WORK ORDER TERMS AND CONDITIONS

Whenever either of the terms “Hyannis Marina, Inc.” or “HMI” shall be used in this Agreement, such terms shall mean and include representatives, officers, agents, servants, employees or any other persons acting on behalf of (or under the authority of Hyannis Marina, Inc.). “Hyannis Marina”, “Marina”, “Marina Facilities”, “Boatyard” or “Dockside Marina” shall mean the properties, facilities and businesses commonly known as Hyannis Marina and/or Dockside Marina on the Hyannis Harbor waterfront and associated storage and inland service facilities commonly known as Hyannis Marina and/or Dockside Marina (including bathroom and shower facilities, docks, piers, moorings, boatyard, parking lots, buildings, establishments, grounds and onsite and offsite support and storage facilities) as the case may be. The term “Vessel” or “Boat” shall include the vessel subject to the Work Order, including, without limitation, its engines, accessories, equipment, outboard motors, trailers, dinghies, skiffs, inflatables, personal water craft (PWC), etc. The term Owner shall refer to the owner of the Vessel, the captain, the Owner’s agents, servants, guests, employees, contractors and any other person acting on the Owner’s behalf or under the Owner’s authority.

1. DOCKAGE/STORAGE: If the Vessel named in this Work Order is moored, docked or stored at the Marina, the Vessel and the Owner are subject to HMI’s standard dockage/storage license Agreement which is available on request and the contract terms and conditions of that Agreement are hereby incorporated by reference into this Work Order and made part hereof.

2. BAILMENT/LIMITATION OF LIABILITY: Owner acknowledges and agrees that HMI shall be neither a bailee nor an insurer of the Vessel. Owner agrees HMI shall not be liable for any damage to the Vessel or any personal injury, property damage or economic loss of any kind or nature to Owner, unless caused by intentional wrongdoing of HMI. Owner acknowledges and agrees that HMI does not provide or offer security for Vessels. HMI assumes no responsibility for any loss or damage to the Vessel, its engines, any accessories, or articles left on board, Owner’s vehicles, or other possessions, etc. in case of fire, theft, damage caused by animals, vandalism, exposure to the elements, storms, acts of God, or any other cause however arising. Owner agrees to have the Vessel insured by adequate hull insurance coverage commensurate with the current market value of the vessel and to provide insurance coverage with indemnity protection and liability coverage for all harm. Owner shall provide HMI with a certificate of such insurance coverage.

3. GOVERNING LAW AND VENUE: The parties agree that this License Agreement (a) is a contract which has been negotiated and entered into in the Commonwealth of Massachusetts (b) the contracts between the parties have occurred primarily in the Commonwealth of Massachusetts; and (c) it is the parties’ intention that this Agreement shall be governed by, interpreted under, and enforced in accordance with the laws of the Commonwealth of Massachusetts. In the event of institution of litigation, the parties agree all actions shall be brought only in the Commonwealth of Massachusetts, and that the venue of any such action shall be in the Barnstable Division of the District Court Department or the Barnstable Superior Court in Barnstable, Massachusetts, or in the case of an admiralty in rem proceeding, in the United States District Court for the District of Massachusetts, in the eastern division sitting at Boston; and, further, that all in person legal proceedings in any litigation, including but not limited to, all depositions and hearings, shall be conducted in the town of Barnstable within 10 miles of the Barnstable Superior Court House, except those involving proceedings required to be held at the US District Court building in Boston. All parties waive their right to jury trial.

4. ESTIMATES: The Owner and HMI agree that by reason of the nature of a saltwater environment the following shall be guidelines for HMI in respect to any added work that appears to be needed: If the extra work, labor and materials do not appear in advance to exceed the originally estimated cost of the work, etc., by more than twenty five (25%) percent, HMI shall have authority to provide such work, labor and materials without advance notice or approval of Owner. If the extra work appears in advance to exceed the originally estimated cost by more than twenty five (25%) percent, HMI shall make good faith efforts to contact the Owner and to obtain the Owner’s approval before providing work. Owner understands that this effort will delay completion of the work. If HMI makes good faith efforts for a reasonable period of time to contact the Owner and cannot reach him, HMI shall have the option of suspending the work and placing the Vessel in a safe place at the Owner’s expense until he can be reached, or HMI may infer that the Owner intended to have the original Work Order, and all other work, labor and materials that later appearing to be necessary, performed at the Owner’s expense, and accordingly HMI may go ahead with the extra work. It is further agreed that, during the progress of this Work Order, HMI shall have authority to perform additional work pursuant to the written or oral (including telephone and radiotelephone) instructions of the Owner or his agent, without the need for a new Work Order. Estimates do not include environmental fees or applicable taxes.

