2019 WINTERIZATION/STORAGE TERMS AND CONDITIONS
1. Customer requests, and Knotty Oar Marina agrees to provide the services listed above at the rates shown, subject to the terms of this agreement.
2. As nearly as possible in keeping with its boat handling capacity and as weather and other uncontrollable conditions permit, Knotty Oar Marina shall remove boat from the water as early as Requested Winterization Date on the online form and no later than October 20th (October 1st for I/O), and shall provide storage until such time the following Spring as Knotty Oar Marina, in its sole discretion, determines that spring weather conditions and other uncontrollable conditions permit (“Spring Pullout”). It is anticipated this will be no later than the following May 15. On the Spring Pullout date, the boat will be removed from storage and made available for customer pickup. If Customer requests a Fall Storage Date later than the dates listed above, Customer assumes all responsibility for damage to motor, or any other damage occurring from freezing conditions.
3. Prior to Fall Storage Date, Customer agrees to provide any information necessary for Knotty Oar Marina to safely remove the boat from water without damage. This includes notifying Knotty Oar Marina of any special underwater fittings, hull configurations, or fittings or instruments above or below deck of a special or unusual nature.
4. By the Fall Storage Date, Customer agrees to have boat fully ready for winterization and/or storage. This includes: a. Leaving all keys (main door, hatch, ignition) with Knotty Oar Marina b. Batteries fully charged and aboard boat c. Sufficient tie lines and/or trailer tie down with boat d. All flammable liquids and/or other dangerous materials removed from boat e. All personal property, accessory articles, and/or equipment of value removed from boat f. All porta-potties emptied g. Remove all food and trash h. Fresh-water system drained and prepared for winter storage (this is not included with this Winterization and Storage Agreement and must be completed by customer prior to storage, unless customer has contracted with Knotty Oar Marina separately for this service.). CUSTOMER AGREES THAT ADDITIONAL FEES MAY BE ASSESSED BY KNOTTY OAR MARINA IF KEYS AND BATTERIES AND ROPES ARE NOT ABOARD THE BOAT, OR IF ANY OF THE OTHER ITEMS LISTED IN PARAGRAPH 4 IS NOT COMPLETED BY CUSTOMER PRIOR TO THE DATE LISTED. IT IS UNDERSTOOD AND AGREED THAT KNOTTY OAR MARINA SHALL BEAR NO LIABILITY TO CUSTOMER FOR ANY ITEMS OF PERSONAL PROPERTY, ACCESSORY ARTICLES, AND/OR EQUIPMENT LEFT IN CUSTOMER’S BOAT, OR OTHERWISE.
5. Once the boat has been moved to the storage facility, no further access to the boat will be granted and any items left in the boat will remain until Spring Pullout. Customers are NOT allowed access to storage facilities. No boat will be pulled from storage until Spring Pullout of the following year. No winter pullouts.
6. IN CASE OF EMERGENCY, as determined by Knotty Oar Marina, Customer hereby authorizes Knotty Oar Marina to move Customer’s boat or take such other actions as Knotty Oar Marina reasonably deems appropriate to protect Customer’s boat, property or general welfare, provided, however, that, UNDER NO CIRCUMSTANCES shall Knotty Oar Marina be under any obligation to provide this service. Any costs incurred by Knotty Oar Marina shall be billed at the labor rate or as otherwise posted on Knotty Oar Marina’s premises at the time. Customer agrees to indemnify and hold harmless Knotty Oar Marina from any and all liability, loss or damage directly or indirectly caused by or to Customer’s boat or personal property which may arise out of the failure of Customer to move boat, the inability of Knotty Oar Marina to reach Customer, or movement of Customer’s boat or personal property by Knotty Oar Marina.
