Boat Storage - Reserve Your Spot Today

Thank you for your interest in storing your boat with Yachtics! We offer indoor storage and hurricane plans.

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One complementary round trip transport

Valid in the Miami area when you store with us for 12+ months.

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Yachtics Storage Agreement

STORAGE AND SERVICE LICENSE AGREEMENT

This Storage and Service License Agreement ("Agreement") is entered into between Yachtics LLC ("Yachtics" or "Licensor") and the licensee identified in the online submission ("Licensee" or "Owner"). Yachtics hereby grants a limited license to utilize its facilities for storage, dockage, drydocking, and marine services for vehicles, vessels, and equipment, subject to the following terms and conditions.

DEFINITIONS

1. Licensor means Yachtics LLC and the owner or operator of any facility where the vehicle, vessel, or equipment is stored.

2. Facility means the buildings, land, and premises owned, operated, or controlled by Yachtics LLC, including 266 W 23rd Street, Hialeah, FL 33010 and 3640-3650 E 10th Court, Hialeah, FL 33013.

3. Licensee or Owner means the owner of any Vessel and related equipment and vehicles ("Vessel" or "Property") which has been granted a license to use the Facility, and shall include Licensee's guests, invitees, representatives, crew, contractors, and suppliers.

4. License is a right to use the Facility under the terms of this Agreement. The Agreement is not a tenancy and does not create a landlord-tenant relationship. This license may be revoked at any time at Licensor's sole discretion in accordance with this Agreement.

5. License Fees means the costs charged to Licensee by Licensor for storage and services.

TERMS AND CONDITIONS

6. Nature of Agreement

This Agreement defines the relationship between Yachtics, Licensee, and any vessel in rem relating to use of Yachtics' premises. This Agreement does not constitute a bailment. Licensee retains full care, custody, and control of the Vehicle, Vessel, or Property at all times.

7. Billing and Payment Terms

Licensee shall be billed monthly. All payments are due in advance on the 1st day of each calendar month for the following month's storage. All License Fees are deemed fully earned when paid. No refunds, credits, or pro-rata adjustments shall be issued for any reason, including but not limited to early departure, vessel sale, change in storage needs, unused portions of any month, or termination by Licensor for any reason. Licensee waives any right to claim, demand, or pursue refund, credit, or set-off for any reason whatsoever.

8. Payment Methods

Acceptable methods of payment are cash, check, bank wire transfer, ACH, MasterCard, Visa, Discover, American Express, Zelle, or Venmo. An additional fee may be applied for certain preferred payment methods. Licensee agrees to pay any service charges (up to 3% of any charge) charged to Licensor for use of credit or debit cards. All past due amounts must be paid before any Vessel may depart the Facility.

9. License Fee Rates

Licensee agrees to pay $3.25 per square foot, per month, plus Florida sales tax of 7.0%, in advance on the 1st day of each calendar month, unless on a 12-Month Agreement. If on a 12-Month Agreement, the rate shall be discounted 10% for the term, conditional on continuous compliance with all payment obligations. Failure of a 12-Month Licensee to pay on the 1st of the month voids the 10% discount for that month and may, at Licensor's discretion, void the discount retroactively for the entire term.

10. Payment Default and Termination

Time is of the essence. License Fees are due in advance on the 1st of each month. Any payment not received by the 1st places Licensee in default of this Agreement.

(a) Late Fees. Any payment received after the 1st of the month shall incur a late fee equal to the greater of $20.00 per day or 1.5% of the unpaid balance per month, accruing from the original due date until paid in full.

(b) Interest. All unpaid amounts (including late fees) shall accrue interest at the rate of eighteen percent (18%) per annum, compounded monthly, from the original due date until paid in full.

(c) Suspension of Access. If payment is not received within five (5) calendar days of the due date, Licensor may, at its sole discretion and without further notice, suspend Licensee's access to the Facility and to the Vessel until all outstanding amounts are paid in full.

(d) Termination. If payment is not received within thirty (30) calendar days of the due date, Licensor may, at its sole discretion and without further notice or opportunity to cure, terminate this Agreement, declare all remaining License Fees through the original term immediately due and payable, and exercise all remedies under this Agreement and Florida law, including the lien rights set forth in Section 24.

