I. AUTHORIZATION FOR WORK
1.1 OWNER authorizes HYYM to perform services on and, if necessary, operate the vessel described above and agrees to pay for all labor, parts, materials, storage, and related charges immediately upon receipt of invoice. HYYM reserves the right to bill for work in progress, which shall also be due immediately upon receipt.
1.2 OWNER acknowledges that additional defects or damage may become apparent after work begins. HYYM is authorized to stop work until OWNER approves additional repairs.
1.3 OWNER authorizes HYYM personnel to operate the vessel on land or water as reasonably necessary to diagnose, inspect, repair, launch, haul, or conduct sea trials.
1.4 OWNER agrees that approvals provided by email, text message, or other electronic communication shall constitute authorization equivalent to a written signature.
II. PAYMENT, BILLING & STORAGE
2.1 OWNER shall provide HYYM with valid credit card information and a current certificate of insurance before any work begins or before the vessel enters HYYM property.
2.2 Vessels will not be released or launched until all outstanding invoices have been paid in full. Storage charges may accrue until payment is received.
2.3 Storage charges begin immediately upon completion of authorized work or upon notification that the vessel is ready for launch or pickup.
2.4 If any invoice remains unpaid for thirty (30) days after receipt, OWNER authorizes HYYM to charge the outstanding balance to the credit card on file. If payment cannot be processed, interest and additional storage charges may be assessed.
2.5 Should HYYM retain legal counsel to collect unpaid amounts, enforce this agreement, or foreclose any lien, OWNER agrees to pay all reasonable costs of collection, including attorney's fees and court costs where permitted by law.
2.6 Any pricing charged per foot or per square foot shall be based on the vessel's LOA (length overall) and maximum beam, including all attached equipment.
2.7 All quotations are estimates only. Final invoices may differ from estimates. HYYM will notify OWNER of charges exceeding ten percent (10%) of the estimate unless additional work is necessary to protect persons, property, or the vessel, or to comply with applicable safety requirements or law.
III. INSURANCE, RISK, & LIABILITY
3.1 OWNER represents that the vessel is insured with adequate hull and liability insurance while on HYYM property and agrees to maintain such insurance throughout the vessel's stay. OWNER understands that HYYM and any additional required entities must be listed as additional insured under the vessel's insurance policy.
3.2 HYYM shall not be liable for loss or damage to the vessel, trailer, equipment, or personal property while located on HYYM property. HYYM shall not be liable for indirect, incidental, consequential, or special damages, including but not limited to loss of use, charter income, profits, diminution in value, or loss of enjoyment.
3.3 HYYM shall not be responsible for damage occurring during or after vessel deliveries. OWNER is solely responsible for ensuring safe and adequate dockage following delivery.
3.4 HYYM shall not be responsible for damage caused by lifting or moving the vessel resulting from structural weakness. OWNER is responsible for identifying proper lifting points. If no guidance is provided, HYYM personnel may determine lifting locations without liability.
3.5 HYYM shall not be responsible for damage caused by hurricanes, tropical storms, flooding, tornadoes, lightning, fire, severe weather, acts of God, or other events beyond its reasonable control.
IV. REPAIRS, PARTS, & WARRANTIES
4.1 HYYM reserves the right to substitute comparable parts or materials based upon availability.
4.2 Removed parts may be discarded unless OWNER requests in writing that they be retained.
4.3 HYYM makes no warranty regarding owner-supplied parts and is not responsible for delays, incompatibility, failures, or additional labor associated with such parts.
4.4 Unless otherwise provided in writing, HYYM makes no express or implied warranties, including warranties of merchantability or fitness for a particular purpose.
4.5 HYYM shall not be responsible for delays caused by weather, labor shortages, supply chain interruptions, shipping delays, manufacturer backorders, subcontractors, or other circumstances beyond its reasonable control.
4.6 OWNER is responsible for ensuring sufficient fuel is aboard the vessel for testing and sea trials.
4.7 Batteries that are dead, weak, disconnected, or otherwise incapable of supporting testing are the responsibility of OWNER.
V. YARD OPERATIONS & SAFETY
5.1 Vessels will not be hauled, and work will not begin, without a completed and signed Service Agreement. HYYM may move vessels as necessary and charge re-blocking fees where applicable.
5.2 HYYM reserves the right to move, relocate, haul, launch, block, or otherwise reposition any vessel for operational efficiency, maintenance, weather, emergencies, safety, or protection of persons or property. Associated costs shall be the responsibility of OWNER unless otherwise agreed.
5.3 Boat stands shall not be moved, unchained, repositioned, or otherwise disturbed by anyone other than HYYM personnel. Stand adjustments requested by OWNER will be billed at the current rate.
5.4 OWNER shall not be aboard the vessel while it is suspended in travel lift slings.
5.5 If OWNER boards the vessel while HYYM personnel are actively working, work shall immediately cease until OWNER leaves the vessel. Labor charges shall continue during such interruption.
5.6 Mast climbing, mast removal, and raising of sails are prohibited anywhere on HYYM property.
5.7 Due to scheduling demands and weather, OWNER should not expect to be present during hauling or launching operations. Scheduled operations will proceed regardless of OWNER's presence.
5.8 HYYM does not loan or rent tools, ladders, extension cords, or other equipment.
VI. ENVIRONMENTAL & YARD RULES
6.1 OWNER shall comply with all applicable federal, state, and local environmental regulations. Disposal of hazardous materials shall comply with HYYM policies and applicable law.
6.2 Boat covers shall not be secured to jack stands. HYYM may reposition improperly secured covers at OWNER's expense.
6.3 Dry-stored vessels shall not remain connected to shore power while unattended. Batteries shall be disconnected or master battery switches turned off.
6.4 Portable heaters and battery chargers are prohibited aboard unattended vessels.
VII. OUTSIDE CONTRACTORS
7.1 Outside contractors are prohibited unless approved in advance by HYYM. Approved contractors must complete HYYM's subcontractor requirements, including a subcontractor agreement, IRS Form W-9, and current certificate of insurance before commencing work.
7.2 HYYM may assess daily contractor access fees, which shall be the responsibility of OWNER.
7.3 HYYM assumes no responsibility for the work of outside contractors. OWNER agrees to indemnify and hold harmless HYYM and its employees from any claims, damages, losses, or expenses arising from contractor work.
VIII. MEDIA & DOCUMENTATION
8.1 OWNER authorizes HYYM to photograph and video record the vessel before, during, and after work for documentation, quality control, insurance, and marketing purposes.
IX. GENERAL PROVISIONS
9.1 Governing Law: This Agreement shall be governed by the laws of the State of Maryland.
9.2 Entire Agreement: This Agreement constitutes the entire agreement between the parties.
9.3 Amendments: Any amendment must be in writing and signed by an authorized HYYM representative.
9.4 Severability: If any provision is unenforceable, the remaining provisions remain in effect.
9.5 No Waiver: Failure to enforce any provision shall not constitute a waiver.
9.6 Successors and Assigns: This Agreement binds the parties and their successors, assigns, agents, and representatives.
9.7 Headings are for convenience only and do not affect interpretation.
9.8 By scheduling services with HYYM, OWNER acknowledges acceptance of this Agreement.