STORAGE AGREEMENT TERMS & CONDITIONS
1. The word “Marina” as used herein means the entire premises of approximately 5 acres comprising the Nichols Yacht Yard Marina, including the boat basin and docks. The word Nichols Yacht Yard Inc. means, Nichols Yacht Yard Inc. or its successors and or assignees. The word “Licensee” sometimes referred to as the Boat Owner, means the legal owner of any boat berthed or stored in the Marina and or the duly authorized representative of the Boat Owner.
2. All of the following is agreed between Nichols and Licensee (Boat Owner):
(a) Nichols grants to Licensee (Boat Owner) a license to use the storage space as determined by the Marina. Should any boat not vacate on the date required, Licensee agrees to pay a daily transient rate for each day until the boat is removed. (b) Storage space rentals shall be strictly in accordance with published schedules and shall be paid in accordance with this agreement. Storage rentals shall not be refunded even if Licensee shall fail to occupy space. (c) If it is considered by Nichols to be in the best interest of the Marina and/or its Licensees, Nichols reserves the right, after 10 days’ notice to cancel this Agreement and Licensee shall remove his boat forthwith. At Nichols' sole discretion, proportional reimbursement may be made for the storage fee. These rights are in addition to Nichols right to cancel for Licensee’s (Boat Owner) default. (d) Storage rentals and services are non-transferable unless approved by Nichols in writing.
3. To be admitted and to continue as a Licensee’s of Nichols, the boat shall be:
(a) Used for pleasure only. (b) Registered, identified, marked, equipped and maintained as required by law and safe practice. (c) Subject to periodic inspection by Nichols at its discretion to determine the maintenance of proper safety conditions.
4. A Licensee (Boat Owner) agrees to have their boat completely and adequately insured, including liability, collision and fire and extended coverage insurance with Nichols as an additional named insured on the policy. Each Boat Owner and their Insurer shall agree that the Marina as an additional named insured is indemnified against any and all subrogation against the Marina and their insurers. Each Licensee (Boat Owner) will be held responsible for any damage he causes to other boats in the Marina or to the structure of facilities thereof whether caused by negligence or not. The Marina assumes no responsibility for Licensee’s boat or equipment.
5. When a boat enters the Marina, it shall immediately come under the jurisdiction of Nichols and shall be berthed only where ordered and maneuvered as directed. Vessels entering the Marina under emergency conditions shall promptly be reported by their owners or agents to the Marina.
6. When a Licensee (Boat Owner) intends to have his boat out of a berth for an extended period, he shall notify the office in advance. The Marina may lease the berth without the Licensee’s approval during this period. No transfer of boats between berths will be allowed except on prior written consent of Nichols.
7. All boats shall be secured in their berth in a manner acceptable to Nichols, or Nichols may after notice to the Licensee (Boat Owner) adequately secure the boat and assess an appropriate service fee.
8. Licensee (Boat Owner) shall furnish Nichols day and night telephone numbers and addresses at which Licensee can be reached in an emergency and to which mail shall be addressed in addition to this legal residence address. Licensee (Boat Owner) further authorizes Nichols to take such action as it deems prudent should an emergency arise. An extra set of keys and lock combinations should be provided to the Marina.
9. Nichols assumes no responsibility for the safety of any boat at the Marina and shall not be responsible for loss or damage to person or property due to wind, waves, theft, collision, chafing, vandalism, fire, or any other cause, unless due to negligence of the Marina or its employees acting in the performance of their duties.
10. Licensee (Boat Owner) and guests agree to always conduct themselves when at the Marina, or on any boat berthed therein in a manner which does not create annoyance, hazard or nuisance to the Marina or to the other Licensees or their guests. This involves observances of good housekeeping and sanitation practices and the use of garbage and recycling receptacles as put forth by all applicable laws. All Licensees’ shall recycle garbage in accordance with all applicable municipal laws.
11. Dinghy's, tenders and skiffs shall be stored on board larger vessels or in areas designated by Nichols only.
12 No “outside” contractors or service organizations or individuals will be permitted to undertake any work on boats in the Marina without written approval of Nichols. All contractors must sign in at the Marina office during normal business hours. Commercial craft are not permitted in Marina. All outside contractors are subject to Nichols approval. All approved outside contractors must submit a Certificate of Liability Insurance in the amount of $1,000,000.00 minimum with Nichols being named insured, and proof of Workman's Compensation at our office prior to any work being performed. In addition, all contractors must sign in and out at the main office each time they come to the yard to work on your boat. There can be no exceptions to the insurance rule. To avoid any misunderstandings, please do not bring any day laborers in to work on your boat as they will be asked to leave the premises.
