Please submit this form as completely as possible and we will reply to schedule your spring commissioning

Terms and Conditions: 1.      Work Authorization: Owner expressly authorizes Diamond Point Marine, LLC (“DPM”) to perform the services outlined in the submitted request. Owner further authorizes DPM to operate the Vessel or any part of the Vessel for purposes of diagnostic or performance testing, at Owner’s sole expense. This is not an invoice. Final work order total will depend on services performed and will be delivered via invoice upon completion of work. All additional service work will be approved by owner before commencing. However, if recommendation is made and owner does not respond within 48 hours, work will be completed to Service Technicians recommendations. 2.     Insurance: I acknowledge that I am to maintain insurance coverage while the boat is stored with DPM. DPM is to be named as additional insured on my coverage and I have vessel liability coverageof a minimum of $500,000. 3.     Payment: Payment for labor, materials, storage, dockage, and any other fee (collectively “Fees”) is due upon receipt of a DPM invoice unless other terms are expressly provided in writing. Any balance not paid within 30 days or within the terms of the invoice will be assessed a late fee of 1.5% per month. Should the Vessel remain on DPM property for twenty-four (24) consecutive months without payment or contact from the Owner, the Vessel shall be considered abandoned and Owner agrees to reimburse DPM for all fees incurred in the disposal of the Vessel. 4.    OWNER EXPRESSLY GRANTS DPM THE RIGHT TO REFUSE TO LAUNCH OR OTHERWISE RELEASE THE VESSEL TO OWNER OR ANY OTHER THIRD PARTY UNTIL ALL FEES ARE PAID IN FULL, INCLUDING FEES GENERATED PURSUANT TO PARAGRAPH 7. ANY LAUNCH OR RELEASE OF THE VESSEL, WITHOUT PAYMENT IN FULL OF ALL FEES SHALL NOT BE DEEMED A WAIVER OF ANY RIGHT OF DPM TO COLLECT FEES UNDER THIS AGREEMENT OR ANY OTHER STATE OR FEDERAL LAW 5.     Third-Party Contractors: Before any work on the Vessel may be performed by Owner or any third party engaged by Owner, such work and the party performing such work must be approved in writing by DPM. Any acquiescence on the part of DPM to work performed by Owner or a third party shall not be construed as an approval of any other work performed by the Owner or a third party. Owner expressly grants DPM the right to restrict any third party engaged by Owner from access to the Vessel in the event the contractor or agent is performing work on the Vessel not expressly authorized by DPM. 6.     Emergencies: Severe weather may require DPM to move or temporarily relocate the Vessel. Should DPM determine that it is necessary to move or relocate the Vessel, Owner authorizes DPM to do so at Owner’s sole expense. Owner further authorizes DPM to take any and all actions necessary to secure the Vessel or any part of the Vessel in the event the Vessel becomes a hazard to itself or to other persons or property; however, nothing in this agreement shall establish DPM’s obligation to do so and Owner acknowledges that while the Vessel is stored in the water, Owner is at all times responsible for securing the Vessel and all parts of the Vessel including during times of severe weather. 7.     Bailment and Risk of Loss: Owner acknowledges that DPM is not responsible for any damage to the Vessel including, but not limited to, vandalism, theft, fire, flood, explosion, hurricane, lightning, windstorm, earthquake, subsistence of soil, failure or destruction of supporting property or materials, discontinuance of power, governmental interference, civil unrest, war, work stoppages, or labor shortages. The risk of loss of the Vessel shall at all times remain with the Owner and Owner agrees to carry insurance to cover all hazards and in an amount satisfactory to DPM. Owner shall provide DPM with written proof of said insurance upon request in a form satisfactory to DPM. Owner acknowledges that nothing in this agreement or in any dealings between the parties to this Agreement constitutes or establishes a bailment and that at all times, Owner shall have access to the Vessel consistent with the provisions in Paragraph 3 and provided Owner provides DPM with reasonable notice should the Vessel be stored inside or off site. 8.     Indemnity: Owner agrees to abide by all applicable local, state, and federal laws and regulation with respect to any work performed by Owner or the Owner’s agents or contractors. Said laws include but are not limited to environmental regulations controlling the use and disposal of hazardous chemicals, regulations controlling the safety of Owner’s own workers, agents, and/or contractors, and any other permits or certificates to operate or perform work on the Vessel. Owner agrees to, to the maximum extent permitted by law, indemnify, hold harmless, and defend DPM from and against any and all injuries, losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, suffered or incurred by DPM or its employees, that result from, arise out of or are related to Owner’s, or Owner’s guests’ or agents’, failure to abide by applicable local, state, and federal laws and regulations or Owner’s, or Owner’s guests’ or agents’, failure to obtain any necessary permits or certificates, or otherwise abide by this agreement. 9.   Savings Clause: If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 11.    Governing Law: This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflictof law provision or rule (whether the State of New York or any other jurisdiction). It is the intent of the parties to perform this Agreement in Warren County, New York, and the parties agree that any action in law of equity relating to this Agreement shall be brought in New York 4th Judicial District, Warren County. In the event jurisdiction is not found in New York State Courts, the parties agree that the action shall be brought in the United States District Court for the Northern District of New York. 12.   Amendments and Modification; Waiver: This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 13.  Disclaimer of All Warranties: PURSUANT TO ANY FEDERAL AND STATE LAW, OWNER ACKNOWLEDGES THAT DPM MAKES NO WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO ANY PRODUCT OR SERVICES ENCOMPASSED WITHIN THIS