Effective Date: Upon Electronic Acceptance · Governing Law: State of Florida
1.1 "Agreement" means this Master Dock Use and Listing Agreement, together with any policies, booking details, pricing terms, cancellation terms, and additional conditions presented through the Platform at the time of use, all of which are incorporated by reference.
1.2 "Platform" means ILM Holdings d/b/a Lease-A-Dock.com, together with its owners, members, managers, officers, directors, employees, agents, representatives, affiliates, successors, and assigns.
1.3 "User" means any individual or legal entity that accesses, browses, registers with, lists property on, or books through the Platform, including without limitation Owners and Renters.
1.4 "Owner" means any User who lists, advertises, offers, or otherwise makes available a Dock through the Platform, whether as owner, lessee, manager, or authorized agent.
1.5 "Renter" means any User who books, reserves, or otherwise obtains access to a Dock through the Platform.
1.6 "Dock" means any docking space, slip, seawall, mooring, pier, or other waterfront facility listed on the Platform, together with any associated access rights, utilities, or improvements.
1.7 "Vessel" means any watercraft, including all equipment, accessories, gear, tenders, and appurtenances, owned, operated, or controlled by a Renter.
1.8 "Booking" means a confirmed reservation made through the Platform, including the specified Rental Period, pricing, and applicable conditions.
1.9 "Rental Period" means the start and end date and time associated with a Booking, as displayed on the Platform at the time of confirmation.
1.10 "Charges" means all amounts payable by a User, including but not limited to rental fees, service fees, processing fees, taxes, penalties, administrative fees, damage charges, and any other amounts authorized under this Agreement.
2.1 Binding Effect. By accessing, browsing, registering with, listing on, booking through, or otherwise using the Platform, each User acknowledges that such User has read, understood, and agrees to be legally bound by this Agreement.
2.2 Electronic Acceptance. User agrees that electronic acceptance, including but not limited to clicking "I agree," checking a box, or completing a transaction, constitutes a legally binding acceptance of this Agreement equivalent to a signed written agreement.
2.3 Capacity. User represents and warrants that User has the legal capacity and authority to enter into this Agreement and, if acting on behalf of an entity, has authority to bind such entity.
3.1 Marketplace Function Only. The Platform operates solely as a technology marketplace that enables Users to connect, communicate, and transact with one another. The Platform does not itself provide docking services, marina services, or vessel-related services.
3.2 No Ownership or Control. The Platform does not own, lease, operate, manage, control, maintain, inspect, or supervise any Dock listed on the Platform, nor does it control the conduct of any User.
3.3 Not a Party to Transactions. Except as expressly stated herein, the Platform is not a party to any agreement between an Owner and a Renter and shall not be deemed to have any contractual obligations arising from such transactions.
3.4 No Agency Relationship. Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, fiduciary, or employment relationship between the Platform and any User, or between Users.
3.5 No Inspection or Verification. The Platform does not verify, warrant, or guarantee: (a) the condition, safety, or legality of any Dock; (b) the accuracy or completeness of any listing; (c) the seaworthiness, safety, or legality of any Vessel; (d) the identity, qualifications, or conduct of any User.
3.6 User Responsibility. Each User is solely responsible for evaluating the suitability, safety, and legality of any Dock, Vessel, or transaction, and for exercising independent judgment in entering into any Booking.
3.7 Disclaimer of Liability. To the fullest extent permitted by law, the Platform disclaims all liability arising out of or relating to: (a) the condition, maintenance, or use of any Dock; (b) the operation or condition of any Vessel; (c) acts or omissions of any User; (d) disputes between Users; (e) cancellations, delays, or access issues; (f) loss, damage, or injury of any kind.
4.1 Account Creation. Certain features of the Platform may require Users to register for an account. Users agree to provide accurate, current, and complete information.
4.2 Account Responsibility. User is solely responsible for maintaining the confidentiality of account credentials and for all activity occurring under such account.
4.3 Unauthorized Use. User shall promptly notify the Platform of any unauthorized use or suspected breach of security.
4.4 Platform Rights. The Platform reserves the right to suspend or terminate any account that it reasonably believes to be compromised or used in violation of this Agreement.
5.1 Formation of Booking. A Booking is formed when a Renter submits payment through the Platform and such Booking is confirmed by the Platform.
5.2 Payment Processing. All Charges shall be processed through the Platform or its designated third-party payment processor.
5.3 Authorization to Charge. User expressly authorizes the Platform to: (a) charge any payment method associated with the User's account; (b) re-charge such payment method for additional Charges; (c) process adjustments, refunds, penalties, and fees.
