storage terms and conditions

The Owner hereby agrees to store and service the Boat with Marine Plaza under the following Terms and Conditions: 1. PAYMENT TERMS All accounts are payable in full as of the Storage Start Date as defined herein, or upon completion by Marine Plaza of the Winterization Services described herein; whichever occurs first. Marine Plaza shall charge, and the Owner shall pay interest at a rate of 1.5 % per annum or per month on any unpaid balance. 2. WAIVER OF LIABILITY Owner to Initial to Acknowledge this Waiver of Liability (a) The Owner acknowledges that Marine Plaza does not assume any duty to care for the Boat, Engine, Trailer and Additional Equipment or to prevent loss or damage thereto while the same is under the control and direction of Marine Plaza or is on Marine Plaza's premises; (b) Except for the gross negligence or fraud of Marine Plaza, the Owner hereby releases Marine Plaza from liability for any damage, expense or loss to the Boat, Engine, Trailer and Additional Equipment however caused by Marine Plaza, its employees, agents or representatives or otherwise, while the Boat, Engine, Trailer and Additional Equipment are under the control and direction of Marine Plaza or are on Marine Plaza's premises. The Owner hereby releases and discharges Marine Plaza, its employees, agents or representatives from all actions, causes of action, claims and demands in any way related to this License; and (c) The Owner further releases and forever discharges and holds harmless Marine Plaza from any and all liability, claims and demands of whatever kind of nature including but not limited to, any loss, damage, injury, including death, or expense that the Owner may suffer, either directly or indirectly, either in law or in equity, which arise, or may hereafter arise from my use of Marine Plaza and its premises, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act, R.S.O. 1990, c.0.2, on the part of Marine Plaza. 3. DAMAGE The Owner hereby agrees to reimburse or indemnify Marine Plaza for any damages caused to any property of Marine Plaza and for any sums required to be paid to anyone by Marine Plaza, its agents or representatives as the result of the use of or presence on Marine Plaza premises of the Owner, the Boat, Engine, Trailer and Additional Equipment. 4. While the owners and guests are attending the property stored on Marine Plaza property, proper clothing, shoes and protective gear must be worn at all times and Marine Plaza discharged of any personal liability to injury or death. 5. INSURANCE The Owner hereby agrees to maintain adequate insurance coverage on the Boat, Engine, Trailer and Additional Equipment while the Boat, Engine, Trailer and Additional Equipment are under the control and direction of Marine Plaza or are on Marine Plaza's premises. 6. CLAIM FOR LIEN The Owner acknowledges that Marine Plaza shall have a lien against the Boat, Engine, Trailer and Additional Equipment for all unpaid sums due to Marine Plaza under this License. Marine Plaza shall be entitled to liens pursuant to the Repair and Storage Liens act, R.S.O. 1990, c. R-25, as amended and any successor statutes. Marine Plaza shall be entitled to retain possession of the Boat, Engine, Trailer and Additional Equipment until payment is received by Marine Plaza of all sums owing by the Owner or until the Boat, Engine, Trailer and Additional Equipment are disposed of in accordance with the Repair and Storage Liens Act. 7. LICENCE ONLY The Owner expressly acknowledges that this License shall create a license between Marine Plaza and the Owner wherein the Owner is licensed to use the storage space and area from time to time designated by Marine Plaza for the storage of the Owner's Boat, Engine, Trailer and Additional Equipment. 8. LOCATION FOR STORAGE This License shall not grant to the Owner any right, title, claim or interest in or to any specific storage space or area. Marine Plaza may determine, at its sole discretion, where the Boat, Engine, Trailer and Additional Equipment are to be stored. Marine Plaza, at its sole discretion and without notice to the Owner, may relocate the Boat, Engine, Trailer and Additional Equipment from time to time as it may deem necessary. 9. NO DUTY TO INSPECT OR MAINTAIN (a) Marine Plaza shall have no obligation to inspect or provide maintenance or repair for the Boat, Engine, Trailer and Additional Equipment except as authorized and directed by the Owner pursuant to this License; and, (b) Marine Plaza shall have no obligation to maintain or repair the covering or shrink wrapping that has been applied to the Boat, Engine, Trailer and Additional Equipment by Marine Plaza or on behalf of the Owner, except as authorized and directed by the Owner pursuant to this License; and, (c) Marine Plaza shall have no obligation to notify the Owner of the necessity for any maintenance or repairs of the Boat, Engine, Trailer and Additional Equipment during the duration of this License. 10. SNOW REMOVAL Except where the Owner has authorized and instructed Marine Plaza to shrink wrap the Boat, Engine, Trailer and Additional Equipment pursuant to this License, Marine Plaza shall have no obligation to remove snow or ice from the Boat, Engine, Trailer and Additional Equipment, or to notify the Owner of the necessity for any such snow or ice removal. Marine Plaza shall not be responsible for any loss, damage, cost or expense relating to the removal or non-removal of snow or ice from the Boat, Engine, Trailer and Additional Equipment. 11. AUTHORITY OF CORPORATION TO EXECUTE LICENCE If the Owner is a corporation: (a) The Person signing this License hereby acknowledges that he or she has the authority to bind the corporation; and, (b) The Owner has all necessary corporate power, authority and capacity to enter into this License and to perform its obligations under this License; and, (c) The execution and delivery of this License and the consummation of the transaction contemplated under it have been duly authorized by all necessary corporate actions on the part of the Owner. 12. ENTIRE LICENSE This License shall constitute the entire license between the parties and there is no representation, warranty, condition or collateral agreement affecting this License other than as expressed herein. This License may be amended only in writing upon written consent of Marine Plaza and Owner. This License governs the terms and conditions for the specified services offered by Marine Plaza and such conditions and adjusted terms will be extended at the discretion of Marine Plaza until the property is removed from the site or a new form of license is established. Any outstanding accounts shall be levied a 1.5% monthly carrying charge on ay overdue accounts. 13. SUCCESSORS This License shall be binding on each of the parties hereto, their respective heirs, executors, administrators, personal representatives, successors and assigns. 14. SEVERABILITY The Owner agrees that all provisions to this License are severable. If any provision is held to be invalid, it shall not affect the other provisions, which shall be given full force and effect. 15. JURISDICTION This License shall be read with all changes of gender and number required by the context. This License and the affairs of the parties shall be governed by the laws of the Province of Ontario and the venue for any legal dispute shall be the jurisdiction in which Marine Plaza is located. 16. The Owner, crews and guests must follow the Clean Marine Policy as outlined by the Marine's Clean Marine Program.
WARNING TO BOAT OWNERS YOU SHOULD INFORM YOUR INSURANCE COMPANY THAT YOU HAVE SIGNED THIS LICENSE AS IT MAY INVALIDATE YOUR INSURANCE UNLESS YOU HAVE THE CONSENT OF THE INSURANCE COMPANY IN WRITING.