“The Marina”- Portland Boat Works and respective subsidiaries and affiliates.
“Slip Holder”- Any individual associated with the Park and Ramp Boat.
“Boat”- each vessel brought on to Marina premises including engines, rigging, and items onboard.
“Marina Agreement”- any agreement between The Marina and Slip Holder
- PAYMENTS. All payments due under this Agreement are payable to Portland Boat Works.
- DOWN PAYMENT. Slip Holder shall pay to The Marina the specified Down Payment upon execution of this Agreement, which Down Payment shall be applied toward the first Installment(s) of Fees. The Down Payment shall not be refunded for any reason.
- OTHER. This Agreement and the exhibits attached hereto, if any, contain all of the agreements of the parties, both written and oral, with respect to any matter covered or mentioned in this Agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.
(a) Fees payable under each Marina Agreement shall be due in full upon execution of such Marina Agreement, unless a multiple-installment Payment Plan is specified in such Agreement. If a multiple-installment Payment Plan is specified in an Agreement, the Fees thereunder shall be payable in installments in accordance with such Payment Plan (each, an
“Installment”). Slip Holder may be sent periodic statements setting forth any Fees due. If any Fees on such an invoice are not included in a Payment Plan, then such Fees shall be due within 30 days of the date of the invoice or the due date specified on such invoice, whichever is earlier.
(b) If any Fees are not paid within ten (10) days after the date due, or if any check is returned for insufficient funds, The Marina shall have the right to impose a late charge of $30.00 and, in addition to the foregoing late charge, collect interest (1.5%) on the delinquent amounts at the Default Rate until paid in full. The Marina shall have the right to require payment by credit card or by ACH bank draft. Non-receipt of any billing statement does not relieve Slip Holder of the obligation to pay all charges due. All payments shall be made at the Marina or as otherwise indicated on the statement. The Marina shall have the right to board and measure the Boat for accurate billing purposes and shall have the right to charge the greater of the LOA (length overall), Slip/Space length, or the square feet or the cubic feet of the Boat. The LOA shall include any bowsprits or pulpits, outboards, swim platforms or similar protuberances or extensions,
- GOOD REPAIR. Slip Holder shall maintain the Boat in good, seaworthy and attractive condition and repair, operable under its own power (“Good Repair”), and operate the same in a careful and safe manner. If The Marina determines, in its sole discretion, that the Boat is not in Good Repair, The Marina shall have the right to immediately and without advance notice remove and relocate the Boat at the Marina or elsewhere at Slip Holder’s sole risk and expense.
- LIVE ABOARDS. No person may live aboard the Boat at the Slip/Space without the prior written consent of The Marina, which may include additional charges.
- PARKING. Slip Holder agrees to park all Vehicles as directed by The Marina. All parking of Vehicles shall be at the sole risk of Slip Holder. At The Marina’s election, parking rights may be subject to a separate written agreement. The Marina reserves the right at any time to charge a separate fee for the parking of vehicles. Parking privileges will be immediately terminated and any access cards will be turned off upon failure of Slip Holder to pay any amounts due to The Marina. All Vehicles on the Marina premises must be operational, currently registered and insured as required by Applicable Law. The Marina shall have the right to tow any Vehicle parked in violation of this section at Slip Holder’s sole risk and expense. The Marina shall have the right to issue parking permits and require that they be displayed so as to be visible from outside the Vehicle. Such permits may be used only by the Slip Holder for the Vehicle for which it was issued.
- INDECOROUS CONDUCT. Slip Holder shall be responsible for the conduct and control of all Slip Holder Parties. Indecorous conduct by a Slip Holder Party that in The Marina’s opinion (i) is a nuisance, (ii) disturbs or interferes with the enjoyment of other Marina users (including the use of illegal drugs or becoming intoxicated), (iii) might cause harm to any person or property (including the Marina’s reputation), or (iv) is abusive or inappropriate toward any person at the Marina, shall, at the option of The Marina, be cause for immediate termination, without refund, of the Marina Agreement(s).
- OUTSIDE CONTRACTORS. The Marina does NOT permit outside contractors.
11.UTILITIES. Subject to availability, The Marina may make water, trash removal, (the “Utilities”) available at any Slip/Space. The Marina is not a utility or service provider. The Marina does not warrant the availability or compatibility of the Utilities, and shall not be responsible for any damage or injury due to the interruption or unavailability of the Utilities nor shall such interruption or unavailability entitle Slip Holder to any reduction or abatement of the Fees. The Marina shall have the right to separately meter the Utilities and pass charges to the Slip Holder without as part of the Fees.
- LAWS, RULES, AND REGULATIONS. Slip Holder shall comply, and shall cause all Slip Holder Parties and the Boat to comply, with all Applicable Laws and Rules. The Marina reserves the right to alter, amend and modify any Rules at any time by posting a copy of the updated Rules at the Marina, on the Marina’s website, or by furnishing a copy to Slip Holder.
- HAZARDOUS SUBSTANCES. Slip Holder shall not (i) bring any hazardous waste or environmentally objectionable substances, including oil, gasoline or sewage (“Hazardous Substances”) onto Marina premises without prior consent from The Marina or (ii) release or permit to be released any Hazardous Substances on Marina premises. Slip Holder shall be solely responsible for all costs, claims, damages and liabilities resulting therefrom, including the costs of booms, absorbent pads, disposal of the Hazardous Substance, clean up oversight by governmental agencies and Marina personnel, natural resource damages, and any legal fees, costs and penalties incurred in defense of or in connection with any violations. Slip Holder shall immediately report any such release to the appropriate government authorities and to the Marina manager and shall clean up any release of Hazardous Substances. Slip Holder shall keep The Marina informed daily of Slip Holder’s clean-up actions. If The Marina is not satisfied with Slip Holder’s actions, The Marina shall have the right to take any action it deems appropriate at Slip Holder’s expense. This provision is in addition to, and not in lieu of other environmental and liability limitation/exoneration terms herein and shall survive the termination or expiration of the Marina Agreement(s).
- INSURANCE. Slip Holder agrees to purchase and maintain insurance against such risks as Slip Holder deems prudent and shall look only to said insurance for compensation or damages related to any losses regardless of responsibility, subject to the provisions of this section. At a minimum, Slip Holder shall at all times during the term of the Marina Agreement, if required by such Marina Agreement, maintain, with an insurance company that iss acceptable to The Marina: (i) a Protection and Indemnity policy of insurance with limits of not less than $500,000 and a deductible of not more than $10,000 per occurrence, naming Westbrook Marine Center; and its affiliates and subsidiaries as additional insured, and
(ii) a Hull and Machinery policy covering at least 100% of the present actual cash value of the Boat, with endorsements for extended perils, damage by fire, pollution and fuel spills, salvage and wreckage removal, vandalism and burglary. Such limits of insurance are minimum requirements only and are not intended in any way to limit the insurance available under such insurance policies or Slip Holder’s liability. Upon execution of Marina Agreement and as requested by The Marina from time to time, Slip Holder shall provide The Marina with a certificate of insurance evidencing required coverage and shall produce evidence of the renewal of the policies no later than 30 days prior to their expiration. All policies of insurance shall require 30 days’ advance notice by the insurance company to The Marina of any amendment or cancellation. Slip Holder specifically waives all rights of recovery against The Marina Parties. Where the policy permits a waiver of subrogation where required by written contract, The Marina specifically waives, on behalf of Slip Holder and Slip Holder’s insurers, all rights of subrogation against The Marina Parties. Without limitation of any other terms contained in this Marina Agreement, the provisions of this section shall survive notwithstanding the termination or expiration of any Marina Agreement(s) for as long as the Boat remains on Marina premises.