5.4 Additional Charges. User agrees to pay all Charges arising from: (a) damage to property; (b) overstay; (c) violations of this Agreement; (d) administrative or enforcement costs.
5.5 Currency and Fees. All payments shall be made in the currency specified on the Platform and may be subject to processing fees and currency conversion charges.
5.6 Platform Service Fee Schedule. The Platform charges a tiered service fee added to the Renter's total at checkout: bookings up to $500 are charged at 10%; bookings $500–$1,500 are charged at 8%; bookings above $1,500 are charged at 6%. The applicable fee is displayed before booking confirmation and is subject to change with notice. Owners receive 100% of their listed rate — the service fee is paid by the Renter and not deducted from Owner earnings.
5.7 Florida Sales Tax. For Florida listings, the Platform collects and remits Florida state sales tax (6%) and applicable county discretionary surtax as the marketplace facilitator pursuant to Florida Statute §212.031. Tax is collected from the Renter and remitted to the Florida Department of Revenue. Owners do not collect or remit sales tax separately on transactions processed through the Platform.
5.8 Payment Hold and Capture. Upon booking submission, the Platform places an authorization hold on the Renter's payment method for the full booking amount. The hold is captured (charged) only upon Owner approval. If the Owner declines, the hold is released and no charge is made.
6.1 Investigation Rights. The Platform reserves the unrestricted right, in its sole and absolute discretion, to investigate any Booking, transaction, account activity, or User behavior that the Platform reasonably suspects to involve fraud, abuse, misrepresentation, unauthorized activity, or violation of this Agreement.
6.2 Withholding of Funds. The Platform may withhold, delay, suspend, or condition the release of any funds otherwise payable to any User, including without limitation payouts to Owners.
6.3 Chargeback Responsibility. In the event that any Renter initiates a chargeback, payment reversal, or dispute with a financial institution or payment processor, the User receiving such funds shall remain fully liable for the underlying Charges, regardless of the outcome of such dispute.
6.4 Recovery Rights. The Platform shall have the right to recover any amounts owed to it or to another User by any lawful means, including without limitation: (a) re-charging any payment method associated with the User's account; (b) offsetting such amounts against current or future payments; (c) suspending or restricting account access; (d) referring the matter to collections; (e) initiating legal proceedings.
6.5 Collection Costs. User agrees to reimburse the Platform for all reasonable costs incurred in connection with the recovery of unpaid amounts, including attorneys' fees, court costs, collection agency fees, and administrative expenses.
6.6 Fraudulent Conduct. The Platform may immediately suspend or terminate any account, without prior notice, where the Platform determines, in its sole discretion, that the User has engaged in fraudulent, deceptive, or abusive conduct.
6.7 No Waiver of Rights. The failure of the Platform to exercise any rights under this Section shall not constitute a waiver of such rights.
7.1 General Authority. The Platform reserves the right, at all times and in its sole discretion, to take any action it deems necessary or appropriate to protect the integrity, security, and proper functioning of the Platform.
7.2 Permitted Actions. Without limitation, the Platform may: (a) suspend or terminate any User account; (b) remove, edit, or refuse to display any listing or content; (c) cancel or modify any Booking; (d) restrict or block access to the Platform; (e) impose conditions on future use.
7.3 No Notice Requirement. The Platform may exercise its rights under this Section without prior notice to any User.
7.4 No Liability. The Platform shall not be liable for any damages arising out of any action taken under this Section.
7.5 User Cooperation. User agrees to cooperate fully with the Platform in any investigation or enforcement action.
8.1 Inherent Risks. Users acknowledge that the use of waterfront property, docks, and vessels involves inherent risks, including but not limited to: (a) changing tides, currents, and water levels; (b) weather conditions, including storms, lightning, and wind; (c) vessel movement, collision, and docking hazards; (d) structural conditions of docks and associated equipment; (e) slippery surfaces, algae, and marine growth; (f) acts or omissions of third parties; (g) theft, vandalism, or criminal activity.
8.2 Voluntary Assumption. Each User knowingly and voluntarily assumes all such risks, whether known or unknown, foreseeable or unforeseeable.
8.3 Release. To the fullest extent permitted by law, each User releases and discharges the Platform from any and all claims arising from such risks.
9.1 Scope of Limitation. To the fullest extent permitted under applicable law, the Platform shall not be liable to any User, or to any third party claiming through or on behalf of any User, for any damages of any kind arising out of or relating to the use of the Platform, any Booking, any Dock, any Vessel, or any transaction facilitated through the Platform.
9.2 Types of Damages Excluded. Without limiting the foregoing, the Platform shall not be liable for any: (a) indirect damages; (b) incidental damages; (c) consequential damages; (d) special damages; (e) punitive or exemplary damages; (f) loss of profits, revenue, or business opportunity; (g) loss of use of any Vessel or Dock; (h) loss of goodwill; (i) delay damages or downtime losses.
9.3 Arising Under Any Theory. These limitations apply regardless of the form of action, including breach of contract, negligence, strict liability, statutory claims, or any other legal or equitable theory.
9.4 No Liability for Third-Party Conduct. The Platform shall have no liability for the acts, omissions, or conduct of any User, including failure of an Owner to provide access to a Dock, unsafe conditions of any Dock, or conduct of Renters or third parties.
9.5 No Liability for Property or Vessel Damage. Under no circumstances shall the Platform be liable for any damage to any Vessel, Dock, or personal property of any kind.
9.6 Absolute Cap on Liability. In the event that the Platform is found liable for any claim, the total cumulative liability shall in no event exceed the total amount of Fees actually received by the Platform in connection with the specific transaction giving rise to such claim.
9.7 Essential Basis of Agreement. The Parties acknowledge that this allocation of risk constitutes an essential basis of the bargain, and that the Platform would not make the Platform available without such limitations.
10.1 General Waiver. To the fullest extent permitted by applicable law, each User hereby irrevocably waives, releases, and discharges the Platform from any and all claims, demands, causes of action, damages, losses, liabilities, and expenses of any kind or nature whatsoever, whether known or unknown, arising out of or relating to: (a) the use of any Dock; (b) the operation or condition of any Vessel; (c) any Booking facilitated through the Platform; (d) interactions, communications, or transactions between Users.
10.2 Extent of Waiver. This waiver expressly includes claims arising from: (a) personal injury or death; (b) property damage; (c) economic or financial loss; (d) negligence (to the fullest extent permitted by law).
10.3 Acknowledgment. User acknowledges that this waiver is intended to be as broad and inclusive as permitted by law.
11.1 Indemnification Obligation. Each User shall defend, indemnify, and hold harmless the Platform and its affiliates, and their respective officers, directors, employees, agents, and representatives, from and against any and all claims, demands, actions, suits, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) such User's use of the Platform; (b) any Booking or transaction involving such User; (c) such User's breach of this Agreement; (d) such User's violation of any law, rule, or regulation; (e) injury to persons or damage to property caused by such User.
11.2 Duty to Defend. The Indemnifying Party's obligations shall include a duty to defend the Indemnified Parties upon written notice of any claim.
11.3 Control of Defense. The Platform shall have the right, at its option, to assume control of the defense of any claim at the Indemnifying Party's expense.
11.4 Settlement Restrictions. The Indemnifying Party shall not settle any claim affecting the Platform without the Platform's prior written consent if such settlement imposes any liability, obligation, or restriction on the Platform.
11.5 Survival. The obligations set forth in this Section shall survive termination or expiration of this Agreement.
12.1.1 Limited License. Subject to the terms of this Agreement and the applicable Booking, the Owner grants to the Renter a limited, revocable, non-exclusive, non-transferable license to access and use the Dock solely during the Rental Period for lawful docking of the Vessel.
12.1.2 No Lease or Tenancy. Renter acknowledges and agrees that this Agreement does not create any leasehold interest, tenancy, easement, or other real property right, and that Renter has no possessory rights in or to the Dock.
12.1.3 Retention of Control. Owner retains full possession, control, and dominion over the Dock at all times.
12.2.1 Permitted Use. Renter shall use the Dock solely for lawful purposes and in accordance with all applicable laws, regulations, marina rules, and property restrictions.
12.2.2 Prohibited Conduct. Renter shall not: (a) sublease, assign, or transfer any rights granted under this Agreement; (b) use the Dock for any unlawful or unauthorized commercial activity; (c) create or permit any nuisance, hazard, or unsafe condition; (d) engage in any activity that could reasonably result in damage to the Dock or surrounding property.
12.2.3 Responsibility for Third Parties. Renter shall be fully responsible for the conduct of all guests, invitees, employees, agents, and other persons accessing the Dock under the Booking.
12.3.1 Renter represents and warrants that the Vessel: (a) accurately matches all specifications provided at the time of Booking; (b) is seaworthy and maintained in safe operating condition; (c) is properly registered, documented, and compliant with all applicable laws; (d) is covered by valid and adequate insurance as required herein.
12.3.2 Denial of Access. Owner may deny access to the Dock if the Vessel: (a) exceeds stated size limitations; (b) presents a safety risk; (c) has been materially misrepresented.
12.3.3 Allocation of Responsibility. If access is denied due to Renter's misrepresentation or non-compliance, no refund shall be owed. If denial is due to Owner error, Renter shall be entitled to a refund in accordance with Platform policies.
12.4.1 Renter shall maintain marine liability insurance with minimum coverage of not less than Three Hundred Thousand Dollars ($300,000) per occurrence, or such higher amount as may be specified in the listing.
12.4.2 Renter shall provide proof of insurance upon reasonable request.
12.4.3 Failure to maintain required insurance shall constitute a material breach of this Agreement.
12.4.4 Enhanced Insurance for Liveaboard and Hurricane Dockage. For liveaboard bookings or docks designated as Hurricane Safe or Hurricane Reserved, Renter shall maintain marine liability insurance with minimum coverage of not less than Five Hundred Thousand Dollars ($500,000) per occurrence, including coverage for liveaboard occupancy and named storm events as applicable, as further specified in the Dock Rental Agreement addendum presented at booking.
12.5.1 Damage Liability. Renter shall be responsible for any and all damage to the Dock or surrounding property caused by: (a) the Vessel; (b) Renter's acts or omissions; (c) acts or omissions of any person under Renter's control.
12.5.2 Reporting Requirement. Renter shall report any damage within forty-eight (48) hours following the end of the Rental Period and provide reasonable supporting documentation.
12.5.3 Overstay. In the event Renter fails to vacate the Dock upon expiration of the Rental Period: (a) Renter shall be liable for additional charges of up to two hundred percent (200%) of the applicable daily rate; (b) Owner may take reasonable steps to remove or relocate the Vessel at Renter's sole risk and expense.
12.5.4 Authorization to Remove Vessel. Renter expressly authorizes Owner to move, tow, secure, or relocate the Vessel if necessary due to overstay or breach.
12.6.1 Renter shall not discharge or release any hazardous or prohibited substances, including but not limited to fuel, oil, sewage, or chemicals, into the water or surrounding property.
12.6.2 Renter shall be strictly liable for any environmental damage, including cleanup costs, fines, and third-party claims.
13.1.1 Owner hereby grants Platform the right to list, display, promote, and facilitate Bookings for the Dock.
13.1.2 Owner represents and warrants that: (a) Owner has full authority to list the Dock; (b) listing does not violate any law, agreement, or restriction; (c) all listing information is accurate and complete.
13.2.1 Owner represents, warrants, and covenants that the Dock shall at all times be maintained in a condition that is structurally sound, reasonably safe, and suitable for its intended use.
13.2.2 Owner shall comply with all applicable laws, regulations, and requirements, including environmental and safety laws.
13.2.3 Owner shall disclose all material conditions, limitations, and hazards associated with the Dock.
13.3.1 Owner shall set pricing and availability through the Platform and shall ensure that such information remains accurate and up to date.
13.3.2 Owner agrees to honor all confirmed Bookings and shall not cancel or refuse access without legitimate cause.
13.4.1 Platform shall collect payments from Renters and remit net proceeds to Owner after deduction of applicable Fees.
13.4.2 Platform may withhold or offset payments in connection with disputes, chargebacks, fraud, or violations of this Agreement.
13.4.3 Owner authorizes Platform to recover any amounts owed through offsets or other lawful means.
13.5.1 Owner assumes all risks associated with the Dock, including its condition, maintenance, and use by third parties.
13.5.2 To the fullest extent permitted by law, Owner agrees that Platform shall have no liability for: (a) injuries occurring on or near the Dock; (b) damage to vessels or property; (c) disputes with Renters; (d) loss of income or business interruption.
13.6.1 Owner shall defend, indemnify, and hold harmless Platform from and against any claims arising out of or relating to: (a) the condition of the Dock; (b) Owner's acts or omissions; (c) inaccuracies in listings; (d) regulatory violations; (e) injury or damage occurring at the Dock.
14.1 Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration.
14.2 Venue. Arbitration shall take place in Broward County, Florida.
14.3 Governing Rules. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association.
14.4 Individual Claims Only. All claims shall be brought solely in an individual capacity.
14.5 Class Action Waiver. Users waive any right to participate in class, collective, or representative actions.
14.6 Jury Trial Waiver. Users knowingly and voluntarily waive the right to trial by jury.
14.7 Enforcement of Award. Judgment upon the arbitration award may be entered in any court of competent jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
16.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements.
16.2 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.3 Waiver. The failure of any party to enforce any provision shall not constitute a waiver.
16.4 Assignment. Users may not assign this Agreement without prior written consent of Platform. Platform may assign freely.
16.5 Electronic Acceptance. Acceptance through electronic means shall be legally binding.
Acknowledgment and Acceptance
By accessing or using the Platform, User acknowledges that User has read, understood, and agrees to be bound by this Agreement in its entirety.