5. COLLECTIONS AND FINANCE CHARGES: All invoices under this Agreement shall be due and payable at the time rendered and HMI shall have the absolute option of requiring payment in full, in cash, or wire transfer or by certified check, before the Vessel is allowed to leave the Marina or be launched into the water. In the event there are any outstanding charges for goods or services unpaid at the time of the Vessel's or Owner's departure from the Marina, Owner, by signing this Agreement, expressly authorizes HMI to submit such charges against Owner's credit card. In the event Owner or the Vessel are obligated for payment for unpaid invoicing or for other breach of this Agreement, HMI reserves the right (and shall have the power) to retain possession and control of the Vessel (or any of its engine(s), equipment, accessories, dinghy, inflatable, etc.), without resort to prior intervention and shall have the power, at the sole expense of Owner, to hold said Vessel by hauling it from the water or otherwise securing it to the docks or disabling the Vessel. In those cases HMI deems it necessary to hold the Vessel on land as the most secure, convenient or economical means of holding her, until payment has been received or full satisfaction of HMI’s claims is made, HMI shall not be obligated to restore the Vessel to the water or release the Vessel until all charges are paid in full. Owner and HMI agree and stipulate that if the Vessel leaves the Marina Facilities, with or without HMI's consent, prior to full payment and satisfaction of all amounts claims then due, HMI shall not lose any of its rights to regain possession in a peaceable manner, with or without prior judicial intervention, if so allowed under law, and to hold the Vessel thereafter until HMI is paid or satisfied in full. Owner further covenants and agrees to pay a finance charge at the rate of 1.5% per month on any unpaid balances. Owner further agrees that, in addition to other following provisions of this Agreement, in the event HMI shall retain an attorney to take any kind of action to collect any balances due hereunder, including without limitation, institution of any demands, lawsuits or legal proceedings, etc. to enforce liens etc. against the Vessel, a reasonable attorney's fee, interest as provided herein and all costs and expense of collection or enforcement shall be assessable as part of HMI's damages (regardless of whether any legal proceeding is commenced) in addition to any other balance which may be due.

6. WARRANTIES INDEMNITIES / LABOR: All labor is warranted for 45 days unless otherwise specified. Product must be transported to and from HMI’s shop at Owner's expense. PARTS-The only warranties on the products sold are those offered by the Manufacturer. The Seller expressly disclaims any liability in connection with the sale of said products. HMI will not pay for any expenses incurred at other shops unless previously agreed upon in writing. Buyer shall not be entitled to recover from HMI any consequential damages, damage to property, damages for loss of use, loss of time, loss of profits or income or incidental damages. Owner agrees that HMI is not responsible for freeze damage to boats, when the Owner schedules or contracts the hauling or winterizing of the boat (or Owner delivers the boat to HMI) after October 30th. Owner agrees to indemnify HMI against costs or lawsuits caused by defective parts or lack of parts, incidental problems, delays, etc.

7. ATTORNEY’S FEES: Owner agrees that in the event it is necessary for HMI to employ an attorney in order to enforce any of the terms of this Agreement or defend any lawsuit or claim arising out of this Agreement, then the Owner shall pay all HMI’s costs including reasonable attorney fees, court costs, deposition, investigation, experts, travel expenses and any other necessary expenses, unless a judgment is entered against HMI in favor of Owner for the complete relief sought in any complaint or pleading.

8. EMERGENCY, WEEKEND OR EVENING WORK: Weekend or evening work (after 5 pm), when ordered by the Owner, will be charged at overtime rates (no less than time and one half). Emergency work (such as saving a boat from potentially sinking or potentially causing a pollution problem etc.) which may disrupt HMI’s normal schedule, will be charged at overtime rates (no less than time and one-half). Emergency weekend or evening work, as described above, will be charged at double time.

9. ABANDONMENT: Owner agrees to pay reasonable storage, docking, or parking for boats, trailers, vehicles, motorcycles, etc. If an Owner fails to remove a Vessel from the Marina upon HMI’s request, the Owner hereby agrees to allow HMI to deliver the Vessel to the Owner's premises, without further permission by the Owner and without prior judicial intervention, and agrees to pay a fair and reasonable fee for such a delivery. Alternatively, if HMI or a surveyor appraises the Vessel and determines that the Vessel is valueless, or worth less than the Owner's outstanding bill, HMI, after reasonable efforts to notify the Owner, may destroy, giveaway or otherwise dispose of the Vessel, including selling the Vessel for scrap and billing the Owner for costs without prior judicial intervention.

10. NOTICES: Notices to the Owner shall be deemed to be served properly if posted in writing and placed in an obvious place on the Vessel, or if sent to the Owner at the address set forth above, by first class US mail, email, or text message.

11. SEVERABILITY: The parties stipulate that if any section of this Work Order is, as a matter of law, not enforceable as written, it will be deemed to be separable and severable from the rest of the Agreement and shall not affect the validity or enforceability of the rest of the Agreement.

12. ELECTRONIC RECORD: By submitting this form, I acknowledge that I intend that such submission shall constitute my electronic signature pursuant to the provisions of Massachusetts General Laws, Chapter 110G, Section 1 et seq.; and, that I intend to be (and shall be) fully bound in contract with Hyannis Marina Inc., d/b/a Hyannis Marine and/or Hyannis Marina according to the provisions hereof, including without limitation all terms and conditions set forth herein. I represent and warrant that I am the person whose name appears in this form. I consent that a record of this transaction may be kept in digital or electronic format and acknowledge that I have a right to such record. I hereby waive the right to a paper copy of this Agreement but acknowledge that I may later request (and shall be provided) a paper print copy of this transaction upon written request delivered to HMI. I acknowledge that an electronic or digital copy of this transaction may be retrievable by employment of commonly available computer software (including the software I used in completing this transaction). I understand that HMI may (at its option) terminate any contractual relationship created by this transaction in the event of my withdrawal of consent. I understand also that my consent applies only to this transaction and that any future transaction will be governed by my consent given at such future time.

UD 9/16/22