(e) Cumulative Remedies. The remedies in this Section are cumulative and not exclusive. Licensor's election not to exercise any remedy at any time is not a waiver of that or any other remedy. Licensor may pursue some, all, or none of these remedies at any time, in any order, at sole discretion.

(f) Reinstatement. If Licensor terminates under subsection (d) and later, in its sole discretion, agrees to reinstate the License, reinstatement shall be conditioned upon: (i) full payment of all outstanding amounts including accrued late fees and interest; (ii) payment of a reinstatement fee equal to one (1) month of License Fees; and (iii) execution of any new agreement required by Licensor.

11. Initial License Fee Payment

Licensee shall pay the first month's invoice prior to any Vessel or Property arriving at the Facility. Payment shall be made by cash, cashier's check, credit card, ACH, or wire and is due prior to occupancy. The License fee of $3.25 per square foot per month (or the discounted rate for 12-Month Agreements) plus Florida sales tax (7.0%) is based on maximum storage required for the Property.

12. Term and Termination

(a) Month-to-Month Agreements. Month-to-Month Agreements automatically renew for successive monthly terms at the rate then in effect until terminated by either party with thirty (30) days written notice. Termination is effective at the end of the calendar month following the 30-day notice period. No prorated or partial-month refunds will be issued, even if Licensee vacates before the end of the billing cycle.

(b) Licensor Rate Adjustments. Licensor may adjust the License Fee rate at any time upon thirty (30) days written notice to Licensee. If Licensee does not deliver written objection and remove the Vessel within thirty (30) days of the rate change notice, Licensee is deemed to have accepted the new rate.

(c) 12-Month Agreements. A 12-Month Agreement may not be terminated by Licensee prior to the end of the Term except as expressly permitted in this Section. Vacating the Vessel from the Facility, removing the Vessel, ceasing payment, or any other unilateral act by Licensee does not terminate this Agreement and does not relieve Licensee of any payment obligation.

(d) Acceleration on Default or Early Termination. If Licensee attempts to terminate a 12-Month Agreement before the end of the Term, fails to pay any amount when due, or breaches any material term of this Agreement, all remaining License Fees through the end of the original Term shall, automatically and without further notice, become immediately due and payable in full, together with any accrued late fees, interest, and other charges. Licensee remains liable for the full balance through the end of the original Term regardless of vessel removal, sale, or transfer.

(e) Mitigation. If Licensor actually re-rents the same space to a replacement Licensee during the remainder of the original Term, Licensor shall credit any rental income received against the accelerated balance owed by Licensee. Licensor has no obligation to seek a replacement Licensee, and the credit applies only to fees actually received from a replacement.

(f) Forfeiture of Discount. If Licensee terminates a 12-Month Agreement early for any reason, the ten percent (10%) discount shall be retroactively forfeited, and Licensee shall be liable for the difference between fees paid and the equivalent month-to-month rate for the period the Vessel was actually stored, in addition to any accelerated payments owed.

(g) Survival. The obligations of this Section survive any purported termination of this Agreement.

(h) Termination by Licensor for Cause. Licensor may terminate this Agreement at any time, without notice and without refund, if in Licensor's sole opinion the Licensee, the Licensee's guests, vehicles, vessels, or equipment pose a safety, environmental, or property damage hazard, create a disturbance or nuisance, or impinge on the rights of other Licensees.

(i) Licensor's Rights of Admission and Refusal. Licensor reserves the right, at sole and absolute discretion, to refuse admission of the Vessel to the Facility, to refuse storage services, or to require removal of the Vessel from the Facility at any time, with or without cause, upon thirty (30) days written notice. No refund of any prepaid License Fees shall be owed.

13. Expiration and Holdover

(a) End of 12-Month Term. At least sixty (60) days prior to expiration of a 12-Month Agreement, Licensor will provide written notice of the upcoming expiration. The customer's election made at the time of signing (Auto-Renew or Convert to Month-to-Month) shall govern unless Licensee delivers written notice of a different election, signed by Licensee, no later than thirty (30) days prior to expiration.

(b) Auto-Renewal. If Licensee elected Auto-Renewal at signing, the Agreement shall renew for an additional 12-month term at the rate then in effect upon expiration of the original term, subject to all terms and conditions of this Agreement, with the same 10% commitment discount applied. The auto-renewed term shall thereafter be governed as a new 12-Month Agreement.

