Complete below at Banyan Bay Marina Office
STORAGE FEES & TERM
PAYMENT AUTO-DRAFT ON THE
ALL PAYMENTS MUST BE RECEIVED ON OR BEFORE THE MONTHLY DUE DATE. OWNER AGREES THAT THE VESSEL SHALL NOT BE PERMITTED TO LEAVE THE MARINA UNLESS AND UNTIL OWNER HAS PAID ALL AMOUNTS DUE AND OWING UNDER THIS AGREEMENT. OWNER SHALL PAY ANY AND ALL PAYMENTS DUE AND PAYABLE UNDER THIS AGREEMENT WITHOUT THE NECESSITY OF ISSUANCE OF AN INVOICE. OWNER SHALL BE RESPONSIBLE FOR PAYMENT OF A $15.00 LATE FEE FOR EACH MONTH THAT ANY PAYMENT IS NOT TIMELY MADE. A FULL ONE MONTH WRITTEN CANCELLATION NOTICE
REQUIRED. THE MARINA RESERVES THE RIGHT TO CHANGE RATES WITH 30 DAYS NOTICE
I HEREBY AUTHORIZE BANYAN BAY MARINE CENTER TO USE THE PROVIDED PAYMENT INFORMATION (IN MY ABSENCE) FOR THE SOLE PURPOSE OF PAYING THE STORAGE FEE AND SUCH OTHER CHARGES FOR PRODUCTS AND SERVICES RENDERED, AND WILL NOT DISPUTE THE CHARGES, BY SIGNING BELOW:
CARD NUMBER______________________________________ EXPIRATION DATE______________ SECURITY CODE___________
NAME ON CARD (Print)_________________________________ DRIVERS LICENSE NO.:__________________________________
CARD HOLDER SIGNATURE____________________________________
BILLING ADDRESS (If different from above)_____________________________________________________________________
I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE TERMS AND CONDITIONS ON THE ATTACHED RIDER, WHICH ARE INCORPORATED HEREIN AS PART OF THIS AGREEMENT. I ALSO WARRANT THAT I AM AUTHORIZED TO ENTER INTO THIS AGREEMENT AND THE INFORMATION PROVIDED IS CORRECT.
RECEIVED AND APPROVED BY:
Banyan Bay Representative Date:
This Agreement is subject to the following terms and conditions, which, together with the information attached, shall constitute the entire agreement between Banyan Bay Marine Center, the Boat and Owner.
1. Storage of Boat. Banyan Bay Marine Center hereby agrees to store the boat at the Marina in the designated storage area and to deliver in accordance with Banyan Bay Marine Center’s policies in effect from time to time the Boat to Owner or to this order during Banyan Bay Marine Center’s normal business hours. This Agreement confers no leasehold interest and Banyan Bay Marine Center reserves the right to change the Slip assignment or move the Boat for normal Marina operations or repairs, or for special events.
2. Term and Termination.
a. The term of* this Agreement shall begin on the Commencement Date and continue on an annual, month-to-month, or other basis as indicated. In the event the Marina is not completed at the time this Agreement is signed, the Commencement Date stated on the first page of the Agreement shall be fifteen (15) days after Marina gives notice to Owner that the Marina is substantially complete and the Marina is able to accept the Boat for storage. If* this Agreement is annual, this Agreement will automatically renew for successive one-year periods (“Storage Years”) unless Owner terminates this Agreement by giving Marina written notice at least 30 days prior to the end of* the current Storage Year. If* this Agreement is month-to-month, this Agreement will automatically renew for successive one-month periods (“Storage Months”) after the required 3 month minimum period, unless Owner terminates this Agreement by giving Marina written notice at least 30 days prior to the end of* any Storage Month. The removal of* the Boat from the Marina shall not be deemed as termination nor substitute for a written notice of* termination of* this Agreement.
