Towing Membership Terms of Service
TERMS OF SERVICE – Island Towing Insurance
Island Marine Towing, LLC towing package will provide free on water towing for a member's vessel if it becomes disabled while away from the member's home dock within the service area. Service area includes inland coastal waters of Ocean City, Berlin, Bishopville, Maryland along with Fenwick Island, Selbyville, and South Bethany, Delaware.
Services Provided
Services that do NOT apply are:
ISLAND MARINE TOWING, LLC RESERVES THE RIGHT TO TERMINATE OR SUSPEND THE MEMBERSHIP COVERAGE OF ANY MEMBER AT ANYTIME WITH OR WITHOUT CAUSE.
Termination is effective immediately upon verbal or written notice given to the owner or operator of the member's vessel by an Island Marine Towing, LLC associate, provided that, if the member's vessel is in tow, termination of service is effective upon the vessel reaching port. All fees paid shall be forfeited if termination occurs.
An Island Marine Towing, LLC Membership is valid for one calendar year (January through December) unless extended or terminated earlier by Island Marine Towing, LLC. Island Marine Towing, LLC in its sole subjective discretion reserves the right to change the towing membership program rules, terms, conditions, provisions, and limitations in this service agreement effective upon written notification to Member or by updates posted on the website.
Towing membership service is provided by agents, employees and independent contractors of Island Marine Towing, LLC. Towing membership service will be provided in all reasonable circumstances, as determined by Island Marine Towing, LLC in its sole subjective discretion, to the reasonable and safe limits of its capabilities, and may be limited when the disabled vessel cannot be safely reached and/or safely serviced without risk of danger to either tow vessel or member's vessel or persons on board. Island Marine Towing, LLC reserves the right to tow a member to the closest safe harbor at times of peak service call loads. When forces of nature or acts of God make the tow unsafe in Island Marine Towing, LLC 's sole subjective discretion, then no service shall be provided until such conditions subside, at which time Island Marine Towing, LLC shall resume member's tow to port of member's choice. SAFETY WILL TAKE PRESIDENCE.
If the member secures services from a provider on his or her own due to a disablement, Island Marine Towing, LLC will not be responsible for reimbursement the member.
Island Marine Towing, LLC reserves the right to charge member and member agrees to pay for any agreed item(s) or service(s) rendered, at the time of service, which are not covered through their membership level of service.
LIMITATION OF LIABILITY
Island Marine Towing, LLC and its employees, successors, and contractors, shall use all reasonable means in carrying out its obligations set forth in this agreement. Island Marine Towing, LLC shall not be liable for any loss or damage caused by it, except as expressly provided herein.
ISLAND MARINE TOWING, LLC TOWING AND SALVAGE DOES NOT WARRANT THE SUCCESS OR RESCUE OF ANY ACTIONS ATTEMPTED BY IT IN THE PERFORMANCE OF SERVICE TO MEMBER OR OTHERS, AND SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES SUFFERED BY ANY PERSONS OR PROPERTY RESULTING FROM THE PERFORMANCE OF SUCH SERVICE, UNLESS SUCH LOSS IS PROVEN TO BE CAUSED SOLELY BY THE DELIBERATE MISCONDUCT OR GROSS NEGLIGENCE OF IT. IN NO SUCH EVENT SHALL ISLAND MARINE TOWING, LLC BE LIABLE FOR FAILURE TO EXECUTE ANY SERVICES IN RESPONSE TO A MEMBER RQUEST. MEMBER SHALL ALSO NOT HOLD ISLAND MARINE TOWING, LLC LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES SUFFERED BY MEMBER AND/OR ANY OTHER PERSONS. FURTHER, ISLAND MARINE TOWING, LLC SHALL, IN NO EVENT, BE LIABLE TO MEMBER'S AUTHORIZED USERS OR ANY OTHER PERSON ABOARD MEMBER'S VESSEL. MEMBER SHALL HOLD ISLAND MARINE TOWING, LLC HARMLESS FROM AND IDEMNIFY IT AGAINST ANY AND ALL CLAIMS AND CAUSES OF ACTION BROUGHT BY PERSONS OTHER THAN MEMBER AGAINST IT RELATING ANY SERVICES HEREUNDER.
