Storage Terms & Conditions
1. Authority: The undersigned “Owners” warrant that they are either the owners of the Boat or that they are duly authorized by the owners of the Boat to enter into this Storage Agreement as agents for the owners and to bind themselves, the owners, and the Boat to the terms and agreements stated herein. “Owners” as used herein shall include the singular and the plural.
2. Renewal/Termination/Payment: Annual Storage Agreements run from April 1st through March 31st. Owners will have until January 1st to notify TKM:
(a) Whether Owners intend to renew this Storage Agreement (incorporating any new terms to be disclosed by TKM) for another year beginning April 1st ; along with a 50% non-refundable storage deposit or
(b) Whether Owners do not intend to renew this Storage Agreement for the following year beginning April 1st. In the event Owners do not state intentions and deposit monies by January 1st, this Storage Agreement will terminated as of March 31st. In the event Owners decide not to renew this Agreement the Boat must be removed from storage at TKM by March 31st.
3. Marina Rules: Owners agree to use and occupy the Storage space and Marina grounds and facilities at all times strictly in accordance with the terms and conditions of this Agreement, any addendum(s), and the Marina Rules and Regulations, which may be modified at any time by TKM at its sole discretion. Owners acknowledge that they have received and reviewed a copy of the current Marina Rules and Regulations.
4. Utilities/Facilities/Charges: Owners agree to use and occupy the Storage space and Marina grounds and facilities at all times strictly in accordance with the terms and conditions of this Agreement, any Addenda, and the Marina Rules and Regulations, which may be modified at any time by TKM at is sole discretion. Owners acknowledge that they have received and reviewed a copy of the current Marina Rules and Regulations.
5. Assignment: Owners acknowledge that the Storage space may not be sublet nor may this Agreement or any rights hereunder be assigned by Owners without the prior written consent of TKM. TKM shall have the right to use the Storage space whenever the Boat is removed from it overnight or longer.
6. Insurance: Owners agree at all times to keep the Boat and its contents insured by a policy of all risks hull insurance in an amount equal to the actual value of the Boat and its contents. Owners shall also keep the Boat insured at all times by a policy of property and indemnity (P&I or public liability) with minimum limits of $300,000 per incident. Owners agree to name TKM as an additional insured on all such policies of insurance. Owners agree to provide TKM with a Certificate of said insurance prior to using the Storage space, upon demand of TKM and upon every renewal hereof. Continuation of this Agreement despite any failure by the Owners to provide such Certificate to TKM, and despite the failure of Owners to cause RRM to be named as an additional insured shall not be considered waivers of such requirements by TKM.
7. Owners Obligations: Owners agree that it is their sole duty to keep the Boat properly secured and moored when in the water; to keep the Boat covered by valid and effective state registration and/or federal documentation, and any required state use decal; to keep the Boat tight (bilges dry), staunch and seaworthy; to keep the Boat in good operating condition and repair; to keep the Boat neat, clean, and free of rust, mildew, peeling paint, rot, blistering, and flaking; to equip the Boat with adequate mooring lines and fenders in strong, clean and satisfactory condition; and to keep the Boat with a neat, shipshape and aesthetically pleasing appearance. Owners’ compliance with the standards referred to in this paragraph shall be determined at the sole discretion of TKM. Owners acknowledge that the Storage space is not to be used for the long term storage (over 30 consecutive days) of an inoperable boat (except when winterized between November 1 and April 15). Failure to comply with the requirements of this paragraph may be grounds for termination with cause (see Paragraph 14 below).
8. No Warranties: TKM and/or the Marina make no warranty or representation of any kind regarding the Marina or the Storage spaces except that TKM has the legal right to rent them to Owners. In the event the TKM loses the legal right to lease the Storage spaces, this Agreement will be terminated in accordance with the procedures set forth in Paragraph 12 below.
