Winter Storage Terms

It is hereby agreed that:
1. The storage rate includes haul out, storage and launching for the 2013-2014 winter season. It does not include bottom wash, unstepping, storage and stepping spars, laying up engines and plumbing or putting on or removing winter covers and frames. The work is done at the prevailing rates.
WISCONSIN SALES TAX WILL BE ADDED TO ALL SERVICES.
2. All boats that store at Pugh’s will be brought to Pugh’s by the owner or his agent.
3. We will charge for such things as: skids wider than boat, swim platforms, davits, bow sprits, outboard rudders or anything
which is wider orlonger than the overall length or beam on the boat.
4. WINTER STORAGE SEASON RUNS FROM
OCTOBER 1st to MAY 31st.
5. THE BALANCE OF WINTER STORAGE IS DUE BY JANUARY 1ST OR FINANCE CHARGES WILL BE INCURRED.
6. There will be a 1.5% monthly Finance Charge on all past due accounts.
7. ALL ACCOUNTS MUST BE PAID IN FULL BEFORE LAUCHING!
8. All boats stored will have fuel tanks filled, batteries disconnected and engines decommissioned (excluding heated storage).
9. All skids must be approved by management. Any skids not considered safe will be repaired by the Service Department at the owner’s expense.
10. No electricity will be available in the yard or storage building after posted yard hours. At no time shall 110 volt lines be left plugged into outlets overnight while boat is in storage. No heaters allowed in boats while in storage.
11. Owner’s cooperation in keeping the yard clean is appreciated. Owners will be billed for clean up of excessive litter or dirt caused by themselves or their crew.
12. Boats removed from storage require seven (7) days of advance notice. Upon launching, owner agrees to furnish a minimum of 4 mooring lines and 4 fenders of adequate size and condition to secure his boat. Owner’s boat, when placed in storage, will not be subject to removal by Owner after the 15th day of October of the year of execution, and before the 15th of April of the following year. Removal during said restrictive period of time will subject owner to an additional labor and equipment charge at Marina’s hourly rates.
13. LIMITATION OF LIABILITY. A) Pugh Marina shall not be responsible or liable for any damage to the boat resulting from the owner provided cradle, hull drying, water damage, sinking, or the like. B) Pugh Marina shall not be responsible for winterization of the boat unless specifically authorized by the owner and Pugh Marina accepts from Owner, in writing, a service order to winterize. C) Pugh Marina is not a bailee and shall not be liable, directly or indirectly, in contract, tort, or otherwise, to the Owner, his or her family, guests, crew, agents, employees, or independent contractors, unless under contract to the Owner, charters, underwriters, for any personal injury or damages to the boat, including consequential damages, unless such damage is caused by the sole negligence of Pugh Marina, and in no event shall the aggregate liability of Pugh Marina under this agreement, if any, exceed the lesser of $100,000.00 or the value of the Boat. D) Pugh Marina shall not be responsible for labor strikes, fire, Acts of God, theft of property, the negligent or willful acts of third parties including other owners, trespassers, or parties lawfully or unlawfully at the Yard. E) Pugh Marina shall not be obligated to permit access to the boat by anyone other than the Owner, however, upon written request by the Owner, Pugh Marina will permit agents, employees, or independent contractors of the Owner reasonable access to the Boat for the limited purposes of inspecting and/or performing maintenance and/or repair work, to the Boat, subject to the Yard rules, and prior written approval of Pugh Marina. Pugh Marina shall not be obligated to verify identification or otherwise ascertain the continuing authority of any persons seeking access to the Boat, or impose any security measures with respect to the Boat, nor shall it be liable for any actions occurrences, omissions, or events arising with respect to the Boat or any damage or injury thereto, or to any person or persons afforded access thereto.
14. The Owner shall purchase and maintain, during the term of this Agreement or any extension thereof, fire, marine casualty, public liability, and property damage insurance in a sum equal to the greater of the full replacement value of the Boat, or $300,000.00 per occurrence, for the Boat and other property, including the property of other Owners and Pugh Marina, and liability insurance
for personal injury, death and property damage sustained by any of the Owner, his or her family, guests, crew, agents, employees, or independent contractors. Pugh Marina, shall be named as additional named insured on all such policies of insurance, which shall be issued by solvent and reputable insurance authorized to provide coverages within the State of Wisconsin, and such policies shall additionally provide that coverage may note be cancelled except upon 30 days prior written notice to Pugh Marina. The Owner hereby agrees to protect, indemnify and hold Pugh Marina, it’s directors, officers, agents, independent contractors, and employees harmless from and against any and all liability losses, costs, and expenses including attorneys fees relating to any claims, demands, damages, losses, recoveries, judgments, costs, expenses, suits or causes of action arising out of the acts of omissions of the owner, his or her family, guests, crew, agents, employees, or independent contractors. The Owner hereby acknowledges and agrees that Pugh Marina is not a bailee, nor an insurer of the Boat or other personal property of the Owner, nor shall Pugh Marina provide any insurance coverages for the Boat or such personally for the benefit of the Owner against fire, theft, vandalism or any damages, casualty, or personal injury, and the Owner hereby assumes all risks and injury and loss to the Boat.
15. Our dock space is limited. We would appreciate the removal of your boat in the shortest time possible after launching. Boats not removed from our docks within 2 days after launching will be charged $.50 per foot per day mooring fee beginning the third day.
16. Pugh Marina is hereby given a lien upon the boat, it’s contents and equipment for any and all charges for service repairs, wharf age, or storage or the same, or for the balance owing on any other account or accounts owing to Pugh Marina by the Owner or Lessee of the Boat.
17. No for sale or brokerage signs of any kind allowed on boats while stored at Pugh Marina unless approved in writing.
18. Pugh Marina will not be liable for damage to boats while in the water due to storms, winds, waves, rise and fall of lake level or other acts of God.
19. Pugh Marina makes no warranty with regard to ladders, scaffolds, walks, ramps or other gear and shall not be liable for injuries to persons or property occurring thereon.
20. No outside competitive labor will be allowed in the Marina unless approved by the Marina in advance.
21. All dogs must be leashed on Marina grounds.
22. Because of the crowd at the Marina on weekends, we ask the owners to arrange haul-out and launch dates during the week.
23. Any sanding done on boats stored at Pugh Marina must be done using a vacuum system. Check with the office.
24. No work with power tools will be done on boats in the storage buildings.
25. It will be the full responsibility of the owner to take every measure to contain sanding dust and over spray from contaminating the boats and vehicles around him. The cost of all damages to the offended parties must be satisfied prior to launch.
26. Any boat deemed “Abandoned”, meaning the owner can or will not move vessel, or cannot be reached by phone, mail, or email after this contract ends may be moved and a storage lien put on boat. The owner may be charged labor and expenses for the undertaking of this procedure. Any boat, abandoned boats or trailers left after 30 days of the end of this contract will become the property of Pugh Marina, unless prior arrangements are made.