SEASON:
The Dockage season is understood to be from April 15th to November 15th of the contract year. This agreement is for one season only and it is agreed that LIYC is not obligated to provide the licensee with storage outside of the listed dates. All slip spaces must be vacated on or before November 15th of the contract year. Any vessels remaining in the slips after November 15th are subject to a fine of $5 per foot per day.
REGISTRATION, INSURANCE, COAST GUARD DOCUMENTATION:
The licensee agrees to keep the vessel fully insured, including hull coverage, indemnity and/or liability insurance for the duration of the season. The licensee is to provide a current copy of their insurance policy, registration and/or Coast Guard documentation prior to the start of the season and it is the licensee’s responsibility to notify the LIYC of any changes, expiration and/or cancellation. The licensee is responsible for ensuring the LIYC has a copy of the most up to date documentation.
USE OF VESSEL:
The vessel and mooring slip shall be used only for personal recreational purposes and may not be let or hired to others or used for any commercial purpose.
ASSIGNMENT AND SUBLICENSE:
The Licensee may not assign or sublease this license in whole or in part.
AUTOMOBILES & PARKING:
This licensee shall also entitle the Licensee to park one automobile at the LIYC, subject to the rules and regulations and at such location, as LIYC shall direct, from time to time. Any additional parking will be subject to availability.
INDEMNITY:
The Licensee shall indemnify and save harmless LIYC from and against any and all liability, damage, penalties or judgments, including attorneys’ fees, arising from injury to person or property sustained by anyone in and about the licensed premises and the adjacent docking facilities, shipyard and parking areas resulting from any act or acts or omission or omissions of Licensee or Licensee’s agents, servants, employees, contractors, guests or invitees. Licensee shall, at Licensee’s own cost and expense, defend any and all suits or actions (just or unjust) which may be brought against LIYC or in which LIYC may be impleaded with others upon any such above mentioned matter, claim or counter claims, except as may result from the acts set forth in the following paragraph.
OPERATOR’S LIABILITY:
Except for its affirmative acts or negligence or the affirmative acts or negligence of its officers, agents, servants, employees or contractors, LIYC shall not be responsible or liable for any damage or injury to any property, or to any person or persons, at any time on the licensed premises and the adjacent docking facilities, shipyard and parking areas, including any damage or injury to Licensee.
SECURITY & RISK OF LOSS:
Licensee expressly agrees and understands that LIYC shall not be responsible for providing any security services for the shipyard or parking facility. Licensee accepts all risk of loss and assumes all liability for Licensee’s vessel, personal property, and automobiles. LIYC shall not be liable for any such loss, theft or damage resulting from; vandalism, storms, weather conditions, and/or acts of God, fire, theft, malicious mischief, personal injury, property damage, incidents of third parties, moths, rust, water, leakage, breakage, vermin, abnormal high or low tides, theft, explosion, snow, ice, freezing, wind, sinking, however, arising exception as a result of direct active negligence of the marina. Licensee shall save LIYC harmless from any such loss or damage and the marina shall be under no obligation to insure the tenant’s boat, equipment or other property against any such loss or damage.
LICENSEE’S INSURANCE:
Licensee shall provide at Licensee's expense, and keep in force during the term of this license general public liability insurance, in a good and solvent insurance company or companies licensed to do business in the State of New York in the amount of at least $500,000 with respect to injury or death of any one person, $500,000 with respect to any one occurrence and $500,000 with respect to property damage. Long Island Yacht Club, LLC shall be named as an additional insured by such Certificate(s). If for any reason the policy lapses the liability of any occurrence, which may arise, will be borne personally by the person who signs this agreement.
SUBMERGED VESSEL:
If the Vessel should become submerged in the docking slip or within the docking facility, LIYC is hereby authorized but is not obligated to raise the vessel at Licensee’s expense and sole risk of loss.