b. At any time in the Marina’s sole discretion, Banyan Bay Marine Center may terminate this Agreement effective on the date 15 days following Marina’s mailing or hand delivery of* a written notice of* termination to Owner; provided, however, if* the Marina’s storage facilities for boats is damaged beyond repair or destroyed, this Agreement shall immediately terminate upon notice to Owner of such event. In the event this Agreement is terminated due to the damage or destruction of* the Marina by hurricane or otherwise, Owner agrees to promptly remove the Boat from the Marina at Owner’s sole cost and expense. In addition, the Marina may terminate this Agreement immediately upon written notice to Owner if* Owner removes the Boat from the Marina for a period in excess of* 10 days without prior written notice to the the marina. On or prior to the effective date of* termination, Owner agrees to remove the Boat from the Marina and pay all Storage Fees and other charges then due. If* Owner fails to timely pay all sums due and then remove Boat from the Marina, as required, Owner shall incur charges for holding over as set forth in section 12. of* this Rider and the Marina may suspend the right of Owner to obtain access to the Marina, to use the Slip and the Boat without the necessity of* the initiation of* any proceedings.
c. The provisions of* Sections 16 and 17 of* this Agreement shall survive any termination hereof.
d. If* this Agreement is an annual agreement, and it is terminated by Banyan Bay Marine Center pursuant to Section 2(b) at
any time prior to the expiration of* a Storage Year, Banyan Bay Marine Center shall refund to Owner an amount equal to the product of* (a) the annual amount of* prepaid Storage Fees paid by Owner to Banyan Bay Marine Center with respect to such Storage Year, multiplied by (b) the quotient of* (I) that number of* days remaining in the then current Storage Year after Owner removes the Boat from the Marina, divided by (II) 365.
3. Payment of* Storage Fees and Other Charges.
a. Storage Fees are payable in advance for each upcoming period of storage. Storage periods and payment requirements are as follows:
i. Payment for annual agreements must be one lump sum payment. Owner authorizes Banyan Bay Marine Center to charge the authorized Credit Card set forth above using the signature on file.
ii. For month-to-month agreements, all Storage Fees shall be due and payable on the monthly due date and Owner authorizes Banyan Bay Marine Center to charge the authorized Credit Card set forth above using the signature on file.
iii. For other agreements, all Storage Fees shall be due in advance for the entire stay and Owner authorizes Banyan Bay Marine Center to charge the authorized Credit Card set forth above using the signature on file.
b. All charges are subject to applicable taxes
c. All service work orders are due upon completion and must be paid before Boat will be released. All charges must be paid in full
before the Boat may leave the Marina. NO BOAT SHALL BE RELEASED OR LAUNCHED IF OWNER’S ACCOUNT IS NOT CURRENT.
d. Owner acknowledges that, in the event of a breach by Owner, Banyan Bay Marine Center shall be entitled to recover all Storage Fees and other charges accrued and thereafter accruing, plus interest at the maximum lawful rate and attorneys’ fees and costs incurred by Banyan Bay Marine Center to collect all such charges and interest from Owner.
e. Owner agrees that the Storage Fees and other charges may be increased from time to time in the sole and unrestricted discretion of Banyan Bay Marine Center upon not less than 30 days’ notice to Owner. With respect to an annual agreement, unless otherwise indicated by the notification of rate change, such rate change will take effect in the next succeeding Storage Year after such notice is given. With respect to a month-to-month agreement, unless otherwise indicated by the notification of rate change, such rate change will take effect in the next succeeding Storage Month after such notice is given. With respect to other agreements, unless otherwise indicated by the notification of rate change, such rate change will take effect on the next succeeding day after such notice is given, if no fixed period was established or at the end of any fixed period if Owner and Banyan Bay Marine Center agree to extend this Agreement. All other terms of this Agreement shall remain in full force and effect as though such increased charges were shown herein.
4. Security Deposit. Before the Boat may be stored, and in addition to prepayment of the first month’s Storage Fees, Owner shall pay to Banyan Bay Marine Center the Security Deposit set forth above as partial security for timely performance by Owner, which shall not be in lieu of any Storage Fee. The Security Deposit shall be held by Banyan Bay Marine Center during the term of this Agreement to assure the full and faithful performance of Owner. The Security Deposit shall be retained by Banyan Bay Marine Center as liquidated damages if written notice is not received in Banyan Bay Marine Center’s office at least 30 days prior to vacating the Slip for annual agreements and 14 days prior to the end of the month for month-to-month agreements. If such notice is given, Banyan Bay Marine Center shall return the Security Deposit (without interest) within 30 days after receipt of such written notice; provided Owner has paid all Storage Fees and other charges then due. Banyan Bay Marine Center may at any time, in its sole discretion, apply the Security Deposit to amounts due and owing hereunder, and Owner agrees to immediately replenish the Security Deposit if requested by Banyan Bay Marine Center.
