Turnkey Yacht Services d/b/a ‘Annapolis Harbor Boat Yard,’ hereinafter ‘AHBY’) is willing to give said Owner a license to use space upon certain terms and conditions and to evidence the same, it is mutually agreed as follows:
1. That this is a license for the use of ground space and is not a bailment agreement.
2. That the Owner will:
a. Remove all accessories and equipment and other personal property not permanently affixed to the boat and store off premises. For Winter and Hurricane Season, Owner shall strip the vessel of all sails, dodgers, biminis and canopies. Mainsails and mizzens should be removed or secured with heavy rope.
b. Insure the vessel for casualty and liability.
c. Maintain the vessel in a safe condition so as not to cause damage to AHBY.
d. Permit no one to work on the vessel except AHBY, the immediate owner, his immediate family or paid crew without the express written consent of AHBY management.
e. Not store combustibles in or around the vessel.
f. Keep the area assigned to the vessel clean and free of debris. Owner is to exercise caution so as to not damage the facilities of AHBY or other vessels stored nearby.
g. Pay the charges for the storage and utilities provided herein. Click here for current storage rates.
3. The charges for the storage are payable by Owner on the first of each month together with the charges for utilities. If AHBY has not received payment by the 4th day of the month, your credit card will be charged. If the card declines a late fee of $25.00 will apply. Interest will be included at 30 days past due and will be calculated as 1.5%/month or 18%/year. In the event AHBY deems it necessary to retain counsel and/or a collection agency to resolve unpaid invoices, Owner agrees to pay reasonable costs of collection including attorney fees and/or court costs. ALL CHARGES MUST BE PAID IN FULL BEFORE VESSEL WILL BE LAUNCHED OR RETURNED TO OWNER.
4. All bottom preparing, sanding, stripping, painting, fiberglass work, carpentry work, electrical work and shrink wrapping In Yard must be performed by AHBY. All bottom painting In Yard must be performed by AHBY. No owner, independent contractors, brokers, service organizations or outside individuals will be allowed to perform these duties at AHBY without the express written consent of AHBY management.
5. No independent contractors, brokers, service organizations or outside individuals will be allowed to perform work, or to enter upon the floats, yards, or buildings of AHBY for any commercial purpose who have not first obtained written permission from AHBY. Torches or open flames to be used only by AHBY employees. The owner agrees to hold harmless and indemnify AHBY against any/all losses resulting from violation from this provision. Note: Boat owners are not to hire any outside contractors to work on any boat in our yards, floats or buildings, unless previously approved by AHBY and the contractor first files a current certificate of insurance for worker’s compensation and liability with AHBY named as the insured.
6. It is expressly understood and agreed that in the event the boat, its contents and/or equipment are lost or damaged through theft, fire, vandalism or act of God, AHBY shall not be liable to the owner for such loss or damage, unless such loss or damage results from the direct, active and gross negligence of the AHBY, its agents or employees.
7. Owner agrees to indemnify, exonerate, and hold harmless AHBY against loss, damage, liability,