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” means the owner of any boat berthed in the Marina or the duly authorized representative of the owner.
2. All of the following is agreed between Nichols and Licensee:
(a) Nichols grants to Licensee 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 canceled. No refunds shall be made 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. Proportional reimbursement will be made for the storage fee. These rights are in addition to Nichols right to cancel for Licensee’s default. (d) Storage rentals are non-transferable.
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 it's discretion to determine the maintenance of proper safety conditions.
4. Licensee agrees to have his boat completely insured, including liability, collision and fire and extended coverage insurance with Nichols as an additional named insured on the policy. Each boater 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 will be held responsible for 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 Licensee expects 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 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 after notice to the Licensee, may adequately secure the boat and assess an appropriate service fee.
8. Licensee 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 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 (and guests) agrees to conduct themselves at all times when at the Marina, or on any boat berthed therein so as to create no annoyance, hazard or nuisance to the Marina or to the other Licensees. 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.
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. In order 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 shall 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 and their guests are 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 kept to a minimum at all times. Licensee may 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 inwater at the docks unless done by Marina.
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 leashed at all times; owners must clean up after their pets. Minor children must be accompanied by adults at all times. No running or bare feet are allowed on the docks.
19. Unless Nichols gives express written permission, Licensees are not permitted to put “For Sale” or similar signage on boats. Licensee agrees that should any sale or transfer in ownership of their boat occur while at Nichols, Licensee remains financially responsible for any and 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 is solely responsible to take 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 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 will be billed accordingly. NO Poly tarps of any kind are permitted for boat covers. All shrinkwrapping is done by Marina personnel only.
22. Licensee agrees to 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 acknowledges that Nichols makes no representation regarding the adequacy of water levels for egress and ingress. Nichols is not responsible for damages resulting, directly or indirectly from low water levels.
24. Licensee is not permitted to use designated berth for any boat (or dingy) other than the boat listed on the storage invoice. Only one boat may occupy the berth at any time.
25. Licensee is not permitted to 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 is the sole responsibility of the boat owner.
27. This Agreement being 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 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 user and Marina shall be exempt from any and all liability for damages or injury to and 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 weather-proofing 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. Unless the Marina receives a specific written work order to do so and suitable charge agreed to, the Marina does not inspect the 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 owner no later that November 1. The marina will haul boats at will after November 1 for winterizing.
33. If Licensee fails to pay the amount hereby agreed to be paid for the rental of space, or the repair, and service of such boat and equipment, the Marina may detain the same at any time the boat is lawfully 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 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 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 permittee will be responsible for all costs related to storage of the vessel, disposal, and all outstanding obligations.
34. Licensee 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. This agreement shall be construed and enforced under the laws of the State of New York.
36. The 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 it's 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 agrees to relieve the Marina, it's employees, representatives and or contractors of any liability whatsoever and agree to pay for any of the items purchased on the owners behalf.
37. Nichols reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the service fees at any time and without prior notice. If the modified Terms are not acceptable to you, your only recourse is to cease using the services.
38.Licensee acknowledges and agrees that Nichols does not have exclusive possession of Licensee's boat and the relationship between Nichols and Licensee is a Leasor/Licensee relationship and not a bailment relationship. 39. The 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 fee's for damages to property, injury or life to third parties resulting from or arising from the boat owners use of the boat.
40. 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.
41. Please remember that the majority of the rules we have created over the years are meant to expedite our services and to provide you with a safe, enjoyable boating experience. Should you at any time have any questions, please feel free to contact us at your earliest convenience.