CRYSLER PARK MARINA WINTER STORAGE TERMS AND CONDITIONS
“Agreement” means this Application and Agreement for Winter Storage and includes these Terms and Conditions.
“Boat” means the boat described on the front page of this Agreement, the trailer or cradle together with any and all personal property of every nature,
kind and description, including, without limiting the generality of the foregoing, credit cards and instruments, financial securities and cash, located in or
upon the boat or located in the proximity of the boat and owned by or in lawful possession of the Licensee or any other person who has been permitted
by the Licensee to board the boat or be in the vicinity of the boat;
“Claims” means any liability, loss, damages, costs and expenses (including legal fees), causes of action, actions, claims, demands, lawsuits or other
“Indemnified Parties” means the Marina and its respective directors, officers, employees, and agents;
“Licensee” means the registered owner of the Boat, the lessee of the Boat, the duly authorized agent of the owner of the Boat or any other person who
has the permission of the owner to be in possession of the Boat;
“Marina” means Crysler Park Marina,
“Month” means any period of thirty (30) consecutive days;
“Storage Area” means the lots at Crysler Park Marina where the Boat and other boats and/or trailers or cradles are stored;
“Storage Facility” means the part of the Storage Area selected by the Marina in its absolute discretion where the Licensee’s Boat is stored;
“Term” means the period of time beginning on the Start Date identified on the front page of the Agreement, and ending on the date the Boat is launched
in accordance with clause 7.2.
“Worker” mean contractors of any type hired by the Licensee to perform repair, improvement or maintenance on the Boat.
2. PROVISION OF STORAGE FACILITY
Subject to the terms of this Agreement, the Marina shall allow the Licensee to store the Boat in the Storage Facility.
3. USE OF STORAGE FACILITY
3.1. Access: Access to the Storage Facility is limited to the hours of 9:00am to 5:00pm Monday to Friday. Licensee will not be granted access to the Storage
Facility outside of these times without permission from staff. The facilities will be closed from December 1, 2023 to March 1, 2024.
3.2. Supervision and security: The Marina does not provide supervision over and security for the Boat or any other boat or boats in the Storage Area, nor
does it supervise, regulate or control or attempt to supervise, regulate or control the movement of any person or persons or the movement, management
or control of any boat or boats in the Storage Area whether in proximity to the Boat and regardless of whether any such person has entered into an
agreement with the Marina.
3.3. Winterizing services: The Marina does not provide winterizing of engine, plumbing or other boat systems. Licensee is responsible for ensuring that all
of the Boat’s systems are prepared for outdoor storage.
3.4. Utility services: The Marina does not provide any utility service to the Licensee and, notwithstanding the generality of the foregoing, specifically does
not provide any electrical energy. If a utility outlet is available, the Licensee may seek to obtain utility service(s) at the Licensee’s own cost and risk. The
Indemnified Parties shall not be responsible or liable for any Claims which may result from any alleged interruption of service or lack of repair of any pipe,
tap, utility hook-up, gas outlet, electrical outlet, electrical conduit and wire or any device used or related to the use and provision of a utility service.
Unattended vessels shall not be connected to a utility outlet. If the Boat is found to be connected to a utility outlet without the Licensee present, the
connection will be removed and the Indemnified Parties shall not be responsible or liable for any Claims which may result from any alleged interruption of
service or lack of repair of any pipe, tap, utility hook-up, gas outlet, electrical outlet, electrical conduit and wire or any device used or related to the use and
provision of a utility service.
3.5. Shrink wrap services: Where the Licensee requests that the Marina provide “shrink wrap” services to protect the Boat, the Licensee acknowledges that
such service shall be provided by the Marina, at an additional cost to be covered by the Licensee. The Marina does not provide any warranty as to: (a) the
quality of the shrink wrap used; or (b) whether the shrink wrap will remain intact during the Term. If the shrink wrap is damaged during the Term, the
Licensee shall immediately notify the Marina and the Marina may, at its absolute discretion, arrange repairs. The Indemnified Parties shall not be liable for
any damage that may be caused by installation, use, removal or any defect of the shrink wrap.
3.6. Licensee tarp: If the Licensee chooses to provide its own cover or tarp instead of shrink wrap, the Marina is not responsible for the care and maintenance
of the tarp. If the tarp has the potential to cause damage or has caused damage to the Boat or any other boat, vessel, trailer or cradle, Marina staff may
remove the tarp. The Licensee will be invoiced for staff time and will be responsible for any costs associated with any damage to the Boat or any other
boat, vessel, trailer or cradle resulting from the tarp.
3.7. Blocking material: The Licensee shall not adjust or tamper with the steel boat stands or other blocking material used for the storage of the boat. The
Licensee understands and acknowledges that nothing can be attached to steel boat stands including but not limited to ropes, tarps and chains.
3.8. Anti-freeze: The Licensee is responsible for ensuring that all engine anti-freeze and any other deleterious substances is drained from engine prior to
launching of the Boat. If the Licensee fails to remove antifreeze or other deleterious substances, the Marina may notify the Ministry of the Environment
Spills Action Centre.
3.9. Maintenance and repairs: The Licensee shall obtain the prior written approval of the Marina for any painting, scraping or repairing of gear in the
Storage Facility, Storage Area or elsewhere at Crysler Park Marina. The extent of repairs and/or maintenance to be made will be at the discretion of the
Marina. Before retaining any Workers to undertake any work on the Boat in the Storage Facility, Storage Area or at Crysler Park Marina, the Licensee shall
get approval in writing from the Marina for the Workers to attend on specific days. Such approval is required for reasons of security. If Workers attend on
days not approved by the Marina, the Marina reserves the right to eject the Workers from the Marina or refuse entry to the Workers.
3.10. Refuse: The Licensee shall not leave refuse of any kind on the Boat or at the Storage Facility, Storage Area or Crysler Park Marina and shall deposit
garbage and recycling in the bins supplied for that purpose.
3.11. Advertising: The Licensee shall not advertise or solicit in, on, or from the Storage Facility, Storage Area or any other location at Crysler Park Marina
without the prior written approval of the Marina.
3.12. Storage of other materials: The Licensee shall not store supplies, accessories, debris, vehicles or other materials, or construct any lockers, chests or
other structures, in the Storage Facility, Storage Area or in any other location at Crysler Park Marina. All items must be removed from the docks by October
17th. This may include, but is not limited to dock boxes, fenders, hardware etc., everything else will be removed and disposed of at the owner’s expense.
3.13. Moving of Boat by Marina: The Marina may move the Boat for any reason provided it gives 24 hours’ notice to the Licensee. If the Licensee is unable
to provide access to the Boat when required by the Marina, or in the event of any emergency, the Licensee shall provide the Marina with a set of main
door or hatch keys. If the Marina is required to move the Boat, it shall take all reasonable care in doing so. The Indemnified Parties shall not be liable for
any damage to the Boat that may occur during the moving of the Boat, unless such damage is caused by the Marina’s negligence.
3.14. Assignment of Agreement / Sale of Boat: Without the prior written approval of the Marina, the Licensee shall not assign this Agreement or the use
of the Storage Facility or any part of such interest, and shall not store or cause or allow to be stored at Crysler Park Marina any boat, vessel or trailer or
cradle other than the Boat and shall not transfer the Boat to another storage facility in the Storage Area. If the Licensee sells the Boat and the new owner
wishes to keep the Boat in storage at the Storage Facility, the Licensee shall give immediate written notice to the Marina of the change in name and
registration and shall provide the Marina with a copy of the Application & Agreement for Winter Storage signed by the new owner.
