Terms & Conditions

Definition of Terms & Conditions

A Terms & Conditions Agreement includes the terms, the rules, and the guidelines of acceptable behavior, to which you must agree to use or access a website and its services.

Terms & Conditions is not the same as a Privacy Policy. A Privacy Policy is used if you collect personal data that can identify an individual. Please click on Our Privacy Policy link at the bottom of the website to read more.

  

What You Are Agreeing To

legacyboatingclub.com, Legacy Boating Club LLC, (“Us, Our, We, Club, Member”) is comprised of various web pages owned and operated by legacyboatingclub.com (the “Site”). Please read Our Privacy Policy (“Privacy Policy”) carefully before using Our Site. By accessing or using Our Site, You (“You, Your”) also agree to Our Privacy Policy.

This page informs You of Our Terms & Conditions established to use Our Site. The Terms & Conditions applies to Our Site and all products and services offered by Us. Your use of legacyboatingclub.com constitutes Your agreement to all such Terms.

 

Who Can Use Our Site

You must be at least 18 years old to use Our Site. You must have the capacity to enter into a legally binding contract, including sound mind and competence. legacyboatingclub.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.

 

The website: legacyboatingclub.com 

Legacy Boating Club is a private, Members-only boat club designed for individuals who enjoy boating but prefer not to deal with the responsibilities of boat ownership. Think of Us as a “country club for boats.” We are not a boat rental service or a 3rd party booking service. Instead, Members gain exclusive access to Our fleet of boats by paying a one-time initiation fee and ongoing monthly dues. Legacy Boating Club owns its own boats. Club Members have unlimited access to Our boats and may reserve a boat through Our third-party reservation software (subject to Legacy Boating Club’s Membership Rules & Regulations). 

Our website, legacyboatingclub.com, serves as a resource for both current Members and those interested in joining. It provides essential information about the Club and offers an easy way to get in touch with Us.

 

Membership

Eligibility: Membership in Legacy Boating Club is open to individuals who meet the Club's eligibility criteria, including but not limited to age, experience, and payment requirements.

Initiation Fee and Monthly Dues: To become a Member, individuals must pay a one-time initiation fee and ongoing monthly dues as set forth by the Club. All monies paid to the Club are non-refundable. 

Membership Privileges: Members have access to the Club's boats, facilities, and reservation software. Membership does not confer any ownership rights to the boats or the Club.

Membership Termination: The Club reserves the right to terminate a Member for failure to comply with these Terms and Conditions or Legacy Boating Club’s Membership Rules & Regulations.

All Members must attest that They have fully read and agree to sign and be bound by Their Membership Agreement and Legacy Boating Club’s Membership Rules & Regulations.

 

Boat Reservations

Members must use the Club's reservation software to book boats for their desired dates and times. Reservations are subject to availability and Club policies regarding usage limits, scheduling, and cancellations. Members are responsible for arriving on time for their reservations and returning the boats within the agreed-upon timeframe. Legacy Boating Club reserves the right to cancel or modify reservations due to unforeseen circumstances, including weather conditions or safety concerns. With regard to boat reservations, all Members are bound by their Membership Agreement as well as Legacy Boating Club’s Rules & Regulations. 

 

Safety and Liability

Legacy Boating Club prioritizes the safety of its Members. However, Members participate in boating activities at their own risk. Legacy Boating Club is not responsible for any injury, loss, or damage that may occur during the use of its boats, except where such liability cannot be excluded by law. Members agree to indemnify and hold harmless Legacy Boating Club from any claims arising from their use of the Club's boats or facilities.

 

Travel Warnings About Weather and Hurricanes

We would like to caution You to please be aware that the Gulf Coast produces hurricanes and dangerous weather. Please research the destination before booking to ensure that Your experience is a pleasant one and be mindful of weather conditions at all times.

 

Ownership Of Site Content, Work Product, And Intellectual Property Rights

Us and the licensors own the content of Our Site, work product, and intellectual property rights, and are thus protected by copyright laws. You agree that all work product developed by Our Site is owned by Us and its licensors. You shall retain no ownership, interest, or rights therein.

Site content includes descriptions and photos provided by Us. You shall not copy or plagiarize any of the descriptions or photos from a listing.

 

Using Web Browser Cookies

We may use "cookies" to collect information. For instance, cookies can be used to remember and process the items in Your shopping cart. They can also be used to help Us understand Your preferences based on previous or current Site activity, which enables Us to provide You with improved services. They can also be used to compile data about the Site traffic and Site interaction so that We can offer a better Site-experience and provide useful tools in the future.

