Marina Legal Stuff
Marina Terms and Conditions
Effective Date: August 3, 2022
1. Use of the Site; Order of Precedence
Marina shall make competitive rates available to Snag-A-Slip for reservation by users (each a “Boater”). Marina shall be responsible for the accuracy of all rate information that is provided to Snag-A-Slip. In addition, such rates shall be equal to or lower than Marina’s published rates and equal to or lower than any rates provided to any other booking website that makes slips available to Boaters for reservations. Snag-A-Slip shall have the right to cancel reservations made through the Site in extraordinary circumstances defined by Snag-A-Slip, in its sole discretion.
You are representing and warranting that you have full legal authority to (i) register and lease the slip or an authorized agent with legal authority to bind the owner of the slip; or (ii) that you otherwise have legal authority to sublease any leasehold interest you have in the slip. The accommodations made available by Marina shall be of the same or higher quality as slips being made available to the general public. All slips and marinas must be in a safe working order and properly maintained. Each Marina shall be solely responsible for all proper safety requirements under applicable law and proper posting. Any slips which are attached to any non-public areas at the site will be properly marked. Marina shall not allow any dangerous condition to exist at the site and Snag-A-Slip shall have no liability whatsoever related to any personal or property damage or bodily injury of any person or entity.
Each Marina shall have adequate insurance and risk of loss related to the lease of any slip hereunder.
Snag-A-Slip charges the Boater in full at the time the reservation is confirmed. Once the Boater has departed the Marina after the reservation occurs, Snag-A-Slip will remit to the Marina an amount equal to the slip fees, electric, taxes and other fees paid by the Boater for the reservation less Snag-A-Slip’s commission on for securing and processing such reservation (the “Snag-A-Slip Fees”) and credit card processing. In addition, Snag-A-Slip will provide to Marina electronically via the Site, the Boater’s name, boat name, arrival and departure dates and the amount paid for each Boater reservation.
6. Marina Availability
Slip reservations are pre-paid reservations and Boaters shall be guaranteed availability upon arrival for the number of slips in the reservation sent to Marina through the Site and confirmed by Marina at time of booking. In the event that a reservation booked through Site is not available for any reason, Marina shall immediately notify Snag-A-Slip of such unavailability. In no event shall Marina deny a Boater if Marina has an available slip. Snag-A-Slip may, in its sole discretion, refund all fees and charges to a Boater who is denied access to a slip that was confirmed by Marina and Marina shall indemnify and hold harmless Snag-A-Slip for Marina’s breach of this Section 5.
7. Taxes and Fees
Snag-A-Slip collects applicable state and local taxes and any Marina-imposed mandatory fees at the time of reservation. Such taxes and fees are calculated based upon information provided to Snag-A-Slip by the Marina. Snag-A-Slip is not responsible for the accuracy of such rates provided to Snag-A-Slip by the Marina. Marina shall not collect state and local taxes and Marina imposed fees directly from Boater. Snag-A-Slip will remit all collected taxes and fees to the Marina as described in Section 4. Payment. The Snag-A-Slip Fees will be calculated prior to any such taxes and fees.
“Confidential Information” shall mean any information concerning any of the parties hereto (whether prepared by a party, its advisors or otherwise) or the performance of this Agreement which is or has been previously furnished to any party receiving such information (the “Receiving Party”) by or on behalf of a party in connection with the subject matter of this Agreement, including, but not limited to, any financial data, notes, summaries, reports, analyses or other materials derived in whole or in part from such information, and, if in writing, is either clearly marked “confidential” or the like or is otherwise identified to the Receiving Party to be non-public and confidential, or which the Receiving Party would reasonably expect to be considered confidential and non-public; provided, that notwithstanding any failure to so identify it, all financial reports, business plans, information regarding volumes or projections of a party or any information provided or discussed during a meeting of the parties in connection with the subject matter of this Agreement will be deemed to be Confidential Information. The term “Confidential Information” does not include information which (i) is already in the possession of a Receiving Party prior to disclosure by the party disclosing such information (the “Disclosing Party”), provided that such information is not known by such Receiving Party to be subject to another confidentiality agreement with or other obligation of secrecy to the Disclosing Party or another party, or (ii) becomes generally available to the public other than as a result of a disclosure by a Receiving Party, its employees, agents or advisors, or (iii) becomes available to a party from a source other than the Disclosing Party or its advisors, provided that such source is not known to be bound by a confidentiality agreement with or other obligation of secrecy to such Disclosing Party with respect to such information, or (iv) which may be used or disclosed by any party pursuant to the express provisions of this Agreement.
