Marina Dock Age, January/February 2006

When Dealing with Customers, Marinas Need the Proper Documentation
by Dennis P. Kissman

Several times in the past I have written about the importance of having the proper documents In the event a problem arises with a customer and his/her boat while it’s at the marina. The two most important documents are the dockage, storage, or moorage agreement and the marina’s rules and regulations.

Before going any further in-depth about these two documents, it should be noted that what follows are good business practices based on several years of real-world experience in the marina industry. But first, a disclaimer: While employing some legal terminology, the following information should not be interpreted as legal advice or legal representation. It’s always advisable for marina owners and operators to check with legal counsel to make sure they are in compliance with all local, state, and federal laws.

Legally binding

The dockage, storage, or moorage agreement is a legally binding document between the marina and the customer. The marina rules and regulations describe how the marina expects customers to act while they and their boats are at the marina.

Because the agreement is a legally binding document, its name is as important as its contents. Use the term “Dockage License Agreement” rather than simply saying “Dockage Agreement” or “Dockage Contract.” The word license in the title specifically gives a person permission to use the marina. A license agreement is not a contract that binds both you and your customer. In other words, should a problem arise, it is easier to revoke the permission of that person than it is to break a contract. Basically it gives you, the marina owner, more control over any adversarial situation and keeps any litigation out of a tenant-landlord relationship, which usually favors the tenant or, in a marina’s case, the customer. Always have the agreement designate a start and end date — never make an agreement perpetual. Doing this means there can be no ambiguity concerning whether or not the agreement is in effect when you need to enforce the terms and conditions of the agreement.

The first thing the license agreement should contain is complete information on both the customer and his/her boat. Besides having the basic customer contact information — which should include daytime and after hour’s telephone numbers and an e-mail address — it should also have alternate and emergency contact information. If a customer gives a P.O. Box for a mailing address, be sure to get a physical residence address as well. Boat information should be complete, including make, model, chargeable length, beam, and, if appropriate, overall height or draft.   Continue »

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