ABANDONMENT:
In the event that the Vessel shall remain at the marina after the end date of the contract, it shall be deemed abandoned by Licensee to LIYC. LIYC may, but shall not be required to, secure and protect the vessel. Upon 10 days notice in writing by LIYC to Licensee at Licensee’s address set forth in the Docking License Agreement, which notice Licensee agrees is commercially reasonable, LIYC may sell the vessel at private or public sale for cash or upon such terms as LIYC deems reasonable. LIYC may purchase the vessel at public sale. The proceeds of sale shall be applied first to the expenses of sale, then to expenses reasonably incurred by LIYC in securing the vessel, then to any and all sums due to LIYC from Licensee all interest with the balance, if any, to Licensee. For the purpose of this provision, Licensee hereby appoints LIYC, or any officer of LIYC, as Licensee’s attorney-in- fact to execute any and all instruments on Licensee’s behalf reasonably necessary to effectuate this provision.
DESTRUCTION OF PREMISES:
In the event that the available docking space is damaged or destroyed so as in LIYC’s sole opinion to be generally unusable or unsafe to Licensee or others, LIYC may elect to terminate this License on five (5) days written notice. This License shall thereupon terminate.
HURRICANE & TROPICAL STORM
The LIYC marina is not a safe location for vessels during a Hurricane or Tropical Storm, its location places the facility either close to or directly in the path of these storms. We urge every vessel owner to have an individual Hurricane plan, designating an alternate berthing/storage location in the event of a storm. We recommend that you make sure your vessel insurance is current and that coverage is sufficient for vessel liability, damage, or loss. In the event of a hurricane and/or tropical storm, it is required that the owner vacate the LIYC marina within 24 hours of notice. Failure to comply with said notice conversed via email to the email address listed above; the vessel owner assumes all liability for any damage to the marina, adjacent docks, slip, facility and/or parking areas and agrees to pay for all such damages in its entirety.
REFUNDS:
Upon agreement of this contract by the Licensee, the LIYC is in no way obligated to refund any sum of deposits and/or payments toward the agreed upon Dockage fee set forth above in whole or in part it.
RENEWAL:
The term of this License is only for the season set forth above. Licensee expressly acknowledges that Licensee has no right to renew or extend this License. Any further grant of a Docking License shall be at LIYC’s sole discretion and upon such terms and conditions, as LIYC shall deem appropriate.
ADDITIONAL VESSELS:
Licensee may not store an additional vessel at the LIYC dock, beach, property, etc. Each additional vessel is required to have a separate contract and subject to availability and fees.
LEGAL FEES:
If Licensee shall at any time default hereunder or violate any term or condition of this License, and if LIYC shall, in connection therewith, retain its attorney to institute any action and/or render any other professional services, then Licensee will reimburse LIYC for the reasonable expenses of attorneys’ fees and disbursements incurred by LIYC.
SUBORDINATION:
This Agreement and all rights of the Licensee hereunder are and shall be subject and subordinate to the lien of any mortgage or mortgages which now or may hereafter affect the fee title of the licensed premises and rights hereby created, and to any modifications, renewals, extension or replacements of such mortgage or mortgages.
SPECIAL ADDITIONAL RISKS (SLIP NUMBERS 46 – 63): I ACKNOWLEDGE THAT THE DOCKING OF MY WATERCRAFT IN THESE SLIPS IN ADDITION TO THE NORMAL RISKS INVOLVES SPECIAL RISKS AND DANGERS, DUE TO THE LOCATION AS THEY ARE UNPROTECTED FROM WIND, TIDES AND ROUGH WATERS WHICH COULD RESULT IN LOSS OF OR DAMAGE TO THE WATERCRAFT AS WELL AS INJURY OR DEATH. I AM VOLUNTARILY DOCKING MY WATER CRAFT WITH THE KNOWLEDGE OF THE ADDITIONAL SPECIAL RISKS AND DANGERS INVOLVED AND ACCEPT AND ASSUME ANY AND ALL LOSS, DAMAGE, INJURY, OR DEATH THAT MAY ARISE DIRECTLY OR INDIRECTLY AS A RESULT OF DOCKING AND/OR MOORING MY WATERCRAFT. I FURTHER AGREE THAT THE LONG ISLAND YACHT CLUB AND ITS AFFILIATES or subsidiaries, , and any of their employees, agents, officers, directors or shareholders, (“the LIYC Parties'') WILL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, PERSONAL INJURY OR DEATH ARISING FROM OR RELATED TO MY DOCKING OF MY WATER CRAFT. On behalf of myself, my executors, administrators, heirs, next of kin, successors, and assigns, I hereby voluntarily release, forever discharge, and covenant not to sue the LIYC Parties for any and all liability, damages, claims, demands, losses or causes of action of any and every kind, including for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me and/or my estate, and arises directly or indirectly as a result of my docking of my Water Craft. I agree to indemnify and hold harmless the LIYC Parties from and against any and all liabilities, damages, claims, demands, losses, or causes of action of any and every kind (including attorney’s fees and costs), which are made or alleged by other individuals or entities and arise directly or indirectly as a result of my docking of my Water Craft, whether caused by my negligence or otherwise.