13. Licensee (Boat Owner) agrees to comply with all governmental laws, ordinances and rules and regulations and Marina rules and regulations, regarding discharge or deposit of any rubbish, waste material or refuse material of any kind or description into the waters of any river, stream, pond or tidal waters. Licensees (Boat Owner) and their guests are requested to use the Marina’s shore side toilets, and all garbage and other refuse must be placed in receptacles provided by Nichols. A pump out service is available.
14. Noise shall be always kept to a minimum. Licensee shall not use boat as a permanent residence.
15. Swimming, diving or fishing shall not be permitted from boats, docks, finger piers or in any other area of the Marina. No scuba diving or underwater work is permitted for any reason anywhere in the facility.
16. Boat Owners and their guests shall not place ANY supplies, materials, accessories or debris on walkways, and shall not construct thereon any lockers, chests, cabinets or similar structures except with the written approval of Nichols. No work utilizing any sort of chemicals including painting, staining, varnishing maybe be done in-water at the docks unless done by Marina personnel only.
17. No charcoal fires or open fires of any kind will be allowed within the confines of the Marina except in designated areas.
18. Dogs must be always leashed; Boat Owners must clean up after their pets. Minor children must be always accompanied by adults. No running or bare feet are allowed on the docks.
19. Unless Nichols gives express written permission, Licensees (Boat Owner) shall not put “For Sale” or similar signage on boats. If a Licensee (Boat Owner) sells or transfers ownership of their boat while at Nichols, Licensee (Boat Owner) is financially responsible for all expenses for storage and service until the boat is either removed from the marina by Licensee or released from the agreement by Nichols in writing.
20. Licensee (Boat Owner) solely responsible for taking all emergency measures appropriate for their boats and Nichols does not assume any responsibility for protection of and/or damages to the boat.
21. Winter covers must be either properly fitted canvas or shrink-wrap only and cannot be tied to blocking, boat stands, racks or any other supports. Any cover tied in this manner may be removed by Nichols, and the Licensee (Boat Owner) shall be billed accordingly. NO tarps of any kind are permitted for boat covers. All shrink-wrapping is done by Marina personnel only.
22. Licensee (Boat Owner) shall pay all costs and expenses incurred by Nichols in any action taken to enforce any obligations hereunder and the payment of any sums incurred by Nichols for purchases, services rendered, or materials supplied.
23. Licensee (Boat Owner) acknowledges that Nichols makes no representation regarding the adequacy of water levels for egress and ingress. Nichols shall not be responsible for any damages resulting, directly or indirectly from low water levels.
24. Licensee (Boat Owner) is not permitted to use designated berth, slip, or rack for any boat (or dingy) other than the as advised by the marina office. Only one boat may occupy the berth at any time.
25. Licensee (Boat Owner) shall not step or un-step sailboat masts of any type, anywhere, at the Marina at any time for any reason. Gas and or diesel fueling cans or refueling and or storage of fuel cans or containers is not permitted at the marina under any circumstance.
26. Drain plug removal, rain/snow water drainage and interior monitoring of their boat while upland is the sole responsibility of the boat owner.
27. This Agreement is an Agreement for the performance of specified services and storage, no liability for injury, loss or damage to the Owner’s Boat, or to the Boat Owner, members of his family, guests, employees or agents is assumed by Marina, nor is the Marina liable for any loss or damage caused by weather, acts of God or other incidents beyond the control of the Marina.
28. The use of electric extensions is at the sole risk of the Boat Owner and Marina shall not be liable for any damages or injury to any person or property caused by or as a result of the use of any electrical appliance.
29. All boats, shorelines, adapters and dockside male plugs MUST be equipped with an acceptable ground weatherproofing in accordance with Article 555 of the National Code. In 220v/50-amp systems the neutral leg does NOT constitute a ground. All boaters are responsible to keep their boats electrical wiring systems compliant with NEC and ABYC electrical standards. All boaters are responsible to keep their shore power cords out of the water.
30. The Boat Owner acknowledges that the Marina does not inspect boat(s) or equipment during any storage period and is not responsible for any damage which such inspection might have prevented.
