I hereby authorize MarineMax Nisswa to pick up and/or deliver my boat for winter storage. It is hereby understood and agreed that I or we agree to indemnify and save harmless Nisswa Marine, LLC from and against any and all damage or exposure which they may suffer or sustain, or be held liable for and against any and all claims, actions or suits on account of damage to property left in their care, custody, and control specifically including but not limited to losses caused by fire, lightning, water, cyclone, tornado, windstorm, hail, explosion, theft, vandalism or any other malicious mischief, collapse of building and other hazards or casualties and whether or not caused by our negligence or acts or failure to act.
I/we agree to pay -- prior to taking delivery in spring -- all storage and repair costs incurred. In case payment is not made, I/we hereby agree to pay all costs of collection, including reasonable attorney's fees and legal expenses.
Every boat owner is urged to insure his property at all times in a suitable amount against all possible hazards and casualties. THIS BOAT IS NOT INSURED BY NISSWA MARINE, LLC.
I, as owner or representative of owner, (“Lessee”) hereby authorize Nisswa Marine, LLC (“Nisswa”) to pick up and/or deliver my boat for winter storage.
Lessee’s boat shall be insured by Lessee with complete marine casualty and liability coverage, a copy of which must be on file with Nisswa. Each Lessee shall be responsible for damage caused by Lessee and Lessee’s guests to other boats located at Nisswa facilities. Lessee agrees to hold harmless, defend and indemnify Nisswa for any damage to person or property. It is expressly agreed by Lessee that Nisswa is not and shall not be construed to be an insurer of Lessee’s property or as an insurer against loss or property damage to the Boat, its gear, equipment or contents due to fire, vandalism, theft, collision, lightning, water, cyclone, tornado, windstorm, hail, explosion or any other malicious mischief, collapse of building and other hazards or casualties and whether or not caused by our negligence or acts or failure to act or any other casualty loss, and Lessee waives his insurer’s right of subrogation against Nisswa and its employees, agents, officers, and directors.
INDEMNITY OF NISSWA: LESSEE, FOR ITSELF AND ITS GUESTS, INVITEES, EMPLOYEES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD NISSWA AND NISSWA’S EMPLOYEES AND AGENTS HARMLESS FROM: (I) ANY AND ALL LIABILITY FOR LOSS OR DAMAGE TO THE BOAT, ITS GEAR, EQUIPMENT AND CONTENTS FOR ANY REASON, INCLUDING NISSWA EQUIPMENT FAILURE; (II) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM, OF ANY NATURE, ARISING FROM THE BOAT; AND (III) ANY AND ALL LOSS, DAMAGE, LIABILITY, LEGAL ACTION OR CLAIM OF ANY NATURE ARISING OUT OF LESSEE’S USE OF THE NISSWA FACILITIES, THE PRESENCE OF LESSEE’S BOAT, CAR OR PERSONAL PROPERTY AT NISSWA FACILITY, OR THE MOVING OF THE BOAT, EXCEPT TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS THE RESULT OF NISSWA’S GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT. NISSWA DISCLAIMS ALL IMPLIED WARRANTIES, AND LESSEE, FOR ITSELF AND ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY RELEASES NISSWA FROM ANY AND ALL LIABILITY ARISING OUT OF ANY CLAIMED IMPLIED WARRANTY. IN THE EVENT OF ANY DAMAGE OR INJURY TO THE NISSWA FACILITY ARISING FROM THE ACTIVE OR PASSIVE ACTS, OMISSIONS OR NEGLIGENCE OF LESSEE, ALL EXPENSES INCURRED BY NISSWA TO REPAIR OR RESTORE THE PROPERTY SHALL BE PAID BY OWNER ON NISSWA’S DEMAND.
Lessee agree to pay -- prior to taking delivery in spring -- all storage and repair costs incurred. In case payment is not made, Lessee hereby agrees to pay all costs of collection, including reasonable attorney's fees and legal expenses and reserves to itself all rights to a lien under Minnesota law upon the boat identified herein for any monies due to Nisswa by Lessee.