Minnesota Emergency Executive Order 20-04 closed yacht clubs. However, under Minnesota Emergency Executive Order 20-38, yacht clubs may permit their docks to be used for docking and mooring to seasonal renters in order for persons in the same household to engage in boating so long as participants adhere to legal prohibitions and guidelines (including without limitation social distancing and Minnesota Outdoor Recreation Guidelines).
Consistent with such Executive Orders, WYC desires to prevent the transmission of COVID-19 and be a good neighbor, while permitting its members who comply with this Agreement to go boating as permitted by Minnesota’s Governor. In exchange for gaining access and use of WYC’s docks and buoys, you, for yourself, and your household members including your children and minors, agree to the following
1.1
Until further official written notice by the WYC Board of Directors, WYC’s clubhouse, crane, gin pole, and patios remain closed.
1.2
However, WYC members and their same household members are permitted to use the parking lots, walkways, docks and moorings solely for parking their vehicle, going to their boat, launching their boat, embarking/ disembarking their boat, boating, and, upon completion, leaving WYC’s property; and for no other purposes. For purposes of clarification:
•
WYC’s clubhouse lock was changed, and WYC’s clubhouse is closed,
•
there is no access to the WYC’s kitchen or restrooms,
•
indoor operations are expressly prohibited,
Crane and gin pole are available, via assisted launch sign-up.
•
the patios are closed.
2.
No Loitering; No Gatherings. WYC prohibits loitering and gatherings of any person(s), and any and all actions that would produce loitering or gathering of person(s) at WYC Property or on a docked boat. You are only permitted to transit through WYC property to/from your boat; no other activity is allowed.
3.
Only Same Household. Only persons within the same household may use WYC parking lots, walkways, docks, moorings and buoys to prepare their boat, launch their boat, travel to/from their boat, and go boating.
4.
Health Risks. You understand WYC property may contain health risks, including the transmission of COVID-19. If you or any person using your boat is sick or exhibit symptoms of COVID-19, you will refrain from being at, and using, WYC’s property. You will ensure all persons using your boat will take all guidelines and precautions recommended by the Center for Disease Control and Minnesota Department of Health. If you or any person using your boat is an older or vulnerable person or has underlying health or medical conditions, WYC recommends not using WYC property. IN ANY EVENT, WYC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY SICKNESS, INJURY, OR DEATH ARISING OUT OF OR RESULTING FROM BOATING OR USE OF WYC’S PROPERTY.
5.
Use of West Lot for Lasers, Dinghies, Kayaks and Canoes (“Small Boats”). Rigging, launching, use and storage of Small Boats in the west lot is permitted so long as:
a.
No more than 4 boats (including members of both WYC and Wayzata Sailing) may be rigging or otherwise physically using the west lot at the same time; and
b.
all such persons comply with all of the rules and prohibitions of this Agreement including without limitation no loitering, no gatherings, no racing, no multiple boat tuning/drills, etc. To reiterate, no one may engage in any event or activity that involves two or more boats with persons outside the same household involved in any activity (whether impromptu or organized).
6.
Wayzata Sailing.
a.
Wayzata Sailing rents and manages the storage space for Small Boats in the west lot, subject to Wayzata Sailing’s rules and regulations. You must register with Wayzata Sailing to obtain prior written approval to store your Small Boat in the west lot and will remove it from the west lot upon request. For more information, contact Wayzata Sailing at
office@wayzatasailing.org.
b.
Parking to the west of Wayzata Sailing’s building is not for general use by WYC members.
c.
Wayzata Sailing and its building, deck, dock, property and premises may also be regulated by governmental laws, rules, regulations, orders and directions. WYC members are expected to obey all signage regarding use of Wayzata Sailing’s building, deck, dock, property and premises.
6.
Prohibitions. In connection with the use of your boat or WYC property, you will ensure no person will, as a spectator or participant:
a.
engage in any performances, competitions, team events, tournaments, races, rallies, organized sports, spectator events, fairs, contests, or any other events or activities that involve the gathering of individuals in a manner that would preclude social distancing;
b.
engage in any event or activity that involves two or more boats (including without limitation impromptu racing, fleet event, or coordinated boating activity); or
c.
be within 6-feet of someone who is not part of their immediate household.
7.
Compliance. You agree to comply with this Agreement, WYC’s Policies and directions, and all applicable governmental laws, rules, regulations, orders and directions (including without limitation the orders and directions of Minnesota Governor, City of Wayzata, Police, and Hennepin County Sheriff Water Patrol) (each, a “Rule”).
If you have any questions about these Rules, become aware of any complaints from the neighbors, Police or Water Patrol, please promptly call WYC’s Contact at 763.360.8587.
8.
Cooperation. If WYC deems you or your boat partners, household members, guests, invitees or any person to whom you granted use of your boat have violated any Rule(s), upon WYC’s request, you will cooperate and comply with the directions of WYC Officers and Manager(s), which may include any or all of the following:
a.
You will immediately cause the violation(s) to cease;
b.
You will cooperate with WYC and governmental authorities in investigating and resolving any violation(s);
c.
You will vacate WYC’s property;
d.
You may be required to remove your boat from WYC’s property, including docks and/or buoy; and/or
e.
You may be asked to resign your WYC membership.
Failure to comply and/or cooperate with WYC or any Rule(s) may result in WYC, at its discretion and based on the facts, nature and circumstances of the violation(s), doing any or all of the following:
a.
WYC may immediately deny you and your boat partners, household members, guests, invitees and any other person to whom you granted use of your boat, access to WYC property (and failure to remain off WYC’s property will constitute trespass);
b.
Your WYC mooring and membership fees may be forfeited;
c.
Upon request, you will pay WYC for all damages, costs, expenses, civil and other penalties, and fines which are caused by you or your boat partners, household members, guests invitees, and/or persons to whom you granted use of your boat;
d.
WYC may suspend, revoke and/or terminate your membership at WYC; and
e.
WYC may exercise any other rights or remedies available at law, in equity, by contract or otherwise.
9.
Responsibility. You are responsible and liable for the acts, errors and omissions of you and your boat partners, household members, guests, invitees and persons to whom you granted use of your boat, and will ensure their compliance with this Agreement.
10.
Indemnity. You agree to indemnify and hold harmless WYC from and against all claims, actions, demands, proceedings, liabilities, losses, demands, damages, judgments, fines, penalties, costs and expenses (including reasonable attorney’s fees) arising from or relating to noncompliance with this Agreement or violation of any applicable governmental laws, rules, regulations, orders or directions by you or your boat partners, household members, guests, invitees or person to whom you granted use of your boat.
11.
WYC reserves the right to close, or cease use of, all of WYC’s property (including without limitation parking lots, walkways, docks and buoys) at any time without liability and without refund of any WYC mooring or membership fees.
12.
Governing Law. This Agreement will be governed by Minnesota law, excluding conflict of law principles.
13.
Amendment/Termination. WYC may amend this Agreement at any time. This Agreement remains in full force and effect until terminated by WYC in writing.
14.
Entire Agreement. This Agreement, including WYC’s Bylaws and Policies, contains the entire agreement, and supersedes all prior and contemporaneous understandings, between the parties relating to the subject matter hereof.
