1. Boat owners are responsible for securing their boats, or the marina may secure boat and assess a service fee. If additional lines are needed, charges will apply.

2. Absolutely no gas will be carried on docks in containers or otherwise. This is a state fire regulation and will result in immediate removal from marina property.

3. All trash must be placed in the trash receptacles provided. Oil and other hazardous waste are not permitted. Household appliances, furniture, or cabinetry, are not permitted. You must contact the office for proper disposal of hazardous waste. A fee will be charged for the removal of questionable waste. Anyone not complying with this will be released from their contract and assessed a $75.00 fine. No space refund will be issued with dismissal. Paint supplies not purchased thru marine store must be registered prior to painting. Non registered materials will be charged a disposal fee.

4. Children will be supervised and controlled by a responsible adult. No jumping or diving is permitted from dock

5. “Good Neighbor policy” – be respectfully to neighboring vessel. Keep noise down and area around boat free and clear of items.

All noise will be kept to a minimum after 11:00 pm. Refrain from use of profanity when able. All docks will be kept clear of obstruction to comply with fire Marshall regulations.

6. Fishing and swimming from docks is not permitted. Absolutely no swimming in the channel.

7. Customer may not use Marina address as their own. They must get a P O box for their mail. Any special shipping items must be approved thru the office.

8. The boat owner may work on his own boat if such does not interfere with the rights of other persons’. No outside contractors are permitted on the premises without first securing approval from the office and providing proof of insurance. Those persons who work on their boats must use environmental drop cloths when painting and or sanding to prevent hazardous waste dustless sanders from entering the soil and protecting the property of those nearby. Anyone violating this rule will be asked to cease operation and have job completed by marina personnel at the owners comply with Best Practices for clean marina. A minimum of $500.00 clean up fee will be assessed.

9. No open fires are permitted on or within 25 feet of docks or marina equipment. Only grills approved by marina will be allowed. No smoking will be permitted in showers, or any building on the premises.

10. Marina restroom facilities is stocked and cleaned once a week, Banyan Bay asked that all customers respect the facility and report any misconduct immediately to the office. Pumping waste into waterway is illegally and will result in immediate removal from the marina.

11. All subcontractors must check into marina office and present insurance and sign in marina.

12. All accounts are payable upon receipt. After 30 days, account is subject to a 2.0% finance charge per month, equivalent to 24% per year. Any accounts more than 60 days past due will be placed on a daily rental basis, retroactive to the original billing date. The marina then has the authority to sell the boat at auction. All collection fees will be the responsibility of the lessee. Final payments require guaranteed funds before the vessel will be released after 60 days of non payment.

13. Due to the change in privacy regulations all credit card payments made by phone, mail, or e-mail, must be accompanied by a copy of the front and back of your credit card

14. Trailer storage will be assessed at $50.00 per month. In water dinghy storage will be assessed at $50 per day. Jet docks not included.

15. A 1.5% environmental impact fee will be levied on all bills.

16. Boat owners should remove all personal property from boat and dock prior to dry storage. If haul out date and launch date are not feasible for marina, owner will be notified prior to haul out to make necessary adjustments. Adjustment of launch date is the responsibility of the lessee payable prior to boat being launched. Sale of vessel can not change launch date.

17. Any possessions or debris left behind after vacating dock area, or storage area, will be cleaned up by marina personnel. Time for cleanup will be charged to the customer.

18. No permanent fixtures\apparatus are to be installed on decking/pilings/docks or buildings.

19. Marina will provide one 30 amp and water access per space. If boat owner desires to use additional 30amp, he must obtain permission from the marina and pay in advance. Should marina find second 30amp in use without permission, the fee will be doubled.

20. This agreement is for the use of 1 space and 1 vessel only. Space is to be used at the sole risk of the lessee. Marina shall not be liable for the care or protection of the yacht (including gear, equipment and contents) or for any loss or damage of whatever kind or nature to the yacht, her contents, gear or equipment howsoever occasioned. All water connections will be disconnected or turned off when leaving the boat unattended. If marina personnel has to turn off water the owner will be billed.

21. There shall be no washing of cars.

22. Animals will be allowed on premises.. Please curb your pet. $75.00 fine will apply. State law requires all pets to be on a leash at all times. Failure to comply warning 1st offense. Expulsion 2nd offense. No refund of space rent. Immediate dismissal.

23. Marina shall have a lien against any yacht on the premises, her appurtenances and contents for unpaid sums due for use of dock facilities or other services, or for damage caused or contributed to by that said vessel or her owner for any property of the marina or any other persons at the marina. If bills are not paid in a timely fashion marina reserves the right to haul the vessel at an additional charge to the customer and hold launching until the bill is satisfied. Guaranteed payment is required prior to vessel being released from premises.

24. The location and style of dock boxes must be approved by the management. No wood or plywood boxes. Only fiberglass will be permitted. Additional charges will apply to materials removed by marina

25. Marina offers boat brokerage service and encourages tenant to use such service. However, tenant may use self or another broker with the following regulations. Outside Brokerage signs are NOT ALLOWED. Contact Marina prior to accessing Marina property and sign in upon arrival. All agents not affiliated with Banyan Bay Marina must check in and provide proof of insurance at office prior to boarding any vessel .