 

Usage of Trademarks

The trademarks, names, logos, and service marks (collectively “Trademarks”) displayed on Our Site are registered and unregistered trademarks of Us. Nothing contained on Our Site should be construed as granting any license or right to use any trademark without the prior written permission of Us.

 

Disclaimer Of Liability

We shall not be responsible for and disclaim all liability for the following: any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any 3rd party (including Your company), as a result of or which may be attributable, directly or indirectly, to Your access and use of Our Site, any information contained on Our Site, You or Your company’s personal information or material and information transmitted over Our Site.

 

Warranties Of Our Site

Neither Us nor Our Site make any warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding Our Site, this specifically includes not performing or offering any legal services or advice.

 

Blocking Access To Our Site

We may terminate Your access to Our Site immediately, without prior notice or liability, for any reason, including abuse.


Prohibited Behavior On Our Site

You must not misuse Our Site. You will not do the following: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of Our Site; corrupt data; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through Our Site.

 

Consequences Of Engaging In Prohibited Behavior

Breaching the above provision would constitute a criminal offense and We will report You to the appropriate authorities.

 

Liability For Prohibited Behavior

We will not be liable for any loss or damage caused by a distributed denial-of-service attacks, viruses, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Site, or to Your downloading of any material posted on it, or on any website linked to it.

 

Policy Regarding 3rd Party Disclosures

We do not sell, trade, or otherwise transfer to outside parties Your Personal Information (“Personal Information”), except to the extent necessary to provide the service. Please review Our Privacy Policy for more information.

 

Electronic Communications 

Visiting legacyboatingclub.com or sending emails to Legacy Boating Club constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

 

Marketing Site

Our relationship is that of independent contractors. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between You and legacyboatingclub.com. We are a marketing site and We market a business directly to consumers. All transactions will take place between the consumer and the business. 

 

Indemnification

You agree to indemnify, defend and hold harmless Legacy Boating Club , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Site or services, any listings, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. Legacy Boating Club reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Legacy Boating Club in asserting any available defenses. 

 

Governing Law

The Terms & Conditions shall be governed and construed in accordance with the laws and jurisdiction of Florida, United States. 

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

  

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and Legacy Boating Club agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LEGACY BOATING CLUB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

LEGACY BOATING CLUB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LEGACY BOATING CLUB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEGACY BOATING CLUB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LEGACY BOATING CLUB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.   

 

Severing The Terms & Conditions

Any provision of any relevant terms and conditions, policies and notices which is unenforceable in any jurisdiction shall be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

 

Revising Our Terms & Conditions

We have the discretion to update Our Terms & Conditions at any time. We will notify You of any changes by posting the new Terms & Conditions on Our Site. We encourage You to frequently check this page for any changes to stay informed about any new terms taking effect.

You acknowledge and agree that it is Your responsibility to review Our Terms & Conditions periodically and become aware of modifications. By continuing to access Our Site after the new Terms & Conditions become effective, You agree to be bound by the new Terms & Conditions. If You do not agree with the new Terms & Conditions, please stop using Our Site.

 

Account

You must create an Account and provide certain information about Yourself to use some of the features that are offered through Us. You are responsible for maintaining the confidentiality of Your Account password. You agree to notify Us immediately of any unauthorized use of Your Account. We reserve the right to close Your Account at any time for any or no reason. By creating an account with Us through our third-party reservations software, You consent to receive communications from Us, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote legacyboatingclub.com or businesses listed on legacyboatingclub.com.

 

Acceptance Of Terms

By using Our Site, You signify Your acceptance of Our Privacy Policy and Our Terms & Conditions. If You do not agree to Our Terms & Conditions, please do not use Our Site. Your continued use of Our Site following the posting of changes to Our Terms & Conditions will be deemed Your acceptance of those changes.

 

Online Reservation Acceptance Of Terms

If You use the online reservation option, You also agree to the privacy policy of the third-party software facilitating Your reservation (including but not limited to, “Boat Club Software”). Please read the privacy policy on the applicable reservation software’s website before You reserve a boat using the online reservation feature.

 

Entire Agreement

The above Terms & Conditions constitute the Entire Agreement between You and Our Site and supersede any and all preceding and contemporaneous agreements between You and Our Site. Any waiver of any provision of the Terms & Conditions will be effective only if in writing and signed by a Director of Our Site.

 

Questions

If You have any questions about Our Terms & Conditions, the practices of Our Site, or Your dealings with Our Site, please Contact Us.

Legacy Boating Club 

(850) 337-8388

Effective as of January 11, 2025