Hurricane Removal Clauses Sample Clauses

Hurricane Removal Clauses. After Hurricane Xxxxxx, the Florida legislature enacted Fla. Stat. 327.59 prohibiting marinas from forcing an owner to evacuate its vessel following the issuance of a hurricane watch or warning. Moreover, a marina cannot sue the yacht owner for damages to the marina caused by the failure to evacuate. The yacht owner, however, has a duty to take all reasonable precautions to secure its vessel to protect the marina from harm. Xxxxxxx & Associates, Inc. x. Xxxxxxx, 719 So.2d 31 (Fla. 1st DCA 1998). In response to Fla. Stat. 327.59, Florida marinas are incorporating clauses in their storage agreements whereby the yacht owner authorizes the marina to secure or remove the vessel from its slip or moorage. Sample language of such a clause is: Yacht owner hereby authorizes marina, its employees, representatives and contractors to exercise their best efforts in attempt to secure the yacht from hurricane damages. These efforts may include securing the vessel in its present slip, anchoring my vessel in sheltered waters or whatever actions are deemed to be prudent under the circumstances. Yacht owner further authorize the purchase of additional chain, anchors, anchor rope and other related items, if necessary and available. Yacht owner also agrees to relieve the marina, its employees, representatives’ and contractors, of any liability whatsoever, and agree to pay for any items purchased on the yacht owner’s behalf. Enforceability of the Hurricane Removal Clause
Sample 1
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