TERMS AND CONDITIONS
Thanks for using our products and services (“Services”). The Services are provided by Yachting Solutions LLC (“Yachting Solutions”) or (“YS”), located at 229 Commercial St, Rockport, ME, 04856 United States.
By using our Services, you are agreeing to these terms of service. Please read them carefully.
WEBSITE TERMS AND CONDITIONS
Yachting Solutions LLC. (www.yachtingsolutions.com) owns and operate this Website. This document governs your relationship with www.yachtingsolutions.com. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam” or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.yachtingsolutions.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE, AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.yachtingsolutions.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.yachtingsolutions.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.yachtingsolutions.com, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.yachtingsolutions.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.yachtingsolutions.com or may in some cases be a third party. Where a contract is made with a third party www.yachtingsolutions.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(A) OUR CONTRACT
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
(B) PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.
Upon receiving your order we carry out a standard authorization. Check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall betreated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.yachtingsolutions.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.yachtingsolutions.com liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the homepage. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.yachtingsolutions.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.yachtingsolutions.com
You agree to indemnify, defend and hold harmless www.yachtingsolutions.com its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
www.yachtingsolutions.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. [email protected]
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.yachtingsolutions.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.yachtingsolutions.com.
USING OUR SERVICES
You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
HOW WE USE PERSONAL INFORMATION THAT WE COLLECT ONLINE
We may use your personal information within Yachting Solutions, LLC: (1) to provide you with the services and products you request (2) to answer questions about our services; billing, payment methods or use of our website; (3) to process or collect payments for our services, (4) to conduct customer surveys; and (5) to contact you about the products and services that we offer.
DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
We will not disclose any personal information to any third party (excluding our contractors to whom we may provide such information for the limited purpose of providing services to us and who are obligated to keep the information confidential), unless (1) you have authorized us to do so; (2) we are legally required to do so, for example, in response to a subpoena, court order or other legal process and/or, (3) it is necessary to protect our property rights related to this website. We also may share aggregate, non-personal information about website usage with unaffiliated third parties. This aggregate information does not contain any personal information about our users.
HOW WE PROTECT INFORMATION ONLINE
We exercise great care to protect your personal information. This includes, among other things, using industry standard techniques such as firewalls, encryption, and intrusion detection. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or receive from us. This is especially true for information you transmit to us via email since we have no way of protecting that information until it reaches us since email does not have the security features that are built into our websites.
In addition, we limit Yachting Solutions, LLC’s employees and contractors’ access to personal information. Only those employees and contractors with a business reason to know have access to this information. We educate our employees about the importance of maintaining confidentiality of customer information.
We review our security arrangements from time to time as we deem appropriate.
LINKS TO OTHER SITES
We want to provide site visitors valuable information, services, and products. Featured programs and other site content within the Yachting Solutions, LLC site may link our users to third party sites. Yachting Solutions, LLC does not control and is not responsible for practices of any third-party websites.
HOW CAN YOU HELP PROTECT YOUR INFORMATION?
If you are one of our third party sites through our Yachting Solutions, LLC website for which you registered and choose a password, we recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the third party website and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if others have access to your computer.
Yachting Solutions, LLC uses the services of Google Analytics and may use other similar services, to collect and analyze statistical data about visitors to our website. We also use Google advertising services and may use other similar services, to arrange for you to see Yachting Solutions, LLC advertisements when you visit certain third party websites. These analytic and advertising services do not collect personally identifiable information. You may elect to opt out of the use of non-personally identifiable data by Google Analytics by downloading and installing an add-on to your web browser found here.
You may find out more about how Google Analytics collects and processes data. You may also opt out of the Google AdWords service we use to serve ads, and which service also collects non-personally identifiable information, by visiting the Google Ad Settings page here. For additional information about opting out of interest-based advertising, please visit this page.
YOUR YACHTING SOLUTIONS ACCOUNT
You may need a Yachting Solutions Account in order to use some of our Services.
To protect your Yachting Solutions Account, keep your username and password confidential. You are responsible for the activity that happens on or through your Yachting Solutions Account. Try not to reuse your Yachting Solutions Account password on third-party applications. If you learn of any unauthorized use of your username, password or Yachting Solutions Account, contact Yachting Solutions immediately.
