Risk-shifting clauses like these below can be problematic in marina contracts.
Here's why ...
Waiver Of Subrogation
"Yacht owner waives any right or claim against the marina for damage sustained by owner which is covered under any insurance policy, and yacht owner shall cause its insurance carriers to waive their respective rights of subrogation with respect to the same, and to so notify marina." If you have signed a contract with a waiver of subrogation, you've agreed in essence that the marina isn't responsible if they are negligent, say by gouging your gelcoat while hauling out your boat. And while your insurance company will likely pay for your covered damages, you're still on the hook for your deductible. But there's a bigger problem with the waiver: When more extensive damages are the fault of the marina — say, it drops your boat from the lift — the insurance company that pays your claim may choose to sue the marina or its insurer to recoup (subrogate) its own losses. Most insurance policies don't allow an insured to limit the insurance company's ability to recover its loss. By signing a contract with a waiver of subrogation, you've done just that, and your insurance company may refuse to pay for that particular incident.
Exculpatory Provisions
"The owner hereby releases and agrees to indemnify and hold harmless the company for any and all liability for personal injury, loss of life, and property damage — (1) arising out of the ordinary negligence of the company or its employees and agents in connection with the company's premises or the use of storage space; (2) in connection with the owner's boat, motor, and accessories while it is on the premise; (3) for loss or damage to the owner's boat, motor, and accessories or contents thereof, due to fire, theft, vandalism, collision, marina equipment failure, windstorm, rain, hurricane, or other casualty loss." Exculpatory provisions again attempt to relieve one party in a contract of its own negligence. In other words, the provision may effectively relieve the marina from any claim arising out of its own negligence.
Indemnification
"The yacht owner shall indemnify, defend, and hold harmless the marina from any costs, expenses, damages, and against all claims, demands, loss, law suits, including judgments and attorney fees for damages to property, injury or life to third parties resulting or arising from the yacht owner's use of the yacht." This clause applies to third parties, such as your guests, or even someone working on your boat. What it means is that if your guest is injured at the marina, even if it's the marina's fault, you agree that you will defend the marina against the claim and pay any damages for which the marina is deemed responsible.
Requirement Of Insurance With Additional Named Insured Clause
"The yacht owner shall, at his or her sole cost and expense, maintain liability and property-damage insurance covering the yacht with liability limits in amounts sufficient to ensure performance by the owner of all of the exemption, waiver, hold harmless, and indemnity provisions contained in this agreement, including claims involving premises liability or marina's negligence and/or other fault and shall have marina expressly identified in the insurance policy as an additional insured." On the surface, this seems fair; the marina wants you to maintain liability insurance in case there is an accident for which you're legally liable. But when the marina asks you to add it as an additional insured on your policy at your expense, it's asking to be protected in the same way as you the policyholder are — sort of like adding your Uncle Bob to your policy. So if Uncle Bob (the marina) does something that your insurance company would cover you for (such as hitting a bulkhead on the way to haul it out), the insurance company also has to cover the marina if it does something similar.
It's up to your insurance company to decide whether it's willing to add the marina as an additional insured and how much this expansion of coverage will cost.