HIDDEN COVE MARINA
547 Reid Hill Road
Moncks Corner, SC 29461
Phone: 843-899-3909

BOAT SLIP AGREEMENT

In consideration of the mutual benefits and promises set forth in the Agreement, Marina, and Renter agree as follows:

1. The Rental Owner: Rental Owner must be identified and present at issuance of slip.
2. The Boat: Boat description must be supplied at issuance of slip.
3. Insurance Provider: Proof of insurance must be supplied at issuance of slip.
4. Boat Slip: A specific boat slip will be assigned at issuance of slip.
5. Rental Term: Rental of the Boat Slip is for a twelve (12) month term that shall commence on the agreed upon Commencement Date and shall continue in effect until the Annual Renewal Date or until terminated pursuant to Paragraph 20 below. After the last day of this term, and every twelve (12) months thereafter ("Annual Renewal Date"), this Agreement shall renew for twelve (12) months at the rate then in effect (for existing tenants, not an introductory rate) for that calendar year at Marina for boats of Renter's size unless Renter notifies the Marina in writing of Renter's intent to terminate the Agreement at least 60 days in advance of the Annual Renewal Date.
6. Rental Rate:
   1. Rent shall be paid in consecutive, monthly installments, the first of which shall be paid at the commencement of this agreement. The renter may pay the entire year in advance.
   2. Renter shall pay to Marina a charge of $10.00 per day if Renter fails to pay the entire fees due, by their respective due dates, as set forth above.
   3. In the event of any non-payment of rent, including but not limited to recovery in whole or in part of delinquent slip rental charges, the Renter agrees to pay all court costs together with attorney fees for collection of such charges.
   4. A $50.00 convenience fee will be charged if Renter elects to pay for power.
   5. A charge of 3% shall be added to any credit card payment.
7. Returned Check: Renter shall pay to Marina a charge of 5% of the face value of the check or $30.00, whichever is greater, for each check that is returned to Marina as unpaid and any late charges, if applicable.
8. Liability: Renter has inspected the Boat Slip and accepts the Boat Slip in its current condition. Renter voluntarily and knowingly assumes all risks of use of the Boat Slip. Marina shall not be liable for the care, security or the protection of the boat, its appurtenances, or contents. Marina does not warrant the condition of the piers, walks, gangways, ramps, mooring gear or utility lines. Marina shall not be responsible for injuries to persons or damage to property occurring on the Boat Slip or within Hidden Cove Marina. Renter shall hold Marina harmless and indemnify Marina for any and all claims, loss, damage, or liability directly or indirectly resulting from the dockage of the Renter's vessel.
9. LIEN: MARINA SHALL HAVE THE RIGHT TO PLACE A LIEN AGAINST THE BOAT, ITS APPURTENANCES AND CONTENTS FOR SUMS FOR DOCKAGE AND RENTAL, SERVICES PROVIDED TO THE BOAT, INJURY OR DAMAGE CAUSED OR CONTRIBUTED TO OR BY THE BOAT OR RENTER, INCLUDING BUT NOT LIMITED TO DAMAGE TO PIER, PILING, DOCKS, WHARFS, PERSONAL INJURY, DAMAGE TO OTHER BOATS OR VESSELS, POLLUTION BY OIL, ITS DERIVATIVES, OR OTHER HAZARDOUS MATERIALS, LOSS BY SINKING, COLLISION, FIRE OR OTHER LOSSES. THE BOAT WlLL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS FIFTY-DAY (50) PERIOD AFTER DEFAULT. THE RENTER IS IN DEFAULT FROM THE DATE THE PAYMENT WAS DUE.
10. Security Deposit: Marina acknowledges receipt of any required Security Deposit from Renter as security by Renter for the performance of this Agreement. Marina may use, apply or retain the whole or any part of the Security Deposit to the extent required for the payment of any Fees or other sum as to which Renter is in default or for any sum Marina may expend or be required to expend by reason of Renter's default including, but not limited to, any damages to the Marina resulting from any act or omission by Renter or its agents, guests, invitees, or licensees. If Renter complies with all of terms of this Agreement, the Security Deposit shall be returned to Renter within forty-five (45) days after possession of the Boat Slip is returned to Marina. Marina shall not be responsible to place the Security Deposit in any separate account or in escrow or trust account and the Security Deposit may be commingled with other funds of the Marina. This Agreement is for a one-year term with an automatic one-year renewal. If Renter terminates this Agreement before the end of the one-year term, Marina may, at its discretion, retain all or part of the Security Deposit.
11. Insurance: Renter warrants that he shall maintain at all times watercraft liability and/or protection in an amount not less than $100,000.00 with deductible not more than $10,000.00 for each occurrence for bodily injury and property damage and indemnity coverage. Renter shall maintain hull insurance for market value of the watercraft. Upon request by Marina, Renter shall provide Marina with Certificates of Insurance evidencing the above coverage naming the Marina as an additional insured.
12. Adverse Weather Conditions: Marina is not responsible for any damage whatsoever to Renter's boat from storm, hail, hurricane, or any other force of nature. In the event Renter's boat appears, in the sole discretion of Marina, likely to cause bodily harm or damage to property, the Renter holds the Marina harmless for any damage done should the Marina take emergency action on or to the Renter's boat before, during or after a storm or hurricane including, but not limited to, emergency preparation or salvage work. Emergency storm preparations include any activity which the Marina deems necessary to protect persons from Injury or property from damage. Renter hereby indemnifies and holds Marina, its employees and agents, harmless from any and all claims, damages, and liabilities arising out of Renter's boat during a storm or hurricane.