This Agreement shall be binding upon and inure to the benefit of all successors and assigns of both parties. I have read and understand THIS AGREEMENT, and intend my signature below to be a complete, unconditional AND VOLUNTARY release of all liability ARISING FROM DOCKING OF MY WATERCRAFT, to the GREATEST extent allowed UNDER New York Law.
CONDITIONS:
1) No work may be performed on any boat or portion of land owned by LIYC, or its exclusive marine service tenant, unless in writing by LIYC, except that owners are permitted to perform minor maintenance on the boat. Absolutely no outside contractors unless expressly approved by LIYC in writing.
2) The Licensee warrants that he/she owns the boat above and is responsible for said boat. The Licensee shall be responsible for damage that the boat listed above may cause to other boats or equipment in the marina or to the structures or facilities.
3) When a boat enters the property of LIYC, for the purpose of dockage, rental, sale, or any other purpose, it immediately becomes subject to the control of the marina and shall be located only where moved and maneuvered as directed. LIYC and its agents shall have the right to move the boat from one location to another from time to time at their discretion.
4) In the event of total loss to the boat, this agreement shall terminate as of the date a total loss to the boat is declared by the boat owner’s insurance carrier and written notice of declaration from the insurance carrier is received by LIYC.
5) The failure to make payment of all charges in accordance with this agreement shall create a lien upon the tenant’s property in the amount of such default pursuant to the lien law of the State of New York. LIYC, at its option, may declare this agreement terminated and the amount due from you will accelerate and be due immediately. LIYC shall have the right to take such steps, whether by sale of the boat/ property, as necessary for the recovery of the amount due from you. In the event that any amount due is not paid within fifteen days after notice of such lien has been given to Licensee by LIYC in writing sent to your address as herein set forth, LIYC may cause such boat or property to be sold either at public or private
sale and may first retain proceeds from the sale to satisfy any and all amounts. If the proceeds of a sale of your vessel do not cover your debt to LIYC then that amount not covered becomes the obligation of the signer of this contract, the Licensee agrees to pay it to LIYC at once. In the event of default by the Licensee, or other dispute, the Licensee agrees to waive trial by jury and agrees to reimburse the marina, in full, for any attorney’s fees and/or any other legal expenses incurred by reason of a breach of any of the provisions of the agreement.
6) LIYC shall have the right to move the boat in an emergency or to make repairs to LIYC facilities.
7) All responsible care will be taken by LIYC of Licensee’s property. However, LIYC assumes no responsibility for the safety of any boat in the marina, while afloat or otherwise.
8) LIYC does not employ guards or watchman upon its premises, nor is it under any duty or obligation to do so or to keep Licenses boat under surveillance at any time and the failure to maintain such a guard or watchman shall not be deemed to constitute negligence on its part. Nor shall the employment of such a guard or watchman be deemed to create any obligation on the part of LIYC for the care or safety of Licensees boat or equipment thereon.
9) LIYC does not guarantee continuity of electric power, water, and/or internet service.
RULES AND REGULATIONS:
VESSEL HANDLING: Vessel must be operated in and around the facility in a seaman like manner and in compliance with all laws and regulations. The Rules of the Road and maritime courtesies must be observed.
LINES, ETC.: Vessel owner shall supply and properly maintain all necessary dock and mooring lines, fenders, water hoses and all other equipment required for the safe mooring of the vessel. All dock and mooring lines, fenders, water hoses and all other equipment must be removed upon the season ending date set forth above. All dock and mooring lines, fenders, water hoses and all other equipment left after said date will become property of the LIYC.
SURVEILLANCE: For privacy concerns, the use of personal surveillance devices, cameras, and audio recording devices on all dock areas is prohibited. Such devices are permitted only if they are on the boat and facing the boat's interior cabin.
SIGNAGE, ETC.: The display of political and/or social messaging posters, signage, flags, pennants, etc. is strictly prohibited.
FURNITURE: Couches, tables, umbrellas, carpets, and all other personal belongings must be removed from the dock by November 15th of the contract year. Fiberglass dock boxes that are permanently secured to the dock may be left, with a fully executed renewal for the following year, at the boat owners risk. Furniture must remain behind and within the confines of your designated slip.
OBSTRUCTIONS: Vessel owner shall not obstruct any adjacent dock or pier, access way, parking area, or navigation lanes within the mooring and parking facilities or the marina. All hoses must be stowed aboard the Vessel. No hardware, appliance, fixture or device may be installed on the bulkhead, piers, and decks, mooring piles or lands of the Shipyard without prior written consent. When so installed after consent, they shall be removed at the sole expense of Vessel owner prior to the expiration date of the Docking License.
WASTE DISPOSAL AND POLLUTION: Vessel owner agrees to maintain the premises adjacent to the docking area in a neat, clean and safe condition and shall collect all Vessels’ garbage and trash, using proper containers. If Long Island Yacht Club, LLC maintains a receptacle for general use, Vessel owner may utilize the same; otherwise Vessel owner shall remove such garbage and trash for appropriate off-site disposal. Vessel owner shall not permit the discharge of any substance onto the property of Long Island Yacht Club or into the tidal waters that is prohibited by any regulatory authority and shall dispose of such substances only in an approved matter.
DISCHARGE: Vessel owner must maintain a contract with a licensed and insured “pump out” boat for the evacuation of the sanitation holding tanks. A copy of the contract must be submitted to the LIYC office.
OUTSIDE CONTRACTORS: No outside mechanics, canvas makers, electronic repairman, electricians, plumbers, painters, carpenters, sign painters, engine mechanics or other repair, service, maintenance or technical workers are permitted to work in the marina except with the prior written consent of Long Island Yacht Club and payment, if required of a concession fee. Maintenance/work must be performed within the hours of 9am - 4pm, Monday through Friday. No work may be performed outside of the stated hours nor on weekends and/or holidays.
MAINTENANCE: Vessel owner shall maintain the Vessel in a neat, clean and safe condition and appearance while within the mooring facility. Vessel owner personally may make minor repair, "touch up" paint and maintain work, fittings and accessories. Maintenance/work must be performed within the hours of 9am - 4pm, Monday through Friday. No work may be performed outside of the stated hours nor on weekends and/or holidays.
If the LIYC is forced to remove debris from the water that was not properly secured to the dock (ex., deck boxes, furniture, planters) and/or material left in the water (ex., floats, frames, waterski rigs), a $500 fee for labor will be charged to the card on file for the slip lessee.
OVERNIGHT USE: The Vessel may not be used for residential purposes (i.e. “Live-aboards”) while moored at Long Island Yacht Club
FLAMES, ETC.: Gas and/or open flames are strictly prohibited on the LIYC docks at all times. This includes but is not limited to: barbeques, lanterns, candles, torches, etc.
GUESTS: Vessel owner shall be responsible for the safety and acts of all family members, guests and invitees.
DOGS: All dogs must be kept under leash and cleaned up after. Dogs that are a nuisance to other Members will be asked to leave.
ALCOHOL: The consumption of alcoholic beverages not purchased from the LIYC is strictly forbidden on the mainland property of the Long Island Yacht Club.
FOOD/CATERING: No outside food and/or catering may be brought in and/or delivered to the LIYC without prior written consent from Management. The LIYC can accommodate catered food by request.
NOISE, MUSIC, ETC.: No unreasonable noise is permitted at any docking or within the marina that might be annoying or offensive to others. Quiet hours coincide with the Village of Babylon noise ordinance policy. No loud music or unreasonable noise during the quiet enjoyment hours of 10pm to 9am.
VACANT SLIPS: Long Island Yacht Club reserves the right to license to others the use of any vacant Mooring Slip. However, any transients will be required to surrender the mooring slip upon Vessel's return.
WATER & ELECTRIC: Use of water in moderation is included in fee. Water is not available from November 1st to April 15th. Use of electric is metered and billed to the Licensee at the rate for delivery and taxes established by the utility provider.
I have read and agree to the conditions set forth in this contract:
