BROWN'S POINT MARINA
RENTAL CONTRACT
PLEASE REVIEW THE CONTRACT BELOW
CONTRACT PROVISIONS
1. This contract shall be between BROWN’S POINT MARINA further referred to as “BPM” or “LESSOR” and the CUSTOMER further referred to as “CUSTOMER” or “LESSEE” and together as “THE PARTIES”. Your boat being on our property constitutes you being under contract with this contract.
2. This contract may be signed in counterparts. Payments made constitute acceptance & abidance in full of all rules in this contract.
3. The individual shall indicate his relationship to any corporation or a partnership, designate the name of the boat and complete the information for said boat as set forth in this contract. The boat owner of this contract shall allow only the named boat to occupy the assigned space.
4. This contract pertains to any services provided by BPM, customer’s boat(s), trailer(s) or any other equipment or items owned by customer being utilized on BPM’s property.
5. Marina contact information and days and hours of operation are posted in the office and on the website.
6. Only the contracted individual and boat as specified in the marina contract is allowed at the marina. This contract shall be entered into only by an individual who owns and has legal title to the vessel described herein and not a corporation or a partnership. If payments are made without this contract being signed, the marina has the right to keep payments and remove a boat from BPM’s property which payments have been made for. It is the responsibility of the customer to demand that any of customer’s associates entering onto BPM’s property abide by the conditions of this contract. Customer shall be held responsible for their associates not adhering to the terms of this contract while on BPM’s property.
7. The contract may not be sublet to a third party.
8. The type of rental, price of your contract, payment terms and your arrival and leave dates are specified in separate contract. The price per foot is based upon your actual registered boat length (for Slip customers, there is a 25 Ft to 26 Ft. minimum exception).
9. If the owner of this contract buys a new boat, Brown’s Point Marina may permit new boat to be berthed as long as the owner submits satisfactory proof of ownership to Brown’s Point Marina any additional footage paid for in full. Less footage shall not constitute a reimbursement to the customer. Upon the sale or transfer of title of any boat named in this contract, the purchaser of the boat shall not have an assignment of this contract. While customer’s boat is on the marina property, this contract will be in effect until any subsequent contract is executed.
10. Entire agreement: This agreement contains the entire understanding between the TENANT and the LANDLORD and no other representation or inducement, verbal or written, has been made which is not contained in this agreement. LANDLORD and TENANT agree that if any paragraph or provision violates the law and is unenforceable, the rest of the agreement will be valid.
OPERATIONS
11. The marina’s services are heavily reliant upon maintenance, equipment, labor and weather. The marina will not be able to operate or launch or move boats and trailers if equipment breaks down, has issues with its labor, maintenance or bad weather. The marina may at its sole discretion, shut down during business hours for any of the aforementioned issues. You may lose the use of your boat during these periods.
12. BPM reserves the right to store boats at 3rd party facilities.
13. Only the customer’s car is allowed at the marina. All marina customers must park on marina property. No offsite parking is allowed and fines will be issued for offsite parking.
14. It is the customer’s responsibility to check their slip before entering either their assigned or transient slip for any nails or other items that may cause damage to their boat. If there are nails or other items which need repair, the marina must be notified so the repair can be made. The marina is not responsible for damage caused to their boat from slips in need of repair
15. April is the month where the marina transitions from winter to summer operations. The marina is not open in April and any customers on marina property during this time are there at their own risk and must subordinate to the marina operations. Cars parked at the marina during this time may be moved at the marina’s discretion and at the customer’s expense.
16. Tenant has personally viewed, reviewed and agreed to the assigned slip location and cannot change the Slip location. Marina has the sole right to change Tenant’s slip or rack location at any time during the contract term if necessary.
17. Landlord may cancel this contract and demand that Tenant remove their vessel from the premises for infraction of the marina rules or this contract.
18. In the event Tenant fails to remove his boat and property from the space rented to Tenant at the termination of the space rental term as defined in this agreement, LANDLORD may at its sole option; (1) charge to TENANT’S account rent at transient rates for each day owed and (2) physically remove Tennant’s boat from the slip and property and (3) avail itself of the remedies provided in paragraph eighteen (18); and (3) utilize any remedy available to Landlord under this contract or the law.
19. Tenant agrees that only reasonable and customary use will be made of the docks and facilities covered hereby, and that no unnecessary wear and tear, disturbance, nuisance, rubbish or garbage will be permitted on the dock or premises, and that the Tenant will keep dock and premises covered hereby free and clear of gear, tackle and all other obstructions and further agrees to throw nothing, including treated or untreated effluent or sewage from heads or holding tanks in the harbor or basin. Other than the Landlords, no signs, dock boxes or other obstructions will be placed on the docks or pilings.
20. Water and electric may be available on the docks for slip customers and in the staging area for rack customers. Rack customers also have water and electric available in certain locations throughout the yard areas. Wires and hoses should not be stored on the dock or in any way that they will cause a hazard to persons walking on the dock.
21. The use of Harbor or Marina electrical outlets for the operation of power tools, battery chargers, welders, air conditioners, heating units, etc., are prohibited except by special permission.
22. The Landlord cannot and does not guarantee the continuity of electrical service where provided.
23. All hoses must be turned off after use. The marina reserves the right to bill customers for excessive water usage resulting from hoses left running. All water hoses must have auto-shut off nozzles.
24. Fuel is available in close proximity at Keyport Marine Basin located 500 feet directly south of the main dock. Landlord does not guarantee fuel availability. No fueling at the docks ever. Violating this constitutes a default of this contract and loss of any deposit / payments made by customer. This includes portable fuel tanks.
25. No outside mechanics are allowed at the marina. Tenants may only use specific areas and techniques when conducting their own boat maintenance and must check with marina beforehand. Tenants must dispose of hazardous material in the proper containment facilities. Use of fuel/air separators and oil absorb ion materials are required. Boats must be rinsed with clean water while in slips. Cleaning materials must be non-toxic and biodegradable and should not cause foaming in the water. Tenants are required to discuss these regulations with the marina beforehand.
26. In case of emergency or for (service requested by Tennant), as determined by LANDLORD, the LANDLORD shall be authorized to move the subject boat, if possible and practical, to a safer area to protect the boat, property or general welfare if boat is unattended and TENANT cannot be reached. However, UNDER NO CIRCUMSTANCES is LANDLORD under any obligation to provide this service. Any costs incurred by LANDLORD shall be billed at the yard rate as posted in the office. TENANT agrees to indemnify and hold harmless from any and all liability, loss or damage caused by or to the subject boat which may arise out of failure of the TENANT to move the boat, the inability of the LANDLORD to reach the TENANT, or by the movement of the boat by the LANDLORD. In general, the TENANT shall be solely responsible for any and all emergency measures.
27. Any misuse of Brown’s Point Marina facilities, property or equipment will constitute cause for the termination of this contract and the forfeiture of any fees paid and the person or persons involved will be expelled from the marina. This includes but is not limited to improperly disposing of trash, waste oil, and hazardous material, damaging of docks, piers and pilings. Unbecoming or belligerent behavior towards Marina staff or other customers or defamation of character through social media towards the marina, staff or agents will not be tolerated or breech of any other part of the above conditions shall constitute valid reason to terminate this agreement with no refunds. Recklessness and inconsiderate operation of a boat or other unbecoming behavior will be sufficient cause for eviction and cancellation of this contract. THE USE OF DRUGS OF ANY KIND or EXCESSIVE USE OF ALCOHOL is NOT allowed on the property or docks by Tennant or Tennant’s guests. No swimming will be allowed in the marina. Crabbing and fishing should be done off your own boat, not someone else’s or off the dock. Fish cleaning will not be permitted on the docks, only in designated areas or on your own BPM rented fish cleaning table. No fish carcasses thrown into the creek or onto the docks or marina property.
28. If your trailer is being stored on the marina property, it is your responsibility to mark your trailer and identify it at any time. The marina is not responsible for identifying your trailer. Customer takes full responsibility for any situation resulting from misidentification or other situation which may arise regarding their trailer. If your trailer is on the marina property for storage, it is storage and cannot be used except to be removed. If you want to use your trailer during season (take and return), it is only at the discretion of the marina and the price is quoted by the marina on a case by case basis. If you request your trailer from May 1st to October 31st, the marina will require up to 20 days to retrieve it from storage. Once your trailer leaves the property, the marina has no further responsibility for any reason. Customers not storing their boat trailers with the marina should be immediately taken off of the property and if not the customer will be in violation of this entire contract. Any trailers stored by the marina at marina rates must remain locked with owner’s name painted or marked on it while on our property. Keys need to be made available to the Marina. Brown’s Point Marina and or its agents are not responsible for any theft. Boat owners are responsible for any damage caused to their boat, trailer or injury to a guest. Additionally, damage resulting from trailers sitting for lengthy periods of time is not the responsibility of the marina and owner is fully liable for any damage thereof.
29. You are at all times responsible for the behavior of your guests and/or other members of your family. They are only permitted in the marina while you are present or are going to be shortly. They should be made aware of the rules of the marina and should be discouraged from roaming about the marina in the area of boats other than your own. All children 17 and under must be accompanied by an adult. If you are permitting someone else to operate your boat you should make this well known in advance to the marina office.
30. Upon arriving to the marina, please notify the office for arrangements. Upon closing of the summer boating season, if you are a slip customer and not winter storing with us, you must be out of your slip and or off the property by November 8th. Any “Summer Only” customers in their slip or on the property after November 8th will be charged transient rates. If Landlord is required to move your vessel because you do not vacate the marina timely, Landlord will not be responsible for any damage incurred to your vessel.
31. Tenant agrees to keep the boat fully insured with complete marine insurance, including hull coverage and indemnity and/or liability insurance. The landlord does not carry insurance covering the property of the Tenant. The Landlord will not be responsible for any injuries or property damage resulting, caused by, or growing out of the use of dock or harbor facilities. The Tenant releases and discharges the Landlord from any and all liability from loss, injury (including death), or damages to persons or property sustained while in or on the facilities of Landlord, including fire, theft, vandalism, windstorm, high or low waters, hail, rain, ice, collision or accident, or any other Act of God, whether said boat is being parked or hauled by an Agent of Landlord or not. Any damage to a customer's boat shall be cover by Customer's insurance.
32. Tenant shall provide Landlord with a set of main door or hatch and ignition keys. The boat will be entered by Landlord only for periodic inspection or for emergency service.
33. All trash to be deposited into receptacles provided. If receptacles are full please use our dumpster – no trash is to be left on grounds.
34. Traps must be confined to your slip.
35. The use of torches or open flames, inflammable or toxic removers, or any other hazardous equipment is prohibited.
36. The boat ramp is not for customer use. If you need to use the ramp, please request/notify the office. The ramp can only be used at high tide.
37. At the discretion of the marina, heavy or boats longer than 25 feet may only be able to be launched by the Wiggins Forklift which is capable of carrying heaver / bigger boats. If this machine is out of service for any reason, we will not be able to launch your boat. Customer recognizes and agrees to this.
38. Boat launching may be suspended entirely for the day or longer depending upon weather or for marina or equipment repairs.
39. IF you intend on using your boat either before or after business hours, please notify the office during business hours between 9:00 AM and 3:00 PM. The office is closed Sunday and Monday. The office number for launching is (732) 264-2940. If you intend on using your boat 2 or more days back-to-back, please notify the office.
40. The “corral” or “staging area” is for rack launching and retrieving only. Our staging area is busy so please depart upon being launched and we will re-rack your boat upon your arrival (upon arrival wash down / engine flush is permitted before removal). Loitering in the corral, as determined solely by the Marina, will not be permitted and constitute a default of this contract.
41. If you intend on using your boat back-to-back days, notify the office before 3:00 PM for the following day. Excessive launches or multiple day, back-to-back use of you boat, as determined solely by the marina, will not be permitted and constitute a default of this contract.
42. Upon returning to the staging area, please make sure to turn off your batteries, keep your drives straight and in the down position and lower any antennas and outriggers. All under water fittings and trim tabs must be located clear of the fork area of the hull. We will not be responsible for damage to any of these items caused by the lifting or placing your boat into the rack.
43. Upon boat retrieval, we do not run the engines.
44. Only marina owned dock boxes and fish cutting tables are allowed.
45. The Landlord will not be responsible for delays in hauling, launching, winter layup or commissioning, occasioned by inclement weather or any other circumstances beyond its control.
46. The marina parking areas flood during high tides, heavy rains and winds and significantly during certain tidal events. When you are parked at the marina, you do so at your own risk. Landlord is not responsible for any damage caused to your vehicle or property not only due to tidal flooding but for any reason whatsoever. If you are a charter, you are responsible for indemnifying the marina for any damage caused to your customer’s vehicle or property. Customer should check the high tides.
47. If you damage the docks, pilings, electrical, water or other part of the marina, you are responsible for the cost of the repairs. Your boat will be considered collateral for these costs.
48. If you are an annual Slip customer, we will launch your boat at the beginning of summer season once and retrieve it once for winter storage at no cost. Any additional launches, retrievals or hauling will cost at marina’s rates for such.
