Mooring Terms & Conditions

MOORAGE LICENSE, WAIVER, RELEASE AND INDEMNITY

(the "Agreement")

 

By signing this Agreement, the undersigned ("you") acknowledge, represent and warrant that you are at least 18 years old and the owner of the vessel (including, if applicable, float plane) named and described below (the "Vessel") or, if not the owner, you have all necessary rights and permissions to sign this Agreement and undertake all obligations in it, as well as waive and release certain rights and Claims as set forth below on behalf of yourself and the owner of the Vessel.

 

1.   Permission to Moor Boat or Float Plane. Captain Whidbey Inn (the "Inn") owns or leases a dock with moorage space on Penn Cove in Coupeville, WA, adjacent to the Inn's hotel (the "Dock" and "Slip", respectively) and grants the undersigned ("you") a limited license to moor your Vessel at (a) any empty Slip; or {b) the Slip designated by Inn personnel, during the Moorage Period set forth above.

 

2.   Terms and Conditions of Permission. In consideration of being permitted to moor your Vessel, you agree that you will:

  1. Pay the Moorage Fee in full upon mooring your Vessel or, if permitted by the Inn, immediately before you depart the Dock;

2. Comply with all applicable laws governing your use, registration and licensure of the Vessel (including payment of all required taxes and fees to the proper governmental authorities) and its performance under this Agreement, as well as rules and regulations for the use of the Slip and Dock that the Inn may provide from time to time, including those posted at or near the Dock;

3. Remove the Vessel from the Slip or Dock if there is a severe weather warning (or other significant event) and Inn personnel direct you to do so;

4. Not use the Slip or the Dock in any way which causes or may cause any nuisance, damage disturbance, annoyance, inconvenience or interference to other users of the Dock or their environs (including the adjacent hotel);

5. Keep the Slip clean and free of trash, litter or obstructions, refrain from damaging or obstructing any part of the Slip, Dock or their environs and otherwise exercise due care in occupying and using the Slip and the Dock;

6. Use those access and egress routes to and from the Dock reasonably specified by the Inn from time to time; and

7. Escort all of your guests or invitees on and off the Slip and the Dock, make sure that you or your family members accompany guests or invitees at all times and make sure that guests and invitees comply with all Slip/Dock rules and regulations, including the terms of this Agreement.

 

1.       Disclaimer of Liability; Assumption of Risk.

 

1.       General Disclaimer. The Inn does not staff or provide security on or for the Dock or the Slips and does not guarantee the safety or security of any Vessel, person or other property left in, on or around the Slip, the Dock or your Vessel. You specifically acknowledge and agree that the Inn, Q Hospitality Management, LLC, their affiliates, and such entities' respective officers, members, directors, employees, contractors, suppliers agents and assigns (together, the "Inn Parties") will not be liable for any claims, suits, causes of action, or proceedings ("Claims") or any losses, liabilities, damages, penalties, fees, costs and expenses ("Losses") you suffer or incur under this Agreement, no matter how caused or occasioned, excepting the gross negligence or willful misconduct of the Inn or its personnel.

 

1.       Specific Disclaimer. The Inn, on behalf of all Inn Parties, specifically disclaims all responsibility for such Claims and Losses and all related liabilities. This disclaimer includes any such Claims or Losses caused by or attributable to the nature, construction, design, condition or state of repair of the Dock or Slip, storm, fire, flood or other hazards, theft, accident and also including one or more Inn Parties' own negligence (but excluding their gross negligence or willful misconduct).

 

1.       Assumption of Risk. You acknowledge and agree that mooring your Vessel poses certain inherent risks to the Vessel, to you and to your invitees and guests, including sever or total damage to the Vessel, bodily injury or death, including while mooring and/or entering or exiting the Slip or the Dock, the negligence of other boat or float plane owners, marine or air traffic and other hazards relating to your use of the Slip and the Dock and your operation of your Vessel. You further acknowledge and agree that it is your sole responsibility to insure your Vessel if you choose. To the maximum extent permitted by law, you assume all such risks, including to yourself and to your Vessel and any personal property thereon or therein.

 

1.       Waiver and Release; Indemnity.

 

1.       Waiver and Release. On behalf of yourself, your personal representatives, my marital community and your heirs, successors and assigns you waive your right to bring or recover any Claims against or from the Inn Parties. You specifically acknowledge and agree that (i) this section waives your right to sue the Inn Parties, including for (i) Claims for bodily injury or death to you or your guests; and (ii) damage to your Vessel; (ii) this waiver and release extends to all Claims, whether based in negligence, contract, strict liability or other bases, whether such Claims are known or unknown to you as of the date you sign this Agreement, and whether caused in whole or in part by the negligent acts or omissions of one or more of the Inn Parties (except their gross negligence or willful misconduct).

 

1.       Indemnity. You will indemnify, defend and hold the In Parties harmless from and against any and all Claims or Losses incurred or suffered by any of them or brought or asserted against them to the extent arising out of or relating to (i) your acts or omissions and/or (ii) the presence of the Vessel in the Slip or at the Dock. The foregoing obligation specifically includes Claims or Losses made by or occurring as a result of the acts or failures to act of Licensee's guests and invitees.

 

1.  Governing Law, Jurisdiction and Venue. This Agreement will be governed in accordance with the laws of the State of Washington, as if entirely made therein and excluding its conflicts of laws rules. The parties consent to the exclusive jurisdiction of the courts of the State of Washington for the adjudication of any Claims arising between them, including as to this Agreement's breach or validity. Venue for such disputes will be in the courts of competent jurisdiction located nearest the Inn.

 

2.  Severability; Attorneys' Fees. The purpose of this Agreement is that it shall be an enforceable waiver and release of liability and indemnity as broad and inclusive as is permitted by Washington law. If any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. Also, any invalid provision will be modified to the extent required to render it valid and in such a way as to effectuate the intent of the parties and the purpose of this Agreement. If there is a Claim arising under this Agreement, the prevailing party will be entitled to reimbursement by the other party of all reasonable and actual attorney's fees and court costs incurred in connection with such Claim.