Terms & Conditions

By storing your vessel with Imperial Yacht Club, Inc. (“IYC”) or authorizing IYC to perform services to Your vessel, you agree to be bound by these terms and conditions (“Agreement”).

1. Storage seasons are as follows: Summer Season is from May 15th to October 15th. Winter Season is from October 16th to May 14th.

2. “IYC” or “Marina” shall mean Imperial Yacht Club, Inc. “You,” “Your,” “Owner,” “Licensee,” or “Member” whether in the singular or plural form, shall mean the owner and any others listed on the membership contract of any vessel berthed in IYC or its affiliated entities. “Membership” is Your license to store your vessel and utilize IYC’s premises, which include the restaurant, pool, WiFi, laundry room, parking, restrooms and attend club events. Membership also entitles You to a discounted labor rate. Membership is limited to two (2) adults and two (2) children per Membership.

3. IYC reserves the right to terminate this Agreement, revoke Your Membership, and withdraw services, amenities, and benefits to You. Revocation shall be done at IYC’s final discretion and sole determination. IYC shall not have any liability in regard to terminating Your Membership nor shall it be liable for incidental or consequential damages to you or any other person or entity as a result of such termination. Membership and storage fees shall be considered liquidated damages and IYC reserves the right to retain and collect them.

4. The captions herein are for convenience of reference only and in no way define, limit or describe the scope of this Agreement and they shall not be considered in the interpretation of this or any provisions hereof. The invalidity of one provision herein shall not affect the remainder of this Agreement. Neither this Agreement nor any provision thereof may be waived, changed or cancelled except in writing. This Agreement may not be assigned. You waive your right to a jury trial and this Agreement shall be enforceable under New York law.

INSURANCE & LIMITATION OF LIABILITY
1. You must carry hull and liability insurance on your boat naming IYC. and 555-583 Davenport Owners LLC as additionally insured. IYC is not responsible for any boat or its contents due to theft, fire, animals, rodent, vandalism, act of God or otherwise. IYC will only be liable for damage to a boat caused solely by its gross negligence up to $10,000.00. Your insurance shall waive subrogation against IYC and You agree to indemnify IYC, and its agents, from and against all losses or liabilities, including reasonable attorney fees and expenses, imposed arising out of the negligent or intentional conduct of You, Your guest, or Your agents, and independent contractors.

2. It is Your responsibility to periodically monitor your boat and protect it from or from causing peril. Please remove water, snow, and ice buildup on boats and covers so as well as secure your vessel in good and safe condition. IYC is not responsible for saving or preventing Your vessel from suffering a peril from storm, act of god, act of war, terrorism, ice, theft, winds, storms, rain, or sinking, etc. You shall be liable and indemnify IYC from all fuel spills or damage caused or attributed to You, Your vessel, Your guests, and independent contractors. You will be responsible for the damage that you cause to other vessels, real and personal property, whether owned by IYC or otherwise whether caused by negligence or not.

3. IYC will not be responsible for any winter covers including shrink wrap that fails or causes peril to Your vessel or any other vessel due to your neglect. Tarps are not permitted. IYC will not be responsible for damage caused or occasioned by failure of shrink wrap or frames due to neglect.

4. Although the Crew is mindful of your property, minor cosmetic scratches, stains, and scuffs may occur while hauling, covering, or maneuvering Your vessel. IYC shall not be held liable for said damage.

INVOICING, PAYMENTS, & ACCOUNTS
1. Storage and hauling of Your vessel is measured on a length over all scale (“LOA”). This is the length from the forward most point to the aft most point on your vessel including all appendages (i.e. bow pulpits, swim platforms, etc). Inaccurate LOA is subject to retroactive invoicing.

2. Vessels will be scheduled to be hauled, launched, or serviced after all outstanding invoices have been paid in full. All payments must clear IYC’s account before said account is deemed paid in full and current. You have a thirty (30) day grace period to pay Your invoice. After thirty (30) days, you will be assessed interest, at an annual rate of 18%, from the date of your original invoice date. Interest will accrue on your entire outstanding balance. Deposits and payments are non-refundable.