9. Parking: Owners understand that in addition to the Storage space, Owners are entitled to use one motor vehicle parking space in the parking lots designated by TKM, which may vary from time to time. Owners acknowledge that the availability of parking is not guaranteed and that parking is on a “first come, first served” basis, since parking space is limited. Strict compliance with the Marina Rules concerning parking is required at all times.
10. Emergencies: Owners acknowledge that TKM has no duty or obligation to keep Owners’ Boat afloat, to prevent damage to the Boat, or to prevent the Boat from damaging the environment or the boats and property of others. Owners agree that TKM may board, move, and operate the Boat if, at any time, in the sole judgment of TKM, this becomes necessary to protect persons, the environment, or property. TKM and/or the Marina may disconnect electrical power to the Boat and/or disconnect and remove any electrical apparatus aboard the Boat that TKM considers in its sole judgment to be unsafe, unlawful, or a nuisance. Nothing contained herein shall impose any duty upon TKM to inspect the Boat or its equipment, to ensure the Boat’s safety, or to determine if it is a danger to itself, the environment, or to the persons and property of others. Ordinarily, TKM will first attempt to notify the Owners should it observe adverse conditions that do not place the Boat, the environment, or other property in imminent peril. However, if the Boat should sink or appear in imminent danger of sinking, damage from high winds, waves, floods, fire, ice, or in need of dock lines, or if in the sole judgment of TKM the Boat constitutes an imminent danger to itself, the environment, or other vessels/property, TKM in its sole discretion, may take action itself or by hiring others, to haul, pump, raise, salvage, contain/cleanup oil/fuel spills, install dock lines, move the vessel, tow it and store it elsewhere, or take such other action as RRM may deem appropriate, without prior notification or further authorization from Owners. Under such circumstances, neither TKM nor its agents, employees, officers, directors or representatives, shall be responsible for any costs, losses or damages to the Boat or to other property as the result of taking such measures, even if they are negligent. Owners agree to pay immediately all reasonable charges billed by TKM to Owners, or billed to Owners by others retained by TKM in connection with the same.
11. No Bailment: Owners acknowledge that the storage spaces, piers, grounds, parking lots and facilities of the Marina are not completely secure and that the Boat and Owners’ motor vehicle will not be under the exclusive care, custody or control of TKM at any time. Access to boats and piers in the Marina is unrestricted from the water, public areas follow the sea wall, there is no guarantee that controlled access gates will be present or perform properly, or that a security guard will be present. Owners acknowledge that the Marina has limited lighting, no alarms, no electronic security devices/detectors, and no guard dogs, is open to contractors, visitors, other boaters and their guests. Owners acknowledge that TKM is not an insurer of the safety, security or condition of the Boat, the Owners’ motor vehicle, or their contents. Owners agree that TKM is not a bailee or warehouseman with respect to the Boat, the Owners’ motor vehicle, or their contents, and Owners will hold harmless and indemnify TKM from any claims asserted by Owners or others on Owners’ behalf asserting that TKM is a bailee or warehouseman with respect to the Boat, Owners’ motor vehicle, and/or their contents.
