Total Care Indoor Boat Storage Contract
THIS AGREEMENT, dated the ______ (day) ___________(month)_________(year) between
Total Care Ltd. and the Boat Owner (“Owner”) or licensee of the boat identified below in accordance with the terms and conditions here in.
Postal Code
Boat Make:
Boat Model:
Boat Year:
All the parties herein agree that this contract is enforceable and by executing the same they have decided to abide by the terms and conditions herein.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, all parties agree as follows:
1. The owner agrees to pay to Total Care the amount of______________ which is the all-inclusive amount of the Total Care___________________Package that the Owner has selected. The Fee is payable in advance before the Owner’s boat is picked up by, delivered to or put into Total Care’s storage and/or winterized, detailed or any other service(s) to be provided. The full amount payable can be paid either by E-Mail transfer to or by cheque. A $500 deposit is required to reserve your space.
2. Total Care agrees to place the owner’s boat into a secured covered storage facility in the building on land that is leased by Total Care Ltd. The rights and obligations of the parties are dictated by this Contract and by the terms of the Total Care Package that the Owner has chosen. The Owner understands that this is not a contract for valet services and the boat will only be taken out of storage as per the terms of this Contract.
3. No hazardous, dangerous or illegal goods or substances (other than gasoline in the boat’s gas tank) shall be placed or left in the Owner’s boat when it is put into storage. Total Care Ltd. shall have the right to require the Owner to immediately remove any and all goods from the boat which Total Care Ltd. believes contravenes this provision. For security reasons, the Owner will not have any access to the building in which the Owner’s boat is stored. Only Total Care Ltd. or its employees, agents and contractors shall be entitled to enter the building in which the Owner’s boat is stored.
4. This contract shall remain in effect from the date of signing, and shall renew automatically on its last day unless terminated by either party as set out herein. The Owner understands that the fees payable hereunder are for a reserved boat storage space and are not refundable or transferrable. In the event that the owner decides to remove the boat from storage prior to the end of this Agreement, the owner understands that no monies shall be refunded, nor shall there be any credits for the unused storage. If the owner wishes to have their boat retrieved from storage, and particularly at the beginning of boating season, they agree to give at least 14-days notice, either in writing or by email to Total Care. The owner understands and acknowledges that except under emergency circumstances, they shall have no access to their boat during the Winter months, which are October 1 to April 1 of each year.
5. This Agreement is not intended by the parties to constitute or create a joint venture partnership, agency or consignment or any other business relationship. The rights and obligations of the parties shall be only those expressly set for in this Agreement.
6. The parties agree that this contract shall be governed by the Laws of the Province of British Columbia.
7. The Owner agrees to have in force proper insurance for their boat which policy would include coverage for fire, theft and public liability. The Owner acknowledges that while Total Care has its own insurance policies in place for their facility, that the Owner will not look to Total Care for indemnity in the event of damage or destruction of the Owners boat while in storage.
8. The Owner hereby assumes total responsibility for casualty or other loss in the event of damage or destruction of the Owner’s boat while in storage. For greater certainty, the Owner waives subrogation rights and shall not under any circumstances whatsoever subrogate or assign any claim or claims of any sort the Owner or its insurer may have against Total Care Ltd. or Total Care Ltd.’s insurers. The Owner hereby acknowledges that any such subrogation or assignment shall be null and void.
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9. The owner agrees that the value of his boat and trailer can be fairly assessed at ________________. In the event of any damage or loss the owner agrees that the value of the boat and trailer will not exceed the value suggested. Notwithstanding this clause, the Owner agrees Total Care shall have no liability in the event of damage or loss to the boat.
10. In consideration of Total Care Ltd. providing storage for the Owner’s boat, the Owner agrees to indemnify and save harmless Total Care Ltd. and its directors, officers, employees, agents and contractors from and against any and all claims (including all damages, expenses, costs, interest and judgments resulting therefrom) brought against Total Care Ltd. and its directors, officers, employees agents and contractors (by the Owner or the Owner’s insurer) in connection with the storage of the Owner’s boat under this Contract (including placing the boat in and retrieving the boat from storage).
11. The Owner may terminate this Contract by paying any fee or other amounts owing to Total Care Ltd. under this Contract and giving Total Care Ltd. 60 days notice in writing of the Owner’s intention to terminate this Contract. Total Care Ltd. may terminate this Contract at any time by giving written notice to the Owner if the Owner is in breach of the Contract, or by giving the Owner 21 days prior written notice of termination for any other reason. Termination of this contract by the Owner terminates the Owner’s right to use the boat storage and the Owner’s obligation to pay future Fees, but does not affect the rights, liabilities and obligations of either party under this Contract.
12. The boat will not be released to any person other than the Owner or a person listed above in this agreement as “approved” or without written consent giving Total Care Ltd a minimum of 24 hour in advance.
13. The owner understands that if selling their boat, viewings are not allowed in the storage facility.
14. All boats stored in the facility must be winterized before being placed in the storage facility (either by Total Care Ltd. or elsewhere). If not done by Total Care, then proof of proper winterization must be provided before the boat goes into storage.
15. The Owner will be subject to additional fees for any of the following: no keys left in boat (for ignition or trailer lock) upon pickup, personal belongings left in boat, swing hitch pin not in place at time of pickup, request for access to boat during winter months, (Oct1 -April 1). If the Owner wishes to have his boat brought from storage other than as stated herein, he agrees to pay an hourly rate of $125 for Total Care to provide access to the boat.
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16. The Contract shall endure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal legal representatives, successors and permitted assigns. The Owner shall not assign this Contract without Total Care Ltd’s prior written consent. Any notice given relating to this Contract may be delivered by regular mail to the party’s last known address.
I certify that I currently have, and during the entire time of storage will have, insurance to cover any damage to my Boat, and to cover my liability for any damages to others or their property arising from any use of such items. I understand that I am responsible at my sole cost and expense, for maintaining insurance on my Boat and I will maintain the same in full force and effect throughout the term of this contract. I will look to my own insurance for recovery of any loss resulting from damage or other casualty. I waive any right of recovery of insured claims by anyone claiming through me, by way of subrogation or otherwise, including my insurers.
I agree that I will abide by all the rules and regulations of Total Care Ltd. I hold harmless officers and employees of Total Care Ltd from any and all actions, claims, liabilities, assertions of liability which in any manner arise, are alleged to arise from any and all activities connected directly or proximately with the storage of my Boat with Total Care Ltd.
IN WITNESS WHEREOF this contract has been duly executed by the parties hereto the day and year first herein before written.
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