Ocean Beach Marine
Centers
Terms and C
ondi
t
ion
s
1. Live-Aboard's -OBM does not permit any Live Aboards without prior written approval from Management. A live-aboard is defined as a
customer who resides on a boat for any consecutive period of 8 nights or 12 or more days in any day 30 period. Live-aboards will be
charged a fee in addition to any other contract amount.
2. Limits of Liability
2.1 OBM shall not be liable or responsible for any injury, personal injury, damage or loss (including death) of any kind to any person
including the Boat Owner, Boat Owners family members, guests, agents or invitees, whether caused by negligence of, or the acts
or omission of OBM, its officers, agents or employees, or any other cause whatsoever, excepting only gross negligence and
intentional acts.
2.2 OBM shall not be liable or responsible for any property damage or loss of any kind to any person including the Boat Owner, Boat
Owners family members, guests, agents or invitees, whether caused by negligence of, or the acts or omission of OBM, its officers,
agents or employees, or any other cause whatsoever, excepting only gross negligence and intentional acts.
2.3 Boat Owner for himself and assigns hereby knowingly, irrevocably and expressly waives any and all rights and/or subrogate cause
o
f
action and/or claims that Boat Owner may have against OBM and its officers, employees, agents, successors and assigns and
covenants and guarantees to them that Boat Owner shall not make such assignment (s). This provision is and is intended by the
parties to be a waiver of subrogation clause and/or right to assign causes of action or claims Boat Owner may have against OBM its
officers, agents, employees and successors.
3. Liability Insurance - The Boat Owner is responsible for carrying adequate liability insurance on the vessel to cover damage that the vessel
may do to property belonging to OBM or to other slip customers. No vessel will be allowed in the marina without adequate insurance.
OBM reserves the right to demand proof of insurance.
4. Indemnification - Boat Owner agrees to defend, indemnify and hold harmless OBM, its managers, agents and assigns for any and all
claims, damages, losses, demands, causes of actions or liabilities of any kind, including attorneys fees, for personal injuries, including
death, damage to property arising out of the use by Boat Owner (including boat owners family, employees, agents, guests or invitees
including business invitees) of the vessel, or the mooring of the Vessel by Boat Owner.
5. No Warranties- Boat Owner shall license the slip from OBM in its "as is" condition.
6. Sunken Vessel - In the event that Boat Owners vessel sinks in its slip or within the marina grounds, Boat Owner will commence salvage
activities within 24 hours notice by OBM that such sinking has taken place. Failure to commence such salvage action within the
prescribed time shall give OBM the right to salvage the vessel and Boat Owner shall reimburse OBM for all expenses incurred in the
salvaging or attempted salvaging of the vessel.
7. Removal of Vessel upon Termination - Upon termination for any reason or expiration of this license agreement, Boat Owner shall remove
the vessel from marina property within two (2) days notice.
8. Non-transferability - Boat Owner shall not assign, transfer, sublet or permit the use of assigned space to any other party without written
consent of OBM.
9. Termination of Contract - Any failure by Boat Owner to comply with each said terms shall constitute a default by Boat Owner and shall
give OBM the right at its option to terminate this Agreement and any license Boat Owner may have hereunder. Boat Owner additionally
agrees that OBM may terminate, change or modify this Agreement at any time and for any reason. This Agreement constitutes a
revocable license. If upon termination the Boat Owner refuses to vacate the slip or dock space, the Boat Owner agrees that OBM may
haul the vessel and retain possession of the vessel until all outstanding balances, including fees for the hauling and storage related to
collection, have been satisfied.
10. Moorage is "At your own Risk" - OBM does not assume any responsibility for fire, theft, or damage incurred by vandalism, riot, civil
disorder, Act of God (including but not limited to damage caused by storms), or any other reason; to any boar or other personal property
within the limits of the marinas boundaries in the water or on land.
11. No Landlord/Tenant Relationship Created - Nothing in this Agreement shall be interpreted as to create a Landlord/Tenant relationship.
This Agreement is a revocable license and Boat Owner acknowledges and agrees that it does not grant any interest in real property of
any kind.
12. Miscellaneous Provisions
12.1 Noise should be kept to a minimum at all times - especially between 10 PM and 7Am. Please be courteous to your neighbors.
12.2 Use of bicycles, scooters, skateboards and motorized vehicles are strictly prohibited on the docks and piers.
12.3 It is the sole responsibility of the Boat Owner to secure their boat to pilings and piers. All boats must be secured as to not cause
damage to surrounding property.
12.4 In the event of a storm or other natural disaster, OBM requires all boat owners to add additional lines needed to secure their vessel
sufficient to weather the storm.
12.5 Due to limited parking available for our guests, no trailer may be stored on OBM property.
12.6 Pets are permitted as long as they do not disturb other customers. Pets must be leashed at all times (Please remember that no
matter how friendly you think your pet is not all of our customers necessarily share your same feelings). The town ordinance for
waste removal by owner must be observed.