12. Limitations: Owners are well aware that the consideration paid for storage space rental and other consideration provided hereunder is disproportionately small in comparison to the value of the Boat, the Owners’ motor vehicle, their contents/equipment, and in comparison to the risks of bodily injury/loss of life to the Owners, Owners’ guests and invitees. Owners are well aware of the various types of risks involved in keeping a boat at a Marina. Owners agree that use of the storage space, Marina grounds/facilities and parking area by Owners, Owners’ guests and invitees shall be at their own risk of property loss/damage and/or personal injury/death, arising from any cause whatsoever. Owners further agree that neither TKM, nor any of its agents, employees, officers, directors, or other representatives shall be liable for any loss, damage or injury to the person or property of Owners or of Owners’ guests, invitees or servants, including Owners’ boat, motor vehicles, their contents and equipment, regardless of whether such loss, damage, personal injury/death be occasioned by fire, storm, theft, vandalism, collision, ice, sinking, act of God, or any other cause or condition, including, but not limited to the negligence of TKM, its agents, employees, officers, directors, or representatives. Owners further agree to indemnify and hold harmless TKM, its agents, employees, officers, directors, and representatives from and against any claim, action, damages, attorney’s fees and costs arising from the use of the storage space, the Marina grounds/facilities, the parking area, and associated facilities by the Owners, Owners’ guests and invitees, arising from any cause whatsoever, including, but not limited to the negligence of the TKM, its agents, employees, officers, directors, and representatives. The foregoing notwithstanding, Owners agree that any claims for losses, damages, or personal injuries/death arising out of the use of the storage space, Marina grounds/facilities, parking area, or other services provided hereunder must be submitted to TKM in writing within sixty (60) days of the time the Owners knew or should have known of such claims, or such claims shall be forever barred against the TKM, its agents, employees, officers, directors, and representatives. All lawsuits or legal actions against TKM, its agents, employees, officers, directors and representatives must be filed within one year of the occurrence that gives rise to such lawsuit or legal action, orbe forever barred.
13. Termination Without Cause: TKM may elect, at its sole option, to terminate this Agreement at any time. In such event, TKM shall send Owners written notice of termination by first class mail to the address written above (or to any new address provided by Owners to TKM in writing). In such event, TKM shall refund to Owners the pro-rated charges from the date of termination to the end of the current annual term of this Agreement (after deduction of any amounts due by Owners to TKM).
14. Termination for Cause: TKM may at its sole discretion, terminate this Agreement for cause, and without any refund to Owners, in the event Owners fail to pay any of the rental, electrical, or other fees when due; in the event Owners breach any of the terms and conditions of this Agreement; in the event Owners or Owners’ guests, invitees, or contractors fail in the sole judgment of the TKM, to abide by the Marina Rules and Regulations or the terms of this Agreement; or should Owners behave in a manner which, in the sole judgment of TKM, is disorderly, might injure or endanger other persons, damage property, or harm the reputation of TKM. In the event TKM decides to terminate this Agreement for cause, it will send written notice to the Owners by certified mail at the address written above (or any new address provided by Owners to TKM in writing), specifying the nature of the defaults and demanding that the defaults be corrected within ten (10) days of the date notice is sent. In the event the defaults are not corrected within said time, in the sole judgment of TKM, this Agreement may be terminated. Upon termination, the Owners must immediately remove the Boat from the Marina. Following termination, and until the Boat is removed from the Marina, Owners agree to pay TKM and/or the Marina storage space rental at the daily standard rate then in effect at the Marina. In the event Owners shall fail to remove the Boat from the Marina within three (3) days of the termination becoming effective, Owners authorize RRM to board the Boat and take possession of any of Owners’ other property in or about the Marina, and to remove such Boat or other property at the expense of Owners. TKM may remove the Boat or other property to any other wet or dry storage space selected by TKM. Owners agree to pay all costs and expenses of such removal and continued storage and to reimburse TKM and/or the Marina for all such costs and expenses advanced. Owners further assume all risks of loss or damage to the Boat and its contents incurred in connection with such removal and/or storage, and hereby release and agree to hold TKM, its agents, employees, officers, directors and representatives harmless from any liabilities, costs, and expenses incurred in connection therewith, regardless of the nature of the damages, and arising from any cause whatsoever, including but not limited to the negligence of TKM, its agents, employees, officers, directors, and representatives. In the event this Agreement is terminated for cause, as set forth above, Owners shall continue to be liable to TKM for all sums remaining payable hereunder; and any sums prepaid by Owners to TKM hereunder shall be forfeited by Owners and be deemed the sole property of TKM.