26. Any infraction of these regulations shall cancel the space rental agreement upon written proper notice to lessee, and the boat or rig shall be removed from the premises. No refunds will be given. Store credits will be issued for non-electrical part returns. Space rental fees and electrical components are NON-REFUNDABLE.

Limitations and General terms of Banyan Bay Marine Center with Boat Owner

This agreement is not a bailment; rather it is for rental of work space area only. All boat owners shall provide the office with a copy of his/her boat insurance. Banyan Bay Marine Center shall not be held responsible or liable for loss due to theft, pilferage, vandalism, and fire or water damage. OWNER understands that security service provided by Marina is a courtesy and that the Marina bears no responsibility for any breach in its security while in the yard.

BOAT OWNER’S LIABILTY: INDEMNITY & HOLD HARMLESS OF BANYAN BAY MARINE CENTER

OWNER agrees that Banyan Bay Marine Center SHALL NOT be held responsible for damage to any property or injury to any persons while the owner’s vessel is stored ON THE PROPERTY. Boat Owner agrees to indemnify and hold harmless Banyan Bay Marine Center, from any and all liability for personal injury, loss of life, property damage as well as any and all claims, proceedings, damages, actions and liabilities including attorney’s fees arising from or connected with the Owner’s occupancy and use of the yard workspace area.

General Terms and Conditions

Boat OWNER agrees to work in a clean and efficient manner. All tools, hoses, materials, equipment and trash will be neatly stored during work on site. IT IS HIGHLY RECOMMENDED THAT WORK AREA IS CLEANED UP AT THE END OF EACH DAY SO AS TO AVOID ADDITIONAL CLEAN UP FEES. A clean up fee will be determined by Banyan Bay Marine Center based on clean up time. Vessels will not be launched until work area is clean.

Owner agrees that only sub-contractors approved by Banyan Bay Marine Center shall be permitted to work in the yard and they must furnish Banyan Bay Marine Center with proof of the appropriate General Liability Insurance and Workman’s Compensation prior to the commencement of any work on the vessel. Sub-contractors must provide the marina yard with a list of their employees. Banyan Bay Marine Center is not responsible for any work performed by subcontractors which you hire to work on your vessel, rather we are only responsible for work performed by subcontractors we hire pursuant to an Agreement with you.

In the event of emergency conditions such as hurricane, fire etc. whereby additional crews may be warranted, Owner agrees that additional charges may be made to the regular rate. Owner understands the importance of abiding by the Yard Managers direction during these types of events.

Shore blocks and jack stands must only be adjusted by yard personnel.

NO wet or dry blasting allowed

NO spray painting allowed by boat owner.

Free Running water is not permitted in service yard. Only biodegradable cleaning products many be used. Cleaning products containing ammonia, petroleum distillates, sodium hypochlorite or chlorinated solvents is strictly prohibited.

Machine Sanding permitted with approved vacuum sander. Work area must be swept or vacuumed, bagged and disposed in yard dumpsters prior to being hosed in the yard drainage system.

All hot work, flame cutting, welding etc. must be approved by yard manager. A fire watch person is required at all times during hot work operations.

Banyan Bay Marine Center does not rent scaffolding, lend tools or provide ladders.

All Bottom Paint, Zincs & fuel must be purchased through Banyan Bay Marine Center.

24-48hours’notice is required to schedule launching of vessel.

The cost to dispose of excessive refuse from work area by Marina will be charged to the Owner as an authorized add-on at the sole discretion of the yard manager.

Banyan Bay Marine Center maintains a strong policy against the use of drugs or alcohol by its employees and visitors while on its property. Banyan Bay Marine Center reserves the right to immediately remove any person whose conduct, in the sole opinion of Marina, would harm the reputation of the Marina due to the use of drugs and alcohol, or any other behavior determined to be unacceptable by Marina.

NO ONE IS ALLOWED TO LIVE ABOARD THEIR VESSEL WHILE IN THE YARD.

Default or Breach

Vessel will not be launched until yard invoice is paid in full. Failure to pay any invoice pursuant to the terms of this agreement may result in a lien being imposed upon the vessel pursuant to authority granted Banyan Bay Marine Center by Fla. Stat. Sect. 328.17. Owner agrees that Banyan Bay Marine Center may follow whatever procedure is provided by law to enforce said lien. Owner shall be responsible for all expenses incurred by Banyan Bay Marine Center in connection with enforcing said lien or any part of this Agreement, including but not limited to attorney fees and judicial costs. For all purposes under this Agreement, including the mailing of any Notice required by Fla. Stat. Sect. 328.17, the address provided by owner in this Agreement shall be the place where any legal notice shall be delivered, unless Owner has provided a written change of address prior to default. Owner agrees to accept any such notice at this address, and waives any objections to delivery when a notice is sent by certified mail or regular mail to this address.

OWNER acknowledges receipt of the current Banyan Bay Marine Center rates attached hereto and incorporated by reference. Owner agrees to pay all applicable rates, fees and charges and acknowledges that no boat will be relaunched until all open invoices are paid in full, by cash or approved credit card. Banyan Bay Marine Center does not accept checks in payment of yard invoices.

 


Complete below at Banyan Bay Marina Office:


☐ I Agree to the terms and conditions.
Owner(print): Signature: Date:
RECEIVED AND APPROVED BY: Banyan Bay Representative Date: