STATE OF NORTH CAROLINA
AGREEMENT AND RELEASE
COUNTY OF PAMLICO
The parties to this release are Bow to Stern Yacht Services, Inc., Bow to Stern Inc, and their staff, family and volunteers (hereinafter “Business”) and __________________ (hereinafter “Customer”). The parties contemplate the Business providing certain services, which are described herein for compensation. The terms of the agreement and release contained herein shall define the services provided and limit the liability of the Business to the Customer.
Business requires the following, prior to performing Storm Preparations on a boat.
- Completed questionnaire as to the scope of work requested.
- Signed Liability Waiver and Release submitted to Bow to Stern.
- Full access needed to perform services, included but not limited to: boat name, location, slip number, keys, combinations, any special instructions on how to start and operate the boat, etc.
- Boat must be able to start, be mobile, and be able to travel safely all the way to the designated destination.
Business hereby agrees to perform, to the best of its ability, one or more of the following services:
- Business will remove all canvas, sails, and secure deck equipment by placing it below decks or lashing to the boat (boom, mast, or other structural part of the boat). Sails and canvas may not be folded when placed below decks due to time constraints. Business will take precautions as necessary, but shall not be responsible for broken zippers, torn canvas, cut or broken window material due to age or lack of exercise of items.
- Business will secure boat in current slip.
- Business will deliver the boat to the marina of your choice and secure the boat in a reserved slip. Customer shall be responsible for making all necessary slip arrangements with the marina to which the boat is being delivered.
- Business will deliver the boat to a boatyard and pass responsibility to the yard for haul out. Customer shall be responsible for making all necessary arrangements with the marina to which the boat is being delivered for haul.
- Business will anchor the boat in Green’s Creek or Smith Creek if the boat can fit under the Oriental Bridge. If the boat cannot fit under the bridge, Business will anchor the boat in South River.
- After storm, when safe and in the confines of a reasonable work schedule Business will return boat to its pre-storm location or other designated location in the event that the marina/slip is inaccessible. Customer to determine the location.
- After storm, when safe and in the confines of a reasonable work schedule Business will re-install sails, canvas and other equipment that was removed or secured.
Business requires the following items for the correlating job listed above:
- Any special information as to canvas or sail removal. Lines to secure sails or equipment, special tools needed to remove sails and any other items known by customer.
- Minimum 2 bow lines, 2 stern lines and 8 spring lines, all of appropriate size. (1/8 diameter for every 8’ of boat length) with appropriate chaffing gear. Fenders with lines to hang as needed to help protect the boat.
- Contact information (phone number and contact person) for the marina of choice. Slip number where boat is to be placed. Special information as to rules or navigation into or storm requirements of marina. Minimum 2 bow lines, 2 stern lines and 8 spring lines, all of appropriate size. (1/8 diameter for every 8’ of boat length) with appropriate chaffing gear. Fenders with lines to hang as needed to help protect the boat.
- Contact information (phone number and contact person) for the boat yard of choice. Where boat is to be placed. Special information as to rules or navigation into or storm requirements of boat yard.
- Adequate ground tackle to include at a minimum: 2 full sets of ground tackle with each set having a minimum of 50% boat length of chain plus nylon rode totaling between 200’ and 250’. (This allows for anchoring with proper scope in 15’+ of water and allowing a 10’ tidal surge). Anchors should be of adequate size for vessel. It is recommended to have one plow type and one Danforth type (Fortress is preferred). Swivels and chaffing gear and anchor trip line with a float is also recommended.
- Contact information (phone number and contact person) for the post storm marina of choice. Slip number where boat is to be placed. Special information as to post storm rules or navigation into or other post storm requirements of marina.
- Access to the boat as before the storm.
As part of the Hurricane Preparedness Program, Business will perform an inspection on all required equipment and may provide an estimate for equipment if it is not deemed adequate. Business reserves the right to deny hurricane services if proper equipment is not provided or procured.
Business reserves the right to cancel the Hurricane agreement if the boat does not meet all of the requirements listed. If tow is required during any part of a deliver, staff time for delivery will be tripled at a minimum.
Business will provide the services chosen by customer to the best of its ability but assumes no risk for any and all damages caused directly or indirectly by equipment, Mother Nature, the boat, or any other boat, dock or shore which damages Customer’s boat. Business shall not be responsible for repairs, replacement, retrieval in any way, salvage or other post-storm recovery of any kind, other than the duties it explicitly assumes by this Agreement.
Business shall not be responsible for any theft, damage, or losses while boat is away from the said vessel’s home marina.
An inspection according to services selected is required to secure a place in the program. Business will perform an inspection according to the options selected at the stated rates and inform the customer of all findings.
Customers will be contacted when a storm has been potentially forecast to come to the area. At that time the Customer must decide if they wish Business to follow the agreed upon plan. If Customer decides to discontinue the services described herein, all work done to that point will be billed to Customer and Customer will be taken off the work list. If Customer changes their mind prior to the storm arriving, they will be added to the end of the worklist and with no assurance that the work can be performed.
Drivers time for chase boats, crew boats, as well as fuel and boat time will be divided on a pro rata basis among all boats using services.
The parties agree that this is their entire agreement and that there are no verbal agreements which supplement it. Further, the parties agree that each releases the other and holds the other harmless from any obligations not explicitly assumed in this Agreement and Release.
IN TESTIMONY WHEREOF, I have hereunto set my han this _____ day of _____________________, 20_____.
Bow to Stern Boating