- HOLDOVERS. If the Boat remains in the Slip/Space following termination or expiration of the Marina Agreement, the Boat shall be regarded as a trespasser, and, without waiving objections to such trespass, fees shall accrue at the highest rate then charged for comparable slips or spaces at the Marina, beginning the day following the termination or expiration of the Marina Agreement until the Boat is removed from the Marina (the “Holdover Period”); provided, however, if the foregoing calculation of holdover fees is not permitted by Applicable Law, then during the Holdover Period fees shall accrue at a rate equal to 150% of the rate payable under the applicable Marina Agreement, prorated on a daily basis. The Marina shall have the right to relocate the trespassing Boat to any other slip or space or other area at the Marina, or haul the Boat from the Marina for storage at another facility (all at Slip Holder’s sole cost), without incurring any liability for damages or losses from such action, and such action shall not affect the fees payable pursuant to the terms of this section. The terms of this section shall survive notwithstanding the termination or expiration of this Marina Agreement.
- ABANDONMENT. If for any reason the Boat is not removed from the Marina within 15 days of the date of termination of the Marina Agreement, the Boat shall be conclusively regarded for all purposes as having been abandoned. The Boat shall also be conclusively deemed abandoned if any Fees are two or more months in arrears. Notwithstanding the foregoing, if Slip Holder notifies The Marina Affiliate in writing that the Boat has not been abandoned, then the Boat shall not be deemed abandoned unless the Slip Holder fails to remove the Boat from the Marina within 30 days of the date of such notice. If the Boat is deemed abandoned as provided herein, The Marina shall have the right, without liability, to dispose of the Boat in any manner and by any means, including but not limited to destruction, public or private sale, or any other means (each, an “Abandoned Boat Disposal”).
- SECURITY. The Marina shall have the right, but is not required, to install and operate monitoring cameras or otherwise provide security features. Slip Holder agrees and consents to the recording of the Slip Holder Parties and the Boat by any security system or monitoring cameras. Such security is provided solely for the Marina’s benefit, including, but not limited to, the protection of the Marina’s property, and the Marina assumes no responsibility for the personal safety of the Slip Holder Parties, or for the safety of the Boat or any other vessels or their respective appurtenances or any other property.
- PHOTOGRAPHS. The Marina staff shall have the right, and The Marina shall have the right to permit others, to take photographs and pictures of customers and Boats (including Slip Holder Parties on the Boat), and The Marina shall own all right, title and interest, including copyrights, in an to all such photographs and pictures. Slip Holder irrevocably grants to The Marina, on behalf of Slip Holder and all other Slip Holder Parties, the right to use such photographs and pictures for any purpose in connection with The Marina’s business, including for purposes such as advertising and display, in all media by any means or method without further notification or compensation.
- WEATHER. The Marina shall have the right to require Slip Holder to vacate the Slip/Space or Marina due to Hazardous Weather or Natural Disaster Conditions; provided, however, The Marina is not obligated or required to provide any protection or alternative location to the Boat or its occupants in the event of Hazardous Weather or Natural Disaster Conditions. Slip Holder acknowledges and agrees that it is Slip Holder’s sole responsibility to take whatever measures are necessary to prevent the possibility of damage in such conditions and that The Marina is not responsible in any manner for any damages to Boat or Slip Holders Parties as a result of hazardous weather, regardless of preventative measures taken by Slip Holder or any action taken by The Marina. Boats will be required to leave The Marina property 36 hours before any Named Storm makes Landfall.
- BOARDING AND REMOVAL OF BOATS. In case of emergency (as determined by The Marina), The Marina is authorized to do whatever The Marina deems reasonably appropriate without advance notice and without incurring any liability for damages or losses from such action or inaction. Slip Holder agrees to pay for any work done by The Marina or it’s affiliates. Slip Holder agrees to have a working automatic bilge pump on the Boat at all times, connected to one or more fully charged batteries.
- RELOCATION. The Marina reserves the right to relocate the Slip/Space or the dock on which the Slip/Space is located. Slip Holders agrees, if notified by The Marina of any relocation required in connection with the foregoing sentence, to move the Boat to the newly designated Slip/Space within seventy- two (72) hours following receipt of such notice. If Slip Holder fails to move the Boat to the newly designated Slip/Space within seventy-two (72) hours following tender of such notice, then The Marina shall have the right to move the Boat to the new Slip/Space on Slip Holders behalf and at Slip Holder cost and risk.
