Common use of No Refund Clause in Contracts

No Refund. No refund shall be made of any paid moorage fees in any circumstances. Limitation of Liability: THE OWNER IS ADVISED TO CHECK THE VESSEL REGULARLY. The Owner acknowledges thatboatingandthe maintenanceofa marinevesselinvolvemanyinherentrisks,dangersandhazardsandhereby agrees and acknowledges that: a) The Owner fully assumes and accepts all such risks, dangers and hazards, including without limitation the possibility of personal injury, death, and loss or theft of the Vessel, its contents, and personal property. The Vessel, its contents and any personal property moored or stored at the Marina are done so at the Owner’s sole and exclusive risk; b) During the duration of this Contract, the Owner shall obtain insurance coverage for the full value of the Vessel, its contents and any personal property moored or stored at the Marina, whichinsurance shall includewithout limitation a minimum $1,000,000.00 third party liability coverage. The owner acknowledges and agrees that the Company shall not be responsible for providing any insurance coverage; c) Subject to the rights granted to the Company under Section 8 of this Contract, the Company does not in any way take possession of, or undertake any duty to take care of, any vessel berthed under this Contract or otherwise at the Marina. The Company does not represent that the berth or the floats are fit for any purpose. The Owner accepts the Marina premises on an “as is, where is” basis and acknowledges that, in its own judgment, the Marina is suitable and appropriate for their Vessel; d) The Company is not liable or responsible for, and the Owner hereby waives and releases the Company from, any loss, theft, damages or expenses, of any nature whatsoever (including without limitation those arising or resulting from personal injury, death, or loss or theft of or damage to vessels, contents, or personal property, and those suffered or incurred by any of the Owner Parties), however caused, whether by negligence of the Company or the acts of third parties or otherwise; e) The Owner shall hold harmless and indemnify the Company in respect of any and all liability for personal injury, death, or loss of or damage to vessels or contents suffered by the Company, any of the Owner Parties, or third parties (including without limitation to any children or minors under the supervision of the Owner or the Owner Parties), as a result of the Owner Parties’ attendance at the Marina, or the Owner’s mooring or occupying a vessel at the Marina; and f) The Owner further agrees to be liable for any loss, damage or destruction caused to the Company’s property by the Owner Parties or in connection with the Vessel or the Owner Parties’ use of the Marina, and to paythe cost and expenses in incurred by the Company in respect of restoring such loss, damage or destruction, within 30 days of receiving an account for the same , No Assignment or Sublicense by Owner: This Contract is personal to the Owner. The Owner shall not assign this Contract and shall not sublicense the berth, in either casewithout the express prior written consent of the Company, which consent may be withheld in the Company’s sole and absolute discretion. A person purchasing the Vessel shall not acquire any of the rights arising under this Contract, which will automatically terminate (save and except with respect to the Owner’s obligation to pay Fees) upon any change in ownership of all or any part of the Vessel unless the Company, in its sole and absolute discretion, agrees otherwise. Before selling the Vessel, the Owner shall bring this Section to the attention of the prospective purchaser and of any agents acting on behalf of either the Owner or the prospective purchaser If Transfer consent is given there will be a transfer fee of $350.00 or 33.3% of the sale of the lease, the greater of the 2.

No Refund. No refund shall be made of any paid moorage fees in any circumstances. Limitation of Liability: THE OWNER IS ADVISED TO CHECK THE VESSEL REGULARLY. The Owner acknowledges thatboatingandthe maintenanceofa marinevesselinvolvemanyinherentrisks,dangersandhazardsandhereby agrees and acknowledges that:. a) The Owner fully assumes and accepts all such risks, dangers and hazards, including without limitation the possibility of personal injury, death, and loss or theft of the Vessel, its contents, and personal property. The Vessel, its contents and any personal property moored or stored at the Marina are done so at the Owner’s sole and exclusive risk; b) During the duration of this Contract, the Owner shall obtain insurance coverage for the full value of the Vessel, its contents and any personal property moored or stored at the Marina, whichinsurance shall includewithout limitation a minimum $1,000,000.00 third party liability coverage. The owner acknowledges and agrees that the Company shall not be responsible for providing any insurance coverage; c) Subject to the rights granted to the Company under Section 8 of this Contract, the Company does not in any way take possession of, or undertake any duty to take care of, any vessel berthed under this Contract or otherwise at the Marina. The Company does not represent that the berth or the floats are fit for any purpose. The Owner accepts the Marina premises on an “as is, where is” basis and acknowledges that, in its own judgment, the Marina is suitable and appropriate for their Vessel; d) The Company is not liable or responsible for, and the Owner hereby waives and releases the Company from, any loss, theft, damages or expenses, of any nature whatsoever (including without limitation those arising or resulting from personal injury, death, or loss or theft of or damage to vessels, contents, or personal property, and those suffered or incurred by any of the Owner Parties), however caused, whether by negligence of the Company or the acts of third parties or otherwise; e) The Owner shall hold harmless and indemnify the Company in respect of any and all liability for personal injury, death, or loss of or damage to vessels or contents suffered by the Company, any of the Owner Parties, or third parties (including without limitation to any children or minors under the supervision of the Owner or the Owner Parties), as a result of the Owner Parties’ attendance at the Marina, or the Owner’s mooring or occupying a vessel at the Marina; and f) The Owner further agrees to be liable for any loss, damage or destruction caused to the Company’s property by the Owner Parties or in connection with the Vessel or the Owner Parties’ use of the Marina, and to paythe pay the cost and expenses in incurred by the Company in respect of restoring such loss, damage or destruction, within 30 days of receiving an account for the same , No Assignment or Sublicense by Owner: This Contract is personal to the Owner. The Owner shall not assign this Contract and shall not sublicense the berth, in either casewithout the express prior written consent of the Company, which consent may be withheld in the Company’s sole and absolute discretion. A person purchasing the Vessel shall not acquire any of the rights arising under this Contract, which will automatically terminate (save and except with respect to the Owner’s obligation to pay Fees) upon any change in ownership of all or any part of the Vessel unless the Company, in its sole and absolute discretion, agrees otherwise. Before selling the Vessel, the Owner shall bring this Section to the attention of the prospective purchaser and of any agents acting on behalf of either the Owner or the prospective purchaser If Transfer consent is given there will be a transfer fee of $350.00 or 33.3% of the sale of the lease, the greater of the 2.same

No Refund. No refund shall be made of any paid moorage fees in any circumstances. Limitation of Liability: THE OWNER IS ADVISED TO CHECK THE VESSEL REGULARLY. The Owner acknowledges thatboatingandthe maintenanceofa marinevesselinvolvemanyinherentrisks,dangersandhazardsandhereby agrees and acknowledges that:. a) The Owner fully assumes and accepts all such risks, dangers and hazards, including without limitation the possibility of personal injury, death, and loss or theft of the Vessel, its contents, and personal property. The Vessel, its contents and any personal property moored or stored at the Marina are done so at the Owner’s sole and exclusive risk; b) During the duration of this Contract, the Owner shall obtain insurance coverage for the full value of the Vessel, its contents and any personal property moored or stored at the Marina, whichinsurance shall includewithout limitation a minimum $1,000,000.00 third party liability coverage. The owner acknowledges and agrees that the Company shall not be responsible for providing any insurance coverage; c) Subject to the rights granted to the Company under Section 8 of this Contract, the Company does not in any way take possession of, or undertake any duty to take care of, any vessel berthed under this Contract or otherwise at the Marina. The Company does not represent that the berth or the floats are fit for any purpose. The Owner accepts the Marina premises on an “as is, where is” basis and acknowledges that, in its own judgment, the Marina is suitable and appropriate for their Vessel; d) The Company is not liable or responsible for, and the Owner hereby waives and releases the Company from, any loss, theft, damages or expenses, of any nature whatsoever (including without limitation those arising or resulting from personal injury, death, or loss or theft of or damage to vessels, contents, or personal property, and those suffered or incurred by any of the Owner Parties), however caused, whether by negligence of the Company or the acts of third parties or otherwise; e) The Owner shall hold harmless and indemnify the Company in respect of any and all liability for personal injury, death, or loss of or damage to vessels or contents suffered by the Company, any of the Owner Parties, or third parties (including without limitation to any children or minors under the supervision of the Owner or the Owner Parties), as a result of the Owner Parties’ attendance at the Marina, or the Owner’s mooring or occupying a vessel at the Marina; and f) The Owner further agrees to be liable for any loss, damage or destruction caused to the Company’s property by the Owner Parties or in connection with the Vessel or the Owner Parties’ use of the Marina, and to paythe cost and expenses in incurred by the Company in respect of restoring such loss, damage or destruction, within 30 days of receiving an account for the same , No Assignment or Sublicense by Owner: This Contract is personal to the Owner. The Owner shall not assign this Contract and shall not sublicense the berth, in either casewithout the express prior written consent of the Company, which consent may be withheld in the Company’s sole and absolute discretion. A person purchasing the Vessel shall not acquire any of the rights arising under this Contract, which will automatically terminate (save and except with respect to the Owner’s obligation to pay Fees) upon any change in ownership of all or any part of the Vessel unless the Company, in its sole and absolute discretion, agrees otherwise. Before selling the Vessel, the Owner shall bring this Section to the attention of the prospective purchaser and of any agents acting on behalf of either the Owner or the prospective purchaser If Transfer consent is given there will be a transfer fee of $350.00 or 33.3% of the sale of the lease, the greater of the 2.same