3.15. Conduct towards Marina staff or other persons: The Licensee shall not engage in any improper conduct towards Marina employees or any other
person at Crysler Park Marina, including but not limited to: (i) harassment; (ii) conduct that may be considered threatening, including but not limited to
yelling and use of profane language; or (iii) any disorderly, indecorous or other inappropriate conduct that has endangered or might endanger safety, has
injured or might injury any person, has caused or might cause damage to the Marina property, or has harmed or might harm the reputation of the Marina.
For the purposes of this section, harassment includes a course of vexatious comment or conduct, based on one or more of the prohibited grounds (race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, same-sex partnership status, family status or
disability) under the Human Rights Code, R.S.O. 1990, c. H.19, as amended.
4. FEES & PAYMENT
4.1. Payment of fees: The Licensee shall pay 100% of fees identified on the front page of this Agreement on date boat hauled out and the balance in full by
4.2. Payment of other costs: The Marina will invoice Licensee for any other amounts payable by Licensee under this Agreement. The Licensee shall pay all
invoices within thirty (30) days of receipt of the invoice.
4.3. Debts: If Licensee fails to pay an amount invoiced by or otherwise demanded by the Marina, such amount will be a debt due and owing to the Marina
by the Licensee and the Licensee shall pay such debts immediately on demand by the Marina. If no demand is made, such debts become due and payable
without demand upon the termination or expiration of this Agreement. NOTE: Dock deposit will be applied on outstanding account, which may result in
slip being re-assigned.
5. SIGNING & DOCUMENTATION
5.1. Signing: This Agreement is not valid unless signed by the appointed representatives the Marina AND the Licensee. If the Licensee is an individual, the
signature shall be witnessed.
5.2. Documentation: On signing this Agreement, the Licensee shall provide to the Marina the following written documentation to the satisfaction of the
Marina: a) a certificate of registration of the Boat; b) a valid Certificate of Insurance and a renewal replacement as may be necessary for the Boat, confirming
the insurance coverage requirements and stating any pertinent exclusions as applicable, contained by the policy; and c) an agency agreement between
the registered owner of the boat and the authorized agent, where the Licensee is an agent of the registered owner of the Boat, showing the authority of
the authorized agent to fulfill all obligations under this Agreement; or d) a leasing agreement between the registered owner of the Boat and the lessee,
where the Licensee is a lessee of the Boat.
6.1. Assumption of risk and limitation of liability: This Agreement is for the provision of a storage facility only, and the storage and wrap services, equipment
and other facilities are to be used entirely at the risk of the Licensee and any partner, director, officer, employee, agent, contractor, lessee, passengers, crew
and guest of the Licensee. The Indemnified Parties shall not be liable for the care or protection either of the Boat or of the Licensee, or of any partner,
director, officer, employee, agent, contractor, passenger, crew or guest of the Licensee, or for any loss, theft, damage or injury (including death) occasioned
to the Boat or person or the property of the Licensee, or of any partner, director, officer, employee, agent, contractor, lessee, passenger, crew or guest of
the Licensee howsoever caused.
6.2. Indemnity: The Licensee shall indemnify and hold harmless the Indemnified Parties from and against Claims, by whomever made, sustained or brought,
including for third party bodily injury (including death), personal injury and property damage, in any way based upon, occasioned by or attributable to
anything done or omitted to be done by the Licensee, its partners, directors, officers, employees, agents, contractors, lessees, passengers, crew or guests
in the course of using the Storage Facility or Storage Area or any of the Marina services, equipment or other facilities used by the Licensee, or by its partners,
directors, officers, employees, agents, contractors, passengers, crew or guests.
6.3. Insurance: The Licensee shall put into effect and maintain for the duration of this Agreement, at its own cost and expense, with insurers acceptable to
the Marina, complete marine coverage insurance for the Boat including Protection & Indemnity, to an inclusion limit of not less than $2,000,000 per
occurrence. The Policy is to include the St. Lawrence Parks Commission as an Additional Insured. The Licensee shall provide the Marina with proof of its
coverage when the Licensee signs this Agreement and when the insurance is renewed.
