Lessor shall retain the right to designate slip space. Every effort shall be made to assign Lessee the slip space of his/her choice; however the judgment of the Dock Master shall also be a relevant factor in the assignment of slip space.
The Lessor reserves the right to rent slips to transients when not occupied by the lessee, and may refuse to rent slip space to any person for any reason.
Lessee agrees not to sell, transfer, assign or permit the use of his/her assigned slip space without the express written consent of the Lessor.
If Lessee desires to dock a boat other than the craft referenced on page 1 of this agreement, he/she must obtain the written permission of Lessor and pay any additional charges.
Lessee agrees that all mooring devices, dock lines and fenders, however provided, are solely the property of the Lessee; and agrees to release and discharge Lessor from any and all responsibility or liability for injury, loss or damage caused by failure of same.
Lessee agrees not to hold Lessor liable for any loss caused by any delay in launching, winter storage, transporting or commissioning, caused by weather or any other event beyond the control of Lessor.
Lessor does not guarantee that electrical service provided, if any, shall be continuous. Lessee shall not use the marina’s electrical outlets to operate power tools, equipment, machinery, etc. unless written permission has been given by Lessor. Lessor may charge for electrical service or connections.
Use of any open flame device, toxic chemicals or any hazardous equipment or supplies is prohibited.
Lessee shall use the docks and attached facilities for reasonable and typical boating activities. Lessee shall keep the dock area clear of all gear, tackle and other obstructions. Lessee shall not cause damage to the docking facility through excessive wear and tear, create any unnecessary disturbance of nuisance, or store rubbish on the docking facility. Garbage shall be placed in containers so provided.
If Lessee violates any of the provisions and/or terms and conditions contained in this Agreement, Lessor shall have the option of terminating this Agreement. If the rent is current, Lessee must remove his/her boat from the marina.
Lessor shall have statutory maritime liens (state and federal) upon the boat, motor and attached equipment to secure any and all services and materials supplied to Lessee by Lessor during the term of this Agreement, and/or unpaid rent, and/or damages to possessory lien and the right to hold the boat until all such sums due are paid. Upon failure of Lessee to pay any sum due, Lessor may give Lessee thirty (30) days prior notice to its intent to dispose of the boat pursuant to any of the methods set forth in N. C. Gen. Stat, 25-9-594 and apply any sale proceeds as therein provided.
Lessee shall not remove his/her boat from the rented slip space until all charges secured by the liens described in paragraph 12 have been paid in full.
Lessee agrees to reimburse Lessor for reasonable attorney fees and cost relating to a suit or other collection efforts by Lessor against Lessee to collect any amount due and secured by the liens described in paragraph 11 of this Agreement.
If Lessee fails to remove in a timely manner his/her boat and equipment from the rented slip space at the termination of this Agreement, Lessor shall have the option of: a) charging Lessee daily rent on a pro rata basis for the slip occupied; or b) taking possession of the boat and equipment and locking it to the dock space occupied; or c) moving the boat and equipment to another location; or d) pursuing any other remedy available under law; including those specified in paragraph 11.
INSURANCE: Lessee agrees to have the watercraft covered by a full marine insurance package (hull coverage as well as indemnity and liability coverage). Lessee agrees to release and discharge Lessor from any and all responsibility or liability for injury (including death), loss, or damage to persons or property in connection with Lessor’s docking facility or marina. This release and discharge shall cover without limitation and loss of damage resulting from Lessor’s employees parking or hauling Lessee’s boat, vandalism, theft, fire, high/low water, wind, collision, ice, rain or any other act of God.
If Lessee fails to make his/her slip space rental payments, Lessor may use either of the remedies set forth in paragraph 12 or 15. If Lessor chooses 15 (c), Lessor may rent the space to another Lessee.
All boats must be kept in a seaworthy and ship-shape condition both mechanically and visually in the opinion of the Lessor, and must be capable of leaving the marina harbor and dock under their own power.
No overboard toilet discharges are to be made at pier or moorings or in the HMC marina; restrooms are available on shore with night keys available.
No oil, gasoline, or cleaning substances may be discharged or dumped overboard at the HMC marina.
No “For Sale” signs are to be posted on boats or piers at HMC Marina, as prosecution for theft and/or trespassing then becomes difficult.
The Lessor will not be held responsible for damage to Imron, Awlgrip and/or similar finishes while moving Lessee’s boat.
Pets are permitted so long as they do not disturb other guests, they are kept on a leash, and waste is disposed of.
No clothes may be laundered or dried outside boats in view of other guests. Laundry facilities are provided by Lessor.