Should any claim arise between Island Marine Towing, LLC, and a member, including but not limited to any claim based on or arising from breach of contract or tort, any such claim shall be resolved by the Maritime Arbitration Association of the United States in accordance with its Rules, and judgment rendered by the arbitrator (s) may be entered in any court having jurisdiction thereof. Jurisdiction shall be within the County of Sussex, State of Delaware. THE MEMBER WAIVES ANY RIGHT TO A JURY TRIAL.
Nothing in this arbitration provision shall be deemed to limit any party's right to obtain from a court any provisional or temporary equitable remedy, including but not limited to restraining orders, injunctive relief, writs of possession, attachments or garnishments, the appointment of a receiver, or to enforce or foreclose any maritime or other lien for salvage, towage, or otherwise, without waiver of the right of the parties ultimately to arbitrate the underlying merits of the claim or controversy occasioning resort to such remedy. Member agrees to pay any attorney fees and costs related to any claim arising out of or relating to the provisions of service as described in this agreement, if Island Marine Towing, LLC substantially prevails as to any such claim.
Island Marine Towing, LLC towing package will provide free on water towing for a member's vessel if it becomes disabled while away from the member's home dock within the service area. Service area includes inland coastal waters of Ocean City, Berlin, Bishopville, Maryland along with Fenwick Island, Selbyville, and South Bethany, Delaware.
Services Provided
- Island Marine Towing, LLC membership does not cover any situation in which a vessel is in immediate peril. If in doubt of the severity of the situation, contact the US Coast Guard or local authorities immediately. Such circumstances typically include, but are not limited to, fire, collisions, leaking/sinking, hard aground or beached.
- Service is provided by Island Marine Towing, LLC. Prior to accepting service, members must contact Island Marine Towing, LLC 24hr emergency line to obtain dispatch of an authorized towing responder.
- Battery Jumpstarts when away from home dock
- On water towing of the eligible watercraft's hull from the site of the disablement to the nearest accessible dock or port where the eligible watercraft can be repaired or removed from the water. If the eligible watercraft is towed to any place other than the nearest such dock or port, the customer may be responsible for any additional charges incurred.
- Limit 30 minutes of on-scene stand-by time, 2 hour total assistance time.
- Upon availability delivery of emergency fuel, other engine fluids or parts.
- Disentanglements that do not require a diver
- Soft Ungrounding- to be determined at tow captains’ discretion
- In stable, safe condition and not in dangerous surf lines
- Surrounded by water on all sides
- Able to be rocked
- Refloated within 15 minutes by one watercraft
- Coverage on any boat member owns up to 28’.
- Regular care and maintenance, proper and safe operation or delivery of a vessel is not to be substituted by service.
Services that do NOT apply are:
- Charge for divers, cost of fuel or parts, tows resulting from salvage, tows resulting from impoundment, retrieving lost equipment, navigational assistance, search for lost vessels, service in excess of 30 minutes on scene or additional tow vessels on scene, and escort vessels are not a covered service and must be paid by the member.
- A second service call or tow for a single disablement.
- Repeated service calls for an eligible watercraft in need of routine maintenance or repair.
- Watercraft used for business or commercial purposes.
- Towing charges as part of an insurance claim such as a salvage operation, wreck removal or the towing portion of a damage claim of a Yacht insurance policy are not a covered member service.
- All services provided are also subject to responder's equipment capabilities, availability and range, and the "reservations" and "limitation of liability" sections of this agreement.
- The service does not cover charges to haul, launch, commission, decommission, moor, and dock or other marina charges.
- Service does not apply to battery jumpstarts, fuel delivery, or parts delivery at a member's home dock.
- This service does not apply to pre-existing conditions; this includes but is not limited to disablements predating membership activation.
- Free towing only applies during normal marina hours (after hours will be discounted to half of the normal hourly rate).
- Island Marine Towing, LLC reserves the right to refuse service to intoxicated or otherwise impaired parties.
- Coverage is limited to one service per 24-hour period.
ISLAND MARINE TOWING, LLC RESERVES THE RIGHT TO TERMINATE OR SUSPEND THE MEMBERSHIP COVERAGE OF ANY MEMBER AT ANYTIME WITH OR WITHOUT CAUSE.
Termination is effective immediately upon verbal or written notice given to the owner or operator of the member's vessel by an Island Marine Towing, LLC associate, provided that, if the member's vessel is in tow, termination of service is effective upon the vessel reaching port. All fees paid shall be forfeited if termination occurs.