15. Late Payments/Collection: Owners agree that on all amounts not paid to TKM within 30 days of the invoice date, a finance charge of 2% per month (24% APR) will be added to the unpaid balance due. In the event it becomes necessary for TKM to file suit or assign invoice(s) to an attorney, individual or firm for collection, Owners agree to pay TKM’s reasonable attorneys’ fees or collection fees, plus all applicable court costs and expenses of such collection efforts. Owners acknowledge the creation of a lien pursuant to Title 16 of the Commercial Law Article of the Annotated Code of Maryland and/or maritime lien pursuant to Title 46 of the United States Code against the vessel and its appurtenances securing the amount of any charges for storage space rental, and any other charges and fees incurred in connection with this Agreement. Owners agree to allow TKM to keep or take possession of the Boat at the Owners’ and Boat’s expense until payment in full of all amounts due to TKM and/or the Marina has been made.
16. Miscellaneous: The paragraph headings are for reference only and are not a part of this Agreement. TKM agrees that the waiver of any term or condition of this Agreement by TKM shall not be continuing. In the event that one or more terms of this Agreement are determined to be unenforceable, such determination shall not affect the enforceability of the remainder of this Agreement, which shall continue in full force and effect. This is the sole Agreement between the parties with respect to the subject matter hereof, and all prior agreements, written and oral, are merged herein. No modification hereof shall be binding unless in writing signed by both parties. This Agreement shall not take effect until signed by both parties. The parties to this Agreement mutually agree that it shall be binding upon them, and their respective heirs, personal representatives, successors, and assigns. Owners agree that the waiver of any term or condition of this Agreement by TKM shall not constitute a waiver of any other term or condition of this Agreement and shall not be continuing.
17. Contractors: Owners acknowledge that no work of any kind may be performed on the Boat while it is in the Dry Rack. Owners must give a minimum 48 hour notice in writing to TKM in order to have the Boat relocated for the performance of work outside of the Dry Rack. Contractors are permitted to work at the Marina only if their services are not offered by the TKM Service Department. Owners acknowledge that TKM requires all workers and outside contractors or others engaged to service the Boat, to provide TKM with Certificates of workers’ compensation and/or liability insurance upon request. TKM reserves the right to deny access to the Marina by any worker or outside contractor who fails to prove the existence of such insurance coverage satisfactory to TKM. All outside contractors must sign RRM’s “Safety Agreement for Outside Contractors” prior to working in the Marina, and they must check in and out with the TKM Service Department upon arrival to and departure from the Marina. Due to environmental and safety concerns, all shrink wrapping of the Boat at any place in the Marina must be performed only by the TKM Service Department. In addition, all engine/generator winterizations performed over land in the Marina must be performed only by the TKM Service Department.
18. Storage Space Assignment: In consideration of the timely payment by Owners of the charges referred to above, as well timely payment for all other charges for goods and services provided to Owners and the Boat by TKM, TKM agrees to provide a single Dry Rack space for storage of the Boat. The Dry Rack Storage Space shall be used solely for the purpose storing the Boat. TKM shall also provide a forklift and operator to move the Boat into and out of the Dry Rack Storage space. Owners shall have the sole and exclusive right to use the Dry Rack Storage space assigned to their Boat by TKM at all times, provided Owners are not in default of any provision of this Agreement. Owners acknowledge that no business of any kind may be conducted using the Boat. Owners acknowledge that no Boat other than the Boat described above, may be substituted without the prior written approval of TKM. Owners have no right to any particular Dry Rack Storage space, regardless of whether a particular Dry Rack Storage space is designated herein. TKM may permanently relocate the Boat to any other Dry Rack Storage space and may temporarily move the Boat to any other location within the Marina (wet or dry) at its sole discretion and at any time. TKM reserves the right to discontinue Dry Rack operations in the event of inclement weather or other conditions deemed unsafe by TKM at its sole discretion.
19. Launch/Recovery Requests: Owners agree to direct all requests for the launching and/or recovery of their Boat to the Marina office. TKM reserves the right to requireidentification of any persons requesting the launch of any boat.
