Pakuranga Outrigger Canoe Club - W1 Membership

Term and Conditions for W1 Membership

Pakuranga Outrigger Canoe club “SHED MEMBERSHIP” Terms and Conditions For your information and reference, these are the terms and conditions of our Shed Membership which form the basis of the agreement between you and Pakuranga Outrigger Canoe Club Te Tahawai o Pakuranga Inc. (POCC).

The terms in this agreement apply to the POCC SHED MEMBERSHIP. We have written this agreement in plain language to make it easy to read and have used “we”, “our” and “us” for POCC and “you” for the “Shed Member”.

License of Storage Space

1. We grant you a license to use the Shed membership Storage Space specified at our storage facility at Nga Hau Maiangi Facility, Ian Shaw Park, Panama Road, Mount Wellington, Auckland (“Storage Facility”) upon the terms set out in this agreement.

2. NO BAILMENT OR DEPOSIT OF GOODS FOR SAFEKEEPING IS INTENDED OR CREATED UNDER THIS AGREEMENT.

Use of Storage Space

3. You may only use the Storage Space to store one W1 waka. No dangerous or hazardous substance, illegal, stolen, flammable, explosive, environmentally harmful, perishable or a risk to our Storage Space or the property of any other person using the facility.

4. You must not conduct or carry on any activity or business from the Storage space or the facility.

5. You must not use the Storage Space for any unlawful purpose. You must own the property or goods stored in the Storage Space.

6. You warrant that you own everything stored in the Storage Space and that they are free of any chattel security, other security interest, or encumbrance, except for those items notified to us in writing.

Access to Storage Space and Facility

7. You may only access our Storage Space, toilets & Showers during the NHM published operating hours.

8. We will give you a personal swipe key to access our storage facility during normal operating hours.

9. If you owe us any money we may restrict your access to our Storage Space until you have paid us all amounts you owe us.

Difference Between Shed Membership and Club Membership

1. You will be a Shed registered member at the Nga Hau Maiangi building and will be able to access Toilets, showers, storage shed & washing facilities

2. Shed membership is not POCC Club membership.

3. Your rules will be covered by the terms and conditions in this document

4. You will have no Club voting rights at Pakuranga outrigger canoe club

5. You will have no access to Pakuranga outrigger canoe equipment at Tiraumea Drive reserve.

Responsibilities

6. You:

• Alone are responsible for securing and locking the Storage Space and the safe custody of everything stored in the Storage Unit;

• Must keep the Storage Space clean and free of litter;

• Must ensure that anything stored in the Storage Space is dry, clean and free from vermin and food scraps;

• Must not damage or physically alter the Storage Space in any way (including the use of tools, screws, or nails) without our prior written consent;

• Must notify us in writing or by email of any change to your address or the address for your alternative contact person;

• Must comply with all relevant laws applicable to the use of the Storage Space or the storage of anything in the Storage Space;

• Must not smoke in the Storage Space or the facility.

Risk and Insurance

7. Anything stored in the Storage Space is stored at your risk.

8. We have no responsibility or liability for any loss or deterioration of, or damage to, anything stored in the Storage Space however caused, including by water, fire, theft, pest, vermin or any act or omission by us or anyone else.

9. You are responsible for arranging insurance cover against theft, fire, water damage and any other risk that may result in loss of, or damage to, anything stored in the Storage Space.

Our Charges and Payments

10. You must pay the Storage Hire for the Storage Space to us 1 Year in advance.

11. We require a deposit of $50.00 Per Waka. Which will be returned on completion of the lease agreement.

12. We will send you a yearly invoice for the Storage Hire.

13. You may also be charged:

• an account fee, if you ask us to send you a monthly invoice;

• a dishonored payment fee, for any payments made by you that are dishonored;

• a late payment fee, for every 10 days payment of the Storage Hire that is overdue;

• for any damage to the Storage Space caused by you;

• a cleaning fee, if the Storage Space, in our opinion, requires cleaning on termination of this agreement;

• an afterhours access fee, if you have required us to provide access to the Storage Space after hours;

• our reasonable costs (including solicitor/client costs) associated with collecting any money you owe us.

14. We may increase the Storage Hire or any other fee or charge payable under this agreement at any time by giving you not less than one month’s written notice.

Failure to Pay

15. If you fail to pay the Storage Hire within 10 days of its due date and for every 10 days thereafter it remains outstanding, we may, charge you a late fee of $10.00, and restrict your access to our Storage Facility until you have paid us all amounts you owe us.

16. If any amount you owe us remains outstanding for more than one month after the due date we may sell its contents, by auction, to recover any amounts you owe us. We will set-off against any amount we receive from the disposal of the contents of the Storage Unit everything you owe us and send you the remainder (if any).

17. If, in our opinion, we cannot sell anything in the Storage Space in accordance with clause 19 or you fail to collect anything from the Storage Unit when requested by us, we may dispose of the contents of the Storage Unit at your every risk and cost.

Our rights to access the Storage Space

18. If anything you have stored in the Storage Space, in our opinion, threatens life or property we may enter the Storage Space and take any action we deem appropriate in our absolute discretion. Where practicable we will try and contact you to give you an opportunity to give us access to the Storage Space. If we are unable to contact you, we will notify you as soon as possible of the reason why we accessed the Storage Space.

Sending Notices

19. We will send notices to the last email address you have given us. Please tell us if you change your email address.

Our rights to compensation

20. Where you do not meet your responsibilities to us, you must pay any reasonable expense we incur in collecting any money you owe us or in exercising any of our other legal rights.

21. You must make good and indemnify us and keep us indemnified for any loss or damage suffered, or cost incurred, by us (including solicitor/client costs) caused by you, any breach of your obligations under this agreement, or anything stored in the Storage Space.

You may NOT Transfer or Assign Your Rights

22. This agreement is personal to you and you may not assign, transfer or sub-licence any of your interests or obligations in this agreement.

Ending the Agreement, You have with POCC

23. You may end this agreement at any time after the expiry of 1 year from the date of this agreement by giving us not less than 15 working days’ written notice.

24. We may end this agreement at any time if you do not pay our charges or meet your obligations under this agreement. We may end this agreement for any other reason by giving you at least 15 working days’ notice.

25. On termination of this agreement you must remove everything stored in the Storage Space and leave the unit in a clean and tidy condition and in a good state of repair and pay all outstanding amounts you owe us.

26. Storage Hire is payable up to and including the date you leave the Storage Space in a clean and tidy condition and will be deducted from any Storage Hire you have paid in advance. We will set-off against any Storage Hire you have paid in advance any other amounts you owe us in accordance with this agreement and send you any excess within 14 days after the date you leave the Storage Space in a tidy and clean condition.

27. To claim your bond money, you must write to POCC at termination of your membership. We require your bank details within three months for payment. After three months, any unclaimed bond money will become the property of POCC.

Rights and responsibilities that continue

28. The ending of this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards.

This agreement contains the entire agreement between You and POCC

29. This agreement records the entire agreement between you and us in relation to our Storage Space. No oral statements made by us apply.

Changing these terms

30. We may change these terms. We will tell you about any changes at least one month before they come into effect.

31. Any other changes to this agreement must be in writing and signed by us.

Loss of Tag

32. Pakuranga Outrigger Canoe Club will supply you with one tag to access the Storage Shed. If Lost you must report this immediately – Failure to do so, might result in illegal access and theft or cancellation of your lease.

33. There will be a fee to replace your tag.