Winter Boat Storage Request

Webhannet River Boat Yard
Storage License Terms and Conditions
1. Premises and Use: Webhannet River Boat Yard (“WRBY”) hereby agrees to store Vessel on property that is owned or controlled and occupied by WRBY, for the purpose of servicing and storing boats only and for no other reason or purpose. The parties expressly agree that this is a service contract and not a lease and therefore does not convey and interest in any land, building, residence, or real estate.
2. Term: This agreement is for the current season only, which commences and ends on the dates noted above. Space availability for the current term does not guarantee availability for successive terms. In the event the Vessel(s) is not removed from the facility by the last day of the current term, the next term’s fees will be applied.
3. Fees and Payment: Owner shall pay to WRBY, in advance, the Storage Fee listed above. In addition to the Storage Fee, payment for any labor, materials, consultation, or any other fees (collectively “Fees”) are due upon receipt of an invoice unless other terms are expressly provided in writing. Any balance not paid within 30 days or within the terms of the invoice will be assessed a late fee of 1.5% per month. OWNER EXPRESSLY GRANTS WRBY THE RIGHT TO REFUSE TO LAUNCH OR OTHERWISE RELEASE THE VESSEL TO OWNER OR ANY OTHER THIRD PARTY UNTIL ALL FEES ARE PAID IN FULL, INCLUDING FEES GENERATED PURSUANT TO PARAGRAPH 5. ANY LAUNCH OR RELEASE OF THE VESSEL WITHOUT PAYMENT IN FULL OF ALL FEES SHALL NOT BE DEEMED A WAIVER OF ANY RIGHT OF WRBY TO COLLECT FEES UNDER THIS AGREEMENT OR ANY OTHER STATE OR FEDERAL LAW.
4. Facility Rules: Additional rules concerning the use of the facility and other WRBY-owned Property by Owner, and guests may be established and posted by WRBY (“Facility Rules”). Owner hereby agrees to abide by the Facility Rules. The Facility Rules may be amended from time to time at the sole discretion of WRBY. Owner further agrees to make best efforts to ensure employees, invitees, family members and guests adhere to the Facility Rules. Owner agrees to be held responsible in the event Owner’s agents, family members, or guests breach the Facility Rules. Owner acknowledges that violation of any terms of this agreement or of the Facility Rules on the part of Owner, or Owner’s agents, guests or family, could result in Termination of this Agreement and the expulsion of the Vessel(s) from the facility with or without a prorated refund at the sole discretion of WRBY.
5. Notice of Lien: Owner acknowledges that pursuant to 10 M.R.S.A. § 1381 et seq. the Vessel, along with any motor, trailer, tackle, apparel, and furniture are subject to a lien to secure payment for any and all amounts due WRBY under this agreement or any other request by the Owner for services provided to the Vessel. Owner further acknowledges that services provided under this Agreement are necessary for either preservation of the Vessel or for its safe and effective operations. If Owner fails to pay full amount due within 30 days of the due date, WRBY shall have the right to resort to any and all remedies granted under applicable law. Owner agrees that in the event WRBY must pursue enforcement of the lien created by this paragraph, a “reasonable expense of the sale” under 10 M.R.S.A. § 1385 includes attorney fees accrued prior to the sale of the Vessel, including all legal fees incurred by WRBY in any litigation to enforce this agreement, where WRBY is the prevailing party. Owner agrees to reimburse WRBY for any other costs and attorney’s fees not otherwise awarded to WRBY under the statute incurred in the collection of payment under this Agreement or for any action to enforce this agreement. In the event the Vessel remains on the property six months after the end of the term identified by this agreement, Marina may, at its discretion, dispose of the Vessel by any commercially reasonable method including cutting up and scraping the Vessel. In the event Marina scraps Vessel, in addition to any storage fees already accrued, Owner will pay a disposal fee consisting of either (1) the time and materials expended, at Marina shop rates, to cut up and load the Vessel and any fees charged by a waste hauler; or (2) ten (10) times the amount of the fee defined in Paragraph 2 above; whichever is greater.
