TERMS & CONDITIONS

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I authorize the work as indicated above to be done along with necessary materials, and hereby, grant you and/or your employees permission to operate the boat herein described on waterways or elsewhere for the purpose of testing and/or inspection. An express mechanic's lien is hereby acknowledged on the referenced vessel to secure the amount of repairs thereto. A THIRTY (30) DAY WARRANTY is given on all work performed. All corrections to work performed must be evaluated and repaired by us in cases where a warranty claim is submitted. This warranty is VOID in cases where the work performed has been altered or tampered with in any way. We are not responsible for loss or damage to boats, motors or articles left in boats in case of fire, theft, accident, inclement weather or any other cause beyond our control.

 Summers Offshore Solutions, LLC (“SOS”) DBA Summers Lake Solutions provides services to VESSEL OWNERS. This Agreement sets forth the terms and conditions that apply when SOS agrees to provide services. Whenever SOS is referred to in this Agreement, it includes its agents, successors, licensees, assigns, all its affiliated companies and their respective officers, directors, agents, and employees.

SERVICES

Right of Refusal: SOS reserves the right to refuse to captain, pilot, tow, or otherwise operate any VESSEL if SOS determines at its sole discretion that an unsafe or illegal condition exists or determines that the VESSEL is in a damaged or unseaworthy condition, or if there is the potential of a fuel spill or any other type of environmental contamination.

Rates: VESSEL OWNER and/or the authorized person signing this Agreement on the VESSEL OWNER’s behalf, agrees to be liable for payment for services at the approved service rates on file with the National Park Service (“NPS”). A copy of the current price list will be provided to the VESSEL OWNER upon request.

Response Time: Services will be provided on a first come first-serve basis and may not be available when a VESSEL OWNER requires such service unless booked or scheduled in advance. VESSEL OWNER understands and accepts that on occasion it may take longer than anticipated for SOS to provide services. VESSEL OWNER agrees to hold SOS and its employees and agents harmless for any situation or circumstances that may arise as a result of any such delay.

No Bailment: VESSEL OWNER agrees and acknowledges that SOS shall be under no obligation for safekeeping the VESSEL or any personal property of VESSEL OWNER. VESSEL OWNER agrees that nothing in this Agreement creates a bailment between the VESSEL OWNER and SOS. If a bailment relationship is found to exist, VESSEL OWNER agrees that it is a gratuitous bailment, not a bailment for hire. SOS shall therefore only be responsible for any damage or loss arising from SOS’s gross negligence or willful misconduct.

Compliance with Laws and Regulations: VESSEL OWNER understands that SOS will not operate any vessel that does not fully comply with all of the applicable laws of the State of Utah and/or the State of Arizona and/or the United States and/or the U.S. Coast Guard’s rules and regulations. VESSEL OWNER warrants that its vessel is in full compliance with all laws regulating vessel insurance, registration and safety equipment.

ASSUMPTION OF RISK

VESSEL OWNER acknowledges that the services provided by SOS involve inherent risks of injury, death, and property damage to the VESSEL, its guests, passengers and invitees. VESSEL OWNER agrees to assume all risks of injury, death, and property damage to VESSEL OWNER, the VESSEL, its guests, passengers and invitees while it is operated by or under the control of SOS. VESSEL OWNER is agreeing to this provision out of recognition that OWNER, its vessel and those on board are in a vulnerable, risky and potentially unsafe or dangerous condition which caused it to request SOS’s services.

HOLD HARMLESS AND WAIVER

VESSEL OWNER agrees to hold harmless and waive any and all claims or actions that VESSEL OWNER may have against SOS. VESSEL OWNER releases SOS from all liability to VESSEL OWNER, its co-owners, partners, employees, agents, representatives, guardians, successors, assigns, family members, children and heirs from any type of claims or damages, including but not limited to personal injury, death or property damage arising from or related to the services provided by SOS. This is regardless of whether the damages were caused by the active, passive or sole negligence of SOS.

INSURANCE

VESSEL OWNER warrants that the VESSEL and the VESSEL OWNER are covered by an insurance policy for liability which satisfies the minimum requirements of the State of Utah and/or the State of Arizona. VESSEL OWNER acknowledges that in the event of an accident involving SOS, whether SOS may be in any way at fault for causing such accident, VESSEL OWNER’s insurance policy shall be the primary policy for the satisfaction of all claims and damages.

INDEMNIFICATION

VESSEL OWNER agrees to indemnify, defend and hold harmless SOS from any third party claims or actions of any kind and from any and all damages, liabilities, costs and expenses, including attorney’s fees relating to or arising out of (i) any services provided to VESSEL OWNER by SOS; (ii) VESSEL OWNER breaching any term or condition of this Agreement; and/or (iii) injuries suffered by any of VESSEL OWNER’s guests, passengers or invitees.

If VESSEL OWNER fails to agree to promptly indemnify SOS within 60 days following receipt of written notice from SOS, SOS shall have the right to adjust, settle, litigate and take any action SOS deems prudent by SOS, in its sole judgment, to protect its interest. In any such event, VESSEL OWNER shall reimburse SOS for all amounts paid or incurred by SOS in taking the action it deemed prudent to protect its interest and waives its right to object to the amount of any settlement being excessive, due to VESSEL OWNER’s lack of participation in resolving a claim or action.

LIMITATION OF LIABILITY & NO CONSEQUENTIAL DAMAGES

SOS’’s liability for any type of claim, whether arising from contract, warranty, negligence, any type of tort or aggravated damages, will be limited to the lesser of: (1) the total dollar value of SOS’s invoiced services provided to VESSEL OWNER; or (2) the VESSEL’s fair market value before SOS undertook to provide services to VESSEL OWNER. SOS will not be liable for any loss of use, loss of profits or consequential damages of any type.

GOVERNING LAW & CHOICE OF VENUE

This Agreement will be governed by federal maritime law whenever possible, including but not limited to established maritime doctrines such as the enforceability of marina owners’ and marine service providers’ exculpatory clauses and contractual provisions limiting their liability. If maritime law is held by any court to not be applicable, the law of  Arizona will govern any disputes.

UNENFORCEABLE PROVISIONS

If any term or portion of this Agreement is declared by a court to be illegal, invalid or unenforceable, it shall not affect the validity and enforceability of all of the other terms and conditions of the Agreement.

ATTORNEY’S FEES

SOS will be entitled to recover from VESSEL OWNER its attorney’s fee and all of its associated costs if it is required to initiate any form of legal action or to defend its legal position, including its fees and costs expended during informal negotiations or any type of dispute resolution following its receipt of any claim or any form of litigation.

BINDING ARBITRATION

If any disputes arise out of either the services provided by SOS or arise out of the terms and conditions of this Agreement, VESSEL OWNER agrees that they will be decided by binding arbitration and not in a court of law. VESSEL OWNER agrees, in exchange for SOS providing its services, to waive its right to filing a lawsuit and/or any right to a trial by judge or by jury.

If a dispute arises, VESSEL OWNER agrees to provide written notice to SOS at the following address within 90 days from the date the incident occurred which caused the dispute. VESSEL OWNER agrees that the arbitration will be decided by a single agreed arbitrator, will not exceed one day in length and will be concluded within 90 days from the date the written notice of the dispute has been received by SOS.