Winterization Services & Checklist
PLEASE UNDERSTAND THAT All LAND STORAGE BOATS ARE NOT PERMITTED TO KEEP THEIR BOATS PLUGGED INTO ELECTRIC SERVICE. ANY VIOLATION OF THIS Will BE DEAMED AS A BREACH OF CONTRACT AND APPROPRIATE MEASURES BE TAKEN.
- Parking/Liveaboards/Work on the Boat. Unless otherwise agreed by Yard in writing, Owner agrees not to park any cars, trucks, trailers, or any other vehicle at the Facility, other than to toad and unload the Boat, or equipment for or onto the Boat No one, including Owner, shall live aboard the Boat while stored on Yard’s premise for any length of time. Any person found living aboard the Boat will cause this Agreement to immediately terminate. No painting, spraying, sand blasting, welding o any other kind of maintenance or repair is allowed at the Facility with express written permission from Yard.
- Fees for Late Payment or Returned Checks. To compensate Yard for the toss of storage fees due, for costs incurred to handle returned checks, delinquent storage fee and consequential reports to Yard, Owner agrees to pay Yard, in addition to the storage fees due, a monthly $25.00 late fee. Payment by means of a returned check’s does not constitute timely payment. In addition, there will be a $20.00 fee charge for payment with a returned check. Late fees will be charged each month until all storage fees and other charges are paid in full by a valid check or cash. Repeated late fees or returned checks may result in termination of this Agreement, at Yard’s option.
- Boat Title, Authority and Condition. Owner represents and warrants that Owner is the lawful owner of and lawfully possessed of the Boat and has the right and authority to enter into this Agreement with the Yard. Owner represents and warrants to Yard that there are no known potential health, safety, and/or environmental hazards associated with the storage and handling of the Boat. If, as a result of a quality or condition of the Boat, the Boat is or becomes a hazard to other boats, property, or persons, Yard shall notify Owner and Owner shall promptly remove the Boat from the Facility. Pending such disposition, Yard may remove the Boat from the Facility and shall incur no liability by reason of such removal, even if such liability arises solely or partially as a result of Yard’s negligence. Hereinafter, for brevity: sake, the term “Yard” includes the Yard and all of its employees, officers, agents, and representatives.
- Owner’s Release of Liability. The storage space for the Boat at the Facility provided for in this Agreement is to be used at the risk of Owner and Owner’s relatives, guE agents, representatives, and employees. Yard shall not be liable or responsible for the care or protection of the Boat or any loss or damage of whatever kind or natu1 the Boat, even if said loss or damage is caused solely or partially as a result of Yard’s negligence or that arise out of or in any way relate to the Boat, the Yard, the Fae the Yard’s equipment, employees, practices or procedures. There is no warranty of any kind as to the condition of Yard’s premises, including but not limited to the y lot, walks, fences or lighting, nor shall Yard be responsible therefore, or for injuries to persons or property occurring at, around or near the Facility, even if said injury are caused solely or partially as a result of Yard’s negligence.
- Hold Harmless and Indemnity. Owner expressly releases and agrees to hold Yard harmless and indemnify it from and against any and all damages including, but not limited to, fires, flooding, weather conditions, or other events causing partial or total damage or partial or total destruction of the Boat and all other types of losses, expenses, fees and claims of any kind, including claims for subrogation (i.e., claims for reimbursement by the insurers of the Boat and/or the insurers of the Owner), incurred or claimed for any reason or incurred or claimed solely or partially as a result of any negligent act or omission of Owner, his relatives, guests, agents, representatives, and employees. Owner further agrees to hold Yard harmless and indemnify it from and against any loss, damage, liability or expense, including subrogation, incurred or claimed as a result of any damage or loss to the Boat or Owner’s personal property or equipment left in or on the Boat. By way of specificity but not limitation, Yard is not responsible for lost or stolen items. Yard is not responsible for transducers, trim tabs, antennas, or any other equipment that may be damages due to handling, blocking, or other service (if applicable) to the Boat.
- Limitations on Damages to Owner. Even if all other paragraphs in this Agreement are deemed invalid or unenforceable, the parties nevertheless expressly agree that Yard’s liability for loss or damage to the Boat while in its care, custody or control, including under claims of subrogation, shall have a maximum limit of no more tha1 Two Thousand Dollars ($2,000.00) or the total storage charge, whichever is less, even if Yard is found to be solely or partially negligent. In no event shall Yard be liable on or for any claims, including subrogation, or damages for incidental or consequential damages, lost sales or profits or claims that arise from any damage or loss to the Boat, even if Yard is solely or partially negligent with respect to such loss or damage to the Boat.