Slip Rental Contract

[Latitude Improvement]

I'm looking over the contract for a slip rental before I sign it and found some disturbing things:
Operator can terminate w/o cause or notice and remove my vessel and assume no liability
I agree to hold them completely harmless for damages to me, my vessel or guests even if they are grossly negligent
I can perform no repairs at the marina
If they send me a letter terminating the lease my property is considered abandoned 10 days later if I haven't removed it.
They can add or change regulations as they see fit and I have to agree to them as if they were in the original contract
I have to leave the marina in the event of a hurricane watch.

These seem to me to be just alittle ridiculous if not illegal, any advice on how to proceed?
Slips are at a premium here, so finding another marina isn't that easy an option.

[SeaJay]

I am not on anybody's side, but none of those contract terms are illegal. If slip space is at a premium you may not have a whole lot of choice if you want to keep your boat in the water.

Best of luck though in finding something less onerous.

[tightwads]

I wouldn't sign that contract... not exactly the way it's written anyway. Try amending it to make it slightly more reasonable... see if they dispute your amendments.

1) They can terminate without cause, but must provide registered written notification to you at least 48 hrs prior to touching your vessel.

2) If they are negligent, I'd expect them to assume liability for their negligence... don't sign that or it means that YOUR insurance will be your only coverage even if they cause damage to your vessel.... maybe you should discuss this with your insurance agent?

3) You will perform no repairs that risk damaging anyone elses property, sinking your vessel, or inconvenience anyone else?

4) 10 "WORKING DAYS" after you receive registered written notice of termination.

5) You have to agree to contract changes only after receiving registered written notice of any changes, without any dispute by you within 48 hours...

Dunno about the hurricane watch clause... maybe you agree to hold them harmless for any damage to your vessel due to storms/hurricanes?

Luis

[Tog Man]

That*sounds like a*one sided deal they have going on there.**The supply & demand issue there seems to have you backed against a wall though.* Is it all legal, I'm not so sure however it*seems to me that if they are making a prophet they may be*open to all sorts of liabilities?**What are the chances of finding a private slip for rent if that is even an option for you?



* Another thing to think about is that if they are not liable for damages "even if they are grossly negligent", they should require all boaters carry a hefty minimum liability policy.* If not, I'd be real worried not only about marina staff but other boaters as well.**I think just about every marina contract I've ever signed had*a clause restricting repairs.* I have always done my own maint & simple repairs in my slip, leaving anything major to the local boat yard.* Good luck Cap! *****



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[Drifter]

Latitude Improvement - 3/14/2005 3:10 PM

I have to leave the marina in the event of a hurricane watch.

I've learned that the requirement to remove your boat during a hurricane watch is common, whether you buy or rent the slip. Area marinas offer a hurricane pullout service, but most (or all) are booked with as many boats as they can handle. If you are fortunate enough to get on a marina's hurricane pullout list, a contract must be signed and money paid up front (~$15 per foot of boat length). And this money apparently doesn't cover the actual pulling of the boat; it just covers being on the list. In my area, it's another ~$450 per pullout, and we easily see 2 to 4 hurricane watches annually. If someone has to bring your boat in for the hurricane pullout in your absence, it's ~$70 per hour to hire a captain. (Of course, if you have a boat trailer and live nearby, this isn't such an issue...)

And yes, it seems common for marinas / yacht clubs / etc to remove themselves from any and all liability. And change the rules whenever they please.

As much as I would like a wet slip, it seems to be such a racket that I may stick with dry storage...

[PERRY-DISE]

They cannot ask you to leave during Hurricane watch. Its against the law. See the post under Perry's Pro Bono.

[Latitude Improvement]

Thanks Perry, that's what I thought. I called them and they suggested I fax a suggested addendum to the contract so we can hopefully come to terms. We'll see how that goes.

[Drifter]

PERRY-DISE - 3/14/2005 5:44 PM

They cannot ask you to leave during Hurricane watch. Its against the law. See the post under Perry's Pro Bono.

Perry- Thanks for the input, but it seems that the marinas / yacht clubs want to hold the boat owner responsible for any damages caused by the boat. If the marina asks you to leave due to an approaching hurricane, and you don't, and the boat crashes down off a lift on to the dock, can the boat owner be held liable for monetary damages ( to repair the dock)...?