7. TERM & TERMINATION
7.1. Term: The Agreement shall be in effect for the Term, unless terminated earlier in accordance with this Agreement.
7.2. Removal of Boat on launch dates: (1) Unless terminated earlier in accordance with clause 7.4, 7.5 or 7.7 of this Agreement, and subject to paragraph
(2) of this clause, the Boat shall be launched by the Licensee on the launch dates determined by the Marina Manager (“Launch Dates”). The Launch Dates
will comprise a two (2) day period, starting no earlier than May 1, 2023. Actual dates for launch shall be confirmed by the Marina Manager. The Marina
Manager may reschedule the Launch Dates for convenience in his or her absolute discretion without prior notice to the Licensee and the Marina shall not
be liable to the Licensee for any loss suffered by the Licensee as a result of the rescheduling. The Licensee may not launch on any date other than the
Launch Dates, unless permission has been granted to do so by the Harbor-Master. Unless negligent, the Marina shall not be responsible for any damage
to the Boat that may occur during the launch. (2) Despite anything else in this Agreement, the Licensee may not launch the Boat until the following
conditions precedent are fulfilled: (a) the Licensee shall pay in full all outstanding fees; and (b) if the Licensee wishes to moor at Crysler Park Marina for the
summer season, a Summer Mooring Agreement shall be executed by the Licensee and the Marina.
7.3. Removal of Boat after launch dates: If the Licensee has not satisfied the conditions precedent set out in clause 7.2 paragraph 2 or for any other reason
fails to launch the Boat on the Launch Dates, this Agreement shall continue month to month in accordance with section 7.9 until such time as all fees are
paid and the Boat is removed from Crysler Park Marina.
7.4. Termination by Marina without cause: The Marina may terminate this Agreement on fifteen (15) days’ written notice without cause and without
7.5. Termination by Marina for breach or improper conduct; Without fault or liability, the Marina may terminate this Agreement:
7.5.1. on one (1) day’s written notice to the Licensee where, in the sole opinion of the Marina, the Licensee, or any partner, director, officer, employee,
agent, contractor, lessee, passenger, crew or guest of the Licensee has breached any term of this Agreement;
7.5.2. immediately upon giving notice where, in the sole opinion of the Marina, the Licensee or any of its partners, directors, officers, employees, agents,
contractors, lessees, passengers, crew or guests engage(s) in: (i) any illegal conduct; (ii) any conduct toward Marina employees or any other person that
may be considered threatening, including but not limited to yelling and use of profane language; or (iii) any disorderly, indecorous or other inappropriate
conduct that has endangered or might endanger safety, has injured or might injure any person, has caused or might cause damage to the Marina property,
or has harmed or might harm the reputation of the Marina.
7.6. Consequences of termination by Marina: On termination under clause 7.4 or 7.5, the Marina may evict or remove the Boat, its Licensee and any partner,
director, officer, employee, agent, lessee, contractor, lessee, passenger, crew, and guest of the Licensee from the Storage Facility, Storage Area or elsewhere
at Crysler Park Marina at the Licensee’s expense and risk and retake possession of the Storage Facility. Any outstanding fees shall be immediately payable
to the Marina.
7.7. Termination by Licensee: The Licensee may terminate this Agreement at any time by giving fifteen (15) days’ written notice to the Marina. No part of
the monetary consideration for this Agreement will be returned to the Licensee in the event of termination under this clause.
