Captain’s Care Club Membership

Middle Point Marina – Captain’s Care Membership

Online Membership Agreement & Terms of Service

IMPORTANT – PLEASE READ CAREFULLY

By clicking “ADD SUBSCRIPTION TO CART”, submitting payment, and enrolling in the Captain’s Care Membership...

If you do not agree to these terms, do not proceed with payment.

1. Nature of This Agreement (Clickwrap Acceptance)

1.1 This is a contract of adhesion, offered on a take-it-or-leave-it basis, accepted electronically.

1.2 Your electronic acceptance, combined with your initial payment, constitutes:

• A valid electronic signature
• Express consent to recurring billing
• Agreement to all terms herein

1.3 No handwritten signature is required.

2. Membership Program

The Captain’s Care Membership is a monthly subscription-based program providing preventive maintenance services and preferred pricing on corrective maintenance for the registered vessel. The Membership applies only to the vessel entered at checkout and is non-transferable.

3. Monthly Fee & Recurring Payment Authorization

3.1 By enrolling, You authorize Middle Point Marina to charge the monthly membership fee displayed at checkout (“Membership Fee”).

3.2 Charges are automatically billed monthly to the credit or debit card provided.

3.3 Your card will be charged on the same calendar day each month unless canceled in accordance with Section 11.

3.4 If a payment is declined:

• Membership benefits are immediately suspended
• Services may be denied until payment is resolved

3.5 You authorize Middle Point Marina to charge your card for:

• Approved corrective services
• Materials, parts, or third-party services
• Emergency or expedited services requested by You

4. Services Included

The Membership includes services as described below, subject to scheduling availability:

• Annual Haul-Out & Bottom Paint Service
• Pressure Wash & Soft Sanding
• 2 Coats of SeaHawk, Cukote, or Similar Paint
• 5 Lay Days During Bottom Paint Work
• Shore power and access ladder included during lay days
• 1 Diver Inspection
• 1 Haul-Out for Survey or Quick Inspection
• Priority Scheduling
• 10% Discount on the Hurricane Preparedness Plan Rate

Other materials, consumables, and specialized labor are not included unless expressly stated.

5. Corrective Maintenance Discount

5.1 Members receive 10% OFF labor for additional corrective maintenance services required by the customer.

5.2 The discount:

• Applies to labor only
• Does NOT apply to parts, materials, haul-out, subcontracted services, or environmental fees

5.3 All corrective work requires Member authorization prior to execution.

6. Scheduling & Availability

• Services are provided by appointment during normal marina operating hours
• Emergency or after-hours requests are subject to availability and additional fees
• Membership does not guarantee immediate service or eliminate wait times during peak or hurricane seasons

7. Member Responsibilities

• Maintain a valid payment method at all times
• Provide accurate vessel information
• Disclose known mechanical, electrical, or structural issues
• Maintain required insurance (see Section 9)
• Comply with all marina rules, safety policies, and environmental laws

8. Marina Rights

• Refuse or suspend service due to unsafe conditions
• Modify service procedures for safety or regulatory reasons
• Update pricing or program terms with 30 days’ notice
• Terminate Membership for violations, non-payment, or fraud

9. Insurance Requirement

Member must maintain, at minimum:

• Hull & Machinery Insurance
• Protection & Indemnity (P&I) or General Liability coverage

Proof of insurance may be requested at any time.

10. Limitation of Liability & Assumption of Risk

• Storms, hurricanes, flooding, or Acts of God
• Pre-existing vessel conditions
• Mechanical or electrical failure not caused by Marina’s gross negligence
• Theft or loss of personal property aboard the vessel

10.3 Marina’s total liability shall not exceed the total Membership Fees paid in the preceding six (6) months.

10.4 Member agrees to indemnify and hold harmless Middle Point Marina from claims arising from Member’s vessel, except in cases of proven gross negligence.

11. Cancellation Policy

• 30 days written notice required via email or account
• No refunds for past charges
• Cancellation effective after final billing cycle

12. No Guarantee or Insurance Substitute

• Is not an insurance policy
• Does not guarantee avoidance of mechanical failure
• Does not replace manufacturer warranties or insurance coverage

13. Governing Law & Venue

Governed by the laws of the State of Florida. Venue: Miami-Dade County, Florida.

14. Entire Agreement & Electronic Records

• This Agreement constitutes the entire agreement between the parties
• Electronic records and transaction logs are admissible as evidence

15. Acceptance

By clicking “ADD SUBSCRIPTION TO CART” and completing payment, You confirm that:

• You are the vessel owner or authorized agent
• You understand this is a recurring subscription
• You agree to all terms and conditions herein