TERMS AND CONDITIONS

1. General. This Contract is between Marina and Owner for 2025 use only and is not to be construed as a contract for care or custody of Owner’s property. The Owner warrants that he/she owns the above described Boat/Jet Ski that has been assigned Slip #___ (the “Slip”). The term “Boat” as used in this Contract refers to the Owner’s boat or jet ski, as applicable. Marina shall not be responsible for loss or damage, caused by any reason whatsoever, to the Boat or any of Owner’s personal property stored in the Boat. Marina shall not be responsible for any personal injury, including death, to Owner or Owner’s’ guests. No outside service work is allowed on the docks or anywhere on Marina property. The boat ramp at the Marina is for use by Marina employees only. Boat owners need to notify the Marina in advance if they would like Marina staff to launch or remove their boat, and an additional charge will occur. Owner agrees to notify management when his/her boat is to be removed from the Marina. The Marina shall have the option of using the slip if the boat is removed.
This Contract is non-transferable if cancelled. If these guidelines and the following terms are not followed, Owner will be asked to remove his/her Boat from the Slip and to leave the marina with NO REFUND.

2. Limit on Use. Owner may only use the Slip to dock the Boat described above. Owner may not transfer, sublet, assign or permit the use of his/her Slip by another person or dock any other boat or vessel in the Slip.

3. Termination. If Owner violates any of the terms of this Contract, Marina shall have the option of terminating this Contract upon the lesser of three (3) days actual notice, or ten (10) days written notice to Licensee posted onboard the Boat, without waiving any other rights hereinunder. Owner must remove his/her Boat from the Slip prior to the end of the notice period. Marina retains the right to terminate this Contract without cause, at any time, upon thirty (30) days written notice to Owner. In such cases, any prepaid fees, charges, or expenses shall be pro-rated based on the date of such termination. Owner shall remove his/her boat by the termination date so noticed. Nothing in this Section 2 shall waive any other right of Marina under this Contract, at law, equity or admiralty.

4. Removal of Boat. If Owner fails to remove his/her Boat and equipment from the Slip before any termination under Section 2 above or at the expiration of the Term, after proper notice of same to Owner, Marina shall be entitled to: (i) remove the Boat and store or re-dock the Boat at any location in any commercially reasonable manner, all at the expense and on the account of the Owner; (ii) charge Owner the then current transient rate per day for so long as the Boat remains in the Slip; (iii) exercise any other right Marina shall have at law, admiralty or equity; and (iv) any combination of any or all remedies set forth in this Section

5. Owners Release of Liability. The use of the Slip is at the risk of Owner. Marina shall not be liable or responsible for the care or protection of the Boat or any loss or damage of whatever kind or nature to the Boat, unless such loss or damage is caused solely as a result of Marina's gross negligence or willful misconduct. There is no warranty of any kind as to the condition of the Slip, including but not limited to the dock area, nor shall Marina be responsible for injuries to persons or property occurring at, around or near the Slip, even if said injuries are caused solely or partially as a result of Marina’s negligence.

6. Hold Harmless & Indemnity. Owner expressly releases and agrees to hold Marina, its employees, representative or agents, harmless and indemnify them 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/her relatives, guests, agents, representatives and employees. Owner further agrees to hold Marina, its employees, representative and agents, harmless and indemnify them 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, Marina is not responsible for lost or stolen items.

7. Limitations on Damages to Owner. Even if all other Sections in this Agreement are deemed invalid or unenforceable, the parties nevertheless expressly agree that Marina’s liability for loss or damage to the Boat while in the Slip shall have a maximum limit of no more than Three Thousand Fifty Dollars ($3050) or the total Boat Slip Rate, whichever is less, even if Marina is found to be solely or partially negligent. In no event shall Marina 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 Marina is solely or partially negligent with respect to such loss or damage to the Boat.

8. Insurance. All Owners agree to carry sufficient all risk insurance and public liability insurance ($250,000 minimum) along with property damage insurance and must supply copies of all insurance policies to The Marina. Owner acknowledges and agrees that Marina is not a bailee, nor an insurer of the Boat or other personal property of Owner, nor shall Marina provide any insurance coverage for the Boat or personal property for the benefit of the Owner against fire, theft, vandalism or other damages, casualty or personal injury. The Owner assumes all risks associated with the Boat and personal property. The Owner shall, at its sole cost and expense, at all times during the Term, maintain liability and property damage insurance, including hull coverage, on the Boat with liability limits in amounts sufficient to ensure performance by Owner of the hold harmless and indemnity provisions contained in Section 5 above. The liability insurance shall name Marina (at the address on the first page of this Contract) as an additional insured. THE OWNER DOES HEREBY RELEASE AND DISCHARGE MARINA FROM ANY AND ALL LIABILITY FROM LOSS OR INJURY (INCLUDING DEATH) FOR ALL DAMAGES TO PERSON OR PROPERTY SUSTAINED WHILE IN THE SPACE OR ON THE PREMISES, INCLUDING FIRE, THEFT, VANDALISM, WINDSTORM, HIGH OR LOW WATERS, HAIL, RAIN, COLLISIONS, FALLING TREES/TREE LIMBS OR ACCIDENTS OF ANY OTHER ACT OF GOD.

9. Rules and Regulations. Owner agrees to be bound by the Rules of Marina. Owner may not use the Slip until he/she has signed a copy of the Rules and provided that signed copy to Marina. The Rules may be lawfully changed from time to time by Marina. It shall be the responsibility of the Owner to abide by the Rules, and to keep himself/herself apprised of the most current version of the Rules. In any explicit conflict between the Rules and this Contract, this Contract shall govern.

10. Notices. All notices or other communications required or permitted under this Contract shall be served in writing by personal service or overnight courier service, or registered mail, return receipt requested to the applicable address of the receiving party set forth herein. Notices shall be deemed effective upon receipt or upon refusal of delivery by the intended recipient.

11. Severability. Should any term or condition of this Contract be held void or unenforceable, then that term shall be deemed severed from this Contract and the enforceability of the remainder shall not be affected and will remain in full force and effect.

12. Counterparts. This Contract may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. Signatures transmitted by facsimile or other means of electronic communication that are capable of retention, retrieval and reproduction shall be deemed original.

13. Entire Agreement. This Contract contains the entire understanding between the parties and no other representation or inducement, verbal or written, has been made which are not contained in this Agreement.

Jeanne P. Richard

Owner of THE MARINA AT HIGHLAND LAKE, LLC

Monday:	Closed
Tuesday:	10am - 4pm
Wednesday:	Closed
Thursday:	10am - 4pm
Friday:	Closed
Saturday:	10am - 4pm
Sunday:	Closed

2025 Boat Slip Contract