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post #29 of Old 08-23-2012
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Re: Hurricane is a comin, now what???

[QUOTE=jameswilson29;913252]My slip lease gives me 2 choices in the event a named storm approaches within 300 miles of the marina: 1. Haul out; 2. Leave.

It seems reasonable to me. The marina owner has a right to preserve its property from damage. If I violate the slip lease and my boat damages the dock, then I would be liable for damages. I plan to haul out. My insurance pays for half the costs of my haul out and powerwash, and my boat's bottom needs cleaning, so hauling out sounds good to me.

In Virginia, a contract can be set aside if it is unconscionable, or obtained by fraud or duress. "Unconscionable" is so unfair as to shock the conscience of the court, the kind no reasonable person would agree to at the time the contract was signed.

No one tricked me into signing, or forced me to sign, and I don't think the slip lease is so unfair as to be unconscionable. After all, I was willing to sign it while the sun was shining and the waves were calm.

That seems fair and the marina does need to protect itself. I do feel that you really have only one choice if a major Storm is as close as 300 miles, I'm not going out there and would elect to go on the hard. Computer models have been very wrong in the past and sometime these things do not go as planned.

Back in 1998 Hurricane Mitch defied all computer models when it was suppose to turn NW it turned SW and stayed there for three days. A great book tells the story of the sailing ship FANTOME and her loss at the hands of Mitch. A great read, the best book I have ever read on the sea. (The Ship And The Storm by Jim Carrier).

William Atkin Cutter, "TALLY HO MAJOR" "ROSA"
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