PRIVACY AND COPYRIGHT PROTECTION
PRIVACY CONTACT INFORMATION
If you have any questions, concerns, or comments about our Privacy Statement you may contact us using the information below:
By Email: [email protected]
by mail: Yachting Solutions, LLC 229 Commercial Street. Rockport, Maine 04856
CHANGES IN TERMS AND CONDITIONS
The company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement on a regular basis. This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information. This type of provision will help you protect against liability in case a user relies on your information and it causes a problem. From time to time, we may change this privacy statement. For example, as we update and improve our services, new features may require modifications to the privacy statement. Accordingly, please check back periodically.
BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Yachting Solutions and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.
The Site and its original content, features, and functionality are owned by Yachting Solutions, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Transient dockage is available at the Boat Basin in Rockland. It is billed at a per night, per foot rate. Services such as power, water, and pump-out are charge in addition. There is a 14 day cancelation policy.
Our seasonal dockage program at the Boat Basin in Rockland provides water, power, pump out, gated facility, parking, airport pickup and drop off, and an onsite restaurant. This service is billed at a flat rate for the season and includes the service listed prior. Full payment is due prior to the start of the season, fist come first served. Concierge, courtesy car, cleaning, captain, and other services are also available, billed at an additional hourly rate. For more detailed information please call or email us at:
Email: [email protected]
Yachting Solutions provides dockage in Camden, in front of the Waterfront Restaurant. This service works much like a yacht club does. There is not enough space to accommodate all our customers at once, so it’s on a first come, first served basis. To help ensure dockage is available for you ahead of time, please call or email us at: 1-207- 596-0082, [email protected] If you need dockage for the day, or an extended amount of time we can accommodate by putting your boat on and off a mooring until you need it.
DOCKAGE TERMS & CONDITIONS
- All state and federal regulations must be followed while at a Yachting Solutions facility. No refuse, solid or liquid, shall be discharged overboard. Pump out stations must be used. Porta potties are to be emptied via the marina’s pump out station. All garbage and trash will be placed in receptacles provided. No fluid or toilets or heads, nor oil from bilges, shall be discharged overboard.
- Owners and guests agree to comply with all posted rules, regulations and amendments thereto, as fully as though they were set forth herein, and should breach of this agreement or violation of posted rules and regulations occur, this agreement shall be terminated immediately, and Yachting Solutions may remove the vessel from her dockage or mooring space at the owners risk and expense and take possession of the dockage or mooring space.
- Waiver of any conditions by Yachting Solutions or its employees shall not be deemed a continuing waiver.
- Fishing, swimming and diving are not allowed on or around the docks, finger peers, or other areas within the Boat Basin complex.
- Yachting Solutions reserves the right to limit and govern all parking spaces.
- All personal property must be removed from the docks at the end of the stay.
- Choice of slips will be based on vessel size and slip adaptability, and is at the discretion of the Waterfront Director. Yachting Solutions reserves the right, at this sole discretion, to move or transfer any vessel from slip to slip. Yachting Solutions shall reserve the right to relocate boats to different areas in the event of an emergency.
- In extreme weather conditions, the staff of Yachting Solutions will do what is reasonably possible to protect boats within the facility. However, it remains that each Owner/Lessee is responsibility to check their boat and make adjustments to lines, fenders, etc., and other protective measures, as they deem necessary. During severe weather conditions, the Boat Basin is not responsible for any damages to the vessel. The Owner/Lessee “may not” assume that the facilities premises will be safe and sheltered during severe weather conditions. The Owner/Lessee will be responsible for all damages to facilities and equipment caused by their vessel if left in the marina during severe weather conditions.
- There may be occasions where Yachting Solutions staff may deem it necessary to board a vessel in order to prevent damage to and provide for the safety of the vessel, the facility, and any personnel.
- Subleasing of slips is prohibited unless previously approved.
- The extent of boat repairs and maintenance to be performed by the owner while dockside shall be at the discretion of the Waterfront Director.
- Owner/Lessee may perform repairs and maintenance on a boat, but will only be allowed if such work is performed in a reasonable manner and does not inconvenience or disturb others. In addition you shall not violate Yachting Solutions, local, state or federal environmental requirements. Any work done on vessel(s) must be accompanied by appropriate measures to ensure pollution is minimized. Allowing the breeze from sanding to fall in the water is prohibited by law; vacuum sanders are required to be used in Yachting Solutions facilities. All other repairs and or maintenance may only be performed by Yachting Solutions personnel, or contractors, or subcontractors and less under the direct supervision of Yachting Solutions.