An Island Marine Towing, LLC Membership is valid for one calendar year (January through December) unless extended or terminated earlier by Island Marine Towing, LLC. Island Marine Towing, LLC in its sole subjective discretion reserves the right to change the towing membership program rules, terms, conditions, provisions, and limitations in this service agreement effective upon written notification to Member or by updates posted on the website.
Towing membership service is provided by agents, employees and independent contractors of Island Marine Towing, LLC. Towing membership service will be provided in all reasonable circumstances, as determined by Island Marine Towing, LLC in its sole subjective discretion, to the reasonable and safe limits of its capabilities, and may be limited when the disabled vessel cannot be safely reached and/or safely serviced without risk of danger to either tow vessel or member's vessel or persons on board. Island Marine Towing, LLC reserves the right to tow a member to the closest safe harbor at times of peak service call loads. When forces of nature or acts of God make the tow unsafe in Island Marine Towing, LLC 's sole subjective discretion, then no service shall be provided until such conditions subside, at which time Island Marine Towing, LLC shall resume member's tow to port of member's choice. SAFETY WILL TAKE PRESIDENCE.
If the member secures services from a provider on his or her own due to a disablement, Island Marine Towing, LLC will not be responsible for reimbursement the member.
Island Marine Towing, LLC reserves the right to charge member and member agrees to pay for any agreed item(s) or service(s) rendered, at the time of service, which are not covered through their membership level of service.
LIMITATION OF LIABILITY
Island Marine Towing, LLC and its employees, successors, and contractors, shall use all reasonable means in carrying out its obligations set forth in this agreement. Island Marine Towing, LLC shall not be liable for any loss or damage caused by it, except as expressly provided herein.
ISLAND MARINE TOWING, LLC TOWING AND SALVAGE DOES NOT WARRANT THE SUCCESS OR RESCUE OF ANY ACTIONS ATTEMPTED BY IT IN THE PERFORMANCE OF SERVICE TO MEMBER OR OTHERS, AND SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES SUFFERED BY ANY PERSONS OR PROPERTY RESULTING FROM THE PERFORMANCE OF SUCH SERVICE, UNLESS SUCH LOSS IS PROVEN TO BE CAUSED SOLELY BY THE DELIBERATE MISCONDUCT OR GROSS NEGLIGENCE OF IT. IN NO SUCH EVENT SHALL ISLAND MARINE TOWING, LLC BE LIABLE FOR FAILURE TO EXECUTE ANY SERVICES IN RESPONSE TO A MEMBER RQUEST. MEMBER SHALL ALSO NOT HOLD ISLAND MARINE TOWING, LLC LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES SUFFERED BY MEMBER AND/OR ANY OTHER PERSONS. FURTHER, ISLAND MARINE TOWING, LLC SHALL, IN NO EVENT, BE LIABLE TO MEMBER'S AUTHORIZED USERS OR ANY OTHER PERSON ABOARD MEMBER'S VESSEL. MEMBER SHALL HOLD ISLAND MARINE TOWING, LLC HARMLESS FROM AND IDEMNIFY IT AGAINST ANY AND ALL CLAIMS AND CAUSES OF ACTION BROUGHT BY PERSONS OTHER THAN MEMBER AGAINST IT RELATING ANY SERVICES HEREUNDER.
Should any claim arise between Island Marine Towing, LLC, and a member, including but not limited to any claim based on or arising from breach of contract or tort, any such claim shall be resolved by the Maritime Arbitration Association of the United States in accordance with its Rules, and judgment rendered by the arbitrator (s) may be entered in any court having jurisdiction thereof. Jurisdiction shall be within the County of Sussex, State of Delaware. THE MEMBER WAIVES ANY RIGHT TO A JURY TRIAL.
Nothing in this arbitration provision shall be deemed to limit any party's right to obtain from a court any provisional or temporary equitable remedy, including but not limited to restraining orders, injunctive relief, writs of possession, attachments or garnishments, the appointment of a receiver, or to enforce or foreclose any maritime or other lien for salvage, towage, or otherwise, without waiver of the right of the parties ultimately to arbitrate the underlying merits of the claim or controversy occasioning resort to such remedy. Member agrees to pay any attorney fees and costs related to any claim arising out of or relating to the provisions of service as described in this agreement, if Island Marine Towing, LLC substantially prevails as to any such claim.
Updated 2/1/23