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I agree................quite a lopsided contract. If I had another option
for another marina, I would move. This is a bit much. You can put anything
in a contract that you want to, but at some point it becomes ridiculous and
quite frankly this one looks like 200% cover your a**. You can say in
writing that the boat owner takes all liability but in a court of law it is
laughable. I have seen this backfire on the party writing the contract (not
in the marina business but similar). There was very little evidence the jury
could get their teeth into, but the grossly lopsided contract showed the
party writing the contract to be literally irresponsible..........i.e. "we
refuse to be held accountable for anything". The jury found otherwise. In
their minds, in the absence of other evidence, the wording of the contract
showed the party writing the contract to be grossly unreasonable and that
was enough to tip the scale.
Phil wrote:
All in all this seems like a pretty lopsided contract, and while I
realize that everyone wants to transfer liability as much as possible,
this seems to potentially place the marina's negligence on the shoulders
of the marina's tenants.
Dan Lanier
Gulfstar 43 Danali Star
Lying Vero Beach Florida
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