(c) Conversion to Month-to-Month. If Licensee elected Convert to Month-to-Month at signing, the Agreement shall continue on a month-to-month basis at the standard month-to-month rate (without the 10% commitment discount) upon expiration of the original term, subject to all terms and conditions of this Agreement.

(d) Holdover Without Election or New Agreement. If, upon expiration of any term, Licensee has not executed a new written agreement and has not removed the Vessel from the Facility, Licensee shall be deemed a holdover Licensee. During the holdover period:

(i) The Agreement shall continue on a month-to-month basis at one hundred twenty-five percent (125%) of the standard month-to-month rate, prorated daily;

(ii) All terms and conditions of this Agreement shall continue to apply, including but not limited to the payment, default, lien, indemnification, and limitation of liability provisions;

(iii) The holdover status does not constitute a renewal or extension of the original term and may be terminated by Licensor at any time upon seven (7) days written notice;

(iv) Licensee remains liable for all License Fees, late fees, and other charges incurred during the holdover period until the Vessel is removed and all amounts are paid in full.

(e) Required Departure. If Licensee elects not to renew, not to convert, and not to enter a holdover period, Licensee must remove the Vessel from the Facility no later than the expiration date of the term. Failure to remove the Vessel by expiration shall automatically place Licensee into holdover status under subsection (d).

(f) Holdover Acknowledgment. Licensee acknowledges that the rate and terms applicable upon expiration depend on Licensee's election and conduct, and that holdover status carries an automatic 25% rate premium. Licensee waives any claim that the rate increase upon holdover is unreasonable, unenforceable, or constitutes a penalty, the parties having agreed that the 25% premium reflects the reasonable additional cost of administering an ongoing storage relationship without a new written commitment.

(g) Vessel Sale or Transfer. The expiration of this Agreement is not affected by sale, transfer, or change of ownership of the Vessel. Licensee remains liable for all obligations through expiration regardless of any change in vessel ownership, unless and until a new Licensee assumes the Agreement in writing and Licensor consents to the substitution in writing.

(h) Lien Continues During Holdover. Licensor's lien rights set forth in Section 24 continue uninterrupted during any holdover period. Holdover status does not satisfy, release, or restart any lien.

14. Vessel Condition and Damage Claims

(a) Customer's Duty to Document. Licensee acknowledges that the Vessel may have pre-existing damage, defects, marks, wear, or deficiencies, and that Licensor has no duty to inspect, document, or report on the condition of the Vessel at any time. Licensee bears sole responsibility for documenting the condition of the Vessel before delivery to the Facility.

(b) Acceptance Upon Delivery. By delivering the Vessel to the Facility, or by causing or permitting any third party to deliver the Vessel, Licensee waives any claim that Licensor failed to document or note the condition of the Vessel.

(c) Notice as Condition Precedent. As a condition precedent to any claim against Licensor for damage to the Vessel, Licensee must deliver written notice of the alleged damage to Licensor within three (3) calendar days of discovery or the date the damage was reasonably discoverable, whichever is earlier. The notice must specify the nature, location, and extent of the alleged damage and the date of discovery. Failure to provide written notice within this period is a material breach of this Agreement and shall result in the absolute waiver and release of any and all claims arising from the alleged damage. Compliance with this notice provision is an essential element of any claim, and the burden is on Licensee to plead and prove timely compliance.

(d) Departure Acceptance and Causation Waiver. By removing the Vessel from the Facility, Licensee accepts the Vessel in its then-existing condition and waives all claims for damage that existed at the time of departure. The parties further agree that any damage not identified and reported in writing within fourteen (14) calendar days of the Vessel's departure was not caused by Licensor's actions at the Facility, and Licensee waives any such claims as a matter of contractual agreement.

(e) Standard of Proof. In any claim for damage to the Vessel, Licensee bears the burden of proving by clear and convincing evidence each of the following: (i) the damage did not exist before delivery to the Facility; (ii) the damage occurred during the period the Vessel was in the Facility; and (iii) the damage was caused directly and exclusively by the gross negligence or willful misconduct of Licensor or Licensor's employees acting within the scope of their employment.

