The Lookout Marina - Chelan, WA

Terms of Service

Marina Moorage Agreement – Specific Terms

1. User Fee: The User Fee is payable in full, in advance for Daily and Multi-Day Users. Landlord in this document is Chelan Lookout LLC. Its agent, Shoreline Rentals. User is named on the previous sheet.

2. Utilities: Electrical power shall be available to User at the Slip and fees for same is included in the User Fees. Landlord and Agent make no representations or warranties as to the nature of the utilities and services to the Slip or as to the adequacy or compatibility of such services or utilities with User’s Vessel. Landlord and Agent do not warrant the availability of utility services and will not be responsible for any damage or injury due to the interruption or unavailability of utility services. Without limiting the foregoing, Tenant acknowledges that electrical service may be discontinued during inclement weather.

3. Use/Occupancy: User shall comply with all rules and regulations as to Use/Occupancy of the Marina, which may be revised from time to time upon notice to User. User agrees to comply with all present and applicable laws, ordinances, health, safety, environmental and sanitary regulations of all regulatory bodies, including any federal, state or local agency, or Army Corp. of Engineers. Rules of use include, but are not limited to the Rules attached hereto, which may be updated from time to time at Landlord and Agent’s sole discretion.

4. Condition of Vessel: User represents and warrants to Landlord that User's Vessel is and will be maintained by User in a neat, seaworthy condition and that the engine will be maintained in good running condition at all times. Although Landlord shall at no time have any liability for maintaining or monitoring the condition or safety of User's boat/vessel, if Landlord discovers that User's boat/vessel is in peril, or has placed other boats/vessels or person(s) at the Marina in peril, Landlord may at its option render aid to the boat/vessel without liability for damages or loss of any kind. If User's boat/vessel sinks, User shall within ten (10) days be responsible for removal of its boat/vessel from the Marina and restoration of the Rental Slip at User's sole cost and expense and in compliance with all applicable laws and ordinances.

5. Insurance; Loss; Indemnity: It is mutually agreed that Landlord and Agent are not the bailee and shall not be responsible or liable in any manner for User's boat/vessel or for the safekeeping or condition of its tackle, apparel, fixtures, equipment or furnishings. It is further agreed that Landlord, Agent, and/or the Marina shall not be responsible or liable for any personal injuries or damages suffered by User, User's agents, contractors, employees, guests, invitees, or licensees arising from any cause whatsoever, upon User's boat/vessel, or at the Marina. User agrees to keep the premises surrounding the Rental Slip neat, clean, orderly, and free from flammable substances. User agrees to indemnify, defend and hold harmless Landlord and/or the Marina, their agents, contractors, directors, employees, and officers, from any claims, loss, damage, liability or injury (including attorneys fees and costs) arising from or in any way related to User's use of the Rental Slip, the acts or omissions of User, User's agent's contractors, employees, guests, invitees or licensees, including without limitation, personal injury and/or property damage to Landlord or any third parties.

6. Warranties: Landlord makes no warranties, express or implied, as to the condition of the Slip or Marina (including floats, walkways, gangways, ramps, gear and related items) or the suitability of the Slip and Marina for its intended purposes. User acknowledges that he/she has had an opportunity to inspect the Marina and the Slip prior to execution of this Agreement and accepts the Marina and Slip in its current condition.

7. Notices: Any notice by Landlord to User shall be deemed to be given if and when it is personally delivered to Tenant, e-mailed or deposited in the mail addressed to User at the address set forth next to User’s signature. User is responsible for informing Landlord of their most current mailing address, e-mail and phone numbers. Any notice by User to Landlord shall be deemed to be given if it is signed by User and deposited in the mail and addressed to Landlord at PO Box 3160, Chelan WA 98816.

8. Release and Hold Harmless: The Tenant, in consideration of being permitted to moor the Vessel at the Marina, releases and waives any and all claims, demands, causes of action, suits, judgments against Landlord for any loss, injury, death or damage to persons or property (including the Vessel) that may arise in any way from the moorage of the User’s Vessel at the Marina, including the negligence of Landlord. User agrees to indemnify, defend and hold Landlord harmless from and against all claims, demands, causes of action, suits, judgments loss, costs, liability, damages and expenses, including Landlord’s attorney fees and costs, for any loss, injury, death or damage to persons or property (including the Vessel) arising out of or in any way related to the moorage of User’s Vessel at the Marina, including the negligence of Landlord, and including, but not limited to (i) any default by User of the terms and conditions of this license, (ii) the use of the Slip and Marina by User and its guests, invitees, vendors, visitors and agents, (iii) acts, omissions or negligence of User or its guests, invitees, visitors, agents, and vendors whether individuals or businesses, in or around the Slip or the Marina, or (iv) any claims by any other person by reason of loss, injury, death or damage to persons or property due to an act, occurrence or omission set forth in (i), (ii) or (iii) above. User acknowledges that the Vessel and all personal property of User is moored at User’s sole risk, and Landlord shall not be liable for any loss or damage. User Initial:

9. Legal Compliance: User shall be responsible for and shall promptly, upon demand, pay Landlord for any damage caused to Marina, or governmental property by User, his boat, his crew, guests, invitees, employees or agents. User shall comply with all laws and regulations now or hereafter in effect concerning the protection of the environment in and around the Marina: pay Marina for any damage, expense or liability incurred by Marina due to User’s failure to comply with such laws and regulations or due to any pollution created by, caused by, or contributed to by User. If more than one person executes this Agreement as User, their obligations are joint and several, and any act or signature of, or notice or refund to any one or more of them with respect to this agreement shall be fully binding upon each of them. In the event that any action or other legal proceeding is brought to enforce any provision of this Agreement the prevailing party shall be entitled to recover all costs plus reasonable attorneys’ fees from the non-prevailing party (including proceedings on appeal or in arbitration.) This Agreement shall be governed by the laws of the State of Washington and the United States. The venue of any suit ensuing out of or related to this Agreement may, at the option of either party, be laid in or transferred to Chelan County, Washington. If any provision of this license shall be found to be void, such determination shall not affect any other provision of this license.

10. Default: Remedies In the event User fails to comply with any terms or conditions of this Agreement, including the failure to pay the monthly rental or other charges due hereunder, User shall be held to be in default of the Agreement and Landlord shall have the right to, at its option: (a) employ a salvage company and/or take possession of User's boat/vessel, its tackle, apparel, fixtures, equipment and furnishings, by securing the boat/vessel to the Marina with chains, ropes, and locks, or by aremoving the boat/vessel and other property from the Marina, without advance notice; (b) terminate User's rights under this Agreement upon five (5) days prior written notice; (c) foreclose the lien against User's boat/vessel, its appurtenances and contents, arising under this Agreement, under any applicable Law or statute, or otherwise, including without limitation a federal maritime lien against the boat/vessel as described under the Federal Maritime Lien Act, 46 U.S. C. 31342 and Rule 9(H) of the Federal Rules of Civil Procedure; (d) deem the boat/vessel abandoned by User after it has been secured for thirty (30) days and then to sell the boat/vessel at auction; (e) commence a lawsuit against User and therein seek all available equitable and legal remedies; (f) exercise all other rights and remedies available to Landlord, both in rem and personal, under both federal and state Law (including without limitation RCW 53.08.320 (if applicable) & 88.26.020 as amended); and/or (g) exercise all or any combination of the foregoing rights and remedies. Notwithstanding Landlord 's exercise of its rights under this provision, Landlord is not a bailee or warehouseman and shall not be liable to User for the condition or safekeeping of User's boat/vessel. Landlord may bid all or part of the charges then owing at the sale and become a purchaser at the sale. If no one purchases User's boat/vessel, at auction, or if the boat/vessel is not removed from the Marina within ten (10) days after auction, then title to the boat/vessel shall transfer automatically to Landlord. The remedies provided in this provision are cumulative and are in addition to and not in lieu of any other remedies that Landlord may have by virtue or any ordinance, regulation, statute, or other law. In the event of a breach by User of any of User's obligations under this Agreement, User shall pay Landlord, in addition to any other amounts due hereunder, all auction, collection, removal, salvage, securement, storage, transport and other costs, charges, fees and expenses incurred by Landlord in connection therewith, including attorneys fees and costs, whether or not suit is instituted against User.

11. Force Majeure: Landlord shall be relieved of its obligations under this Agreement if it is unable to perform such obligations because of any casualty to the Marina, strike, work stoppage, extreme weather conditions, utility service interruption, or other act of man or nature beyond the reasonable control of Landlord.

This Agreement constitutes the entire agreement between the parties. No amendments to this Agreement shall be valid or unenforceable unless in writing and signed by both parties.


Marina Rules

1. Rental Slips are for recreational and/or occasional use only. User shall not operate any business from the Marina. User shall not allow any other person, friend, or acquaintance to use User's slip at the Marina.

2. The Slip shall not be used for swimming, diving, stand up paddle boarding, nor for moorage of kayaks, standup paddleboards, or other non-motorized personal watercraft.

3. Marina Hours are 7 a.m. to 10 p.m.

4. No liveaboards or overnight use of the Slip are allowed at the Marina

5. User shall control any pet on Marina premises, shall clean immediately and properly remove and dispose of all pet wastes, and shall be liable for any damages caused by such pet. User acknowledges that Landlord reserves the right to exclude any pet from the Marina at its sole discretion.

6. User shall not place or store any personal property or equipment in or about the docks or common area of the Marina. User agrees that Landlord shall not be responsible for any theft or loss of User's personal property or equipment in or about the Marina.

7. Under no circumstances, nor at any time, may User change, modify or alter the Slip or any portion thereof.

8. User shall not install or place any personal property, equipment, boxes, or lockers of any type on the Slip or Marina docks.

9. Items such as water hoses and electrical cords must not be permanently affixed to the Slip or docks.

10. User agrees not to leave any heaters unattended on their Vessel. User agrees not to dump or otherwise dispose of any sewage or other hazardous substances at, on, under or near the Marina and Slip.

11. User acknowledges and agrees that the trash dumpster at the Marina shall be used for Marina use only and shall not be used by User for any home and/or business purposes.

12. NO SMOKING is allowed on Marina premises including docks, bathrooms, parking lot and any other common spaces.