- Yachting Solutions management reserves the right to use unoccupied tenants slips for transient dockage.
- All pets shall be under their owner’s supervision while in the Yachting Solutions complex. Owner/Lessee shall remove droppings left on all areas. Pets are permitted only if they do not disturb other owners. Pets are not allowed in the bath houses or laundry facilities unless they are a service guide dog.
- This agreement is for the use of dockage or mooring space only, and such space is to be used at the sole risk of the owner. Yachting Solutions shall not be liable for the vessel or protection of the boat including her gear, equipment and contents, or for the loss or damage of whatever kind or nature to the boat whether due to the sole negligence of Yachting Solutions or otherwise. Owner indemnifies and holds Yachting Solutions harmless against any loss, cost, or suit or claim rising out of dockage space or Yachting Solutions facilities whether or not loss, cost, suit or claim is based upon the negligence of Yachting Solutions or its employees.
- Owners/Lessees and their guests will observe speed, noise, and environmental regulations while at a Yachting Solutions facility. All boats are to approach and enter at “no wake speed”. Repeated warnings will result in termination of services (no refunds).
- Yachting Solutions shall place a lien against above named Vessel, her appurtenances and contents, for unpaid sums due for use of dockage or mooring facilities or other services, or for damage caused or contributed to by above named Vessel, owner, to any docks, moorings or property of Yachting Solutions or any other person at Yachting Solutions.
- All sales are final.
COURTESY VEHICLE USE AND INDEMNIFICATION TERMS AND CONDITIONS
Yachting Solutions Courtesy Vehicle Service provides vehicles for our clients’ usage while in town. These vehicles are located in Camden next to the Waterfront restaurant in the parking garage located under the condos. 40 Bay View St, Camden, ME 04843. And at the Boat Basin in Rockland, at 60 Ocean St.
This service is a first come, first served basis. We strongly recommend reserving a vehicle ahead of time. To reserve a vehicle or any other service related requests, please call or email us at:
Email: [email protected]
The undersigned hereinafter referred to as the “DRIVER” agrees to defend, indemnify and hold harmless Yachting Solutions, LLC., its officers, employees and agents from and against any and all damages, loss, theft or destruction of the Courtesy Vehicle being provided to the undersigned by Yachting Solutions, LLC., and against all losses, liabilities, damages, injuries, claims, demands, costs and expenses of every kind and nature, including reasonable legal fees and disbursements arising out of and in connection with the use, condition or operation of said Courtesy Vehicle.
Yachting Solutions, LLC, provides Courtesy Vehicle(s) in exchange for agreeing to the following terms
and conditions. It is further agreed by the undersigned that Yachting Solutions, LLC. shall not be responsible to the DRIVER for any loss of business, any other damage caused by the use of the Courtesy Vehicle, or for any property of the DRIVER or any other person(s) which is damaged, lost or stolen.
- Use of Vehicle. The DRIVER further presents that he/she accepts and agrees: A. The DRIVER acknowledges they are prohibited from the consumption of alcohol or other chemical(s) which may impair driving ability during the period in which he/she is in possession of the Courtesy Vehicle. B. To not possess or use and to not permit the other occupants to possess or use alcohol, drugs, or other intoxicating compounds during the possession of the vehicle. Open alcoholic beverages, drugs and/or drug paraphernalia are not permitted in the vehicle. C. To refrain from the use of cellular phones while driving. D. Must be currently licensed to drive a motor vehicle and hold current vehicle insurance and provide proof of valid driver’s license and insurance to Yachting Solutions. E. Must be over the age of 21. F. Courtesy Vehicles are non-smoking vehicles. Please do not permit other occupants to smoke in the vehicle. G. That the Courtesy Vehicle is for local usage only. At no time shall the vehicle be more than fifteen (15) miles from the Yachting Solutions point of pickup unless prior arrangements have been made. H. To obey federal, state, and local laws and regulations, and to drive with diligence and abide by the provisions of the Courtesy Vehicle program at all times. I. To assure that no person will be permitted to operate the vehicle entrusted to the DRIVER other than the DRIVER signing this form unless prior arrangements have been made. J. To assume personal responsibility that the automobile is in proper operating condition, and that visibility is unrestricted. K. That at no time shall there be more people in the vehicle than the number of seatbelts in the vehicle. All occupants of the vehicle are required to wear seat belts at all times. To assure that all passengers will wear a seatbelt at all times. L. Turn off the ignition, remove the keys, and lock the vehicle when unattended, except in those situations where doing so would be impractical. M. To assume all responsibility for all fines and consequences resulting from traffic or parking violations arising out of the use of the vehicle while it is entrusted to the DRIVER. N. Immediately report all accidents and incidents as outlined in #3.