(f) Excluded Causes. Licensor shall under no circumstances be liable for damage caused in whole or in part by: pre-existing condition; ordinary wear and tear; latent defects; weather, including but not limited to wind, rain, humidity, temperature variation, hurricane, tropical storm, flooding, or lightning; pests, vermin, mold, or biological growth; battery discharge, fluid leaks, or corrosion; the acts or omissions of Licensee, Licensee's representatives, crew, contractors, or guests; or the acts of any third party.

(g) Tiered Damages Limitation. In recognition of the fact that prompt investigation is essential to determining cause and mitigating damage, the parties agree to the following limitations on Licensor's liability based on the timing of Licensee's written notice of claim:

(i) For claims of which written notice is provided within three (3) days of discovery: Licensor's total liability shall not exceed two (2) months of License Fees paid in the twelve (12) months preceding the claim.

(ii) For claims of which written notice is provided more than three (3) days but within ten (10) days of discovery: Licensor's total liability shall not exceed one (1) month of License Fees paid in the twelve (12) months preceding the claim.

(iii) For claims of which written notice is provided more than ten (10) days after discovery: Licensee's claim is conclusively waived and released, and Licensor's total liability shall be zero.

The parties acknowledge that prompt notice is essential to mitigating damages and that delay in notice fundamentally prejudices Licensor's ability to investigate, document, and respond. The graduated damages limitations reflect a reasonable estimate of the parties' assessment of how delay impacts the validity and provability of any claim.

15. Acknowledgment of Facility Conditions

(a) Commercial Facility. Licensee acknowledges that the Facility is an active commercial boat storage and service yard, and that conditions inherent to such facilities include but are not limited to: vehicle and equipment movement, dust, noise, vibration, lighting variations, temperature variations, humidity, presence of other customers and contractors, and ambient industrial conditions. Licensee accepts these conditions as inherent to the storage of the Vessel at the Facility and waives any claim related to ordinary facility conditions.

(b) No High-Security or Fire-Suppressed Environment. Licensee acknowledges that the Facility is a commercial storage warehouse and not a high-security or fire-suppressed environment. Licensee acknowledges that the Facility may not have sprinklers, smoke detection systems connected to emergency services, 24-hour monitoring, on-site security personnel, perimeter alarms, or comprehensive surveillance coverage. Licensee accepts the Facility in its as-is condition and waives any claim that the Facility lacked reasonable security features, fire suppression systems, or environmental controls. Licensee acknowledges that any descriptions of the Facility on Licensor's website, marketing materials, or in any oral statements (including but not limited to descriptions such as "indoor," "secure," or "hurricane-proof") are general descriptions and not warranties or representations regarding any specific level of security, fire safety, or weather protection.

(c) Licensee's Insurance Is Primary. Licensee acknowledges that the insurance carried by Licensee on the Vessel under Section 29 is the sole and primary source of recovery for any loss, damage, theft, fire, vandalism, weather event, or other casualty affecting the Vessel at the Facility. Licensor's insurance, if any, does not cover and is not intended to cover Licensee's Vessel or Property. Licensee waives any claim that Licensor failed to maintain insurance covering Licensee's Vessel.

(d) Customer Acceptance. By executing this Agreement and delivering the Vessel to the Facility, Licensee acknowledges that Licensee has had the opportunity to inspect the Facility, evaluate its security and safety features, and determine that the Facility meets Licensee's needs. Licensee assumes all risk associated with storage at the Facility as the Facility is currently configured.

16. Additional Stored Property

If Licensee wishes to store additional property beyond the agreed license area during any month, a rate of $3.25 per square foot per month shall be assessed for the additional property for every month it is stored. Yachtics is not responsible for loss or damage to any boat, vessel, vehicle, equipment, or accessories within the Facility. Licensee is liable for any damage Licensee causes to any other vessel, vehicle, or equipment on Licensor's premises.

17. Vessel Movement and Yard Operations

When a Vehicle, Vessel, or equipment enters the Facility, it shall be stored and maneuvered only as directed by Licensor. Yachtics reserves the right to shift or move any Vessel or equipment in the absence of Owner or Owner's Representative should the need arise as determined by Licensor and may move it to another Yachtics location. Any movement, relocation, or handling of the Vessel by Licensor at Licensee's request shall be governed by a separate written work order. Licensor shall have no liability for any damage occurring during such movement except for gross negligence or willful misconduct.