31. The Marina assumes no responsibility for cosmetic scratching of any type while handling boats. While our staff is very careful, cosmetic scratches can and do occasionally occur while hauling and or handling boats. The Marina does not assume any liability for any damages including chafing, gelcoat or paint bubbling caused by shrink wrapping of any boat for any reason.
32. The Marina assumes no responsibility for delays for causes beyond its reasonable control in hauling, winterizing, shrink-wrapping, repairing, cleaning or launching. All boats must be ready to be hauled, which means it must be pumped out, foodstuffs and freezable liquids removed by boat owner no later than November 1st. The marina will haul boats at will as needed after November 1st for winterizing.
33. If Licensee (Boat Owner) fails to pay for the rental of space, or the repair, and any services of such boat and equipment, the Marina may detain the same at any time the boat in its possession until such sum is paid; and if such sum is not paid within 15 days after notice of such lien has been given to the Licensee by the Marina in writing at the address of the Licensee (Boat Owner) herein set forth, the Marina may cause such boat and equipment to be sold either at public or private sale and may first retain from the proceeds of such sale any expenses thereof, including reasonable legal fees, and the amount due it under this Agreement, and shall return to the Licensee any surplus of such proceeds. If the proceeds of such sale are not sufficient to pay such expenses and the amount due the Marina hereunder, the Licensee (Boat Owner) shall be responsible for any deficiency. In the event that the permittee or vessel owner fails to respond to communication from the Marina within 180 days, the Marina may dispose of the boat as abandoned property or be to sold at auction. The Licensee (Boat Owner) will be responsible for all costs related to storage of the vessel, disposal, and all outstanding obligations.
34. Licensee (Boat Owner) shall adhere to all environmental laws and shall keep the lands and waters of the Marina clean and free from human and animal waste, oil and fuel spills and other toxic products identified by federal, state and local governments. No spray painting, grinding, paint removal may be done except by Marina. All painting or paint removal operations shall utilize best management practices including but not limited to containment tarps and dustless sanding equipment.
35. The Licensee (Boat Owner) hereby authorizes the Marina, it's employees, representatives, and or contractors to exercise when possible their best efforts in attempting to secure the boat from storm damages. These efforts may include securing the vessel in its slip, anchoring in sheltered waters or whatever actions are deemed to be prudent under the circumstances. Boat owner further authorizes the purchase of additional chain, anchors, ropes, fenders and other related items if necessary and available at the time. Boat Owner also acknowledges that the Marina, it's employees, representatives and or contractors are not responsible for any damages and further agree to pay for of any of the items purchased on the Boat Owners behalf.
36. Licensee (Boat Owner) agrees that Nichols does not have exclusive possession of Licensee's boat and the relationship between Nichols and Licensee (Boat Owner) is a Leasor/Licensee relationship and not a bailment relationship.
37. The Licensee (Boat Owner) shall indemnify, defend and hold harmless the Marina from any costs, expenses, damages and against all claims, demands, loss, lawsuits, including judgements, attorney and or legal fees for damages to property, injury or life to third parties resulting from or arising from the boat owners use of the boat.
38. Any tenant, independent contractor, individual boat owner or their agents conducting any work including but not limited to such activities as washing, painting, sanding, scraping, engine maintenance, repair, etc. or keeping a boat at this Marina shall follow and conform to the management measures and practices described or referenced in the Marina's Storm Water Pollution Prevention Plan which is available in the Marina Office. This requirement is also addressed to any other individual conducting work on a boat at this Marina. Failure to operate in the above manner will: a.) be a violation of the Storage Agreement and subject to revocation of the Agreement without reimbursement, b.) shall be an admission of responsibility and liability for all cleanup costs, fines and/or penalties whether or not assessed against the Facility and c.) shall be subject to legal action. The Marina reserves the right to refuse any individual from conducting work on any vessel located at the Facility for any reason the Marina deems necessary. The Marina also reserves the right to inspect any vessel located at the Marina at any reasonable time to ensure that it meets acceptable standards and is adhering to the practices set forth in the Storm Water Pollution Prevention Plan.
39. This Agreement shall be construed and enforced under the laws of the State of New York.
40. Please remember that the rules we have created over the years are meant to expedite our services and to provide you with a safe and enjoyable boating experience. Should you at any time have any questions, please feel free to contact us at your earliest convenience.
