Kim's Marina and RV Park

Rules

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Detergents and Emulsifiers are not to be used for fuel spills.

In-water hull cleaning

In-water hull cleaning is prohibited. Only hand washing is authorized. Cleaning products used must be phosphate-free and biodegradable. No cleaning products containing ammonia, chlorinated solvents, petroleum distillates or lye are allowed to be used in the Marina.

Guests

It is understood and agreed that all work performed by contractors for guest, is the responsibility of the guest. Marina or marina employees do not endorse or recommend any contractor nor are a party to any agreement between boat owner and contractor. All outside contractors must have insurance to cover any accidents that may occur from the maintenance/repair of a member’s boat.

Slip Holders

Slip holders are allowed to perform maintenance and repairs dockside. Large scale construction or repair operations will be restricted to the boat service area.

Gear

Personal gear or any gear found on the dock or head walks (other than what is explicitly authorized) will be removed at the owner’s expense. Any items requiring special handling will be subject to a charge in addition to removal fees.

Avoid storing excess fuel, or other flammables, aboard the vessel or in the RV. Report oil and fuel spills to the Marina Office and the Bureau of Reclamation immediately.

Fire Extinguisher

We highly recommend each boat and RV maintain a servicable fire extinguisher. Make sure engines and fluids are cool before working in the bilge to avoid burns. Do not fuel boat from portable fuel containers while in the marina. Fueling can only occur at the fuel dock. Keep work area clear of oil and debris.

Trash Containers

Trash containers are provided in various areas of the marina for your use. No household dumping is allowed. Containers requiring special handling such as batteries, paint, petroleum products, toxic chemicals, etc. must be disposed of as required by law. Guests must not place these items in trash containers on Kim's Marina and Resort property. All such items must be removed from Marina property by the guest. All feminine products should be disposed of in the trash, not through septic system.

Restrooms

Restrooms are for the convenience of members and guests. Restroom sinks are not to be used for washing clothes, dishes, or other personal property.

Quiet Hours

Quiet hours are from 10:00pm to 8:30am. Loud or disturbing noise will not be tolerated at any time. Inconsiderate individuals will be asked to leave Marina property without compensation or refund of fees.

Registration must be kept current or members may receive a citation from the Sheriff.

Fuel

Fuel or fuel containers and other volatile items are not allowed to be stored on the dock. Fueling or fuel transfers in the Marina are prohibited by law. All fueling must be done at the fuel docks.

All slip, site and storage fees are due in full to reserve site or slip.

Fish Cleaning

There is no on site fish cleaning. Dispose of unwanted bait offshore. Clean fish using proper fish cleaning practices.

Dogs & Pets

Please abide by the Montana leash laws. All pet owners MUST clean up after their pets. Failure to comply will result in the termination of agreement and removal from property.

Term

Licensee agrees to the minimum 6 month seasonal rate without proration due to any event.

Entirety of Agreement

This agreement contains the entire agreement of the parties. There are no oral waivers, alterations, or additions to this Agreement. This Agreement may only be amended in writing and signed by Licensee and Kim's Marina & R.V. Resort management.

Space Assigned

Licensee shall have the use of the space as registered with Kim's Marina & R.V. Resort. Licensee shall register his/her boat and/or RV with Kim's Marina & R.V. Resort including all information required by the Marina for this purpose. If Licensee removes Boat or RV from its site for extended periods (normally more than three (3) consecutive days), Licensee agrees to notify Marina Manager. Kim's Marina & R.V. Resort may use the slip when not in use by Licensee without compensation to Licensee. Kim's Marina & R.V. Resort reserves the right to move Licensee’s boat without notice if boat is in a slip other than assigned slip.

Termination of Agreement

This Agreement shall be deemed automatically canceled if Licensee personal property is declared by Kim's Marina & R.V. Resort or any government agency to be unsafe or a pollution hazard. If Licensee violates any of the terms or conditions of this Agreement or any of the Rules and Regulations of Kim's Marina & R.V. Resort, then this Agreement shall terminate immediately. If Licensee fails to pay any fees or costs as agreed, or if Licensee’s Boat is a hazard or unsafe, then Kim's Marina & R.V. Resort may take necessary action to remove Licensee’s Boat and place said Boat in dry storage with no liability to Kim's Marina & R.V. Resort or its employees. If it becomes necessary to remove Licensee’s Boat and place it in dry storage or in another location other than the Licensee’s slip, said Licensee will be responsible for all costs of labor, services, and materials required. Licensee will be responsible for and hold Kim's Marina & R.V. Resort harmless for any claim of damage to the Boat resulting from such removal.

