Hoist Use Waiver and Contract

BY SUBMITTING THIS FORM, I AGREE TO THE FOLLOWING INFORMATION:

1. HOIST RATES: Sail Newport (hereafter referred to as “SN”), will make available the hoists for the launch and or hauling of my vessel. I agree to pay SN for the use of the hoists and all incidental charges. All charges will be paid at the time this contract is executed.
2. TERM: All privileges under this contract expire on November 1, 2026. I hereby grant SN a special Power of Attorney for the limited purpose of removing and relocating all vessels, cradles, and other property left in the area beyond the termination date of this contract, at my sole risk and expense. SN reserves the right to relocate boats at SN’s discretion.
3. PAYMENT: Payment for hoist use is due prior to arrival of my vessel for hoist use.
4. INDEMNITY: I agree to indemnify SN against all claims, actions, proceedings, damages and liabilities, including attorney’s fees, arising from or connected with my use of the hoists, including expenses incurred in the removal from the premises of my vessel or other property.
5. WARRANTY: SN makes no representation regarding the condition or safety of any hoist or facility area. I agree to hold harmless, protect and indemnify SN from and against any and all loss, costs, damage, claims, suits, action at law and judgment, including attorney’s fees, which may arise out of any injury to or death of person, damage or loss of property, whether caused by acts of God, fire, windstorm, explosion, flood, burglary, theft, or otherwise.
6. INSURANCE: I agree to maintain liability and owner’s hull insurance on my boat during the storage period. Storage is accepted at my sole risk.
7. HOIST USE: I agree to supply my own lifting strap / bridle and adequate crew and understand that use of the SN hoists is at my own risk.
8. MAINTENANCE: I will keep the hoists area clean and litter free. Nothing will be stored therein without prior written permission from SN. I understand and accept that damages will be assessed against hoists me for any damages to the hoists area, including but not limited to damages to the area from my working on my vessel without a ground cover. No employment of outside commercial labor will be permitted by SN, save the work done under warranty, without first notifying and providing SN with an adequate certificate of insurance and prior approval.
9. RULES AND REGULATIONS: SN reserves the right to amend the terms and conditions of this agreement from time to time, and to make or change reasonable rules and regulations for the operation of the hoists area; however, the stated charge shall not be changed during the term of this agreement. I agree to abide by the following and any additional rules and regulations of SN.
   1. Hazardous Activities: There shall be no burning, lighting of stoves, running of engines, use of electric or oil heaters or any flammable material used in the SN facility. There shall not be any power washing or sanding of bottom paint in the SN facility. All electrical cords must be disconnected when unsupervised.
   2. Waste Oil: I accept responsibility for all oil discharges related to my vessel. Waste oil may not be discarded into SN provided dumpsters, or anywhere within Ft. Adams State Park.
   3. Parking: I understand that parking is prohibited in the dry sail areas. I will park in available, designated parking areas only.
   4. Launching Ramp Use: I understand that the ramp and entrance is to be used for launching and retrieval of vessels. I will not rig, derig or park in this area.
   5. Dock Use: I understand that docks are provided for temporary use only. I will abide by time limits posted by written notice.
   6. All Outside Commercial Labor: Must register upon entering and leaving SN premises and present a certificate of insurance satisfactory to SN prior to the starting of any work. They must also conduct their activities in a safe and clean fashion, leaving SN premises in the same condition as when they arrived. The Boat Owner shall be responsible for all actions or negligence of all outside labor in accordance with item #7 and the Statutory and Common Law of the State of Rhode Island. The SN manager has FINAL determination on whether to permit commercial labor, and to impose reasonable regulations.
10. COLLECTION: Boat Owner agrees that in the event that any amount due SN is referred to an attorney for collection, he will pay, in addition to interest thereon (at 1.5% per month), and all collection charges including reasonable attorney’s fees.