5. Use of Slip — Authority.
a. Banyan Bay Marine Center accepts the Boat on the express representation of the person signing, that he or she is lawfully authorized to store the same, bind the Boat for payment, and has read and fully understands all the terms and conditions of this Agreement.
b. No person other than Owner and the persons named above shall be allowed to have access to the Boat unless authorized IN WRITING by Owner (no phone authorizations will be accepted).
c. If Owner removes the Boat from the Marina for extended periods (normally more than 3 days), for any reason, including repairs to the Boat, Owner shall notify Banyan Bay Marine Center. Banyan Bay Marine Center may use the Slip when not in use by Owner without reduction of the Storage Fees or payment of other compensation to Owner.
d. Banyan Bay Marine Center reserves the right to refuse to accept or to eject from the marina’s property any person or property without obligation to do so, for any act or condition which Banyan Bay Marine Center determines is or may be disruptive or unsafe. Banyan Bay Marine Center may require identification satisfactory to it prior to permitting the Boat to be used by any person, including Owner.
e. Banyan Bay Marine Center assumes no responsibility if the Boat is left in the water or returned to the marina outside Banyan Bay Marine Center’s usual business hours. Owner specifically acknowledges that Banyan Bay Marine Center has no responsibility for providing security for the Boat once placed or left in the water at any time and that any boat returned to the Marina outside Banyan Bay Marine Center’s usual business hours will not be moved to storage until the following business day.
f. Banyan Bay Marine Center intends, but shall not be required, to provide certain facilities at the Marina to be used in common by all owners with boats stored at the Marina. Such facilities may include a lounge area and/or a “do it yourself” area with wash and service racks. If such common facilities are provided by Banyan Bay Marine Center, Owner agrees to utilize them on a first come, first served basis at Owner’s sole cost and expense. With Banyan Bay Marine Center’s consent and the providing of appropriate identification and proof of insurance as required in section 9, below, Owner may bring in contractors to perform work on the Boat in the area or areas designated by Banyan Bay Marine Center for such services.
All such contractors must be on Banyan Bay Marine Center’s approved list or otherwise approved of by Banyan Bay Marine Center in writing.
g. In the event the Boat sinks or is damaged by hurricane or any other cause while in the water or in storage at the Marina, it shall be Owner’s sole responsibility to salvage the Boat and promptly remove it from the Marina at Owner’s sole cost and expense.
6. Laws, Rules, Regulations. Owner shall comply with the Marina rules. Banyan Bay Marine Center may change the Marina rules by posting new ones or otherwise notifying Owner of the change. In using the Marina, Owner agrees to abide by all posted Marina rules as amended from time to time and all applicable laws, ordinances and obligations imposed by government authority.
7. NOTICE TO BOAT OWNERS REGARDING NAMED STORMS. Owner shall make suitable arrangements for safe, sheltered anchorage/storage during tropical storms or hurricanes, and Owner warrants such arrangements have or will be made. Owner may not assume that the Marina will be safe, sheltered anchorage during tropical storms or hurricanes. In the event of an impending tropical storm or hurricane or other emergency, Banyan Bay Marine Center, in its sole discretion, is authorized to do whatever the marina deems appropriate and reserves the right to move or evacuate the Boat at Owner’s risk and expense. Banyan Bay Marine Center HEREBY INFORMS OWNER THAT IN THE EVENT OWNER FAILS TO REMOVE THE BOAT FROM THE MARINA PROMPTLY AFTER THE ISSUANCE OF A HURRICANE WATCH OR WARNING COVERING THE AREA IN WHICH THE MARINA IS LOCATED, Banyan Bay Marine Center OR ITS EMPLOYEES OR AGENTS ARE AUTHORIZED (BUT SHALL NOT BE REQUIRED) TO REMOVE THE BOAT FROM ITS SLIP OR TAKE ANY AND ALL OTHER ACTIONS DEEMED APPROPRIATE BY Banyan Bay Marine Center OR ITS EMPLOYEES OR AGENTS IN ORDER TO SECURE THE BOAT AND PROTECT MARINA PROPERTY. OWNER IS FURTHER NOTIFIED THAT OWNER MAY BE CHARGED A REASONABLE FEE FOR ANY SUCH ACTION.