7. CUSTOMER HEREBY RELEASES AND AGREES TO HOLD KNOTTY OAR MARINA HARMLESS FOR OR FROM HAVING ANY LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE, PERSONAL INJURY OR LOSS OF LIFE OR PROPERTY WITHIN THE CONTROL OF KNOTTY OAR MARINA, ITS EMPLOYEES OR AGENTS IN CONNECTION WITH THE COMPANY’S PREMISES OR USE OF ITS STORAGE SPACE, THE CUSTOMER’S VESSEL, MOTOR, ACCESSORIES, INCLUDING FENDERS, TOOLS, CONTENTS, AND ASSOCIATED EQUIPMENT, OR ANY LOSS DUE TO FIRE, THEFT, VANDALISM, COLLISION, VERMIN, MARINA EQUIPMENT FAILURE, ISSUES OR DAMAGE RELATED TO TRAILER TIRES AND/OR BEARINGS, WINDSTORM, RAIN, TORNADO OR ANY OTHER CASUALTY LOSS. CUSTOMER AGREES TO COVER THE AFORESAID RISKS BY APPROPRIATE INSURANCE WITHOUT SUBROGATION AGAINST KNOTTY OAR MARINA. KNOTTY OAR MARINA DOES NOT ASSUME ANY RESPONSIBILITY FOR THE CUSTOMER’S BOAT, AUTOMOBILE, TRUCK, TRAILER, OR ANY OTHER PROPERTY LEFT IN THE POSSESSION OF KNOTTY OAR MARINA OR LEFT ON KNOTTY OAR MARINA PROPERTY.
8. Customer assumes full responsibility for providing adequate Insurance coverage to protect Customer’s boat (and other property) from any and all perils, including (without limitation) inclement weather and all perils listed in Paragraph 7, and for the proper maintenance of such covering while Customer’s boat is on Knotty Oar Marina’s premises accessible within these terms. Customer acknowledges that it carries the following insurance policy covering all perils listed in Paragraph 7, without subrogation against Knotty Oar Marina: (Insurance Policy Info is on the online form)
9. Customer shall forever defend, indemnify and hold harmless Knotty Oar Marina from and against any and all claims, demands, causes of action, liabilities, damages, costs (including court costs and attorneys’ fees) in connection with, related to, or otherwise arising out of any action or omission by Customer (including Customer’s guests, invitees, agents, employees, contractors, or subcontractors) in any way related to Customer’s boat and/or use of Knotty Oar’s boat storage facility. It is expressly understood and agreed that Customer’s obligations to defend, hold harmless and indemnify Knotty Oar Marina hereunder shall apply notwithstanding any allegation or finding of any negligence or misconduct on the part of Knotty Oar Marina or any third party.
10. Location of the boat in storage area and/or marina facility will be at the discretion of Knotty Oar Marina management. Heated storage is NOT available. Special pullout times CANNOT be requested. Boats are pulled from storage in the reverse order in which they were stored, in keeping with Knotty Oar Marina’s boat handling capacity and as weather and other uncontrollable conditions permit.
11. Winter storage must be paid in full upon receipt of invoice. If winterizing only, fee must be paid in full when Customer picks up boat.
12. Customer will be notified when boat is pulled out in the spring. All boats must be picked up within 48 hours. Knotty Oar Marina is not responsible for damage or theft of boats left in marina parking lot or marina waters after notification to Customer. Boats, watercraft and trailers not picked up by customer by May 20 (UNLESS PRIOR ARRANGEMENTS ARE MADE) shall be charged additional storage fees at the rate of $20.00 per day until picked up.
13. Knotty Oar Marina reserves the right to verify the length of any watercraft. Watercraft length will be billed from bow to stern, actual manufactured length. Knotty Oar Marina also reserves the right to refuse any boat for storage and/or winterizing for any reason and without explanation.
14. CUSTOMER SPECIFICALLY GRANTS TO KNOTTY OAR MARINA A SECURITY INTEREST IN CUSTOMER’S BOAT (INCLUDING APPURTENANCES THERETO), BOAT LIFT (IF APPLICABLE), AND MOTOR (THE “LIEN”) TO SECURE TIMELY PAYMENT OF ALL CHARGES OR OTHER AMOUNTS DUE OR TO BECOME DUE TO KNOTTY OAR MARINA FOR SPACE RENTAL, WHARFAGE, ANCHORAGE, WINTER STORAGE AND WAREHOUSING, REPAIRS, GAS, OIL, HARDWARE, ACCESSORIES, CLAIMS OR ANY OTHER SERVICES OR MATERIALS, WHETHER PROVIDED BY KNOTTY OAR MARINA OR ARISING UNDER THIS AGREEMENT, ANY CREDIT OR ACCOUNT PROVIDED BY KNOTTY OAR MARINA TO CUSTOMER, OR OTHERWISE. IN ADDITION, CUSTOMER HEREBY GRANTS KNOTTY OAR MARINA THE RIGHT AND POWER TO SIGN AND FILE A FINANCING STATEMENT PERFECTING KNOTTY OAR MARINA’s LIEN ON CUSTOMER’S BEHALF AS THE CUSTOMER’S ATTORNEY-IN-FACT, WHICH RIGHT SHALL BE COUPLED WITH AN INTEREST AND BE NON-REVOCABLE. It is expressly agreed and acknowledged that Knotty Oar Marina shall have all remedies available to a secured creditor under applicable law, in addition to any remedies provided herein, in the enforcement of this Agreement and the Lien, including (but not limited to) the right to take possession and control of Customer’s property subject to the Lien (including, but not limited to, Customer’s boat, trailer and personal property), and to store and/or secure such property in any location or manner as reasonably determined by Knotty Oar Marina.
15. This Agreement, together with the rules and policies posted by Knotty Oar Marina from time to time, contains the entire understanding between the parties with respect to the subject matter hereof, and no other representation or inducement, verbal or written, has been made which is not contained in this Agreement or the Knotty Oar Marina’s posted policies. There are no verbal agreements that change this Agreement and no waiver or modification or amendment of any part of this Agreement will be effective unless such a waiver, modification or amendment is in writing executed by the parties.
16. Customer may not assign, sublease, transfer the rights granted under this Agreement, without the prior written consent of the Knotty Oar Marina, which consent may be withheld in Knotty Oar Marina’s sole discretion.
17. If, for any reason, any term or provision of this Agreement shall be declared void and unenforceable in any arbitration or by any court of law or equity it shall affect only such particular term or provision of this Agreement, and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties.
18. Any notice required or permitted to be given by any party hereunder is given in accordance with this Agreement if it is mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, to the appropriate party, at such address set forth herein, or otherwise on file with or last known to the noticing party. Except as otherwise provided in this Agreement, notices shall be deemed effective on the earlier of the date of receipt or three (3) business days following the date of deposit as aforesaid. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change.
19. A waiver by Knotty Oar Marina of any condition or the breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. Knotty Oar Marina, in its sole discretion, may waive any right conferred by this Agreement, provided that such waiver shall be made only by giving written notice specifically describing the right waived and signed by the Knotty Oar Marina.
20. This Agreement has been made under the laws of the State of Minnesota and such laws will control its interpretation. The state courts located in Scott County, Minnesota shall have exclusive jurisdiction to adjudicate any disputes between the parties arising out of or relating to this Agreement.
21. IN THE EVENT THAT ANY SUIT OR OTHER ACTION IS BROUGHT BY KNOTTY OAR MARINA TO COLLECT ANY AMOUNTS DUE OR TO BECOME DUE HEREUNDER, OR TO ENFORCE THIS AGREEMENT AND/OR ANY APPROPRIATE MARITIME OR OTHER LIENS, CUSTOMER SHALL PAY KNOTTY OAR MARINA’S REASONABLE ATTORNEY FEES AND COURT COSTS FOR SUCH SUIT OR ACTION, INCLUDING ALL APPEALS (IF ANY).
22. As used herein, all pronouns shall include the masculine, feminine, neuter, singular and plural thereof wherever the context and facts require such construction.
23. This Agreement may be executed in one or more counterparts, each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute one and the same instrument. A facsimile or electronic, scanned signature of any party will be binding on that party.
I hereby agree to abide by the Knotty Oar Marina’s Storage Agreement. I agree to have Knotty Oar Marina winterize and/or store my
watercraft/trailer for the fee described above. I also hereby authorize Knotty Oar Marina and its employees to operate the unit described
herein on any waterway for the sole purpose of testing, inspection, and repair thereto. It is also fully understood that payment of storage fees
are due immediately upon receipt of invoice. I also certify that my insurance shall remain in full force and effect during the storage period.