18. Subletting and Assignment

Licensee may not assign or sublet the Facility, or any part thereof, or this Agreement, without first obtaining written permission from Licensor. Licensor has absolute discretion to deny permission for any reason. Any unauthorized assignment, sublet, or transfer is void and constitutes a material breach of this Agreement. Licensor may freely assign this Agreement to any successor entity, affiliate, or purchaser of its business or assets.

19. Condition of Premises

Licensee acknowledges that the premises have been inspected and are in good and serviceable condition. Licensee promises to keep the premises in a neat and sanitary condition and to immediately reimburse Licensor for any sums necessary to clean, maintain, or repair the premises due to Licensee's misuse or negligence. Licensee agrees to clean the premises before vacating and acknowledges that Licensor may charge a fee to clean the premises if not cleaned by Licensee. Should Licensee store additional boxes or items outside any vessel, vehicle, or equipment, Licensor may invoice for the additional square footage at $3.25 per square foot per month plus applicable sales taxes.

20. Prohibition of Hazardous Materials

The storage of hazardous, dangerous, harmful, offensive, or noxious materials is prohibited. The storage of any goods that may constitute a nuisance to Licensor, Licensor's employees, or other Licensees is prohibited. The storage of any corrosive materials, perishable items, contaminants, pollutants, contraband, toxic waste, welding material, flammable materials, or explosives is prohibited. Licensee may not store any goods that compromise or affect Licensor's insurance coverage. Storage of any such goods is a breach of this Agreement. Licensor may dispose of such property in accordance with Florida law. Licensee is responsible for any costs incurred for removal and disposal. Licensee is required to dispose of all hazardous chemicals, oils, oil filters, coolant, paint, solvent, and spirits appropriately and report any spill, no matter how small, to the office and proper authorities.

21. Storage of Vehicles

If Licensee stores any automobile, truck, boat, ATV, or other motorized item, Licensee shall place a drip pan under any possible source of leak. Licensee shall disconnect the negative terminal of the battery or remove the battery. All automobiles will be parked in gear or in "park." Chock blocks must secure the wheels of any automobile, RV, or trailer.

22. Noise and Disruptive Activities

Licensee or Licensee's guests and invitees shall not disturb, annoy, endanger, or inconvenience other Licensees, neighbors, Licensor, agents, or workmen, nor violate any law, nor commit nuisance activities, nor permit waste in or about the premises.

23. Access

Licensor may enter and inspect the premises at any time using required entry passes, key fobs, or gate cards. Licensor shall provide access to Licensee or Licensee's Owner's Representative upon request, so as to not compromise security. Access requests within 24 hours of expected entry are subject to an additional charge of $15.00 per request, plus Florida sales tax of 7.0%. Licensee or Licensee's Owner's Representative may request access 24 hours per day, 7 days per week, and 365 days per year. Requests made between 8:00 PM EST and 7:00 AM EST are not guaranteed immediate access. Licensor reserves the right to require advance notice of access, to limit access during operational or emergency conditions, and to deny access while any amount remains unpaid.

24. Lien

Pursuant to Florida Statutes 83.805, 328.17, and applicable maritime law, Licensor has a possessory and maritime lien against the Vessel, her appurtenances, and contents, and a possessory lien against any vehicle, RV, or equipment, for any unpaid charges including License Fees, labor, services, hazardous or oil spill cleanup, personal injury or property damage caused or contributed to by the Vessel, Licensee, Owner, or Owner's Representatives, and any expenses reasonably incurred on Owner's behalf. Failure to pay sums due or abandonment provides for a possessory lien on the Vessel, vehicle, and equipment such that Licensor may proceed with non-judicial sale to recover damages and License Fees owed, and to remove any abandoned or derelict property. Funds recovered in excess of what Licensee owes will be paid to Licensee. If Licensee continues to be in default for 45 days or more, Licensor may enforce the lien and sell the personal property in accordance with the Florida Self-Storage Facility Act, Florida Statutes 83.801-83.809, and Florida Statute 328.17 (Nonjudicial sale of vessels). The sale shall occur at the leased premises or at the nearest available location. Licensor's lien attaches automatically upon arrival of the Vessel at the Facility and continues until all amounts due are paid in full, regardless of vessel removal, sale, or transfer of ownership. If Licensee removes the Vessel from the Facility while in default or during early termination of a 12-Month Agreement, Licensor's lien shall continue to attach to the Vessel and to any proceeds of sale, transfer, or other disposition of the Vessel until all amounts due under this Agreement are paid in full.