8. Transfers and Assignments. This Agreement and Owner’s right hereunder are the personal privilege of Owner and are not assignable by Owner and may not be sublet. Any attempt to assign or sublet by Owner is a default under this Agreement, is void, and shall entitle Banyan Bay Marine Center to immediately terminate this Agreement.
9. Insurance — Contractors.
a. In order to induce Banyan Bay Marine Center to enter into this Agreement, and in partial consideration for the pricing structure provided herein, Owner hereby represents and warrants to the marina that Owner shall, at all times during the term of this Agreement, at Owner’s sole cost and expense, maintain with an insurance company acceptable to Banyan Bay Marine Center’s policy with limits regarding theft or destruction of the Boat of at least the value of the Boat and sufficient liability limits for personal injury and destruction of property naming Banyan Bay Marine Center as an additional insured. Owner shall provide Banyan Bay Marine Center with (i) a certificate of an authorized insurer or broker evidencing coverage upon execution of this Agreement, and (ii) no later than 30 days prior to expiration of a policy, a replacement certificate of insurance or other evidence of the renewal or replacement of the policy. All policies of insurance shall require 30 days advance notice by the insurance company to Banyan Bay Marine Center of any amendment or cancellation and the certificate shall so confirm.
b. OWNER SHALL NOT PERFORM OR AUTHORIZE ANY OUTSIDE VENDOR TO PERFORM ANY MECHANICAL WORK ON THE BOAT WHILE ON Banyan Bay Marine Center PROPERTY WITHOUT THE WRITTEN CONSENT OF THE MARINA. Only persons authorized by Banyan Bay Marine Center shall be permitted to make inspection, installation, repair or work on the Boat while at the Marina and Owner will neither suffer nor cause any lien to accrue against the Boat superior to any lien of Banyan Bay Marine Center. If approved by Banyan Bay Marine Center, any contractors employed by Owner shall (i) after registration at Banyan Bay Marine Center’s office and prior to beginning work, provide proof of workers compensation insurance and evidence of insurance naming Banyan Bay Marine Center as additional insured substantially in compliance with the terms set forth herein with limits of not less than S1,000,000.00 per occurrence; and (ii) comply with all applicable laws ordinances and obligations imposed by any governmental authority.
c. Banyan Bay Marine Center shall have no obligation to move the Boat (and may refuse to do so) if any insurance required in this Section 9 is not in place.
10. Access to Boat. Owner authorizes Banyan Bay Marine Center and employees, officers, agents, licensees, independent contractors and others acting for or on behalf of Banyan Bay Marine Center (the “Marina Agents”) to board, relocate and operate the Boat upon Marina property, environs, and adjacent waters for inspection, relocation, repair, testing, maintenance or other reasons within the discretion of Marina Agents. Notwithstanding the foregoing, neither Banyan Bay Marine Center nor Marina Agents shall be obligated to board, operate, inspect, transport, relocate. repair or test the Boat.
11. No Warranties. Banyan Bay Marine Center makes no warranties, express or implied, as to the condition of’ the Slip or the Marina (including floats, walkways, gangways, ramp, gear and related items) or the suitability of’ the Slip and the Marina for Owner’s intended purposes. If’ construction of’ the Marina is completed at the time this Agreement is signed, Owner acknowledges that Owner has had an opportunity to inspect the Marina and the Slip prior to execution of’ this Agreement and agrees to accept the Marina and the Slip in their current condition. If construction of’ the Marina is not completed at the time this Agreement is signed, then at the time of completion, Owner shall promptly inspect the Marina and Slip and will be deemed to have agreed to accept the Marina and the Slip in their then current condition.