13. Action by Marina Staff: In times of adverse weather or otherwise, Marina reserves the right, but not the obligation, to take any action necessary to Renter's boat to protect the safety of persons and property. Renter agrees to pay all costs incurred in such action.
14. Boat Condition: The boat must be in good condition and capable of maneuvering and self-propulsion, with an operable engine, and if requested by Marina, the Renter will at any time demonstrate the mobility of his vessel to Marina's satisfaction.
15. Marina Rules and Regulations: Renter, his agents, employees, guests, invitees, or licensees shall comply with all applicable laws and ordinances and all Hidden Cove Marina Rules and Regulations, including but not limited to those set forth in the "Marina Rules and Regulations," or any amendments or supplements thereto. Any breach of the Marina Rules and Regulations shall be a breach of this agreement.
16. Ownership, Assignment, and Use of Boat Slip:
    1. Renter may not assign this Agreement nor sublet the Boat Slip without the express written permission of Marina. Residence on the Boat is not permitted. Renter shall advise the Marina of any legal change of ownership or rental of the Boat within 24 hours following such a change or rental and, upon request, shall provide such evidence thereof as Marina may require.
    2. Part ownership of the boat does not obligate the Marina to furnish dockage to any partner or shareholder other than the original signatory of the Agreement if the partnership or corporation is dissolved.
    3. Marina may assign this Agreement as collateral for any loan.
17. Notice:
    1. Any notice to Renter or Marina shall be in writing and shall be delivered to the address of the appropriate party as set forth above. Notice shall be deemed as received two calendar days following the date of mailing if addressed and mailed by certified or registered mail, to the address set forth above or such address as shall subsequently be provided by appropriate notice.
    2. Notwithstanding the above, Marina may, in its sole discretion, rely on any oral notice from Renter and, in cases in which time is of the essence, may notify Renter by telephone or other personal notice.
18. Representations of Renter: Renter certifies that the representations herein are correct and that he is the lawful owner of the Boat or is authorized to subject such boat to this Agreement.
19. Changing Boat Slips and Removing Boats: Marina may, without notice to Renter, change the location of the Boat Slip to another Boat Slip of comparable size. In such an event, Marina shall promptly notify the Renter of the change. If Renter breaches the Agreement and fails to remove the boat from the Boat Slip within the time specified in a written notice to the Renter by the Marina, Marina may remove the Boat from the Harbor to such place as it may determine, including an offshore mooring, without any liability to Marina.
20. Termination:
    1. The Agreement may be terminated by Marina upon (i) breach of this Agreement by Renter, his agents, employees, guests, invitees, or licensees; (ii) misrepresentation by Renter; (iii) failure to pay any sum when due; or (iv) thirty days written notice to the Renter. Termination by the Marina does not waive any claims by Marina for sums due or incurred from the date of termination until the Boat is removed from the Harbor.
    2. The Agreement may be terminated by the Renter upon (i) thirty days written notice to Marina; or (ii) the Boat Slip becoming unserviceable.
    3. Renter warrants that he will not rent, use, or occupy a Boat Slip from any agent or owner other than Marina for a period of sixty days from the termination of this Agreement.
21. Default: Upon any occurrence or existence of a breach of this Agreement or a default which does not result in termination as set forth above, either party may pursue such remedies provided herein or any other remedies provided by law or equity. Marina's pursuit of any remedy provided herein shall not constitute a forfeiture or waiver of any rent due to Marina or of any damages accruing to Marina by any reasonable violation of any of the covenants and provisions contained in this Agreement.
22. Governing Law: This Agreement shall be construed and governed by the laws of the State of South Carolina. Should any provision of this Agreement be illegal or un-enforceable under the laws of the State of South Carolina, the remaining conditions of this Agreement shall remain in full force and be binding upon the parties hereto.
23. Waiver of Trial by Jury: Marina and Renter each agree to, and they do hereby waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Agreement and/or Renter's use or occupancy of the Boat Slip and/or any claim of injury, damage, or incident thereto.
24. No Waiver: No waiver or breach of any covenant, condition, or agreement contained shall operate of a waiver of the covenant, condition, or agreement itself, or any subsequent breach thereof.
25. Attorney's fees: In the event any legal action, arbitration, lawsuit, or other court action is instituted to enforce the terms and conditions of this Agreement, the successful party to each legal action shall be entitled to collect from the unsuccessful party all costs of enforcement of the Agreement, including court costs and reasonable attorney fees.
26. Live Aboard: No live aboards are permitted, nor are any persons permitted to stay overnight on the vessel for any period of time without the prior written approval from Marina.
27. Contractors: Renter agrees not to employ a contractor for work on his vessel unless that contractor has general liability insurance coverage of at least $1M aggregate, and $500,000 for each incident of property damage or personal injury.