Standard Private Fleet Membership Agreement

This agreement made this date (mm/dd/yyyy) between Private Fleet Sports Centers, LLC aka Private Fleet Access (herein referred as PFA), the Private Fleet Member(s) (herein referred as PFM) and the assigned/selected Private Fleet Owner (herein referred as PFO). PFM will also have access to other boats listed on the drop down menu in the dashboard. The primary member must be present onboard regardless of other contributing friends or family members. By completing the application below, PFM will, upon approval by PFA and payment received, agree to the following terms, conditions and policies of this Agreement. This Agreement, in its entirety, shall continue for a minimum period of twelve (12) months with automatic renewal thereafter unless either party hereto gives to the other, no less than thirty (30) days written notice of intention to terminate. 

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PFA is a Limited Liability Company (LLC) comprising of members that have exclusive use on an open use (i.e. first to reserve) hourly and/or calendar basis of boats and watercraft equipment (herein referred as "EQUIPMENT") provided by PFO. The EQUIPMENT is stored at the PFO facility, slip or storage yard located at

NOTE: All PFO's, unless otherwise disclosed in this Agreement or subsequent disclosures, are separate business entities from PFA and are independently owned and operated. PFA provides a network database service for all participating PFO's to help track and control all PFO membership and reservation transactions. All membership rates, initial deposit, finance terms (if any) are determined by each PFO.

Under the terms and provisions of this agreement, PFM shall have shared access to this PFO EQUIPMENT with a maximum of members. PFM may also have access to other associated PFO EQUIPMENT (if any) if this and other PFO's agree to offer open use on a reciprocal basis. PFA, PFO and PFM collectively shall be referred to as the Parties.

THE PARTIES THEREFORE AGREE AS FOLLOWS:

1a) PFM understands that he/she must apply with a PFO with your personal and contact information for vetting purposes. There is a two-step enrollment process whereby step-1 requires applicant to fill out the form online and submit to the PFO. Once the PFO accepts your application, then you will receive an approval code to complete step 2 enrollment. To complete the enrollment, PFM will be given 2 options for payment: 1) pay in full and option 2) you may make a down payment and pay the balance over 12 months on a recurring basis. Interest charges may apply and is disclosed in the purchase details herein. 

1b) Personal Information, Payment Details & Specifications of Terms Summary:

2. TITLE: All EQUIPMENT title will be held by actual Boat owner and/or partners and assigned to the PFA program. PFO will make EQUIPMENT available to all Members on an open use basis. Members do not share in title or EQUIPMENT ownership whatsoever.

3. TAXES & FEES: PFO shall bear all costs of state sales taxes, annual unsecured property taxes and license fees associated with the acquisition of EQUIPMENT, trailer and accessories. Revenue to help cover the above expenses and operational costs are derived from the all-inclusive PFM fees collected.

4. PFM ANNUAL MEMBERSHIP FEE:

a. PFM FEE: The fee for a 12 month membership for the this PFO EQUIPMENT includes orientation, insurance, sea tow assistance, storage (except launch fee), maintenance, sales tax, unsecured property taxes and license fees. The initial down payment  is non-refundable and covers the costs of orientation and sea trial instruction. Fuel costs are paid by PFM and is calculated by adding a maintenancve fee of approximately $1.25 per gallon to the average of the local fuel stations (Dana Point Fuel Dock) and multiplied by the reported gallons used by PFM at end of trip. All outstanding fuel bills (including gate and other additional costs incurred) must be paid before the member can use the boat next trip. There is a gate/launch fee of $10 that covers entrance and dock (rollers) fee. Fueling shall be primarily performed by PFO.