12. Holding Over. If’ the Boat remains at the Slip following termination of’ this Agreement, and without otherwise limiting the rights of the marina hereunder, Owner shall be deemed to be holding over and shall pay Banyan Bay Marine Center double the rate for storage that Owner had been paying immediately prior to the termination and this double rate shall apply for each day the Boat continues to be stored in the Slip. Banyan Bay Marine Center may, at its sole discretion, chain the Boat or Slip and/or exclude Owner from access to the Marina.
13. Owner’s Representation and Warranty Regarding Fitness for Hauling. Owner represents and Warrants to Banyan Bay Marine Center that Owner is familiar with the condition of the Boat, has inspected it prior to its hauling, and that the Boat is in a condition fit for hauling by a forklift, travel lift, Vertical Yacht Storage System or any other suitable method of hauling. In the event the Boat has a step-down hull or other unconventional hull, Owner represents that hauling the Boat with the Marina’s hauling method and/or equipment is acceptable to Owner.
14. Owner’s Responsibility Regarding Drain Plug. Owner agrees to inspect or cause an Owner’s Agent to inspect the Boat prior to any launching to make sure that a drain plug is properly installed into the Boat.
15. Cumulative Remedies; No Waiver. Remedies of Banyan Bay Marine Center shall be cumulative to the extent not prohibited by law, the exercise of any remedy not precluding any others. Should litigation arise hereunder, including appeals, Owner agrees to pay reasonable attorney’s fees of Banyan Bay Marine Center, it successors, assigns and lessors. Neither modification nor waiver by Banyan Bay Marine Center of any provision herein shall be effective unless expressly set forth in writing signed by the marina, and then only to the extent thereof. No waiver by Banyan Bay Marine Center shall be continuing.
16. Disclaimer of Liability . Owner hereby releases Banyan Bay Marine Center and the Marina Agents from any loss, damage (direct, indirect, incidental or consequential), expense or injury (collectively “Injury”) to Owner, any other person, the Boat arising out of or in connection with this Agreement, whether such Injury is caused by or through the acts or omissions of the Marina or by any other cause whatsoever, including Banyan Bay Marine Center’s negligence, except any Injury which results from the Marina’s gross negligence or willful misconduct. The foregoing release shall include. but not be limited to, Injuries due in whole or in part to (unless any such Injury results from the gross negligence or willful misconduct of Banyan Bay Marine Center or any Marina Agent):
a. accident, fire, theft, vandalism, collision, Marina equipment failure, or other cause or causes beyond the reasonable control of the Marina, or any combination of the same, or any wrongful delivery of the Boat;
b. emergency, natural disaster, hurricane, tropical storm, high winds, windstorm, rain, rising water, water damage, flying debris, Act of God, or destruction of building;
c. damage of any type to the Boat, any vessel, vehicle, or property from any animals, birds or insects, domestic or wild which may enter the Marina grounds, docks, property, or buildings, with or without the knowledge of the Marina whether or not the Marina has in force any device to repel, capture, or are trying to catch, trap, repel, eradicate, or remove any animals, birds or insects from Banyan Bay Marine Center’s property;
d. damage, theft or destruction of the contents of the Boat;
e. damage to the Boat from hauling or launching;
f. any maintenance and/or cleaning of any portion of Boat while stored at the Marina (other than as may be included and/or specified in a specific description of work agreed to be performed by the Marina);
g. damage to the B from hauling or launching
h. any and all to the Boat below the water line and all damage caused by failure to properly use and install drain plug; or
i. Owner’s Boat while being operated, occupied, or under the control of or located at the Marina, including contiguous property and adjacent waterway