- CONSTRUCTION AND RENOVATION. The Marina shall have the right, from time to time, to cause an interruption of the Utilities or require relocation of the Boat to facilitate maintenance, replacement or improvements to the Marina or any other reason. In such event, the Boat may not be accessible and The Marina shall have the right to require Slip Holder to move the Boat to a less desirable location or secure the Boat to another vessel. The Marina shall provide Slip Holder at least five (5) days’ prior notice of any relocation of the Boat required under the terms of this section. If Slip Holder is living aboard the Boat and the Boat is inaccessible during a circumstance described in this section, The Marina shall have no obligation to provide Slip Holder or anyone else living aboard the Boat with alternate living accommodations, or to reimburse Slip Holder for any costs associated with an inability to live aboard the Boat during such periods. The Marina shall have the right to assign the Boat to any Slip/Space it deems suitable after completion of any work described in this section shall have the right to move or relocate the Boat to accommodate normal marina operations, repairs or special events.
- DEFAULT/REMEDIES. The parties agree that all terms and conditions herein are material and fundamental, and that in the event of a breach by Slip Holder of any of the terms or conditions of this Marina Agreement or any other written agreement between The Marina and Slip Holder, including any Rules, The Marina shall have the right to immediately terminate this Marina Agreement, (except as otherwise provided herein), without refund, by notice to Slip Holder. In the event of such a termination, Slip Holder shall immediately pay all sums due and payable to each applicable The Marina Affiliate and remove the Boat and any other personal property of Slip Holder from the Marina. Notwithstanding the above, The Marina shall have the right to elect, at its sole discretion, to provide notice of an opportunity to correct such breach on the terms and conditions set forth in such notice. In the event of any such breach by Slip Holder, The Marina shall also have the right to disable key cards and otherwise restrict access to the Boat or other personal property of Slip Holder at the Marina; provided, however, if access is restricted Slip Holder shall be permitted entry by requesting access at the Marina office.
- REPRESENTATIONS AND WARRANTIES. THE MARINA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, including as to (i) the condition of The Marina’s Equipment, the Slip/Space or the Marina (including floats, walkways, gangways, ramps, equipment and related items) or (ii) the suitability of The Marina’s Equipment, Slip/Space, Utilities, or the Marina for Slip Holder’s intended purposes, and undertakes no duty to advise any Slip Holder Party of any hazardous conditions. The Marina expressly disclaims any safe berth or port representation or warranty and any representations or warranties relating to the channels or approaches leading to or from the Marina.
- LIABILITY AND INDEMNITY. (a) All risk of loss and damage to property and of personal injury or death shall be upon the Slip Holder, and Slip Holder shall be responsible for and shall promptly, upon demand, pay The Marina for any costs or damage incurred by The Marina or others due to acts or omissions of the Boat or the Slip Holder Parties. Slip Holder agrees that The Marina Parties shall not have any liability of any kind to the Slip Holder Parties or any other party claiming by, through or under Slip Holder for, and Slip Holder, on behalf of Slip Holder and all such parties, hereby forever releases The Marina Parties from any claim or responsibility for, and forever waives the right to assert, make or commence any claim, demand, action or proceeding in respect of or in connection with, the following, no matter how occurring: (i) any injury to persons (including death), (ii) damage to or destruction, loss, loss of use, or theft of any property (including the Boat), or (iii) damages of any other kind (each of the foregoing, a “Loss”), no matter how such Loss was caused, including whether caused by casualty, electrical shock, electrical shock drowning, interruption of or interference with utilities, theft, fire, actions of third parties, collision, allision, chafing, dock maintenance or faulty repair, relocation of the Boat, side-tying or rafting the Boat with other vessels, inaccessibility of the Boat, or any other matter or cause (including any Hazardous Weather or Natural Disaster Condition or act of God), EVEN IF SUCH CLAIMS AROSE OUT OF OR IN CONNECTION WITH THE NEGLIGENCE OR FAULT OF THE MARINA PARTIES, BUT NOT TO THE EXTENT CAUSED BY THE SOLE NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE MARINA PARTIES, WHICH MAY NOT BE PRESUMED AND MUST BE AFFIRMATIVELY ESTABLISHED. The foregoing limitations on liability shall be enforceable to the maximum extent permitted under Applicable Laws. In the event Applicable Laws do not permit the exclusion of liability, liability shall be limited to the minimum amount permissible under Applicable Laws. (b) Slip Holder shall at all times indemnify, hold harmless, protect, and, at the written request of The Marina, defend The Marina Parties from and against any and all claims, demands, causes of action, suits, judgments, damages, injuries, liabilities, losses, costs, fees and expenses of any nature, kind or description, including, without limitation, attorneys’ fees (collectively, “Damages”), directly or indirectly arising out of, related to, caused by, resulting from, incurred by or suffered by, whether in whole or in part: (i) any Slip Holder Party or other persons, including in the event of any death thereof; (ii) any property, Boat or Vehicle (including the presence of a Boat or Vehicle at the Marina, or any Slip Holder Party’s use of a Boat or Vehicle); (iii) theft, fire, collision, allision, chafing, dock maintenance or faulty repair, or by reason of any other cause; (iv) any Slip Holder Party’s use of The Marina Equipment, the Marina or the areas in, on or around a Boat, the Slip/Space, the dock areas, basins, the walks, floats, ramps, gangways, convenience facilities, parking areas, walkways, and roads in, around and leading to and around the Marina premises; (v) any activity, work or other things done, permitted or suffered by the Slip Holder Parties; (vi) any alleged or actual breach or default by Slip Holder of any Marina Agreement; (vii) any act, omission, negligence or misconduct of any of the Slip Holder Parties; (viii) any damage to a Slip Holder Party’s or third party’s property; or (ix) any Abandoned Boat Disposal, including but not limited to surveying costs, disposal costs, storage costs, legal fees and claims by mortgage lien holders. The Marina Parties shall in all events retain the right to complete control over the defense and settlement of any and all third party claims, demands, actions, lawsuits, litigation or proceedings related in any way to, or arising from, any of the foregoing (collectively, “Claims”). Slip Holder shall reimburse The Marina Parties on demand for any Damages incurred.
(c) THE OBLIGATIONS OF SLIP HOLDER UNDER THIS SECTION SHALL BE ENFORCEABLE EVEN IF DAMAGES OR CLAIMS ARISE OUT OF OR IN CONNECTION WITH THE NEGLIGENCE OR FAULT OF THE MARINA PARTIES, BUT NOT TO THE EXTENT CAUSED BY THE SOLE NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE MARINA PARTIES, WHICH MAY NOT BE PRESUMED AND MUST BE AFFIRMATIVELY ESTABLISHED.
(d)Slip Holder acknowledges and agrees that under no circumstances shall Slip Holder be entitled to special, indirect, incidental, consequential (including, but not limited to, loss of use, lost profits, loss of financing, and loss of goodwill), or punitive damages, and Slip Holder waives and releases all claims for such damages. Slip Holder further acknowledges and agrees that The Marina partners, officers, members, managers, affiliates, shareholders, directors, employees, and agents have no liability to Slip Holder with respect to any of the provisions of any Marina Agreement.
(e) The terms of this section shall survive notwithstanding the termination or expiration of any Marina Agreement(s).
- LIEN. Slip Holder hereby grants The Marina a lien on the Boat for any fees or damages payable under The Marina Agreement which are not paid to The Marina when due, and The Marina shall have the right to pursue all legal and equitable remedies to perfect and foreclose said lien, including but not limited to chaining or locking the Boat. The right of enforcement of the lien herein granted to The Marina shall be in addition to any and all other rights and remedies available to The Marina hereunder or in connection herewith and shall not in any manner alter, waive or abrogate Slip Holder’s personal liability hereunder. To secure the lien rights granted herein, The Marina shall have the right to file one or more financing statements in the jurisdiction of Slip Holder’s residence as that jurisdiction appears on the certificate of title to the Boat or an equivalent document. THIS AGREEMENT INCORPORATES BY REFERENCE FEDERAL STATUTE 46 U.S.C., § 31342 (A/K/A THE COMMERCIAL INSTRUMENTS AND MARITIME LIEN ACT) UNDER WHICH THE MARINA MAY FORECLOSE ITS LIEN ON SLIP HOLDER’S BOAT IN THE EVENT OF NON- PAYMENT OF THE FEES DUE AND PAYABLE HEREUNDER. THE RIGHTS AVAILABLE TO THE MARINA UNDER SAID STATUTE ARE IN ADDITION TO ANY AND ALL OTHER RIGHTS WHICH THE MARINA HAS AVAILABLE TO IT UNDER THIS AGREEMENT OR OTHERWISE AT LAW AND/OR INEQUITY.
- FORCE MAJEURE. The Marina shall not be liable for any failure or delay in performance of its obligations under any Marina Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God, earthquakes, fires, floods, high winds, wars, civil or military disturbances, acts of terrorism, sabotage, strikes, pandemics or epidemics, quarantines, restrictions by governmental authorities, riots, power failures, computer failure or any other circumstances determined by The Marina to be beyond its reasonable control and which render the full or partial performance of such Marina Agreement illegal, impossible, or impracticable (including commercially). In the event the Slip/Space is damaged or destroyed, The Marina shall have no obligation to rebuild or restore the Slip/Space or provide a replacement slip or space for the Boat.
- FINAL AGREEMENT; OTHER. (a)With respect to the interpretation of The Marina Agreement, (i) the section and paragraph captions shall not be considered in the construction or interpretation thereof, (ii) the singular includes the plural and the plural includes the singular and the masculine gender includes the feminine and neuter and vice versa, (iii) “or” means “and/or”, (iv) “including” or “include” means “including without limitation”, and (v) unless otherwise specified, when exercising its right to approve or consent to an action, a party is entitled to withhold or condition such consent or approval in its sole and absolute discretion, and any consent or approval of a party shall not be deemed given unless it is given in writing by an authorized signatory of that party. (b) The Marina’s rights and remedies are cumulative, and pursuit of any remedy is not an election of remedies or a waiver of any other remedies. No waiver or forbearance of a breach of contract shall be construed as a waiver or forbearance of any subsequent breach. The acceptance of any performance or the payment of any amounts after the same has become due or at a time when any other default exists shall not constitute a waiver of the right to demand payment of all other amounts owed or a waiver of any other default then or existing thereafter. If any provision of a Marina Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited and the remainder of such Marina Agreement shall continue in full force and effect. No Marina Agreement may be amended, modified or supplemented or added to except by an agreement in writing signed by the parties to such Marina Agreement or their respective successor(s) in interest, exclusive of email communications. This Marina Agreement and the exhibits attached hereto, if any, contain all of the agreements of the parties, both written and oral, with respect to any matter covered or mentioned in this Marina Agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. (c) Slip Holder represents and warrants that (i) Slip Holder is not currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control of the Department of the Treasury (“OFAC”); (ii) Slip Holder is currently in compliance with and shall at all times during the Marina Term remain in compliance with the regulations of OFAC; and (iii) Slip Holder shall not use funds which Slip Holder receives from any “Prohibited Person” (as such term is defined in the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit,
Threaten to Commit, or Support Terrorism) to make any payment due to The Marina under any Marina Agreement. Slip Holder further represents and warrants that Slip Holder has the right, power and authority to (i) enter into this agreement and all other Marina Agreements; (ii) grant the rights given by Slip Holder under this agreement and all other Marina Agreements; and (iii) fulfill Slip Holder’s obligations under this agreement and all other Marina Agreements.
(d) If the Slip Holder is an entity, the person signing below affirms that he/she has full authority to bind the Slip Holder to this agreement, by corporate action if required, and that such person (signing this agreement) PERSONALLY GUARANTEES performance of the payment and all other contractual obligations of the Slip Holder. If the person signing this agreement is an agent of Slip Holder, including a captain, such person represents that he/she has the authority to bind the Slip Holder, and that he/she shall personally guarantee performance of payment and all other contractual obligations of the Slip Holder in the event that he/she does not actually have such authority to bind the Slip Holder.
(e) If more than one party signs The Marina Agreement as Slip Holder, all of such parties shall be jointly and severally liable for the performance of all obligations as the Slip Holder thereunder and shall be bound by such Marina Agreement. Unless The Marina is notified by Slip Holder in advance in writing to the contrary, anyone in possession of or apparent charge of the Boat shall be deemed to have the authority to act on behalf of Slip Holder and The Marina shall be entitled to accept and act in reliance upon orders or requests by such persons for services, supplies, work, labor and other material of any kind for the benefit of Boat or The Slip Holder.
(h) Neither this agreement nor any other Marina Agreement constitutes the granting of any ownership interest to the Slip/Space or any of the facilities at the Marina. Slip Holder shall not pledge any Marina Agreement as security or record any Marina Agreement or any memorandum as a real property record with any clerk of court, administrative agency or otherwise present such as holding a legal interest to real or intangible property.
(i) In the event Slip Holder and Marina disagree regarding any interpretation of any Marina Agreement, or their respective rights thereunder, the issue shall be decided by Marina in its sole discretion, and Slip Holder shall be obligated to perform in accordance with The Marina’s determination, subject to Slip Holder’s right to make a claim. Failure of Slip Holder to follow The Marina’s determination as required hereunder shall constitute a material breach regardless of whether Slip Holder is ultimately determined to have been correct in its contentions, it being understood that continued performance by Slip Holder shall not be interfered by any dispute or controversy between Slip Holder and The Marina.
(j) If either party defaults under a Marina Agreement, the other party shall be entitled to recover all costs incurred, including attorneys’ fees, in enforcing or protecting its rights. Each Marina Agreement shall be governed by the laws of the State of Connecticut. Claims or disputes between Marina and Slip Holder arising out of or relating to any Marina Agreement shall be resolved by either arbitration or litigation in The Marina’s sole discretion. Slip Holder shall be advised of The Marina’s election within forty-five (45) days after the filing of any complaint or demand. Slip Holders consents to the dismissal of any action following The Marina’s election.
(k) SLIP HOLDER AND THE MARINA HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER OR ITS SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS MARINA AGREEMENT OR THE RELATIONSHIP OF THE MARINA AND SLIP HOLDER. THIS WAIVER BY THE PARTIES HERETO OF ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY HAS BEEN NEGOTIATED AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN.
(l) Nothing in any Marina Agreement shall be construed to create a joint venture, partnership, or employee/employer relationship. Slip Holder shall have no express or implied right or authority to assume or create any obligations on behalf of The Marina or to bind The Marina to any contract, agreement or undertaking with any third party.
Slip Holder acknowledges that Slip Holder has read and fully understands this Marina Agreement, including without limitation the Rules, which are incorporated by reference. Slip Holder certifies that the information provided herein is correct and agrees to promptly notify The Marina in the event of changes to such information. For as long as any Boat is in Marina, copies of the current registration or documentation for such Boat and certificates of current insurance policies are required to be kept at such Marina’s office.
No advertising or soliciting will be permitted on any boat within the Marina.
This Marina Agreement is non-transferable. If a slip holder sells or charters their boat, all rights to the slip are forfeited.
Slip Holders shall not store supplies, materials, accessories or debris upon any walkway, parking lot, lawn or dock space.
At no time shall gasoline or fuel be carried on the docks or on Marina property to the Slip Holders boat.
The Marina shall have the right to assess a 1.5% surcharge on all invoices to offset the cost of complying with environmental laws and regulations pertaining to the disposal of hazardous materials originating on Slip Holders boats and to the Operations of The Marina in compliance with such laws and regulations.
No swimming or scuba diving off the docks, bulkheads or shores of The Marina.
Cleaning of fish is prohibited on the Marina docks.
Any additions, modifications or alterations to the docks, pilings or property of The Marina is strictly prohibited.
Placing of For Sale signs on boats located in The Marina is prohibited.
All dogs must be kept on a leash at all times, all owners are responsible for cleaning up after their dogs.
As a consideration to our slip holders, hours of reduced noise shall be observed between 8:00pm and 9:00am daily on Marina property.