3. Prior to the first day of the season stated herein, You are required to pay fifty-percent (50%) of Your storage fee or estimated storage fee. The remainder of said fee shall be due when you are invoiced. If IYC provides an estimated service invoice, You shall pay a 50% deposit at the commencement of said services. Special order parts and parts ordered for insurance claims require payment in full prior to ordering.

4. You specifically authorize IYC to charge your credit card for unpaid invoices that are not paid within ten (10) days of notification of delinquency or for any personal check or other payment that fails to clear. If You fail to pay an invoice or have a delinquent balance, IYC has the right and your permission to detain your vessel, on land or in the water, until said invoice or balance is paid in full and current. You authorize IYC to have a lien on Your vessel for any delinquent balance. All account balances are a lien against your vessel, equipment, and personal property, or furniture despite laws to the contrary. Said lien shall remain a lien on Your Vessel until such obligation is fully paid. The Cost of Collection (“COC”) of any monies due to IYC shall include, but shall not be limited to attorney’s fees, Marshall’s fees, and expenses. Said cost of collection shall be added to your outstanding balance.

5. If Your account is more than six (6) months past due and Your account is not paid in full within ten (10) days of delivery of Notice of Intent to Lien Your Vessel, delivered via certified mail or overnight mail to the address your supplied herein, IYC may cause Your boat, equipment, and personal property to be sold or seized at either a public or private sale. The gross proceeds shall be applied first to IYC’s COC then to other creditors. If said sale yields a deficiency to IYC, You shall remain financially responsible.

6. Due to the delays in receiving payment from insurance carriers and the expense incurred in purchasing goods and supplying labor, IYC requires you to pay insurance claim invoices in full before Your vessel will be release or launched.

7. Should your vessel present unique challenges that exceed reasonably foreseeable situations or average accessibility, IYC reserves the right to add additional time and materials to Your invoice – despite the advertised prices in its Winter, Summer, or Mechanical Contracts. Inaccessibility and vessel design can cause our staff to take longer than estimated to complete Your request.

8. Vessels utilizing shore power will be metered and invoiced monthly.

9. Unless authorized in writing by IYC, vessels remaining on IYC premises after the season, after performance of work, without entering into a storage Agreement, or after your Membership has been revoked or expires will be charged a storage rate of $4.00 per foot, per day, measured length overall. Vessels will not be released until payment is received in full.

Revised: December 2023

SEASON, STORAGE, & CONDUCT
1. Emergency conditions shall be reported to IYC and the authorities immediately. Fuel spills shall be reported to IYC and the United States Coast Guard immediately. You are not permitted to discharge any substance, liquid or otherwise, on IYC’s premises or waterways. You shall not pump your holding tanks overboard at berth into the Long Island Sound and You shall comply with all environmental rules, regulations, and laws.

2. You and your guests shall not create an annoyance, hazard, or nuisance. You may not play loud music or have dock parties on the docks. Please be courteous to your neighbors.

3. IYC may store your boat at one of its three available locations and reserves the right to move, access, or board your vessel should the need arise. You give permission to IYC to access and move Your vessel.
4. All Members are assigned a specific slip. You are not allowed to use a slip that has not been assigned to you. IYC reserves the right to reassign your slip.

5. When you plan to go on a trip for two (2) days or more, you must notify IYC. IYC may rent your slip to transients or utilize it for other purposes while You are not occupying it.

6. Children under the age of fifteen (15) shall be accompanied by an adult at all times. They shall not be permitted to fish, crab, or explore the docks alone. Children under the age of ten (10) shall wear a life vest on the docks.

7. Your shorelines, adapters, and dockside male plugs must comply with Article 555 of the National Code. All electric cords, wiring, and water hoses shall be maintained in good condition. Your hoses must be equipped with automatic shut-off nozzles. All docks shall be kept clear of power cables, and hoses.

8. Dock boxes shall comply with IYC’s specifications (39 1/2” x 19 3/4” x 21 ½”) and you are required to pay a fee to IYC.

