Annual Minute of Agreement 2020/21
Minute of Agreement between Tayvallich Bay Association (herein after called 'the Association’) and the member as designated below (hereinafter called ‘the owner’), being a member of the Association and the owner of a mooring in the area for which the Association holds an agreement from The Crown Estate giving them the authority to lay moorings.
-
The Association hereby grants to the owner the right to lay a mooring in a position agreed by the Association.
-
The Association will supply the owner with an individual mooring tag provided by The Crown Estate which should be attached to the mooring so that it is visible at all times.
-
This agreement shall come into force on 1st March 2020 or on the date the mooring fee is paid, whichever is the later.
-
The owner agrees to pay by 1st March each year the appropriate mooring fee to the Association as agreed at an Association General Meeting.
-
The owner agrees the Association can give The Crown Estate and nominated Mooring Contractors their contact details.
-
The owner agrees to keep their mooring in a safe condition for the size of vessel to be moored.
-
The owner agrees to keep their vessel insured and to indemnify the Association and the office bearers of the Association from time to time, from any claim by any third party or any other member of the association who may suffer injury or damage caused by the owner's vessel whilst moored or in the Association mooring area. For the avoidance of doubt, the Association assumes no responsibility for insuring the Owner's vessel and does not accept any responsibility for the failure of any other member to maintain such insurance.
-
The owner agrees not to transfer their mooring to another person without the prior knowledge and consent of the Association.
-
The owner agrees to pay an equal share along with any other member of any costs placed on the individual Officers of the Association, provided these costs have arisen solely in their capacity as the grantees of The Crown Estate agreement.
-
The Association agrees to conduct any negotiations that may be necessary to maintain the authority to lay moorings in its area.
-
The Association agrees not to apply the above rules and clauses in an unreasonable manner.
-
This agreement can only be terminated by the owner by return of the Mooring Tag to the Association or by written agreement with the Association.
-
The owner shall be liable to pay the fee annually until this agreement is terminated regardless of the condition of the owners mooring and to abide by the Rules of the Association.
-
This Agreement shall come to an end if the Association agreement with The Crown Estate comes to an end.
-
The owner agrees to accept communication from the association by electronic mail and text message
Please note that making insurance and maintenance declarations are REQUIRED to obtain a valid mooring agreement. Failure to make the declarations on time may result in the Committee terminating your mooring agreement.
Payment of Annual Membership Subscription
The Annual subscription of £120 is due to be paid on the 1st March by direct debit to the Tayvallich Bay Association.
Please check that your previous standing order for £60.00 is cancelled. After 2020 we will treat any standing order payments that have not been cancelled as a donation.
Failure to make the correct payment on time will result in the committee moving to terminate your mooring agreement
Mooring Maintenance
It is essential that all moorings are inspected annually by a competent mooring contractor. The three contractors currently listed by the Committee for this purpose are:–
Dougie Chirnside: Sandwood,Tayvallich 01546 870283 d.chirnside@btinternet.com
To enable mooring contractors to function efficiently the Association has made Members names and addresses available to the listed Contractors.
The Committee reserve the right to terminate a members mooring agreement if it is found that the mooring has not been inspected annually or the mooring is found not to be fit for purpose.