Terms and Conditions

Boathouse Marine, Inc. Online Hold Harmless / Waiver of Liability Agreement

NOTICE: By checking the box and/or submitting payment, you (“Customer”) acknowledge that you have read, understood, and agree to the terms and conditions outlined by Boathouse Marine, Inc. (“Company”).

1. Acknowledgment of Risk

Customer acknowledges that any marine services, boat repair, maintenance, leaning, or installation (“Services”) carry inherent risks of damage, loss, or injury, including but not limited to:

• Damage to the vessel, trailer, equipment, or personal property;
• Bodily injury to Customer, passengers, or third parties; and
• Property damage arising from equipment failure or subcontractor actions

Customer expressly assumes all risk associated with the Services.

2. Waiver and Release

To the fullest extent permitted by law, Customer waives, releases, and forever discharges Boathouse Marine, Inc., its owners, officers, employees, agents, subcontractors, and affiliates (“Released Parties”) from any and all claims, demands, causes of action, damages, liabilities, or expenses, whether known or unknown, arising from or related to the Services, including but not limited to:

• Any personal injury, death, or property damage;
• Any delay, defect, or loss resulting from subcontractor or Company actions; and
• Any claim related to negligence, except to the extent prohibited by Florida law.

3. Indemnification

Customer agrees to indemnify, defend, and hold harmless the Released Parties from any claims, lawsuits, damages, costs, or attorney fees arising out of Customer’s use of the Services, ownership of the vessel, or actions/omissions by Customer or any third party connected to the vessel. This includes any claims brought by passengers, guests, marina operators, or other third parties.

4. Lien, Possession, and Sale Rights

Customer acknowledges and agrees that:

1. Under Florida Statutes §§713.58 and 713.60, Boathouse Marine, Inc. (“Company”) retains a possessory lien on any vessel, motor, trailer, or equipment in its care for all unpaid charges, labor, materials, storage, and related expenses.
2. The Company is not required to release possession of any vessel or property until all invoices, fees, interest, and charges have been paid in full.
3. If payment is not made when due, the Company may, at its sole discretion: (i) Continue to charge daily storage fees, administrative costs, and interest; (ii) Retain possession of the vessel until all sums owed (including accrued charges) are fully paid; (iii) Enforce its lien and sell the vessel or property at public or private sale after the required statutory notice; and (iv) Apply all proceeds of such sale toward payment of the amounts due.
4. The Company shall have sole and absolute discretion to determine: (i) The amount, type, and reasonableness of any costs or charges incurred, including storage, administrative, legal, and sale preparation costs; (ii) The manner and timing of any sale; and (iii) The sale price or minimum acceptable bid for the vessel or property.
5. Customer agrees that all such charges and determinations by the Company shall be conclusive and binding, and that all expenses, attorney’s fees, lien processing charges, and administrative costs shall be recoverable by the Company prior to any disbursement of surplus funds.
6. Any surplus proceeds, after deduction of all such amounts, shall be remitted as required by applicable Florida law.

5. No Liability

Customer agrees that Boathouse Marine, Inc. shall have no liability for any loss, damage, injury, or claim, and that payment for Services does not create any obligation or warranty beyond those explicitly stated in writing by Company.

6. Online Acceptance and Record Retention (All Work Covered)

Customer acknowledges that:

1. Checking the box below constitutes a binding legal agreement covering all services provided by Boathouse Marine, Inc., past, present, and future, including but not limited to repairs, maintenance, cleaning, installations, or any related work on Customer’s vessel(s).
2. Customer has read, understood, and voluntarily accepts all terms of this Agreement, including all waivers, indemnities, lien rights, and dispute resolution provisions.
3. Customer assumes all risks associated with the Services, and agrees that Boathouse Marine, Inc. shall have no liability beyond what is explicitly stated in writing.
4. Company may retain electronic records of acceptance, including timestamp, IP address, and payment confirmation, as evidence of Customer’s consent and agreement to this Agreement for all Services, past, present, and future.

☑ I have read, understand, and agree to the Boathouse Marine, Inc. Hold Harmless / Waiver of Liability Agreement.

By checking the box and submitting payment, Customer acknowledges this agreement is binding and enforceable and voluntarily accepts all risks.

7. Governing Law and Interpretation

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. It is the express intent of the parties that this Agreement be interpreted broadly, liberally, and in favor of Boathouse Marine, Inc., to the fullest extent permitted by law.

8. Dispute Resolution (at Company’s Sole Discretion)

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or any transaction with Boathouse Marine, Inc. (“Company”), the method of resolution shall be determined solely at the discretion of the Company.

The Company may, at its option and without limitation:

1. Require binding arbitration under the rules of the American Arbitration Association (AAA) in Florida;
2. Pursue relief in any state or federal court located in the State of Florida; or
3. Elect any other form of dispute resolution deemed appropriate by the Company, including mediation, settlement, or small claims proceedings.

Customer expressly waives any right to object to the Company’s chosen forum, venue, or method of resolution, and agrees to submit to the jurisdiction and venue selected by the Company.

Customer further agrees that any arbitration or litigation costs, attorney fees, and expenses shall be recoverable by the Company from the Customer in addition to any other remedies provided herein.

9. Interpretation; Headings. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The headings in this Agreement are for reference only and shall not affect interpretation.

10. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such
invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement.

11. Entire Agreement. This Agreement represents the entire understanding between the parties and supersedes all prior agreements, oral or written.