17. Indemnity and Limitation of Liability.
A. OWNER SHALL PROTECT, INDEMNIFY AND HOLD HARMLESS BANYAN BAY MARINE CENTER AND THE MARINA AGENTS FROM ANY CLAIM, DEMAND, SUIT, LOSS, ACTION, DAMAGE, LIABILITY, JUDGMENT OR EXPENSE (INCLUDING ATTORNEYS’ FEES)) OF ANY NATURE ARISING FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY ACTS OR OMISSIONS OF OWNER OR ANY OWNER AGENT (AS DEFINED BELOW), WHETHER SUCH CLAIM, DEMAND, SUIT, LOSS, ACTION, DAMAGE, LIABILITY, JUDGMENT OR EXPENSE IS CAUSED BY OR THROUGH THE ACTS OR OMISSIONS OF THE MARINA OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING THE MARINA’S NEGLIGENCE, EXCEPT ANY CLAIM,
DEMAND, SUIT, LOSS, ACTION, DAMAGE, LIABILITY, JUDGMENT OR EXPENSE WHICH RESULTS FROM THE MARINA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
B. OWNER WAIVES ANY RIGHT TO PETITION FOR EXONERATION FROM OR LIMITATION OF LIABILITY UNDER THE LAWS OF THE UNITED STATES IN THE EVENT THE BOAT IS INVOLVED IN ANY CASUALTY RESULTING IN PERSONAL INJURY, DEATH OR PROPERTY DAMAGE WHILE DOCKED OR STORED AT THE MARINA OR IN CONNECTION WITH THIS AGREEMENT. IN CONSIDERATION OF THE STORAGE FEES SET FORTH IN THE AGREEMENT, OWNER WAIVES ANY RIGHT OR CLAIM AGAINST BANYAN BAY CENTER FOR DAMAGE SUSTAINED BY OWNER WHICH IS COVERED BY ANY INSURANCE POLICY, AND OWNER SHALL CAUSE OWNER’S INSURANCE CARRIERS TO WAIVE THEIR RESPECTIVE RIGHTS OF SUBROGATION WITH RESPECT TO THE SAME, AND TO SO NOTIFY BANYAN BAY MARINE CENTER. THE SLIP AND THE MARINA ARE TO BE USED AT THE SOLE RISK OF OWNER, AND OWNER HEREBY ASSUMES SUCH RISK, EXCEPT ANY SUCH RISKS RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BANYAN BAY MARINE CENTER OR ANY THE MARINA AGENT. OWNER UNDERSTANDS THAT BANYAN BAY MARINE CENTER DOES NOT CARRY OR MAINTAIN ANY INSURANCE COVERAGE FOR THE PROTECTION OF OWNER OR THE BOAT.
C. IN THE EVENT BANYAN BAY MARINE CENTER HAS LIABILITY TO OWNER BASED HEREUNDER OR FOR ANY CAUSE WHATSOEVER, INCLUDING THE MARINA’S NEGLIGENCE, BANYAN BAY MARINE CENTER’S LIABILITY IS LIMITED TO, AND SHALL NOT EXCEED, (1) AN AMOUNT EQUAL TO THE STORAGE FEES PAYABLE BY OWNER HEREUNDER OR (2) FEES FOR ONE STORAGE YEAR, WHICHEVER IS LOWER.
18. Conduct. Owner for himself and Owner’s Agents, as further defined herein, represents that each will abide by the terms hereof and will prudently use, operate, maintain, and care for the Boat to avoid risk of harm and hazard to the Boat, Marina property and
environs, and other persons and property. The conduct at the Marina of’ Owner, any member of’ Owner’s family and any of’ Owner’s employees, agents, guests, invitees, licensees and others acting by, through, or under Owner (the “Owner’s Agents”) shall be the sole responsibility of’ Owner. Conduct by Owner or Owner’s Agent that might disturb or cause harm to any person, damage property, be a nuisance or harm the reputation of’ Banyan Bay Marine Center (including use of’ drugs or becoming intoxicated by alcohol) shall, at the option of’ Banyan Bay Marine Center, be cause for immediate termination of’ this Agreement by Banyan Bay Marine Center.
Disorderly conduct or intoxication shall be presumed if’ (i) Banyan Bay Marine Center shall require the assistance of’ the Sheriff’ or other law enforcement to deal with Owner or any Owner’s Agent, (ii) Owner or any Owner’s Agent engages in the physical assault of another person or that person’s property, or (iii) one or more users of’ the Marina files a complaint with Banyan Bay Marine Center concerning the intoxication of’ Owner or any Owner’s Agent. Disorderly conduct or intoxication by Owner or any Owner’s Agent shall be deemed a nuisance.