49. At the discretion of the marina, offsite storage for boats and trailers may be utilized.
50. Slip customers who bow their boats in are responsible to keep their bow pulpits completely clear and away from the dock so customers can have a clear walkway. Brown’s Point Marina reserves the right to cancel your contract for any infraction of this rule and you agree to indemnify Brown’s Point Marina for any damages to the marina, other customers or their property caused by an infraction or litigation resulting from injury.
51. If we are commissioned to pull your boat or need to pull your boat for emergency reasons, your trim tabs must be in the full upright position. The marina is not responsible for broken trim tabs if they are left down.
52. The customer chooses from a list of available Slips on their own (which list is provided by the Landlord) without interference of the Landlord and is responsible for deciding regarding the nuances and maneuverability of the Slip. It is not the responsibility of the Landlord if the Tenant decides that the Slip does not work for them after it is leased. Landlord does not offer a change of Slip or refund of any kind if Tenant decides they do not want the Slip post signing the contract.
53. If the customer is not using their slip for an extended period of time, the marina will have use of the slip during the vacancy. When the customer returns to the slip, the marina will vacate any temporary use of the slip. Customer to provide 4-days’ notice upon returning. There are NO REFUNDS for lost slip time.
54. Summer contract boating season is from May 1st to October 31st. Annual customers who desire to go into the water before or after this period is subject to availability and at the sole discretion of the marina.
55. Winter storage customers will not have access to their boat until April 1st of the summer season without the exclusive agreement of the marina.
56. Customers who sign up for the upcoming “Annual Season”, may continue to boat in a slip until November 30th (post season boating) but rack launching will stop on October 31st. After November 8th, parking for any post season boating will be limited and at the discretion of the marina in certain areas only. The road to and back of the property will be closed on December 1st and will not reopen until the summer season and at the discretion of the marina.
57. If you want the marina to do winter storage on your boat, we strongly suggest that your boat is out of the water and available to the marina service department by Thanksgiving. We do not guarantee we can service your boat if it is not available to us by Thanksgiving.
58. If your boat is sinking, the marina shall have sole authority to save the boat to the best of the marina’s ability without the boat owner’s consent. The marina shall have no financial or other responsibility to the boat owner or other party for boats that sink. The owner consents to the marina collecting the entire “salvage payment” from the insurance company for the salvaged boat.
59. The TENANT authorizes the LANDLORD to thoroughly survey the boat for fire hazards at hauling or prior to moving to dry storage. TENANT understands that this regulation is formulated, enforced and conducted solely for the protection of the TENANT. The promulgation and enforcement of these rules and regulations, the conducting of the survey, the failure to require or fully perform a survey with respect to other TENANT(S) will not subject LANDLORD to any duty or liability to the TENANT with respect to fire or explosion prevention or detection. In general, any survey will be solely at the discretion of the LANDLORD.
60. NO Charters are allowed without full approval of the marina. Subletting of your boat or slip is prohibited and will constitute a default of this contract. Charter parking is in specified areas only.
61. The TENANT assumes full responsibility for providing adequate covering to protect the boat from any and all perils and for the proper maintenance of such covering while the boat is on or in the premises of the LANDLORD.
62. The TENANT should remove any personal property from the boat prior to dry storage. IT IS UNDERSTOOD AND AGREED THAT LANDLORD WILL NOT BE RESPONSIBLE FOR ANY ITEMS OF PERSONAL PROPERTY LEFT IN THE BOAT.
63. In the event TENANT’S boat shall, for any reason, sink while berthed in a slip, corral or dockside or while otherwise occupying marina waters used by customers of LANDLORD, LANDLORD may, if TENANT cannot be contacted immediately and if said sunken boat constitutes a safety or water navigation hazard to other boaters, take immediate steps to raise and remove and/or repair said boat, all costs shall be at TENANT’S expense.
64. Rack spaces are assigned by the marina for marina purposes only and may be changed at any time by the marina.
65. The days and hours of operation for Onsite Launching during the season is Tuesday through Friday 8 am to 3 pm and Saturday and Sunday 7 am to 3 pm. When you arrive at the marina, let the yard staff know you want to be launched. Launches will be done in order of arrival. There is no launching on Mondays. “E.O.D. (End of Day) LAUNCHING”: If you want to use your boat before 8 am or after 3 pm Tuesday through Friday and/or before 7 am or after 3 pm Saturday and Sunday, call the office at (732) 264-2940 the prior day before 3 pm to let them know. If you call after 3 pm, you will not be launched. There is no launching on Mondays so call Sunday E.O.D. for Tuesday launches. E.O.D. NO SHOW: If you request an “E.O.D.” launch and do not use your boat either after hours or before the marina opens, you will be billed for a short haul. CORRAL PARKING: When you are launched, you must immediately depart the marina. When you return, you may have 5-10 minutes to wash down your boat and remove your belongings before being re-racked. If you need more time, we will move you to a temporary wash down stand. When you return to the corral, if the corral is open, please be courteous to other customers by docking your boat at the beginning or end of the dock and not in the middle so others have room to dock. CONSECUTIVE DAY USE: If you return to the corral and wish to use your boat next day, either put your drives up or tie a bandanna to your boat. We will either leave your boat in or take your boat out and put your boat back in as an E.O.D. depending upon how busy the corral is. RACK ACCESS: The racks are not an area to access your boat for any reason. If you want to access your boat, we will put you in a work stand. RACK CAR PARKING: Parking or driving within the rack launching area is prohibited. RACK SPACE ASSIGNMENT: Rack spaces are issued for marina purposes only. The marina may re-rack you in a different rack space each time if necessary. DRIVES, TABS, OUTRIGGERS, and ANTENNAS: When you arrive back to the marina, put your drives down and straight, trim tabs up and antennas and outriggers down. The marina is not responsible for broken or damaged tabs, props, antennas or outriggers from failure of the aforementioned.
66. You may not drive or park in the marina rack or launching areas. You may not access your boat while in the rack. If you need to access your boat in the rack, notify the marina in advance and you will be put into a work stand.
67. If you sell your boat while at the marina, Brown’s Point Marina shall receive a minimum of 10.00% fee for any gross sale price less than $100,000 and 6.00% for any sale price equal to $100,000 or greater. All invoices must be paid in full before your boat will be released to any Buyer.
68. Should you desire additional protective material around your slip, contact the marina office and we will install our approved protective molding and you will be billed. Do not attach or fasten any such material to docks, piers or pilings or you will be charged for electrical fixture or water line. Anything tied to these lines will be immediately confiscated by the marina.
69. The marina is not a suitable place for house pets. If you do bring a pet it must be kept on a leash and not permitted to run free. You will also be responsible to see that its needs are satisfied without offending anyone else.
SERVICE
70. You are paying the marina for time and materials only. Diagnostics may be billed at $95.00 to $125.00 per hour, mechanical at $140.00 per hour and emergency service at $175.00 per hour. The marina does not guarantee your boat will be repaired. You will owe the marina for the time and material costs regardless of the outcome of the job. The outcome of the job will be either (a) your boat is repaired (b) we are unsure if we can repair the boat and may take significant amount of additional expense on your part to keep paying to find out if it can be repaired (c) we cannot repair the boat. Regardless of the outcome, your time and materials must be paid immediately.
71. The original service deposit will be a minimum of 50% of the estimate and up to a maximum amount to be determined by the marina depending upon the job. The deposit will be due when the work starts. Additional deposits may be due during the job as determined by the marina.
72. Payment is due immediately upon being notified that your boat is ready for pickup whether repaired or not.
73. The service job commences when the marina is able to start the work and upon receipt of customer’s service deposit. Actual start of work and original estimate for completion depends upon availability of the marina’s mechanics, parts and unforeseen mechanical issues, which may be uncovered during the requested repair. The job could take substantially longer and cost substantially more than the estimate depending upon these circumstances. These circumstances are normal today for marine repairs and do not and will not result in untimely customer payments for the work when completed and receipt of invoice.
74. The marina does not sell slips, racks or storage spaces subject to the integrity of the customer’s boat and is not responsible for customer’s not being able to use their slip or rack space because of customer’s mechanical issues. No marina or service refunds will result from these circumstances.
75. Upon completion of the job, all service invoices are due immediately upon receipt. We do not accept partial payments. Customer may not have the use of their boat until all invoices are current. Unpaid invoices constitute a valid lien on customer’s boat. Invoices unpaid after 15 days will carry an 18.00% late charge. If the marina is required to store the customer’s boat because of unpaid invoices, storage and haul out fees will apply. Customer may not take their boat off the marina property until all invoices are paid in full.
76. If you want to take or use your boat prior to final billing and invoicing being complete, we will estimate your bill and payment for the estimated bill can be paid. Upon final billing, any underpayment shall be immediately due or any overpayment will be immediately paid back to you.
77. Slip customers having work done to their boat in the slip, full payment is due before the work starts.
78. WAIVER OF RIGHT TO LITIGATE. Each Party hereby waives any and all rights to, and hereby covenants not to, bring any lawsuit, arbitration or other proceeding in any jurisdiction, judicial body or forum arising under or relating to this Agreement or its subject matter (other than an arbitration proceeding described above or a legal proceeding solely to enforce the award or judgment of such arbitration proceeding).
PAYMENTS
79. This contract shall remain in effect so long as the customer’s boat, trailer or other equipment remains in BPM’s possession regardless if any of the above is being stored offsite at a third-party facility on behalf of BPM. If any of the aforementioned is removed from BPM’s property, any payments owed to BPM shall still be due and owing. Payments are owed by season so any slip, rack, storage or other service provided by BPM shall be owed for each season or for service which is due immediately upon completion of the work. As an example, if the customer leaves their property on BPM’s property without signing a contract or paying for the new season, the payments are still owed for any season the customer’s property remains on BPM’s property.
80. Failure to timely pay the deposit or other installments may result in loss of SLIP/rack space for the season with NO REFUNDS. You will not have access to your SLIP/rack until the final April payment is made. Payments not received within 30 days of the due dates will result in late fees of 18% annually. Tenant/customer acknowledges that they have read and understands this Agreement and agrees to be bound by its terms and conditions.
81. All rental payments must be made when due. Any payments not paid on time may result in your boat being significantly delayed for launch or service. All payments must be current to be launched to the water or released from the marina.
82. Payments for the ad-ons (dock boxes, fish tables, rod holders and other marina sales/rentals) are due up front in full and upon signing.
83. You must pay all outstanding invoices upon receipt or you will not have the use of your slip or be launched for rack service. If any invoices go unpaid over 30 days in accordance with the law, your vessel can be considered abandoned and the Landlord has the right to keep your boat and engine(s) as collateral and transfer the title of your boat to the Landlord and sell it with all revenues going to the Landlord to until all outstanding fees are paid. Failure to timely pay the deposit or other installments may result in loss of slip/rack space for the season with NO REFUNDS. Payments not received within 15 days of the due dates will result in late fees of 18% annually. All payments must be current before having any access to your boat or taking your boat from the property. TENANT AGREES THAT IN THE EVENT SUIT IS BROUGHT IN BEHALF OF THE LANDLORD AGAINST TENANT TO COLLECT ANY AMOUNTS DUE OR TO BECOME DUE HERE UNDER, OR TO ENFORCE ANY APPROPRIATE MARITIME OR OTHER LIENS, THE TENANT SHALL PAY THE LANDLORD’S REASONABLE ATTORNEY FEES FOR SUCH SUIT OR COLLECTION PLUS COSTS, AS PROVIDED BY LAW. The boat owner hereby agrees that all charges accruing under the terms of this contract shall constitute a valid lien on his/her boat and equipment registered herein and that Brown’s Point Marina may retain possession of said boat and equipment until all charges are fully paid. The boat owner hereby waives any right to damages or legal action as a result of Brown’s Point Marina’s right to take action noted this contract. After demand for and nonpayment thereof Brown’s Point Marina may upon fourteen (14) days’ notice to the owner, proceed with such action as may be necessary to enforce the payment of all charges due. Any reasonable legal fees or other costs incurred by Brown’s Point Marina in the enforcement of this agreement shall be responsibility of the boat owner. Payments more than thirty (30) days delinquent shall be considered as abandonment of customer’s boat. Abandoned boats may be removed from the marina at the marina’s sole and absolute discretion or sold.
84. There are NO refunds for any reason.
85. Invoices will be rounded up to the nearest dollar.
86. There is no relationship between the customer’s broken boat and payments owed for their slip, rack or storage. You must be current on all invoices at all times. The marina does not take responsibility for the customer not being able to use their boat because it is broken at any time or for any reason.
87. There is no relationship between the value of your boat and the cost of the service. For older boats, the cost of your service work may be significantly more expensive than the entire boat. This is a not a reason to not pay your bill.
88. If the Tennant has any outstanding invoices, their boat will be held as collateral by Brown’s Point Marina until all outstanding invoices have been paid in full. The Tennant shall NOT BE ALLOWED TO REMOVE THEIR BOAT from the Marina property until all outstanding invoices have been paid. If Tennant in violation of this contract removes their boat for purposes of avoiding paying outstanding unpaid invoices, the marina shall have the right to take possession of the boat no matter where the boat is located and hold the boat as collateral for unpaid invoices. If the invoices continue to accrue for over 30 days, the marina shall obtain title to Tenant’s boats and sell it the pay the outstanding invoices.
There will be NO REFUNDS for any reason PERIOD