1. Personal Property: OWNER shall remove all personal property, accessories and equipment not permanently affixd to the boat or vehicle. OLD MILL BOATWORKS, LLC. shall not be responsibile for loss or damage to personal property, accessories or equipment left with the boat or equipment.
2. Flammable Materials: OWNER shall remove any fuels, explosives, highly flammable materials or storage containers from the boat or equipment except for fuels or lubricants associated with the normal and usual operation of the boat or equipment and stored in containers provided by the manufucaturer of the boat or equipment.
3. Winterization: OWNER declares that OWNER has completed all necessary winterization of the boat or equipment if winterization services are not contracted from OLD MILL BOATWORKS, LLC. as part of this Agreement. OWNER aknowledges that freezing and subzero temperatures will exist within the storage area and unless OLD MILL BOATWORKS, LLC. is contracted to provide winterization services, OLD MILL BOATWORKS, LLC. will not be responsible for any loss or claim which results from any freezing, water damage or mechanical damage associated with climate conditions, specifically including engine or cover unit damage from expansion of fluids.
4. Removal or Placement: OWNER will give OLD MILL BOATWORKS, LLC. five (5) days notice of the date and approximate hour when the boat or other equipment is to be removed from the premises or delivered to OWNER. OLD MILL BOATWORKS, LLC. will place and remove any boat or equipment in the storage space provided. Under no circumstances shall OWNER move, operate or otherwise handle the boat within the storage space or upon property owned or leased by OLD MILL BOATWORKS, LLC. after possession is delivered to OLD MILL BOATWORKS, LLC. OLD MILL BOATWORKS, LLC. will not be responsible for any damage done to the boat or equipment as a result of OWNER's unauthorized movement, operation or handling of the boat or equipment while in the control of OLD MILL BOATWORKS, LLC.
5. Outdoor Storage: OWNER and OLD MILL BOATWORKS, LLC. acknowledge that OLD MILL BOATWORKS, LLC. does not store the boat or equipment outdoors for any appreciable period of time and storage provided is indoors, in a climate controlled facility.
6. Indemnity: OWNER shall indemnify OLD MILL BOATWORKS, LLC. for any claims, injuries, property losses or expensies of any sort arising from OWNER'S failure to comply with the terms of this Agreement or OWNER'S unauthorized use of or access to the boat or equipment while in the control of OLD MILL BOATWORKS, LLC.
7. Insurance: OWNER shall carry insurance covering the boat or equipment from loss, damage or injury from theft, fire, vandalism or other causes during the period of this Agreement.
8. Lien: OWNER grants OLD MILL BOATWORKS, LLC. a lien on the boat and associated equipment equal to the sum of all amounts due OLD MILL BOATWORKS, LLC. under the terms of this Agreement. OLD MILL BOATWORKS, LLC. is granted the right to hold and possess the boat or associated equipment until full payment under the terms of this Agreement has been made by OWNER and received by OLD MILL BOATWORKS, LLC.
9. Holdover: Any boat or equipment not removed after the agreed upon date between OWNER and OLD MILL BOATWORKS, LLC. shall be considered a holdover and subject to holdover storage costs. At the sole option and discretion of OLD MILL BOATWORKS, LLC. a holdover may be cosidered a renewal of this Agreement for the next year. In such a case, all terms and conditions of this Agreement are deemed renewed as stated herein. OLD MILL BOATWORKS, LLC. shall have no obligation to deliver or release any boat or associated equipment until payment in full is made under the terms of this Agreement.
10. Enforcement: Should OLD MILL BOATWORKS, LLC. be required to retain the service of an attorney for purposes of enforcement of any term of this Agreement or to reduce its lien to judgement or to collect any sums owed hereunder, OLD MILL BOATWORKS, LLC. shall be entitled to recover its attorneys' fees and costs reasonably incurred in shuch efford, action or proceeding.
11. Authority: The undersigned represents that he/she is the OWNER or is an authorized agent for the OWNER and executes this Agreement with full understanding of its terms and conditions.