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Please Note
IN
SIGNING THIS AGREEMENT, THE OWNER(S) ACCEPTS AND ACKNOWLEDGES
THE FOLLOWING TERMS AND CONDITIONS WHICH PERTAIN TO THE BOAT,
MOTOR AND EQUIPMENT DESCRIBED ON THE FACE OF THIS AGREEMENT
HEREINAFTER REFERRED TO AS THE “BOAT’.
I / We
the sole Owner(s) of the boat agree that the Marina is released
from liability for damages or loss no matter how it occurs to
the boat, motor and equipment while under the control and
direction of the Marina, and agree that the above property is
insured by me/us against
any
loss or damage while on the premises, (on
land or in water) of the Marina.
The
Marina shall have a lien against the boat, gear and contents for
unpaid sums due for use of the Marina facilities, repairs and
sales and/or leasing of parts and accessories or for damage
caused or contributed by the boat or by the Owner(s) to any
docks or property of the Marina or any other person on the
Marina premises. In addition to the liens provided for, the
Marina shall have liens under The Warehousemen’s Lien Act
(Ontario) and the Mechanic’s Lien Act (Ontario) or such other
replacement or successor statues.
It is
expressly acknowledged that this Berthage Agreement shall create
a license agreement between the Marina and the Owner(s) wherein
the Owner(s) is licensed to use the storage space and area, from
time to time, designated by the Marina, for the berthage of the
Owner’s Boat. The Owner(s) agrees that the Marina does not
assume any duty to care for the boat or to prevent loss or
damage thereto except, and only except, when the Marina performs
work on the Boat.
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