b. EARLY MEMBERSHIP CANCELLATION: Any PFM may choose to cancel their 12 month membership for any reason with a 30 day written notice with no penalty. Written notice may be done in person, email or via our website “Contact Us” page. The initial down payment and any monthly payments already made are not refundable. The cancellation shall take effect after the next billing cycle. All membership fees paid in full are partially refundable with a 30 day notice. The refund will be calculated by deducting the minimum down payment and any months used at no interest from the total membership fee. Any PFM (in good standing) opting to cancel membership may re-apply anytime, but will be subject to the current rates at that time. If a PFM wishes to re-apply for the same boat but is sold out, they will be placed on a waiting list or we can recommend other available boats. If PFO finds that the PFM does not adequately demonstrate the boating skills necessary to operate safely or is found to be reckless, the PFO has the sole discretion to cancel or terminate the PFM. If it is determined during the initial sea trials that PFM does not edequately demonstrate the necessary skills and juidgement, then PFO may terminate the membership with a refund less $250 per sea trial performed (up to 2 hours training). If sea trial is followed by at least half day or full day use, then the cost is $500.

c. PFM VETTING, ORIENTATION & TRAINING: All PFO's are solely responsible to vet, train, conduct sea trials, etc. for new PFM's.

d. UP CHARGES: For members that joined with the original Striper fleet, the current Robalo fleet will incur an up charge. No upcharge for the 2022 Robalo 222, upcharge for the 2021 242 is $75 and up charge for the 2022 Robalo 247 Dual Console is $100. Up charges are subject to change depending on cost of boat.

5. METHOD & TERMS OF OPEN USE.

a. MEMBER TO EQUIPMENT RATIO: PFM understands that the Member to EQUIPMENT ratio may vary depending upon PFO location, season and type of EQUIPMENT. Unless otherwise stated in this Agreement, PFM has selected this PFO, which operates at 10:1 or less PFM ratio. PFM's shall share the use of the EQUIPMENT with a minimum 12 months commitment on an open use basis with cancellation options (see 4b). See your PFO specifications above for details.

b. OPEN-USE RESERVATION: PFM may reserve as far in advance as their PFO's will allow during their remaining term. Please consult your home PFO for details. You may reserve three (3) dates/times at a time or period only. Any reservation must be made at least 24 hours in advance to ensure boat readiness. Any late or second booking for any day must be made at least 24-48 hrs prior and must be approved. PFM shall adhere to the booked start and end time window unless there are circumstances that prevent operating time such as weather, equipment faiure or other extenuating circumstaces reported to PFO. PFO reserves the right to determne such reason(s) to waive or not any penalty or fees. Any late return more than 60 minutes without notice from PFM can or may be subject to $75 per each hour late. Please consult your home PFO for details.

c. DAILY & MONTHLY USE CAP: Each PFO will have certain hour use on a daily and monthly basis. The reservation system will not allow you to exceed these limits. Please consult with your PFO to understand what these limits are.

d. CANCELLATION NOTICE & PROCEDURE: To avoid possible penalties, PFM must provide cancellation notice at least 24 hours before the reservation unless the reservation was made within 24 hours of use.

e .NO SHOW POLICY: The system is set-up to issue automatic notices to each PFM when a no-show is made. Most PFO's have a three no-show limit per 30 days. Once you have reached the maximum no-show for that PFO, you will be suspended to reserve for 30 days. If you have had three suspensions in six months, your membership will be revoked without recourse and no refunds.

6. INSURANCE & MAINTENANCE

a. INSURANCE: Each PFO will maintain insurance in accordance to the requirements of the PFA Agreement. PFO will place in force and maintain in continuous effect during the term of this Agreement, the following insurance, covering the PARTIES and users of the EQUIPMENT: Protection and indemnity insurance with a minimum aggregate limit of liability of $1,000,000. Physical damage insurance to EQUIPMENT (hull insurance) is included and limited to replacement cost. Insurance is subject to a $1000 deductible for each occurrence and said deductible shall be the responsibility of PFM if damage occurred during PFM's usage, regardless of fault. All accidents and damages must be reported to PFO within 24 hours. See section 8a).

b. MAINTENANCE: PFO is responsible for all maintenance including scheduled tune-ups, oil change, spark plugs, control cable adjustments, equipment or part defect replacement, and regular inspections. If any part of the EQUIPMENT is serviced due to misuse by PFM, PFM shall be responsible for any parts and labor charges incurred.

7. PFM DUTIES & CONDITIONS:

a. ALLOWABLE RIDING AREA & USE: PFM's will enjoy equal to near equal benefits of private ownership. Each PFO will have their own riding limitations and rules, however, the default policy is limited to no greater than 10 miles offshore and within the United States of America. If you wish to visit any offshore island, you must request with 24-48 hour notice and receive receive approval/permission in writting by the PFO. Please consult each PFO to understand their rules, policies and terms of operation. As a rule, each PFO will require that their boat must be launched from the harbor or nearest harbor they are stored or slipped.

b. BOAT RETURN & CLEAN-UP: After each use, every member is responsible for flushing the engine, cleaning top to bottom, bleaching off decks of fish scales, blood, etc. and all trash disposed of in a nearby receptacle. Concierge clean-up is available for $150 but must be requested and prepaid. If boat is returned uncleaned determined by PFO, then PFM will be subject to a minimum fee of $100. More than one complaint from PFO or PFM taking the boat after previous PFM will be subject to a $100 deposit before each trip.

c. STORAGE: Storage of EQUIPMENT will be maintained at the PFO facility and available on dock-side basis or dry storage basis. The PFO reserves the right to move storage facility if or when necessary at any time if the current facility requires it for any reason.

8. PFM REPORTING DUTIES & CONDITIONS:

a. DAMAGE & ACCIDENT REPORTING: PFM must report any damage incurred resulting from accidental or defective causes immediately or within 24 hours for scheduling purposes. Any accident involving another vehicle causing injury and/or damage in excess of $500 must be reported to the local police or patrolling officer. PFM must obtain a copy of the accident report and submit it to PFO immediately for insurance purposes.. PFM is liable for costs, if any, not covered or collectible under the insurance policy that result from loss or damage caused or attributed to the user period of PFM or any of his/her family, passengers or guests.

b. LAWS & REGULATIONS: PFM agrees to abide by all local, state and federal regulations governing operation and care of the EQUIPMENT. PFM further agrees to abide by all PFN rules, regulations and policies governing operation and care of EQUIPMENT as outlined in the membership manual.

c. PROHIBITED USE: No EQUIPMENT may be used for paid instruction, rental or sub-let of any kind nor for any other commercial purpose whatsoever. No EQUIPMENT shall be used or entered into competitive meets, tournaments or events.

d. EQUIPMENT CAPACITY & RIDING AGE: PFM agrees to insure that the total number of persons on board EQUIPMENT at no time exceeds the weight and passenger capacity as specified by the manufacturer and Coast Guard or that recommended by PFO/PFA management. All PFM's must observe the legal minimum riding age. Riders below the minimum riding age are allowed to ride on any EQUIPMENT so long as there is a supervising adult of at least 21 years of age onboard.

e. EQUIPMENT INSPECTION & DELIVERY: EQUIPMENT shall be in seaworthy condition as far as the exercise of due diligence by PFO can make it so. Upon delivery, the PFM shall inspect the EQUIPMENT and report to PFO any damage or defects in writing. Failure to make a written report and acceptance of the EQUIPMENT by the PFM after PFM has inspected said EQUIPMENT, shall constitute acknowledgment that PFO has exercised due diligence. PFM shall be responsible for the cost of repair of any defects of the EQUIPMENT, not previously reported by PFM to PFO, upon its return.

f. DISCRETIONARY USE CANCELLATION: PFO reserves the right to cancel a reserved period due to adverse weather conditions, mechanical, engine, electronic/electrical or any other factors which, in the sole opinion of PFO, might adversely affect the safety of the PFM and/or EQUIPMENT. Said right of PFO shall not alter the PFM's responsibility and/or liability, if any, for the ultimate safety of him/herself, passengers, guests, or EQUIPMENT.