6. Bailment and Risk of Loss: Owner acknowledge that WRBY is not responsible for any damage to the Vessel including, but not limited to, vandalism, theft, fire, flood, explosion, hurricane, lightning, windstorm, earthquake, subsistence of soil, failure or destruction of supporting property or materials, discontinuance of power, governmental interference, civil unrest, war, work stoppages, or labor shortages. The risk of loss of the Vessel shall at all times remain with Owner and Owner agrees to carry insurance to cover all hazards and in an amount satisfactory to WRBY. Owner agrees to have his/her boat properly registered, equipped, maintained and insured (including hull and liability insurance). Owner agrees to waive any rights of subrogation by his insurer against WRBY for all damages caused by Owner or Owner’s guests. Owner shall provide WRBY with written proof of said insurance upon request in a form satisfactory to WRBY. Owner acknowledges that nothing in this Agreement or in any dealings between the parties to this Agreement constitutes or establishes a bailment and that at all times, Owner shall have access to the Vessel consistent with the provisions in Paragraphs 3 and 5 herein and provided Owner provides WRBY with reasonable notice. Owner shall be responsible for any and all damage Owner or the Owner's guest may cause in whole, or in part to other boats at the facility. Owner further agrees to indemnify and hold WRBY harmless, including costs and attorney fees, from any liability arising from the Owner's, Owner’s agent’s or Owner's guest’s use of the facility, including but not limited to, any expenses, costs, losses or third-party damage claims attributable in whole or part to Owner, or Owner's guests.
7. Removal of Vessel Before Term: If Owner requires Vessel to be removed from the Facility prior to the end of the term defined in Paragraph 2, Owner agrees to pay all expenses related to moving boats and any other obstructions blocking the Vessel.
8. Compliance: Owner agrees to comply at all times with all federal, state, and local codes, ordinances, regulations, and laws relating to or regulating the use of the Facility. Owner further agrees that Owner shall not create any unsafe condition in the Facility, and shall not bring into, or store or use in, the Facility, any hazardous materials.
9. Third Party Contractors: While in storage, vessel Owners may perform work on their own vessel if that work is to be performed by the vessel owner, the owner’s family, or a member of the vessel’s regular crew. No third-party contractors will be allowed to perform work on the vessel without being contracted to WRBY. All approved contractors must sign in at the office and execute an Adherence to Yard Policies Form before commencing work. Proof of liability insurance in coverage amounts acceptable to WRBYis required and must be produced upon management’s request. Owners planning to work on the Vessel themselves or with third-party contractors must obtain the prior written consent of WRBY. Such request must detail the scope and method of the planned work and such consent, if granted, will be limited to the stated scope of work. WRBY’s consent on any given project should not be considered consent on any other project. Owner agrees to abide by all applicable local, state, and federal laws and regulations with respect to any work performed by Owner or the Owner’s agents or contractors. Owner agrees, to the maximum extent permitted by law, to indemnify, hold harmless, and defend WRBY from and against any and all damages, fines, costs, or expenses of whatever kind, including attorneys’ fees, suffered or incurred by WRBY or its employees, that result from, Owner’s or Owner’s agents and contractors failure to abide by applicable local, state and federal laws and regulations or Owner’s, failure to obtain any necessary permits or certificates, or otherwise abide by this Agreement.
10. Assignment: This Agreement is specific to Owner only and is not assignable or transferrable by Owner to any person or entity at any time. WRBY may assign this Agreement at any time and for any reason.
11. Insurance: Owner shall (i) insure Owner and WRBY, as an additional named insured, with commercial general liability coverage, on an occurrence basis and in such amounts and with such Maine admitted companies and against such risks as WRBY shall reasonably require and approve, but in amounts not less than $1,000,000.00 combined single limit with deductibles of not more than $5,000 per occurrence, and (ii) insure Owner and WRBY, as an additional named insured, against loss of the contents and improvements of the Use Area and Property under standard Maine all risk perils form, or its equivalent, in such amounts and with such Maine admitted companies as WRBY shall reasonably require and approve, with waiver of subrogation. Owner promptly shall deliver to WRBY complete copies of Owner’s insurance policies upon request from WRBY.
12. Emergencies: Severe weather may require WRBY to move or temporarily relocate the Vessel(s). Should WRBY determine that it is necessary to move or relocate the Vessel(s), Owner authorizes WRBY to do so at Owner’s sole expense. Owner further authorizes WRBY to take any and all actions necessary to secure the Vessel or any part of the Vessel in the event the Vessel becomes a hazard to itself or to other persons or property; however, nothing in this agreement shall establish WRBY’s obligation to do so and Owner acknowledges that while the Vessel is stored in the building or elsewhere on WRBY property, Owner is at all times responsible for securing the Vessel and all parts of the Vessel including during times of severe weather.
13. Disclaimer of All Warranties: PURSUANT TO 11 M.R.S.A. § 2-719 AND ANY OTHER FEDERAL AND STATE LAW, OWNER ACKNOWLEDGES THAT WRBY MAKES NO WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO ANY PRODUCT OR SERVICES ENCOMPASSED WITHIN THIS AGREEMENT.