs are paid in full

All associated costs may be charged to the vessel owner.

14. Insurance Requirement

Each vessel owner must maintain valid liability insurance of no less than one million dollars ($1,000,000) per vessel at all times while moored at the Marina. If a vessel has more than one owner, the insurance policy must be in the name of all owners. A current certificate of insurance must be provided to the Marina Operator prior to occupying a berth. Failure to maintain valid insurance at all times will be grounds for immediate cancellation of moorage rights and removal of the vessel at the owner’s expense.

15. Governing Law

This Agreement is governed by the laws of the Province of British Columbia and applicable Canadian law.

16. Severability

If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force and effect.

17. Acknowledgment

By submitting a request or using the Marina, you confirm that you:

  • Have read and understood this Agreement

  • Agree to be legally bound by it

​

APPENDIX
EXTRACTED FROM THE OUTBACK RESORT KAS 3104 RULES
Updated and Ratified May 31, 2023 AGM

 

 MARINA RULES 

  1. NO SWIMMING in and around the docks 

  2. Use extreme caution while in and around the dock area 

  3. DEAD SLOW in and out of the Marina, that means NO WAKE 

  4. You must be an authorized user of this marina and have signed the appropriate waivers and slip assignment documents. Remember you are liable for any and all damage to the docks and the boats moored in this marina 

  5. Keep the volume of your stereo at a minimum at all times while in the marina area 

  6. ABSOLUTLEY NO FUELING OF BOATS OR ANY OTHER WATERCRAFT IN THE MARINA. No fuel (Jerry Jugs) may be transported to or stored on any boat or watercraft at any time. This Bay provides our drinking water, safe clean water for swimming and a clean beach area. Re-fueling in around the dock area is a Fire Hazard and Environmental Hazard, you are subject to a fine, the cost of a clean-up and the loss of your rights to use this marina 

  7. All boats must have appropriate dock lines and fenders to hold the weight of your boat. If it is not, we will provide the appropriate lines and fenders at your expense 

  8. Absolutely NO LOITERING on boats or docks after dark is permitted 

  9. Children should never be left unattended. Parents be “Water Wise” with your infant children, life jackets should be worn while on and around the dock area 

  10. Dogs on the docks ON LEASH ONLY are welcome. Be aware that the surface of the docks are extremely hot during our boating season and your pet may burn their feet. Be prepared to remove and clean any waste your pet may have on the dock. Absolutely no swimming from or around the dock area is permitted for pets to ensure their safety 

  11. Only Eco-Friendly cleaning products for your boat are to be used 

  12. Do not litter the docks with your personal gear, keep areas around your boat clear 

  13. Loading and unloading of passengers in marked areas only, there is no docking of your boat in these areas. Dock employees will direct you to short term moorage if available 

  14. Do not attach anything to the docks other than your lines and fenders 

  15. Do not moor in a slip unless it has been assigned to you 

  16. All Watercraft must have required safety equipment on-board, as defined by Transport Canada in the “Safe Boating Guide for Pleasure Craft” 

  17. The Outback Marina Valet Staff can help you with all your questions 

  18. Illegal Docking in Visitor Slip. There shall be no overnight docking of an owner, renter, visitor or occupant, owned, rented or leased watercraft in any visitor designated boat slip (updated May 31,2023 and ratified AGM 2023) 

  19. Assigned Visitor Boat Slips shall be used only for day use by guests of an owner. Any overnight parking shall require rental of a designated rental slip.

 

OUR MARINA HAS BEEN DESIGNED FOR THE SAFETY OF OUR RESIDENTS, THE PROTECTION OF THEIR WATERCRAFT, AND RESPECT FOR THE ENVIRONMENT. PLEASE HELP US MAINTAIN A CLEAN, SAFE AND HARMONIOUS FACILTY. YOUR COOPERATION IS APPRECIATED. 

Outback Vernon Strata  © 2025
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