United States Sailing Center, Inc.

Rules & Procedures

GENERAL

1) The United States Sailing Center, Inc. (the “Sailing Center”), A Florida not-for-profit corporation, controls and operates the Sailing Center. Neither the United States Sailing Association, nor the City of Miami, nor anyone else, has the right of control over the Sailing Center's activities, nor does the Sailing Center have the authority to act on behalf of or for any of the foregoing, except where stated specifically in the Lease Agreement with the above authorities.

2) Hours of Operation:

The Sailing Center will be open daily from dawn to dusk, or as scheduled regattas dictate.

3) Facility Access Outside of Normal Hours:
Arrangements will be made on an individual basis for access to the facility outside normal hours through the Sailing Center office (305) 854-1508.

4) Safety:

Any activities deemed unsafe may be suspended or prohibited at the discretion of the Sailing Center Director and/or delegate of the Director.

5) Conduct on premises:

The Sailing Center Director and his/her Assistants shall be the final arbiters of conduct on the premises. Rough play, fighting, profanity, obscenity, destruction, waste or careless use of the Sailing Center's property or any other inappropriate behavior shall be cause for immediate suspension of privileges at the Sailing Center for up to two weeks at the sole discretion of the Director, or, in his absence, an Assistant.

Sailing Center privileges may be cancelled by the Sailing Center if, in the sole judgement of the Sailing Center, the continuation of the privileges would not be consistent with the general purposes of the Sailing Center or benefit the rest of those using the Sailing Center. The decision of the Sailing Center is final.

USE OF THE SAILING CENTER

1) Procedure:

a) immediatly upon entry on the Grounds of the Sailing Center or before commencing use of the Sailing Center's property, facilities or services, you must register with the Sailing Center's Director; and

b) Agree to sign a U.S. Sailing Center Tenant Lease Agreement with waiver and release within.

2) Term of Sailing Center Privileges:

a) Upon registration, Sailing Center privileges will be granted on a month to month basis. The privileges will be based upon a calendar month with the fiscal year being January 1 through December 31.

b) Users of the center will be invoiced for their use of the site on a month to month period. Invoices will be sent, indicating the month in use and all balances due shall be received by the center by the tenth day of each month, regardless of invoice mail schedule.

c) Each registrant will receive a numbered registration, called a customer ID, as registered with the Sailing Center. This number shall be placed on your boat, dolly or trailer so as to be visible by the Director or Assistant when accounting for boats on site.

SAILING ACTIVITIES

1) Sailing and Using Sailing Center Boats and Equipment:

a) Use of machinery and equipment will be restricted to those who have registered at the Sailing Center and signed an agreement of Waiver and Release.

b) Sailing that takes place from the U.S. Sailing Center may be suspended due to organized classes, regattas, for maintenance or due to unsafe weather conditions.

c) The Director or his Assistants may impose storage restrictions to particular tenants for safety considerations.

d) Persons using boats and equipment made available by the Sailing Center will be held financially responsible for damage incurred through careless or improper use and are further responsible for proper mooring of the boat and stowage of and equipment following their use.

e) They are also responsible for insuring that each boat used is properly equipped with personal flotation devices and other equipment required by the U.S. Coast Guard Regulations and the laws of the State of Florida.

f) They are further responsible for maintaining a seamanlike regard for the weather and for returning the the Sailing Center or another safe harbor of refuge when threatened by storms or squalls. Should refuge be taken away from the Sailing Center, the skipper shall notify the Sailing Center office as soon as possible to avoid unnecessary search and rescue operations.

g) Skippers/drivers must be qualified by the Director or Assistant in the Sailing Center's boats before they can be used.

spacer

FACILITY ACCESS

1) The U.S. Sailing Center, as a tenant of the City of Miami, it is open from dawn to dusk and

is a public access facility for pedestrian and bicycle traffic with safe limitations and water access, adhering to all ordinances set forth by the City of Miami with regards to the Parks and Recreation Department.

2) Boat and Equipment Storage-General Rules

(see Agreement for Dry Storage Space for full rules):

a) The Sailing Center assumes no responsibility for the safety or protection of boats or equipment stored on premises.

b) Users of the Sailing Center may keep boats on trailers, dollies, or other suitable devices in designated areas of the site on a space-available basis in strict accordance with the Agreement for Dry Storage Space. Please keep in mind the following:

i. Boats so kept must be actively sailing (i.e. at least once every two months).

ii. Boats so kept must ordinarily be launched and sailed from the Sailing Center.

iii. Boats so kept shall be removed from the premises when the space is needed for regattas or other activities as outlined in the Lease Agreement.

iv. Owners, operators or those responsible for boats so kept shall keep in mind that hurricane season is from June 1 to November 30, but, of course hurricanes occur outside of this period, too. Some tropical storms can be as severe as minor hurricanes. You should consider every tropical disturbance as if to prepare for a hurricane.

It is necessary to remove your boat and property from the Sailing Center upon issuance of a Hurricane Watch from either the Weather Service Forecast Office, Miami, phone number: (305) 667-3214, or National Hurricane Center, Miami, (305) 666-0413 or (305) 666-4612. All coastal land in this area is subject to extreme tidal surges. Hurricane authorities estimate a 12' (twelve foot) tidal surge above regular tide., but the tidal surge could exceed 20' (twenty feet). At these heights, the breakwater and land side protection at the Sailing Center will not help your boat or property. Failure to remove your boats and property by the time that a “Watch” is upgraded to a “Warning” is in violation of the Sailing Center's Rules and Procedures, a default under the Agreement for Dry Storage Space and may subject you to liability for damages to other property and persons, penalty, one months rent and/or termination of the Agreement.

Ask yourself the following: a. Have you designated an area for safe refuge other than the U.S. Sailing Center and the park surrounding the center?

b.Do you have someone to watch your property when you are unavailable?

c. Does your insurance include coverage of damage done to the other boats, people and property, including U.S. Sailing Center property, which your boat or property may cause because you were unable to respond to a hurrican Watch?

2) Shop facilities:

Shop space, tools, and equipment are intended primarily for the maintenance of Sailing Center boats and equipment and for organized activities appropriate to these facilities.

3) Parking and Storage/Trailer Area:

Use of the parking and storage/trailer areas is restricted to cars of those persons using the U.S. Sailing Center facilities and who have signed an agreement of Waiver and Release for,