- Person / Property Damage. DRIVER agrees he/she is responsible for any and all injuries to any person(s) or damage to any property arising from the use of the vehicle, regardless of fault. This includes responsibility for damages to the vehicle arising from, but not limited to, collision, theft, vandalism, towing, and/or storage charges. To the extent allowed by the DRIVER’S insurance policy, the DRIVER waives any rights of subrogation against Yachting Solutions, LLC. for loss of injury or damage arising from the use of the vehicle. If you are the signed DRIVER, and someone other than the signed DRIVER is driving, the signed DRIVER is responsible for all acts, including damages that involve the vehicle.
- The DRIVER agrees to be responsible for all fines, court costs, and recovery expenses for parking, traffic, and other violations.
- Insurance. All parties operating the vehicle shall have valid automobile insurance coverage for any and all use of the vehicle while it is entrusted to them, and that such insurance has, per current coverage limits, not less than $50,000 per person, $100,000 for all bodily injury, and $50,000 for damage to property.
- Hold Harmless and Indemnification. The driver agrees to hold Yachting Solutions, LLC. harmless and indemnify them from any and all claims, liability, and/or expenses, including reasonable attorney’s fees arising out of the use of the vehicle, while it is entrusted to DRIVER.
- Collections. All charges, including fees and expenses, and payment for loss or damage to the vehicle, are due upon demand. Any payments not made shall include a late fee of one and one-half (1.5 %) percent service charge for each month that the balance remains unpaid. If collection is pursued, Yachting Solutions, LLC. will be entitled to recover reasonable attorney’s fees.
- Breakdown / Accidents. In the event of breakdown or accident/incident, please call as per the following contact information. Between 7AM and 4PM, contact Yachting Solutions: 207-236-8100 After 4PM, contact Vincent Jones: 954-609-4067
IT IS FURTHER EXPRESSLY AGREED by and between the Parties hereto that the foregoing constitutes the sole Agreement between the Parties covering the loan of the Courtesy Vehicle by Yachting Solutions, LLC.
- That he/she has been advised to contact his/her Insurance Agent or Broker to make certain that he/she is protected and covered by his/her own insurance within the terms and conditions of the foregoing Agreement.
- That he/she has read and understands the conditions written and contained in this Agreement and which are made a part of this Agreement.
- CAUTION: he/she understands the Yachting Solutions, LLC provides no insurance coverage of any kind, whatsoever, for him/her or for any occupant while the vehicle is entrusted to him/her.
- The driver acknowledges that the privilege to operate the Courtesy Vehicle shall be revoked immediately upon failure to comply with terms and conditions of the Yachting Solutions’ Courtesy Vehicle Program.
STORAGE TERMS AND CONDITIONS
- The Owner agrees that Yachting Solutions LLC (“YS”) shall not be liable for any acts of God.
- Length Overall (“LOA"”) is deﬁned as the maximum overall Vessel length which includes bow or stern pulpits, swim platforms, out-board engines and stern drives. Yachting Solutions reserves the right to measure LOA at any time and adjust the winter storage charge accordingly. Storage of Sails, Vehicles, Misc. Boat Equipment and Supplies, Trailers, or other items will be based on LOA and total square footage.
- The Owner covenants and warrants that the Vessel, Vehicles, Sails, Misc. Boat Equipment and Supplies, Trailers, or other stored items shall be fully insured for all loss or damage during the term of the contract. If Owner does not procure adequate insurance, Yachting Solutions shall not be required to provide insurance for the Vessel, Sails, Vehicles, Misc. Boat Equipment and Supplies, Trailers, or other during the contract period.
The Owner of the Vessel, Sails, Vehicles, Misc. Boat Equipment and Supplies, Trailers, or other shall defend, indemnify and hold harmless Yachting Solutions, its management or employees from any claims, demands, liability, and causes of action, judgments and executions arising directly or indirectly out of this Storage Contract. The Owner shall not make Yachting Solutions a party to any litigation against others without the express written consent of Yachting Solutions. The Owner agrees that, in the event that it is necessary for Yachting Solutions to employ an attorney to enforce any provisions of this agreement, the Owner shall pay Yachting Solutions reasonable attorneys’ fees and expenses.
