TERMS AND CONDITIONS
- DEFINITIONS
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. Claims means any liability, loss, damages costs and expenses including legal fees, lawsuits or other proceedings. Indemnified Parties means the Marine and its respective directors, officers, employees and agents. - PROVISION OF STORAGE FACILITY
Subject to the terms of this agreement, Northern Leisure Marine will allow the Licensee to store the boat at 21 Taylor Street in Bobcaygeon. - USE OF STORAGE FACILITY
Access: Access to the facility during the storage period can be made by appointment. Licensee tarp: If the Licensee wishes to provide its own cover or tarp, Northern Leisure Marine is not responsible for the care and maintenance of the tarp. Storage of other materials: The facility will be used by the Licensee for the sole purpose of storing a boat and not for storage of any other personal property. - FEES AND PAYMENT
Payment of Fees: The Licensee shall pay all fees identified on the front page of this Agreement in full on signing of the Agreement and in advance of storage. Late Pick up: All boats are to be removed by May 31, 2026; otherwise, additional fees will be charged as per our summer monthly storage fees. - SIGNING & DOCUMENTATION
Signing: This agreement must be signed by the Licensee before the boat can be stored on the property. Documentation: On signing of this agreement, the Licensee shall provide valid certificate of insurance for the boat. If no insurance is provided, the owner is aware they personally assume all risk and liability. - LIABILITY
Assumption of risk and limitation of liability: This Agreement is for the provision of a storage facility only, and the storage services, equipment and other facilities are to be used entirely at the risk of the Licensee The Indemnified parties shall not be liable for the care or protection either of the boat or of the Licensee for any loss, theft, damage or injury (including death), occasioned to the boat or person or the property of the licensee or of any guest of the Licensee to the extent permissible by law. 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 in the course of using the storage facility or any of the marine services, equipment or other facilities used by the licensee. Insurance: The Licensee shall maintain for the duration of this agreement, at its own cost and expense, complete marine coverage insurance for the boat. If the boat is not insured, the owner personally assumes all risk and liability. - TERM AND TERMINATION
Term: The Agreement shall be in effect for the Term, unless terminated earlier in accordance with this Agreement. Termination by Licensee: The Licensee may terminate this Agreement at any time by giving five (7) days written notice to the Marine. No part of the monetary consideration for this Agreement will be returned to the Licensee in the event of termination under this clause. - GENERAL PROVISIONS
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. Notices: Any notice, request, consent or approval under this Agreement shall be given to the contact details set out on the front page of this Agreement. 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 of the Province of Ontario.
Sign: Date: January 29, 2026 |