Fremantle Sailing Club ("the Club"), the lessee of the water area commonly known as Success Harbour, agrees to rent the Dinghy Rack to the member for the exclusive storing of their own nominated vessel on the terms and conditions set out below.

The Member acknowledges that:

1. The Dinghy Rack Bay remains the property of Fremantle Sailing Club at all times, and is made available to the member to facilitate their involvement in the Club and its activities.
2. This Agreement is valid for only as long as the member remains a Member of the Club.
3. The Dinghy Rack Bay shall not be sublet to any other party for any period of time without Club approval. Any change of the tenant of the dinghy Rack Bay may result in the immediate termination of the Agreement.
4. The Dinghy Rack Bay shall not be used for any commercial or charter activity.
5. The Agreement will be reviewed annually.
6. The rental sum must be paid annually in advance.
7. For an Agreement to be entered into or renewed, the Member must either be the majority equity holder OR own at least an equal proportionate share of the nominated vessel. Unless the Club agrees in writing, this share shall never fall below 25%. In the event of a breach of Clause 7 - the Member can be allowed up to one month to vacate the Dinghy Rack Bay. Failure to provide this information will preclude the Member from renting a Dinghy Rack Bay or having the Agreement renewed.
8. Written notice of the Member's intention to vacate the Dinghy Rack bay is required, a minimum of one month prior to vacating the Dinghy Rack Bay. Failure to provide written notice will incur charges for one month from the submission date of the written notice.
9. Any request to vary the terms of the Agreement shall be in writing to the club. Any change of the nominated vessel, or change in ownership of the nominated vessel, MUST be notified in writing to the General Manager prior to any change occurring, and written approval obtained.
10. If the nominated vessel is sold, the priority to locate a new vessel in the same Dinghy Rack Bay shall be given to the Member provided that the equity in the new vessel does not change.
11. Any new vessel must adhere to size policy for Dinghy Rack bay occupancy.
12. Should the Dinghy Rack Bay be vacant for prolonged periods without notifying the Club, the Club reserves the right to terminate the Agreement and rent the Dinghy Rack Bay to another member.
13. The Club reserves the right to provide the Member with an alternative Dinghy Rack Bay or storage facility should operational requirements make this necessary, or to utilise the Dinghy Rack Bay when it is unoccupied, to store temporarily another vessel.
14. From time to time, on advice from the Harbour and Safety Committee, or Membership Committee, the Club may need to vary the terms of the Agreement. Such changes will be advised to the Member and become binding on the Member when ratified by the Board of Management.
15. The nominated vessel shall be on the Club's Boat Register and shall comply with all appropiate clauses of Rule 9.8 (Distinguising Marks).
16. The member shall keep and maintain the Dinghy Rack Bay free from rubbish and in good order and condition. craypots and other equipment shall not be stored on the ground within the Dinghy Rack Bay.
17. The vessel stored must be maintained in condition so that the vessel can be moved at any time.
18. The nominated vessel must fit within the Dinghy Rack Bay.
19. The nominated vessel when approaching, using or leaving the Club's Dinghy Rack Bay or ramps shall do so in a cautious and seamanlike manner and shall at all times obey all rules and laws and signs properly erected by the Club.
20. The Member shall not refuel the nominated vessel (if applicable) within the Dinghy Rack Bay or any other area except withn close proximity of authorised fuel pumps.
21. The Member shall not allow any pollutants including petroleum products to be discharged or seep or escape from the nominated vessel.
22. The Member shall not carry out any works or grinding that has potential to damage neighbouring vessels, risk the Success Harbour environment, or discomfort other Club Members. The Member remains responsible for any damage to other vessels caused by their own work or work performed by contracted tradesmen.
23. Regardless of whether the vessel is being hoisted, lowered or stored either on land or in the water at the club's facilities, it shall be entirely at the Member's risk. The club shall not be responsible, under any circumstances, for any loss or damage caused or sustained to the vessel whether the same is or not caused by the negligence of the Club, its staff, agents or otherwise.
24. Failure to observe any of the above conditions will result in the Club terminating the Agreement and/or make the Member liable to discipline provisions in accordance with the Constitution and Rules of the Club.
25. The Member acknowledges that on signing this Agreement, the Member is bound by all the conditions of this Agreement.

FREMANTLE SAILING CLUB AGREES WITH THE MEMBER:

That provied the conditions contained herein are observed at all times by the Member, the Member shall be entitled to the quiet undisturbed occupancy of the Dinghy Rack Bay in which to store the nominated vessel for the term of the Agreement.