TERMS OF AGREEMENT

  1. This Agreement is not transferable to any other person and pertains only to the named boat, dinghy, item, or vehicle (hereafter referred to as the “Vessel”). The “Marina” shall mean the facilities and boat yards operated by Northeast Maritime Institute’s Marina as Slocum Cove. The word “Customer” is used to indicate the owner of any Vessel moored, stored, or parked at the Marina. No subletting allowed. The “Landlord” shall mean the person(s) that owns the facility operated by Northeast Maritime Institute’s Marina at Slocum Cove.

  2. The Marinas is a No Discharge Zone. No discharge or discarding of materials of any sort (other than clean, oil-free water) is permitted into the waters of the Marina. Any Vessel with a toilet shall have a holding tank and shall have the valve in the locked position and direct all effluent toward the holding tank. Marina violators of the No discharge zone may be evicted or prosecuted. The Customer shall be responsible for pumping out their holding tanks and shall maintain their bilges in clean condition. In the event of a discharge or spill caused by the Customer, the Customer shall be liable for and shall indemnify the Marina and the Landlord for any cleanup costs, and for any fines or penalties, and the Marina may assess an additional fine of up to two thousand dollars ($2,000.00).

  3. The Customer shall have his or her Vessel insured for marine coverage, including liability, and shall provide a copy of such policy and expiration date to the Marina upon request. The Customer shall be liable for damage caused to other Vessels in the Marina and for damage caused to the structures or facilities of the Marina, and the Customer hereby indemnifies the Marina and the Landlord against all such damage.

  4. The Vessel will only be entered by the Marina for inspection, service, or emergency. Tenants in the Marina shall provide the Marina with the location and/or a set of main doors, hatch keys or combination and with the ignition keys.

  5. The Customer shall provide the Marina with written permission for any other person’s use of their Vessel.

  6. The Customer shall notify the Marina of all work to be done on the Customer's Vessel and shall provide the Marina with the names of their preferred contractors prior to commencing any work on the Vessel. All Contractors shall contract and bill all work, including insurance claim work, warranty work, extended warranty work, and any other materials and labor through the Marina. The Marina may assess an administrative charge for any such work. and proof of insurance coverage shall be provided to the Marina prior to commencing the work.

  7. All contractors, service organizations, or individuals (“Contractors”) are required to provide the Marina with a Certificate of Worker’s Compensation, a Certificate of Liability Insurance coverage of no less than one million dollars ($1,000,000). No Contractor shall be permitted to undertake any work at the Marina or on Vessels at the Marina without the written approval of the Marina and such approval will not be granted unless the proper Certificates have been provided to the Marina and the Marina chooses not to undertake the work itself.

  8. While the Marina, as a gratuitous service, intends to check lines, covers, etc., and will otherwise endeavor to safeguard the subject Vessel and its equipment from the elements and other dangers, it is specifically understood, and it is conceded by the Customer, that the Marina shall not be responsible or liable for any damages or losses to or of the Vessel, its gear, or any equipment whatsoever. Space rental or storage is therefore accepted at the sole risk of the Customer and the Customer hereby releases the Marina and Landlord from any and all claims of damage or liability.

  9. The Marina reserves the right to move the subject Vessel to a location other than the Customer's assigned space. The Marina further reserves the right to request the Customer to move the subject Vessel from the assigned space or mooring to a safer area during an emergency, as determined by the Marina. If, at such time, the subject Vessel is unattended, or if the Customer cannot be reached, the Customer hereby authorizes the Marina to take whatever steps it may deem necessary to protect subject Vessel, property, and general welfare, and the Customer hereby agrees to indemnify and hold the Marina and the Landlord harmless from any liability, loss or damage caused by or to the subject Vessel which may arise out of or be occasioned by the failure of the Customer to move the Vessel, the inability of the Marina to reach the Customer, the movement of the Vessel by the Customer or the Marina, or the Vessel remaining in the assigned space during this period. Work done to safeguard the Customer's Vessel during such emergencies shall be billed at the Marina’s published rates.

  10. All Vessels, unless secured in their assigned spaces in a manner acceptable to the Marina, shall be secured by Marina personnel. The Customer hereby agrees to indemnify and hold the Marina and the Landlord harmless from any liability, loss or damage caused by or to the subject Vessel which may arise out of or be occasioned by the failure of the Customer to properly secure their Vessel during this period. Work done to safeguard the Customer's Vessel may be billed a service labor charge and materials charge at the Marina’s published rates.

  11. Dockside facilities include fresh water, electricity, and WIFI in the vicinity of the assigned space, unless otherwise noted. These shall be connected with the Customer's own equipment and the Customer is advised to label their property. Electricity is furnished in accordance with the Marina’s published rates. Use of electricity without prior knowledge of the Marina is prohibited. The Marina does not guarantee continuity of electricity, fresh water, or WIFI services.

