Terms of Agreement
- This Agreement is non-transferable 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. Subletting is prohibited. The Marina is for recreational boating only. The “Operator” shall mean the person(s) that owns the facility operated by Northeast Maritime Institute’s Marina at Slocum Cove. “Contractor” and “Contractors” shall include contractors, contractor businesses, service organizations, and individuals.
- The Marina is a No Discharge Zone: no discharging 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 have their Slip Agreement terminated according to Paragraph 28 of these Terms and/or be 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 Operator 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).
- 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 Operator against all such damage. All policies of insurance are required to list the Marina at Slocum Cove as an additional insured. All vessels will be berthed stern in.
- 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, including the ignition keys.
- 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 contractors prior to commencing any work on the Vessel.
- All Contractors are required to provide the Marina with a Certificate of Worker’s Compensation, and 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.
- 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 and/or storage is therefore accepted at the sole risk of the Customer and the Customer hereby releases the Marina and Operator from any and all claims of damage or liability.
- Customer – for himself/herself as well as for family members, guests, heirs, and/or assigns – assumes all responsibility and liability for any injury or illness, and for all related costs, medical expenses, and damages of any kind from injury or illness that may be incurred, arise out of, or relate to Customer’s activities and/or the activities of additional individuals listed in this Term 9 of any kind within the Marina. Customer agrees to indemnify, defend, and hold harmless the Marina, its officers, agents, managers, employees, and assigns for any and all claims, suits, actions, liability, or expense(s) for liability, injury, illness, or death and for all costs, medical bills, and/or other damages incurred by Customer or his/her family members, guests, heirs, and/or assigns that may be caused by any activity which happens within the assigned boat slip, storage space, or any other area on the Marina premises, except for those caused by the gross negligence of the Marina or its agents.
- 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 Operator 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.
- 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 Operator 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 a materials charge at the Marina’s published rates.
- 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.
- Shoreside facilities include access to restrooms, showers, coin operated washer/dryer, recycling, and garbage disposal. Showers are for the Tenants and their guests: please keep them clean.
- 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 customers 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 strictly prohibited without written agreement from the Marina.
- The following activities are strictly prohibited and will result in the cancellation of this Slip Agreement and immediate expulsion from the Marina pursuant to Paragraph 28 of these Terms: excessive alcohol consumption and/or drunkenness; consumption of controlled substances, abuse of prescription medications, and/or the use of marijuana on the premises; unlawful possession, display, and/or discharge of firearms.
- Quiet hours shall be observed from 10:00PM – 7:30AM.
- Children under the age of twelve (12) are required to wear Personal Flotation Devices (PFD) while on the docks. Children must always be accompanied by an adult.
- Laundry shall not be hung on boats, docks, or piers. Swimming, diving, and fishing are not permitted in the Marina or from the docks.
- 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
- Docks and walkways shall be kept clear.
- Signs, flags, notices, advertisements, and/or political endorsements of any kind shall not be displayed within the Marina property.
- 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.
- There will be no “live-aboard” allowed on any Vessel in dry storage at the Marina.
- 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 two automobiles in the designated parking areas while on board their vessel. All others will be towed at the owner’s expense. Trailers shall not be left on Marina property. Each vehicle must display slip identification while parked on the premises.
- 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 storage of their Vessel and/or item(s) 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/or for damage caused by subject Vessel to any docks, property, or person of the Marina or the Operator.
- 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, shall be added.
- The marina is authorized to haul and store any Vessel with a delinquent account at the owner’s expense and rent said slip. A 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 any Tenant(s) and/or guests, and/or for damage caused by subject Vessel to any docks, property, or person of the Marina or the Operator. Such encumbered watercraft may be offered for public sale to satisfy this indebtedness.
- Seasonal Marina slips/moorings are sold on a first come, first served basis and are non-refundable.
- Any violation(s) of the Terms of this Agreement may result in cancellation of this Agreement and/or prosecution. Upon the Customer’s violation(s) of any of the above Terms, 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. The Marina further reserves the right, at its option, to require the IMMEDIATE removal of any Vessel, without prior notice, for anyone who, in the Marina’s judgment, creates a significant disturbance or nuisance, or deliberately breaks any of the terms of this Agreement. No refund of fees will be made in the event of any Agreement cancellation pursuant to this Paragraph.
- 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.