SAIL NEWPORT BOAT STORAGE AGREEMENT & WAIVER – Land Storage 2009-10.....BY SUBMITTING THIS FORM, I AGREE TO THE FOLLOWING INFORMATION

 

1.       STORAGE RATES: Sail Newport (hereafter referred to as “SN”), will make available an area for storage of my vessel. I agree to pay SN for the use of the storage space and all incidental charges, including but not limited to hauling and mast removal. All charges will be paid at the time this contract is executed.

2.       TERM: All privileges under this contract expire on May 1, 2010. I hereby grant SN a special Power of Attorney for the limited purpose of removing and relocating all vessels, cradles, and other property left in the area beyond the termination date of this contract, at my sole risk and expense. SN reserves the right to relocate boats at SN’s discretion.

a.      Holding Over After Expiration of Term: If I fail to remove the vessel by the expiration of the term, I understand that I will thereafter be charged at the posted daily transient rate for the vessel. A Minimum of $25 per day will be charged for any vessel or trailer left in the Sail Newport Facility after the termination date of this contract.

BEWARE: THE VESSEL AND ITS CONTENTS MAY BE SOLD AT PUBLIC AUCTION FOR FAILURE TO PAY STORAGE.

3.       INDEMNITY: I agree to indemnify SN against all claims, actions, proceedings, damages and liabilities, including attorney’s fees, arising from or connected with my possession and use of the storage space, including expenses incurred in the removal from the premises of my vessel or other property.

4.       WARRANTY: SN makes no representation regarding the condition or safety of any storage facility. I agree to hold harmless, protect and indemnify SN from and against any and all loss, costs, damage, claims, suits, action at law and judgment, including attorney’s fees, which may arise out of any injury to or death of person, damage or loss of property, whether caused by acts of God, fire, windstorm, explosion, flood, burglary, theft, or otherwise.

5.       INSURANCE: I agree to maintain liability and owner’s hull insurance on my boat during the storage period. Storage is accepted at my sole risk.

6.       HOIST USE: I agree to supply my own lifting strap / bridle and understand that use of the Sail Newport Hoist Facilities is at my own risk.

7.       MAINTENANCE: I will keep the storage area clean and litter free. Nothing will be stored therein without prior written permission from SN. I understand and accept that damages will be assessed against me for any damages to the storage areas, including but not limited to damages to the storage area from my working on my vessel without a ground cover. No employment of outside commercial labor will be permitted by SN, save the work done under warranty, without first notifying and providing SN with an adequate certificate of insurance and prior approval.

8.       SALE OF VESSEL: The posting of “For Sale” signs is prohibited.

9.       RULES AND REGULATIONS: SN reserves the right to amend the terms and conditions of this agreement from time to time, and to make or change reasonable rules and regulations for the operation of the storage area; however, the stated charge shall not be changed during the term of this agreement. I agree to abide by the following and any additional rules and regulations of SN.

a.       Storage: Vessels not stored on the racks are required to be stored on either a trailer or dolly to facilitate moving the vessel by Sail Newport staff, if required. Trailers and dollies shall be in good condition and clearly marked with the vessel owner’s name. Everything shall be removed from the premises no later then May 1, 2010.

b.       Stickers: Storage sticker must be affixed to vessel/trailer by staff member upon arrival for storage. Any boats without an up-to-date sticker will be removed at my expense.

c.       Hazardous Activities: There shall be no burning, lighting of stoves, running of engines, use of electric or oil heaters or any flammable material used in the SN storage area(s). There shall not be any powerwashing or sanding of bottom paint in Sail Newport Storage areas. All electrical cords must be disconnected when unsupervised.

d.       Halyards: All halyards must be tied away from the mast at all times.

e.       Waste Oil: I accept responsibility for all oil discharges related to my vessel. Waste oil may not be discarded into SN provided dumpsters, or anywhere within the Ft. Adams State Park Property.

f.        Parking: Parking is prohibited in the dry sail areas. Parking is available in the designated parking areas only.

g.       Launching Ramp Use: The ramp and entrance is to be used for launching and retrieval of vessels. Do not rig, derig or park in this area.

h.       Dock Use: Docks are provided for temporary use only. Docks have time limits attached by written notice.

i.         All Outside Commercial Labor: Must register upon entering and leaving SN premises and present a certificate of insurance satisfactory to SN prior to the starting of any work. They must also conduct their activities in a safe and clean fashion, leaving SN premises in the same condition as when they arrived. The Boat Owner shall be responsible for all actions or negligence of all outside labor in accordance with item #7 and the Statutory and Common Law of the State of Rhode Island. The SN Manager has FINAL determination on whether to permit commercial labor, and to impose reasonable regulations.

10.   COLLECTION: Boat Owner agrees that in the event that any amount due SN is referred to an attorney for collection, he will pay, in addition to interest thereon (at 1.5% per month), and all collection charges including reasonable attorney’s fees.