25. Owner's Representative

Licensee shall appoint a named representative who shall be authorized to act on behalf of the Vessel for all matters relating to storage and service ("Owner's Representative"). The Owner's Representative shall provide reasonable assistance to facilitate timely and efficient completion of services.

26. Yard Conduct Restrictions

The Facility is not a self-repair yard. Licensor will allow minimum cleaning work and maintenance in the yard. No work other than basic maintenance may be conducted in the yard without prior consent of Yachtics, including work by Licensee, Owner's crew, or any subcontractor employed by Licensee. No person or animal shall occupy the premises as a live aboard or engage in overnight occupancy. No business may be operated at or on the premises. It is prohibited for any unauthorized person to solicit business or offer for sale goods or services within the yard, including advertising in the yard or on vessels. Children under twelve are not permitted at the premises except under immediate supervision of an adult.

27. Pets

Any animal belonging to a customer must remain leashed and supervised at all times. Any animal found tied and unattended will be considered abandoned and disposed of accordingly. The owner of any animal is responsible for cleaning up after it and for any damage or injury it may cause. Licensee may not leave pet food where it may attract rodents or vermin.

28. Communications and Emergency Actions

It is Licensee's responsibility to ensure Yachtics can reach Licensee or an authorized representative at all times. In an emergency, should Yachtics be unable to reach Licensee or representative, Licensee authorizes Yachtics to act in what Yachtics deems proper at the risk and expense of Licensee and the Vessel, and Licensee agrees to hold Yachtics harmless for any damages associated with any ordinary negligence in carrying out emergency actions.

29. Required Insurance

Licensee is solely responsible for procuring insurance for the Vessel, Property, guests, and contractors. Licensee warrants that the Vessel is fully insured covering Licensee's employees, guests, contractors, and subcontractors while on the premises or on the Vessel, including hull and machinery coverage with wreck removal and salvage coverage, and pollution insurance covering discharge of pollutants, oil, fuel, hazardous materials, or garbage. Licensee shall keep such insurance in full force and effect during all times when the Vessel is at the Facility. Licensor's insurance shall not be responsible for Licensee's personal property. Licensor's insurance covers only those items actually owned by Yachtics. Licensee waives any right of subrogation for itself and its insurers.

30. Limitation of Liability and Indemnification

Licensor shall not be liable for any damage or injury of or to Licensee, Licensee's family, guests, invitees, agents, or employees, or to any person entering the premises or building, or to any personal property stored on the premises. Licensee acknowledges that Licensor's storage rates are based on the assumption that Licensor bears no risk of loss to the Vessel. Licensee accepts all risk of loss, theft, fire, water damage, vandalism, weather, and any other cause whatsoever.

Licensee shall defend, indemnify, and hold harmless Licensor, its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising out of or relating to:

(i) Licensee's use of the Facility;

(ii) the Vessel, its operation, maintenance, or condition;

(iii) any act or omission of Licensee, Licensee's representatives, captain, crew, contractors, guests, or invitees;

(iv) any breach of this Agreement by Licensee;

(v) any violation of law by Licensee or those associated with Licensee;

(vi) any environmental contamination, fuel or oil spill, or hazardous material release caused by the Vessel; and

(vii) any claim by a third party related to the Vessel or its presence at the Facility.

This indemnification obligation expressly extends to and includes claims arising from Licensor's own ordinary negligence and survives termination of this Agreement.

31. Waiver of Consequential Damages

Under no circumstances shall Licensor be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to loss of use of the Vessel, loss of charter income, loss of business opportunity, loss of profit, loss of charter or racing schedule, delay damages, diminution in value, emotional distress, or loss of enjoyment, regardless of the legal theory under which such damages are claimed and even if Licensor has been advised of the possibility of such damages. Licensee's exclusive remedy under this Agreement is limited as set forth in Section 14.

32. Services

This Section applies if Licensee engages Licensor for repair work to the Vessel.