Each party hereby agrees that the Confidential Information will be used solely in connection with the performance of this Agreement, and that Confidential Information will be kept confidential by each party. Notwithstanding the foregoing, (i) any such information may be disclosed to a Receiving Party’s partners, employees, officers, directors, advisors and the representatives of its advisors (collectively, “Representatives”) who are involved in the negotiation or performance of this Agreement and need to know such information for the purpose of evaluating issues relating to this Agreement (it being understood that a Receiving Party’s Representatives shall be informed by the Receiving Party of the confidential nature of such information and shall be directed by the Receiving Party to treat such information confidentially), (ii) Confidential Information may be disclosed pursuant to subsection (c) below, and (iii) any disclosure of Confidential Information may be made to which the Disclosing Party consents in writing.
Each party agrees to be responsible for any breach of this Agreement by its Representatives. If any Receiving Party or any of its Representatives are requested or required (by deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process) to disclose any of the Confidential Information, it shall provide the Disclosing Party with prompt prior written notice of such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Agreement. If such protective order or other remedy is not obtained or such Disclosing Party waives compliance with the terms hereof, the Receiving Party agrees to furnish only that portion of the Confidential Information which Receiving Party is advised by its counsel is legally required and to exercise its reasonable efforts to obtain assurances that confidential treatment will be accorded such Confidential Information.
In addition, without the prior written consent of each other party, each party agrees not to, and will direct its Representatives not to, disclose to any person any of the terms, conditions or other facts with respect to the terms of this Agreement, except (i) to confirm that such party is a party to this Agreement, and (ii) as may be necessary or advisable, in confidential communications with third parties, in order to proceed with the obligations of either party pursuant to this Agreement.
Each party agrees that the other party shall be entitled to equitable relief, including injunction, in the event of any breach of the provisions of this Agreement and that each party shall not raise as a defense or an objection to the request for or granting of such relief that any breach of the provisions of this Agreement is or would be compensable by an award of monetary damages.
Neither party nor any of its Representatives have made or make any representation or warranty as to the accuracy or completeness of the Confidential Information. Neither party nor any of its Representatives shall have any liability to any party or any of its Representatives resulting from the use of the Confidential Information.
9. Customer Data
10. Press Releases
Neither party shall issue or permit the issuance of any press release or other public statement regarding this Agreement or the parties’ relationship without the prior written approval of the other party.
11. Other Marina Obligations
Marina shall ensure that all Marina personnel are properly informed and familiar with the Site and Marina shall bear responsibility for any improperly handled Boater. In the event the Marina is closed (due to sale, renovation or otherwise), Marina shall notify Snag-A-Slip immediately so that all future reservations may be canceled and refunded appropriately. Marina shall notify Snag-A-Slip in advance of any management changes and shall ensure that any future bookings are carried over to the new owner’s marina management systems.
Slip reservations may be subject to cancellation penalties and are non-transferable/non-changeable. Marina shall not change dates or cancel any slip reservation unless directed otherwise by Snag-A-Slip. Requests by Boaters to change or cancel a slip reservation shall be directed to Snag-A-Slip. Snag-A-Slip will follow the Marina’s cancellation policies that are provided to Snag-A-Slip in writing, as may be updated by Marina from time to time upon no less than sixty (60) days’ prior written notice and may refund the Boater as required based on the established cancellation policies. In the event that a slip reservation is cancelled due to extraordinary circumstances defined by Snag-A-Slip (such as family death or natural disaster), Snag-A-Slip may elect to refund the Boater in full and Marina shall not be entitled to payment for such slip reservation. Marina shall ensure that its cancellation policies applicable to Snag-A-Slip (including time periods and fees) shall be at least as favorable to Boaters as its cancellation policies which are applicable to any competitive site. Marina shall not charge any penalty for system errors.
Either Marina or Snag-A-Slip may terminate Marina’s participation in the Marina Participation Agreement at any time and for any reason. In the event of termination, Marina shall honor, in accordance with these Terms and Conditions, all reservations made through the Site prior to the effectiveness of such termination.
How to Contact Us
If you have any questions or comments about these Terms or this Site, please contact us by email at legal...snagaslip...com. You also may write to us at:
Snag A Slip, LLC
921 E Fort Avenue
Baltimore, MD 21230