- No guarantee is provided as to condition of walks, ramps, or ladders and Yachting Solutions is not responsible for injuries to persons or property occurring thereon.
- Yachting Solutions shall have the right not to renew and/or to terminate this Service Contract for any reason. The Owner and Vessel speciﬁcally disclaim any right title or property interests of any kind in the future renewals of this contract.
- No one is to live aboard the Vessel while the Vessel is in dry storage.
- Upon delivery of the Vessel, Sails, Vehicles, Misc. Boat Equipment and Supplies, Trailers, or other following storage at Yachting Solutions, the Owner immediately assumes responsibility of the property.
- Any expenses for hauling, launching, winterizing, covering, rigging, storing or other parts and service labor for the Vessel in the process of securing payment shall be the responsibility of the Owner. It is stipulated that the Vessel will not leave Yachting Solutions property prior to full payment of all amounts currently due. Yachting Solutions shall not lose any of its rights to payment, to any liens under state or federal (including maritime) laws against the Vessel, or to regain possession (with or without process of law) and to hold again thereafter until paid in full. The Owner further agrees that a service charge shall be payable on any balances due, on outstanding balances commencing from the 10th day after the amounts become due and payable, which amounts shall be covered by the aforesaid lien rights.
- Yachting Solutions is not responsible for any equipment, supplies, or furnishings left behind after reﬁts, restorations, or other work performed at a Yachting Solutions facility 30 days past the launch date.
- Outside labor is not allowed without obtaining permission from Yachting Solutions’ management. If Yachting Solutions approves of an outside vendor, the vendor must provide proof of general liability insurance and a letter of approval of predetermination from the State of Maine Workman’s Compensation Board.
- Yachting Solutions is not responsible for damage to the Vessel, Sails, Vehicles, Misc. Boat Equipment and Supplies, Trailers, or other that your assigned laborer or subcontractor may cause or injury of the laborer or subcontractor while they are working on the Vessel, Sails, Vehicles, Misc. Boat Equipment and Supplies, Trailers, or other on Yachting Solutions property.
- No for sale signs are permitted on Vessel, Sails, Vehicles, Misc. Boat Equipment and Supplies, Trailers, or other while in storage without the permission of Yachting Solutions.
- Yachting Solutions bills are due in full within 30 days of the billing date. An additional service charge will be applied to the bill after 30 days.
- Owner certiﬁes that the printed matter on this agreement has been read and the terms and conditions set forth are fully understood. Owners further agree to abide by the terms and conditions of this storage contract.
- It is agreed that all amounts payable are non-refundable after they have been received by Yachting Solutions, in good faith.
CAPTAIN SERVICES TERMS & CONDITIONS
Yachting Solutions, LLC. (YS), 229 Commercial St, Rockport, Maine, provides licensed Captains employed or contracted by YS to operate our client’s vessels. The Captain may be any one of several licensed individuals employed or contracted by YS. There is a 4-hour advanced notice of cancellation for all services except dockage. For these services, a flat rate for the first hour of service is applied to your account.
The Captain’s standard duties will include but not be limited to:
- Working closely with the Customer or its staff to ensure all needs are met.
- Preparing the Vessel for the day’s activities
- Route planning
- Weather awareness
- Anticipating hazards
- Fuel management
- Driving the Vessel
- Attending to the comfort of the passengers
- Performing routine daily cleaning and maintenance
- Overseeing the work lists and keeping the Vessel in premium cosmetic condition
- Securing the Vessel when not in use
Notwithstanding the foregoing, the Owner agrees and acknowledges that he/she shall be solely responsible for all costs and expenses relating to repairing the vessel (other than routine daily maintenance), and supplying the vessel, including but not limited to costs and expenses for fuel, safety equipment, food, drink, equipment, and all other supplies except for any cost and expenses attributable to YS’s negligence, willful misconduct or breach of this Agreement.
The Owner agrees to allow the Captain and/or additional YS personnel to perform mechanical repair, cosmetic repair, and maintenance services on the vessel, with prior approval from the Owner or its representative. These services and any additional services required will be billed at a set hourly rate.
Captain services are generally to be performed in Maine Coastal waters not more than 10 nautical miles offshore between Portland and Mount Desert Island. Destinations and/or overnight services outside this geographic region will be accommodated with 48 hours advance notice and may be subject to additional charges to be pre-approved by both parties.
For compensation in exchange for the aforementioned services, Customer shall pay YS All additional charges for reimbursable expenses incurred by Captain or YS pursuant to this Agreement, including but not limited to, gasoline, dockage, parts, supplies, transportation and repairs shall be billed to the Customer bi-weekly. The fee is non-refundable for unused services.
YS reserves the right to cancel any services at any time for any reason. In addition, YS shall have the right to immediately terminate and cancel this Agreement if the Captain or any YS personnel learn that the vessel is being utilized for any illegal purpose, including but not limited to illegal fishing or transportation of controlled substances. In the event of any such termination, Customer shall be responsible for the Captain’s Fee through the date of termination. Any outstanding balances due to YS shall be due and payable within 30 days of receipt after the termination date.
It is understood that the assigned Captain will have complete operational and navigational control of the vessel. However, Owner retains legal possession and nothing herein shall be construed so as to create a demise or bareboat charter of the vessel from Owner to YS. The Owner shall permit the Captain to make a thorough inspection of the vessel prior to any departure to determine its safety and seaworthiness, and the Captain shall have full discretion and authority to cancel or delay a voyage in the event that any such inspection is unsatisfactory, in the Captain’s sole discretion. The vessel will be fully insured by the Owner for all possible liabilities, including but not limited to, collisions, allisions, salvage claims, wage claim damages to the vessel, personal injury to the Captain or other YS personnel, personal injury to passengers, public liability, and property damage. YS shall be named an additional insured under such policies. The owner must provide a copy of the vessel’s insurance policy and all current certificates of documentation and or registration to YS prior to the start date specified above. Copies of captain’s licenses and endorsements will be provided to Owner upon request prior to the start date specified above.
In no event shall the Captain or YS be responsible or liable for (a.) wear and tear of the vessel, (b.) failure of any component of the vessel or any equipment on the vessel while the vessel is under prudent operation by the Captain consistent with established practices in the industry, (c.) damages or injury arising from adverse weather conditions, acts of piracy, or government actions, or (d.) damage to dinghies, toys, outboard motors, kayaks, docks, ramps, mooring gear, plumbing, electrical, or other equipment.
YS “Weather Watch” service is responsible for moving the vessel to a safe location in adverse weather conditions; however, it is not responsible for damage to the vessel(s) prior to or after this move. Nor is it responsible for dinghies, toys, outboard motors, kayaks, or other equipment.
YS and Customer agree that in the event of a dispute arising out of this Agreement or the operation of the vessel, all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Maine or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. This Agreement shall be governed by and construed in accordance with the General Maritime Law of the United States or, to the extent not applicable, to the laws of the State of Maine. This Agreement shall not be amended or modified except in writing executed by both parties.
Notwithstanding anything appearing to the contrary in this Agreement, no officer, director, agent, representative, advisor, employee, direct or indirect partner, member or shareholder of the Owner (or any officer, director, agent, advisor, representative, member, investor, manager, personal representative, trustee or employee of any such direct or indirect partner, member or shareholder) shall be personally liable for the performance of the obligations of, or in respect of any claims against, the Owner arising under this Agreement. No personal judgment shall be sought or obtained against any of the foregoing in connection with this Agreement.
WARRANTIES AND DISCLAIMERS
Yachting Solutions provides our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. Some manufacturers that Yachting Solutions sells products for, provide a warranty. The specifics of what is covered and not covered in these warranties can be found on the manufacturer’s website, by calling them, or are available in the owner user manuals.
Yachting Solutions submits warranty claims on behalf of our customers and makes every effort to ensure the customer receives the warranty as described by the manufacturer. In some instances not all items are covered, such as hauling, launching, travel time, overtime labor, time to submit claims, etc. All items such as these that are outside of the manufactures warranty will be invoiced directly to the customer by Yachting Solutions and must be paid in full prior to the vessel being released. If for some reason the manufacturer rejects the claim, the customer will be responsible for the full payment.
Warranty approval is not instantaneous. It is a process that can take time depending on the circumstances. The customer can pay for the repairs upfront or wait for the claim to be approved or rejected by the manufacturer. Paying for the repair upfront does not guarantee warranty approval for some or the entire claim.