(a) Subcontractors. Yachtics may employ subcontractors to perform any services, provided the subcontractor has provided all necessary insurance paperwork to Yachtics and that Yachtics remains responsible for such work. Yachtics shall be responsible for obtaining any approvals or certificates required by regulatory bodies.

(b) Compensation. Licensee agrees to compensate Yachtics for services in accordance with this Agreement and any related contracts. Any deposit shall be payable as stated in the Quote, Proposal, Estimate, Work Order, or Change Order and shall be credited toward the final invoice. Yachtics may submit interim invoices, payable within thirty (30) business days. Failure to pay entitles Yachtics to charge interest at 18% per annum compounded monthly and to suspend work without liability until all sums owed are paid. Final payment is due prior to the Vessel leaving the Facility.

(c) Title and Risk of Loss. Title and risk of loss to the Vessel shall remain at all times with Owner. Yachtics shall have a maritime lien and possessory lien against the Vessel for any unpaid sums.

(d) Limited Warranty. Yachtics warrants that services shall be performed in a professional and workmanlike manner with a degree of skill consistent with local practice within normal working hours. Yachtics warrants that all equipment furnished and made part of the Vessel is new and free of defects unless new parts are not commercially available. Yachtics will repair or replace any defects in equipment or workmanship discovered up to 90 days from the date of service or repair, provided Owner gives written notice to Yachtics within fifteen (15) business days of discovery. This warranty does not apply to equipment manufactured by someone other than Yachtics and covered under a separate manufacturer's warranty. Any defect or deficiency shall be remedied by Yachtics at its premises only. Should it be impractical to repair at Yachtics' yard, Yachtics agrees to pay for labor and materials up to its published rates, capped at $10,000.

(e) Excluded Causes. Yachtics shall not be liable for damage to the Vessel caused by perils of the sea, navigation, fire, normal wear and tear, accidents, misuse, improper stowage, negligence, willful neglect, or alteration or repair by any person other than Yachtics. Licensee's sole and exclusive remedy under this warranty is for repair or replacement of the defect, capped at $10,000. Yachtics disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

(f) Excusable Delay. Yachtics shall complete services and redeliver the Vessel within the agreed period, extended to the extent set forth in a signed Change Order or due to force majeure or other causes set forth in this Agreement.

(g) Yard Rules. Yachtics does not lend or rent tools. Unauthorized use of any yard equipment, tools, or facilities by Licensee, crew, or guests is forbidden and considered legal trespass. Proper attire and footwear is required of all people within the yard. Licensee is responsible for the actions of themselves, their guests, and those in their employ. Licensee may not store any trash or garbage on or near the premises. Yachtics may stop work if any payment is not made in a timely manner and may keep the job idle without penalty or liability until all payments due are received.

33. Force Majeure

Neither party shall be liable for delay or failure to perform any obligation under this Agreement (other than payment obligations) caused by circumstances beyond its reasonable control, including but not limited to acts of God, hurricane, tropical storm, flood, fire, lightning, war, terrorism, civil disturbance, government action, pandemic, supply chain disruption, or labor dispute. The party affected shall promptly notify the other and shall use reasonable efforts to mitigate the effect. Payment obligations are not excused by force majeure. If a force majeure event prevents Licensor from operating the Facility for more than thirty (30) consecutive days, either party may terminate this Agreement with no further liability except for fees due through the date of the event.

34. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Vessel, or any services provided by Licensor shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall be conducted by a single arbitrator in Miami-Dade County, Florida. The arbitrator's decision shall be final and binding. The prevailing party shall be entitled to recover all reasonable attorney fees, arbitrator fees, and costs. Licensee waives any right to participate in any class action, collective action, or representative proceeding. Notwithstanding the foregoing, Licensor retains the right to seek emergency injunctive relief, lien enforcement, and possession remedies in any court of competent jurisdiction without resort to arbitration.

35. Waiver of Jury Trial

Each party knowingly, voluntarily, and intentionally waives any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement, the Vessel, the Facility, or any services provided by Licensor. Each party acknowledges that this waiver is a material inducement to entering into this Agreement.

36. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of laws principles. Subject to the Dispute Resolution provision, any action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and each party consents to personal jurisdiction in such courts.