  12. Shoreside facilities include access to rest rooms, showers, recycling, and garbage disposal. Showers are for the Tenants and their guests. Please keep them clean. Put only toilet paper in the toilets.

  13. The Customer and their guests shall conduct themselves in an orderly manner and observe good housekeeping practices so as not to create an annoyance, hazard, or nuisance to the Marina or to other tenants of the Marina. The use of torches or open flames is prohibited. Power tools, torches, inflammables, toxic removers, or heating equipment of any description and the use of electric outlets for power tools, battery chargers, air conditioners, freezers, refrigerators, heaters, stoves, etc. is prohibited without written agreement from the Marina.

  14. Excessive alcohol consumption or drunkenness shall result in immediate expulsion from the Marina. Consumption of controlled substances, abuse of prescription medications and the use of marijuana on the premises is strictly prohibited and will result in immediate expulsion from the Marina.

  15. Unlawful possession, display, and discharge of firearms is strictly prohibited and will result in immediate expulsion from the Marina.

  16. Quiet hours are from 10:00PM – 7:30AM.

  17. Children under the age of 12 are required to wear Personal Flotation Devices (PFD) while on the docks. Children must always be accompanied by an adult.

  18. Laundry shall not be hung on boats, docks, or piers. Swimming, diving, and fishing are not permitted in the Marina or from the docks.

  19. Cleaning of fish should be done on the Vessel or at home and not on the docks. Please do not dispose of fish waste in the marina trash bins or designated fish station.

  20. Docks and walkways are to be kept clear.

  21. Signs, notices, advertisements, or political endorsements of any kind may not be displayed within the Marina property.

  22. Pets are permitted and should be on a leash. Owners shall clean up properly after their pets by disposing of pet waste using bags placed into Marina trash receptacles.

  23. There will be no “live-aboard” allowed on any Vessel in dry storage at the Marina or Boat Yard.

  24. The Marina parking lot is for use by slip holders only and at the risk of the vehicle owner. The slip holder is entitled to leave one automobile in the designated parking areas while on board their vessel. Seasonal slip holders will be issued one parking permit which will hang from the rearview mirror while on Marina property. One additional household permit can be requested at the Marina Office. Guest vehicle must be registered at the office in advance and may park in the overflow lot if space allows. All others will be towed at the owner’s expense. Trailers are not to be left on Marina property.

  25. For Vessels and items remaining at the Marina beyond the terms of this agreement, the Customer agrees that the pricing and terms of the initial contract will renew at the Marina’s published pricing and terms until the Customer removes their Vessel from the premises. The Customer agrees to pay the Marina for their Vessel and its item’s storage at the Marina or shall have their property subject to lien. The Marina shall have a lien against the subject Vessel, its appurtenances and contents for any unpaid sums incurred by the Customer and guests, and for damage caused by subject Vessel to any docks, property, or person of the Marina or the Landlord.

  26. A late charge of 2% per month will be added for balances unpaid over 30 days. In the event of non-payment, Collection Costs, including Legal fees, will be added.

  27. The marina is authorized to haul and store any boat with a delinquent account at the owner’s expense and rent said slip. A Mechanic’s lien is imposed by law on watercraft to secure incurred debts for storage and/or repair. The Marina shall have a lien against the subject Vessel, its appurtenances and contents for any unpaid sums incurred by the tenants and guests, and for damage caused by subject Vessel to any docks, property, or person of the Marina or the Landlord. Such encumbered watercraft may be offered for public sale to satisfy this indebtedness.

  28. Seasonal Marina slip rental contracts are sold on a first come, first served basis and are non-refundable. However, if a slip has been contracted and extreme circumstances require that the seasonal slip rental contract be cancelled, the Marina will make every attempt to resell the seasonal contract. If the Marina is successful, it will issue a prorated refund for the seasonal slip minus a 15% administrative fee.

  29. Any violators of this Agreement may be evicted and/or prosecuted. The Marina reserves the right to immediately evict, without prior notice, anyone who, in the Marina’s judgment, creates a disturbance, a nuisance, or deliberately breaks any of the terms of this Agreement. No refund of fees will be made in the event of such an eviction.

  30. Upon the Customer's infraction of any of the above rules and regulations of the Marina, the Marina reserves the right, at its option, to cancel this Agreement upon five (5) days written notice to the Customer and the Customer shall forthwith remove their Vessel. No refund of fees will be made in the event of such a cancellation.

  31. This Agreement constitutes the entire Agreement between the parties and shall be binding upon their heirs, successors, and assigns. Alterations of this Agreement may not be made verbally, and all revisions must be in writing.