9. Preferential parking is provided for Members. Guest must park on the hill.

10. Dinghies and inflatable vessels shall be kept on Your vessel or stored in Your assigned area.

11. No electrical cord or heaters may be left plugged in during winter storage. No open flames are allowed on IYC’s premises or facilities. Barbecuing is not permitted in IYC. You are not permitted to fuel your vessel at berth by portable storage or fueling tanks nor are you permitted to take and receive fuel tank or truck deliveries on IYC premises. You must remove all flammable substances and combustibles from the boat prior to winter storage. This is imperative for the safety of our crew during shrink-wrapping. Failure to do so will be negligence on Your part.

12. You must keep the area around the boat clean or IYC will do so at Your expense.

13. IYC shall not be responsible vessels stored with masts in the up-right position. You agree to remove Your sails prior to hauling, launching, and during land storage. If you fail to do so, you agree to indemnify and hold IYC harmless for any damage or injury caused or sustained.

14. Live-aboard must register, notify, and obtain written approval of the Main Office.

15. Dogs must be leashed and walked off IYC’s premises. Dogs are not permitted in the restaurant or the pool area.

16. You are not allowed to put a For Sale sign or similar sign on Your vessel without prior written permission from IYC. You must accompany all showings. If Your vessel is sold, transferred, leased, or assigned, Your slip assignment shall automatically terminate. Advertising or soliciting by anyone shall not be permitted in any part of the Marina without permission or special consent by IYC.

17. IYC shall not be responsible for damages resulting, directly or indirectly from low water levels at berth, or during egress and ingress.

18. Swimming, diving or fishing shall not be permitted from boats, docks, and finger piers or in any other area of the Marina. Cleaning fish is not permitted on IYC premises.

19. Any trailers used for storing boats must be removed within 48 hours after launching.

20. It is your responsibility to remove and reinstall drain plugs.

LABOR, INDEPENDENT CONTRACTORS, & SCHEDULING
1. Due to environmental regulations, all bottom painting must be performed by a licensed applicator. IYC shall be the sole provider, preparer, and applicator of bottom and running hardware paint and treatments.

2. Hull and bottom work may only be performed by IYC personnel or its agents.

3. Prior to hiring an independent contractor, you must obtain permission from the yard manager. Any independent contractor you wish to work on your boat must first supply IYC with a Certificate of Insurance in the amount of $1,000,000.00 naming IYC as an additionally insured and evidence of worker’s compensation coverage. All independent contractors must be approved by IYC before they commence work on Your vessel and must sign in and out with the IYC’s main office. Any damage or fines, environmental or otherwise, incurred by an unauthorized subcontractor or imposed upon IYC as a result of said independent contractor’s actions will be the sole responsibility of the owner who contracted the work. You are not allowed to hire day laborers to work on your boat.

4. You are not allowed to work on another Member’s boat.

5. Winter storage customers will be given first priority for summer slips. Full-service customers will be given first priority over all others. General scheduling is done on a first come first serve basis. Hauling, launching, and shrink-wrapping is greatly affected by weather conditions, tides, placement of boats in the yard; thus, IYC will not be responsible for lateness. We will, however, go above and beyond to fulfill your expectations.
6. You are to supply your own ladders and tools. The Marina does not loan such items and shall not be liable for injuries arising therefrom.

7. You are not permitted to dive, hire, permit, or otherwise allow divers in the Marina.

POOL SAFETY RULES & REGULATIONS
1. Children under the age of fifteen (15) shall be accompanied by an adult at all times – including the pool deck, patio, and restrooms. Guests are not permitted by the pool without You accompanying them. You are required to pay a guest fee for pool entry and use at the pool or at the office. Members are limited to bringing two (2) guests per day with no guest permitted to come to the pool more than three (3) times per season. Jetski members are not permitted Guests.

2. Smoking is not permitted in the pool area. All cigarette butts shall be placed in the receptacles. Dogs are not permitted in the pool area.

3. Only food purchased from the restaurant on IYC’s premises shall be allowed on the pool deck. No glass is permitted in and around the pool area. No food other than food sold at the restaurant shall be permitted in and around the pool and patio area.

4. All Members and their guests use IYC’s facilities at their own risk.

Revised: December 2023