20. Launching of Boats: Upon request by Owner, TKM will launch the vessel from the Dry Rack Storage Space, place it in the water once each day, 7 days per week, between April 15th and October 31st of each year between the hours of 9:00 a.m. and 5:00 p.m., or at such other times posted in the Marina by TKM. Owners must allow TKM one hour advance notice to have the Boat launched. Owners will be charged additional fees by TKM at its customary rates for any additional launches outside of the dates and hours stated above. No launches will be made after 4:00 p.m. In the event the Boat is launched in accordance with Owners request, and Owners have not arrived to take control of their Boat within one hour of the time, TKM may return the Boat to the Dry Rack. In the event the Boat is moved or returned to the Dry Rack Storage space and Owners then request the same day for Boat to be launched or made ready for use, Owners shall pay TKM at the current launch fee in effect.
21. Recovery of Boats: In order to be recovered/hauled by 5:00 p.m. the Boat must be in position in the designated recovery area no later than 4:30 p.m. (or at such other times as posted in the Marina by TKM.), otherwise the Boat will remain in the water until the next morning to be returned to the Dry Rack. Owners may, at their sole risk of loss, moor the Boat in the designated recovery area or in the designated tie-up area for overnight docking, however the Boat may not occupy the tie-up area for more than one day unless arrangements are made with TKM. If Boat is left in the tie-up area the Owners must move the Boat to the recovery area to be hauled. Owners bear full responsibility for the Boat while it is in such designated areas. TKM shall not be liable for the Boat when left in such areas for property damage or personal injuries/death arising from any cause whatsoever, including be not limited to the negligence of TKM, its employees or agents.
22. Owners’ Duties: It is the Owners’ sole duty and risk of loss to prepare the Boat for recovery and placement in the Dry Rack. TKM shall not be liable for any damage caused as the result of Owners’ failure to properly prepare the Boat, arising from any cause, including but not limited to TKM’s negligence. When Owners are ready for their Boat to be returned to the Dry Rack they must:
(a) Provide mooring lines on port/starboard bow and stern to secure the Boat in the designated Dry Rack recovery area.
(b) Place trim tabs in the UP position
(c) Place the outboards/outdrives in the DOWN Position.
(d) Lower and secure all antennas, lights, bimini tops and other tops/covers. The only cover allowed on the Boat while in the Dry Rack is a cockpit cover with snaps. Other covers obstruct the forklift operator’s view. In the event covers are damaged during movement in/out of the Dry Rack, Owners agree that RRM is not liable and repairs will be at Owners’ sole expense, even if it is alleged that RRM was negligent.
(e) Place the battery switch (es) in the OFF position.
(f) Owners shall not back the Boat onto the forks of the forklift.
(g) RRM shall not be responsible for damage to transducers, pilot tubes or any other parts located below the Boat’s waterline.
23. Movement Damage: Owners acknowledge that moving and storing a boat in a Dry Rack Boatel is hazardous under any circumstances, and Owners agree to hold TKM, its employees and representatives harmless from liability for any damage sustained by the Boat for any reason including, but not limited to abrasions, scrapes, tears, crazing, and damage due to leakage from other boats, etc. Owners agree to assume full liability and sole responsibility for any failure of the Boat to withstand the stresses involved in hauling, carrying, racking, setting on trailer, and launching the Boat, and Owners agree to hold TKM, its employees and representatives harmless, and to indemnify them from any liabilities, damages and/or attorney’s fees incurred as the result of the Boat’s failure to withstand the aforesaid stresses, even if it is alleged that TKM was negligent.
24. Leaking Boat: In the event that the Boat leaks or spills oil, gasoline, or water onto another boat while in the Dry Rack and damages another boat, TKM is not responsible for any such damages. Under such circumstances Owners agree to hold TKM harmless and to indemnify TKM for any amounts paid to third parties on account of such damage, even if it is alleged that TKM was negligent.