9. TERMINATION, BREACH & MISCONDUCT:

a. NEGLIGENT, ABUSIVE, ILLEGAL ACTS: If by reason of any default, illegal acts (except misdemeanor charges), abusive or adverse conduct on the part of the PFM with regard to any of the rules, regulations, or policies established by PFO, it becomes necessary to terminate a PFM, PFO reserves the right to revoke and cancel the rights and privileges of membership immediately upon written notice to the PFM. The decision to revoke and cancel the rights and privileges of the PFM shall be in the sole discretion of PFO management and said decision shall be immediate and final upon written notice to the PFM. Any unused allotment or term of membership will be forfeited and no pro-ration of fees collected will be reimbursed to PFM.

b. WAIVERS & RELEASES: PFM hereby releases all PFO's and PFA and all users of the EQUIPMENT from liability or loss for all personal effects or property of sentimental or monetary value, however determined, which the PFM desires to keep on board the EQUIPMENT over and above those items required by PFO.

c. LEGAL EXPENSES: In the event of litigation arising from default in performance of any of the provisions of this Agreement by either PFM, PFO or PFA, the prevailing party in such litigation shall be entitled to receive from the other party, reasonable attorney's fees and costs of action incurred in connection with such litigation.

d. MODIFICATION(S): This agreement may only be modified by further written mutual agreement between parties.

10. ASSIGNMENT: This Agreement and EQUIPMENT is non-assignable and this Agreement shall remain exclusive between PFA, PFO and PFM through its term, except with express written permission and terms from PFA.

11. GOVERNING LAW: This agreement shall be governed by the laws of the State of California and within the jurisdiction of the County of Orange.

12. LIMITATION OF LIABILITY: In no event, even if notified, shall PFA, any PFO, or other PFM, its officers, agents and employees be liable to or through PFM for indirect, incidental, special, or consequential damages, including without limitation, loss of profits or revenue; and PFA, its officers, agents and employees shall be held harmless from any and all claims for such damages.

13. Force Majeure: In the event PFA or PFO is unable to perform its obligations under the terms of this Agreement because of acts of God, weather, earthquake, pandemic, oil spill or ecological disaster,  equipment, fire, collision or failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

14. SEVERABILITY: If any provision or provisions of this Agreement should be held invalid or in violation of law, all other terms and provisions thereof shall nevertheless remain in full force and effect.

15. PROHIBITED ACTIVITY: Because of strict Federal and State anti-drug laws, a number of EQUIPMENT have been seized and forfeited, and criminal actions have been brought by governing agencies, based on the discovery of illegal drugs on such vessels. Accordingly, in addition to any or all duties and obligations deemed to the PFM under the Agreement, including indemnification, the PFM hereby agrees that he/she will take the necessary measures to prevent any illegal drugs from being taken aboard any EQUIPMENT and hereby agrees to indemnify and hold PFO and PFA harmless from any claims, liabilities, damages and expenses, including legal fees and costs resulting from the seizure or forfeiture of the EQUIPMENT, or any attempt to obtain its release, because of illegal drugs found on the EQUIPMENT. If illegal drugs are found on EQUIPMENT, the PFM may, at the discretion of PFO/PFA management, forfeit all PFM's' privileges and fees paid and be immediately terminated.

16. GENERAL: PFO, PFA and PFM which are created by this Agreement, PFM does hereby agree to indemnify and save and hold PFO and PFA harmless from and against any and all claims, demands, costs, attorney's fees, losses, expenses, actions, causes of action and liabilities of any kind and nature which PFO/PFA may hereafter suffer, incur, pay or expend on account of or in any way arising out of the use, operation, rental, occupancy, maintenance, or entrusting of said EQUIPMENT, and further agrees to pay and discharge forthwith on demand of PFO and PFA each and every such claim, demand, cost, attorney's fees, loss, expense, action, cause of action, and liability which shall be asserted, made, assigned, or apportioned against PFO and/or PFA by any person or entity at any time hereafter.

17. NOTICES: Any notice which any party must or may serve under this Agreement may be served in person, or by certified mail addressed to the other party at its last known address. Until or unless changed by written notice, the addresses for sending notices are as follows:

To PFO:
To PFM:
To PFA:

Execution of this Agreement by the Parties is an acknowledgment that PFM has received, read and agrees to this Agreement, terms and conditions thereof.

Private Fleet Member: First Name Last Name

Signature Date:

Private Fleet Owner: First Name Last Name

Signature Date:

F/N: Standard PFA Membership Agreement 080716

Rev.