7.8. Removal of Boat on early termination: Upon any termination of this Agreement under clause 7.4, 7.5 or 7.7, unless the Boat has been removed in
accordance with clause 7.6, the Licensee shall remove the Boat from the Storage Facility, Storage Area and Crysler Park Marina by 5 p.m. on the effective
date of termination. If Licensee fails to remove the Boat by this time, the Licensee shall be liable for all costs incurred by the Marina in relation to the
continued storage of the Boat or the moving of the Boat by the Marina, including, but not limited to any labour, equipment and transport costs. At any
time after 5 p.m. on the effective date of termination, the Marina may in its absolute discretion move the Boat at the Licensee's expense to another place
of storage within Crysler Park Marina or elsewhere. The Licensee shall pay all amounts owing as liquidated damages, expenses, and storage fees to the
Marina immediately upon demand. Any outstanding amounts shall be a debt due and owing from the Licensee to the Marina under this Agreement and
the Marina shall have a lien against the Boat in respect of such amounts owing as liquidated damages, expenses, and storage fees, in accordance with
clause 8.3 of this Agreement.
7.9. Monthly agreement extension: If the Licensee has elected to have a monthly agreement, or if a monthly agreement has resulted under clause 7.3, and
the Licensees wishes to extend the monthly agreement, the Licensee shall give the Marina notice at least one week in advance of the expiry of the
Agreement. The Marina may either arrange such extension on such terms as to daily or monthly rates for the extension as it deems proper or may, in its
discretion, refuse such an extension.
8. GENERAL PROVISIONS
8.1. Relationship of Parties: This is an Agreement for the provision of a storage facility only and the provisions of this Agreement do not constitute nor shall
they be construed to constitute an employment relationship, an agency relationship, or a partnership or joint venture between the parties.
8.2. No bailment: This Agreement is not an agreement of bailment; the Licensee is not the bailor of the Boat nor is the Marina the bailee of the Boat. At all
material times as between the Licensee and the Marina, the Boat shall be and shall be deemed to be in the possession of the Licensee notwithstanding
that the Marina may, as provided in this Agreement, move or otherwise handle the Boat and any such moving or handling shall be deemed not to take
the Boat out of the possession of the Licensee.
8.3. Lien: The Marina may place a lien against any Boat for amounts due in respect of the use of the Storage Area, the cost of repairs for any damage
caused to any Marina property by the Licensee, or any partner, director, officer, employee, agent, lessee, contractor, passenger, crew, and guest of the
Licensee, and for any other debt of the Licensee due to the Marina under the terms of this Agreement. The Marina may give notice of the lien to the
Licensee, subject to the Repairs and Storage Liens Act, R.S.O. 1990, c. R.25, as amended.
8.4. Notices: Any notice, request, consent or approval under this Agreement shall be given in writing to the contact details set out on the front page of this
8.5. Force Majeure: Neither party shall be liable to the other party for any failure to comply with or any delay in the performance of the terms of this
Agreement where such failure or delay, directly or indirectly or in whole or in part, arises from an event beyond its reasonable control such as (but not
limited to) natural disasters, acts of war, insurrection, terrorism, or action taken by governmental authority in hindering or defending against such
occurrence, strikes, slowdowns, lockouts or other labour or employee interruptions or disturbances, whether involving employees of the Marina or of any
other person over which the Marina has no reasonable control. A party seeking to rely on the provisions of this section may do so only if notice in writing
identifying the event relied on and the date of its occurrence is given to the other party within five (5) days of the occurrence of the event.
8.6. Waiver: No failure by either party to exercise any right under this Agreement or to insist upon full compliance by the other party with its obligations
under this Agreement will constitute a waiver of any provision of this Agreement.
8.7. Survival: Clauses 3.4, 3.5, 3.6, 4.3, 6.1, 6.2, 7.2, 7.6, 7.8, and section 8 shall survive the expiry or termination of this Agreement.
8.8. Entire agreement / amendments: This Agreement constitutes the entire agreement between the Marina and the Licensee with respect to the storage
of the Boat at the Storage Facility and supersedes all other prior agreements, communications and understandings, both written and oral. This Agreement
may not be amended or modified unless in writing and signed by both parties.
8.9. Governing law: This Agreement and all disputes or other matters arising out of it shall be governed by and construed in accordance with the laws of
the Province of Ontario and the applicable federal laws of Canada. Both parties shall attorn to the jurisdiction of the courts.