19. Boat Owner’s Responsibility for Damage and the Environment. Owner shall be responsible for and shall promptly, upon demand, pay Banyan Bay Marine Center for any damage caused to the Marina by Owner, the Boat or any Owner’s Agents. Owner shall, in and around the Marina, comply with all laws, rules and regulations concerning the protection of’ the environment and pay Banyan Bay Marine Center for any damage, expense or liability incurred by Banyan Bay Marine Center due to Owner’s or any Owner’s Agent’s failure to comply with such laws and regulations or due to any pollution created by, caused by, or contributed to by Owner or any Owner’s Agents. Owner shall not release or permit to be released, by action or inaction, any hazardous waste or environmentally objectionable substances, including oil, gasoline or untreated sewage (“Hazardous Substances”) into the water or land of’ the Marina. The costs for which Owner and Boat may be responsible including, but are not limited to, the costs of’ booms, absorbent pads, disposal of’ the Hazardous Substance, cleanup oversight by governmental agencies and Marina Agents, and any legal fees incurred in defense of’ any violations. Owner shall be responsible for reporting and cleaning up any such release. Owner shall report any release to the Marina manager and shall keep Banyan Bay Marine Center informed on a daily basis of’ Owner’s actions with respect to any clean up. If’ the Marina is not satisfied, in Banyan Bay Marine Center’s sole discretion, with Owner’s actions in reporting and cleaning up a release, Banyan Bay Marine Center may take any action it deems appropriate regarding the release, at Owner’s expense. This provision is in addition to, and not in lieu of, the indemnity provision set forth in this Agreement.
20. Security Service. Owner acknowledges that any security service provided by Banyan Bay Marine Center is a courtesy only and that the Marina bears no liability or responsibility in the event that Owner’s or Boat’s security is breached, unless such security is breached as a result of Banyan Bay Marine Center’s or any Marina Agent’s gross negligence or willful misconduct.
21. Notices and Addresses. Any notice hereunder shall be in writing and shall be deemed to be given if and when it is personally delivered, e-mailed or faxed to the other party or three days after it is deposited in the mail, addressed to the other party at the addresses set forth in this Agreement. Owner is responsible for informing Banyan Bay Marine Center of Owner’s most current address and phone number.
22. Joint and Several Liability. The obligations of the Boat and each person executing this Agreement as Owner, are joint and several, and any act or signature of, or notice or refund to any one or more of them with respect to this Agreement shall be fully binding upon each of them.
23. Lien on Boat. Owner acknowledges that Banyan Bay Marine Center has, and shall have, a lien upon the Boat for unpaid sums due to the Marina hereunder, including, without limitation, for Storage Fees, the use of its facilities, costs of repairs, improvements, or other work, or for damage caused or contributed to by the Boat or Owner or any Owner’s Agents, to any docks or property of Banyan Bay Marine Center, or any other person at the Marina occasioned by the use or misuse of the Boat. It is agreed and understood that in the event any Storage Fees and other charges as aforesaid are not paid when due and such non-payment is continued then, with or without litigation or foreclosure of such lien, the Boat may be sold at public or private non-judicial sale (pursuant to Florida Statutes, Chapter 328, or as amended) by Banyan Bay Marine Center for charges, together with such costs and expenses as may be incurred in conjunction with such sale, including but not limited to, a sales commission and attorneys’ fees and costs. Such lien shall extend to the Boat wherever located, and Banyan Bay Marine Center shall be entitled to possession of the Boat to enforce its lien and other rights. This provision is not in lieu of but in addition to any State or Federal maritime lien. Anything to the contrary notwithstanding, all work orders are payable upon presentation of bill.
24. Attorney’s Fees. Owner agrees to pay Banyan Bay Marine Center’s attorneys’ fees incurred whether for the purpose of collection, filing suit (including appeals), perfecting mechanic’s liens, or otherwise incurred without regard as to the outcome of any action, including a defense in an action brought by Owner against Marina arising out of or stemming from the work specified on the description of work and/or for Storage Fees.
25. Severability. If any provisions contained in this Agreement between the parties shall be held to be invalid, illegal, or unenforceable in any respect, this shall not affect any other provisions and this Agreement shall be construed as if such provision had never been contained in this Agreement.
26. Entire Agreement. This Agreement is the entire agreement between the parties and supersedes all prior agreements. No modification or amendments to this Agreement are valid unless in writing and signed by both parties.