Assignment

This Agreement may not be assigned by Licensee and is terminable by Kim's Marina & R.V. Resort

Sale and Transfer of Ownership

Kim's Marina & R.V. Resort shall be notified immediately of any sale or transfer of boat or RV ownership and shall give Kim's Marina & R.V. Resort the right to terminate this Agreement forthwith. If the subject to this License Agreement, is jointly owned, the owner signing this agreement represents he/she is authorized to bind all owners in accordance with the terms hereof.

Waivers

A waiver by Kim's Marina & R.V. Resort of any performance pursuant to this Contract Agreement shall not be deemed as a continuing waiver or sufficient grounds for waiver of any other performance, nor excuse performance by Licensee from any other terms of this Agreement or any of the attached rules and regulations.

Attorneys Fees

In the event that either party shall incur attorney fees and court costs in regards to their rights to this Contract Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and court costs.

Lien

Kim's Marina & R.V. Resort shall have possessory lien on Boat and RV identified herein for any unpaid storage, service, fuel, supplies, etc., furnished in connection with said boat. Such lien is in compliance with Montana State Laws.

Emergency

In case of emergency, Kim's Marina & R.V. Resort is hereby authorized to move Licensee’s boat or RV without liability to Kim's Marina & R.V. Resort personnel for damages or loss of any kind. Licensee hereby guarantees Kim's Marina & R.V. Resort reasonable compensation for said moving.

Care of Sites and Slips

Licensee shall keep and maintain slip in clean and sanitary condition at all times. Upon termination of this Agreement, Licensee shall surrender the slip to Kim's Marina & Resort in good order and repair. Under no circumstances, nor at any time, shall Licensee change, modify or alter any dock, equipment, walkway, float, slip or any other property of Kim's Marina & Resort whatsoever without management approval.

Insurance

It is expressly agreed that Licensee shall carry a minimum liability insurance on all RVs & watercraft of $300,000

Indemnity.

Licensee shall indemnify and hold Kim's Marina & Resort, its directors, shareholders, officers, employees, customers, agents, suppliers and guests harmless from any loss, claim damage cost, or liability. Licensee waives any claim against Kim's Marina & Resort and agrees to hold Kim's Marina & R.V. Resort harmless by reason of any damage or loss to Licensee’s Boat or claim of injury to the Licensee or his guest by reason of physical condition of Kim's Marina & Resort.

Parking Pass

Please reference the official Rules and Regulations for all parameters of customer parking and membership passes. Each member is to be issued (1) one Parking Pass. These passes are only valid for the term of this agreement. Additional parking passes can be purchased for an additional $10 per pass.

Risk of Loss

Licensee shall use slips and facilities at his/her own risk. Kim's Marina & Resort shall not be responsible for the care and protection of the Boat or RV (including gear, equipment or contents). At no time is Kim's Marina & Resort obligated to protect Licensee’s Boat or perform any services with respect to Licensee’s Boat or RV. Kim's Marina & Resort shall not be liable for any loss, injury, or damage to the Boat or RV consequential or incidental damages, whether caused by condition of the Marina’s facilities or any other cause. Licensee has received the same in good order and repair. There is no warranty of any kind as to the condition of Kim's Marina & Resort floats, walkways, dock, equipment, slips or any property whatsoever owned by Kim's Marina & Resort.

Use of Boat

Use of Boat. Licensee warrants that the boat is to be used only for pleasure and for no commercial use of any kind. Any commercial use shall automatically terminate this Agreement.

Rules & Regulations

Our Rules and Regulations are available online and at the Marina Store. Licensee agrees to comply with all rules and regulations of Kim's Marina & Resort (as the same may be changed) and such rules and regulations incorporated herein as a part of this Agreement. Licensee is hereby aware of Kim's Marina & Resort rules and regulations. Any violation of the rules and regulations of Kim's Marina Resort Area constitutes a breech of this Agreement which may result in immediate termination of this Agreement by Kim's Marina Resort Area.

Federal, State & Local laws

You must obey all applicable Federal, State, and local laws whenever you are at or on any Reclamation facilities, lands, or water bodies.

Regulations

You are responsible for the use of any device, vehicle, vessel, or any other property you own, lease, or operate on Reclamation facilities, lands, or water bodies. You may be issued a citation for a violation of regulations, including non-compliance with limitations, restrictions, closures, or special use areas as provided in this part as the owner, lessee, or operator.

Laws & Regulations

You are responsible for finding, being aware of, and obeying all applicable laws and regulations, as well as notices and postings of closed and special use areas established by an authorized official

Rules, Regulations & Responsibilities

LICENSE AGREEMENT: HEREBY GRANTED TO USE THE SLIPS OR SITES IDENTIFIED HEREIN BELONGING TO KIM'S MARINA & R.V. RESORT AREA IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AS WELL AS ALL POLICIES, RULES AND REGULATIONS SETFORTH BY KIM'S MARINA & R.V. RESORT AREA.

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