37. Attorney Fees

In any action, arbitration, or proceeding arising out of or relating to this Agreement, including but not limited to actions for collection, damage claims, lien enforcement, or breach, Licensor shall be entitled to recover all reasonable attorney fees, court costs, arbitrator fees, expert witness fees, and other expenses incurred, whether incurred before, during, or after the action. This provision survives termination of this Agreement.

38. No Waiver

Licensor's failure to require compliance with the conditions of this Agreement, or to exercise any right provided herein, shall not be deemed a waiver by Licensor of such condition or right. Licensor's acceptance of License Fees with knowledge of any default by Licensee shall not be deemed a waiver of such default.

39. Amendments and Waivers

No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing signed by Licensor. No course of conduct, course of dealing, or oral statement by any employee, agent, or representative of Licensor shall be deemed to modify, amend, or waive any provision of this Agreement.

40. Validity and Severability

In the event that any portion of this Agreement is deemed to be in violation of or unenforceable by U.S. or Florida law, said portion only shall be deemed null and void, and the balance shall be interpreted in accordance with the laws of the State of Florida.

41. Notices

All notices to Licensee shall be deemed served upon confirmed email (with delivery or read receipt), mailing by first-class U.S. Mail addressed to Licensee at the address stated in the application, or upon personal delivery. All notices to Licensor shall be served by confirmed email, first-class mail, or personal delivery to Yachtics LLC, 3640 East 10th Court, Hialeah, FL 33013. All notices regarding any sale of the personal property of Licensee shall be sent by both regular first-class mail and certified mail.

42. Right of Setoff

Licensor may apply any deposit, prepayment, or other funds held on behalf of Licensee to any amount due under this Agreement or any other agreement between the parties, without notice.

43. Abandoned Property

Once Licensee vacates the premises, all property remaining shall be considered abandoned and Licensor shall dispose of it in accordance with Florida law.

44. Breach

Any violation of this Agreement by Licensee shall be deemed a breach and any remaining term shall be forfeited. Any false or misleading information provided by Licensee in the application for this Agreement shall be considered a breach and Licensor shall have the right to cancel and terminate this Agreement immediately, with all deposits forfeited as liquidated damages. Licensee is required to follow all posted rules and regulations of Licensor. Any violation of a posted rule shall be deemed a material breach.

45. Application Truthfulness

All representations, information, and statements in Licensee's application must be true. If Licensor discovers falsehoods or misrepresentations, that constitutes a material breach subjecting Licensee to termination.

46. Media and Photography

Licensor may photograph or video the Facility and any vessels stored therein for security, insurance, business records, marketing, or promotional purposes. Licensee consents to such photography and waives any claim arising from the use of such images, provided that vessel hull numbers and identifying owner information are not displayed in public marketing materials without Licensee's separate consent.

47. Confidentiality

Licensee acknowledges that Licensor will collect, store, and use Licensee's personal information solely for purposes of operating this Agreement. Licensee agrees that Licensor's reasonable use of such information for billing, communications, and operational purposes does not constitute a breach of privacy.

48. Counterparts and Electronic Signatures

This Agreement may be executed in counterparts, each of which shall be deemed an original. Electronic signatures, including signatures provided through the online form at the Licensor's website, are valid and binding. Licensee acknowledges that delivery of the Vessel to the Facility, or payment of any License Fees, constitutes additional confirmation of Licensee's intent to be bound by this Agreement.

49. Successors and Assigns

This Agreement binds and benefits the parties and their respective successors, assigns, heirs, executors, administrators, and personal representatives. Licensee may not assign or transfer this Agreement, in whole or in part, without Licensor's prior written consent, which may be withheld in Licensor's sole discretion. Licensor may freely assign this Agreement to any successor entity, affiliate, or purchaser of its business or assets.

50. Survival

The following provisions shall survive any termination or expiration of this Agreement: payment obligations, lien rights, indemnification, limitation of liability, attorney fees, dispute resolution, governing law, waiver of consequential damages, and any other provision that by its nature should survive.

51. Entire Agreement

This Agreement, including any schedules, exhibits, and attachments, constitutes the entire agreement between the parties regarding storage of the Vessel and supersedes all prior negotiations, representations, understandings, and agreements, whether written or oral. No representation, statement, warranty, promise, or understanding not expressly set forth in this Agreement shall have any force or effect.

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