The following regulations (the “Marina Regulations”) govern use by any permit holder of the Golden Nugget Lake Charles Hotel & Casino Marina (the “Marina”) owned by Golden Nugget Lake Charles, LLC (“GNLC”). The use by any person of a boat slip at the Marina (each a “permit holder”) constitutes such person’s agreement to be bound by the terms and conditions of these Marina Regulations. GNLC reserves the right to amend or modify these Marina Regulations at any time.
All permit holders will be required to register with the Hotel Front Desk upon vessel arrival. Permit holders will supply a copy of the vessel’s registration and current proof of insurance complying with the requirements below prior to use of the boat slip. GNLC reserves the right to measure all vessels and GNLC’s measurement shall be binding on permit holder for calculation of permit fees.
Permit holder shall, at its sole cost and expense, obtain and maintain at all times during the time of the permit, the following insurance requirements:
- Hull insurance in an amount equal to the value of the vessel.
- Comprehensive protection and indemnity liability insurance with limits of liability no less than five hundred thousand ($500,000) dollars per occurrence for bodily liability combined single limit.
- Property insurance to cover loss or damage on an “all risk” of physical loss form of coverage against fire, loss, theft, and damage on the contents of the vessel owned by Permit Holder.
All permit holders are required to post a credit card at the commencement of the permit period. GNLC is authorized to charge the credit card held on file for any permit fees or other amounts incurred by permit holder, or for which permit holder is responsible, pursuant to these Marina Regulations. Permit fees are non-refundable.
Electrical service charges will be billed daily.
Boat slip rental shall be for pleasure boats only. No charters or other business operations shall be permitted to be conducted at the Marina.
Permit holder will only occupy the boat slip assigned to permit holder. GNLC reserves the right, in its sole discretion, to reassign a boat to a boat slip other than the boat slip originally assigned.
Boat slips shall only be occupied by the vessel belonging to the permit holder on record and are non-transferrable. Boat slip changes between permit holders are not allowed without the written consent of GNLC.
The permit holder is solely responsible to properly secure their vessel. The permit holder is responsible to supply a minimum of four (4) lines and ensure proper tie up at all times. In the event of severe weather, double lines should be used. GNLC shall have no responsibility or liability for improperly secured or tied up vessels, however, vessels not safely secured may be secured by management at the permit holder’s expense (if incurred).
The permit holder acknowledges that GNLC has no obligation to protect the vessel in any circumstance, including without limitation, in the event of an emergency of disaster. Nonetheless, should GNLC undertake action to protect the vessel, including the installation of dock lines, pumping out the vessel or similar services, the permit holder will be liable for reimbursement to GNLC for any and all expenses incurred. The permit holder will hold harmless GNLC from liability for any damage arising out of GNLC's voluntary action to protect the vessel.
Boat slip space and surrounding dock and water area are to be kept clean and free from trash.
Permit holder’s vessel must vacate the boat slip prior to 12:00pm on the last day of the permit term. If a vessel is not removed from the Marina prior to such time at the end of the permit term, GNLC may elect in its sole discretion, to either (a) assess the current daily charge for use of the boat slip until it is removed, or (b) remove and haul the vessel at any time, even is GNLC has elected option (a) for a period of time prior to electing to exercise option (b). In addition to the daily charge, all charges for removal of the vessel and subsequent storage shall be the responsibility of the permit holder. Notwithstanding the foregoing, to the extent applicable, GNLC reserves the right to treat the vessel as abandoned under applicable laws of the State of Louisiana.
All personal property (including dock boxes), lines and gear must be removed from the Marina upon the removal of the vessel at the end of the permit term. Any such personal property remaining at the Marina after the end of the permit term shall be deemed abandoned by permit holder, shall become the property of GNLC and may be disposed of by GNLC in its sole discretion.
Overnight sleeping aboard a vessel is not permitted at the Marina. Moreover, permit holders may not establish residency or attempt to establish residency, live aboard, inhabit or otherwise use the Marina as a domicile.
Boisterous, unruly conduct or excessive noise is not permitted within the Marina. Permit holders are responsible for the conduct of themselves, their guests, crew, and all persons using their boat. Outdoor barbeques are prohibited. Barbecues are not permitted aboard any boat moored in the marina. Open fires of any kind are strictly prohibited.
Permit holder acknowledges that all alcoholic beverage activity is subject to the rules and regulations of the State of Louisiana and GNLC, which is licensed to sell alcoholic beverages by the State of Louisiana. Permit holder further acknowledges that the vessel is subject to the jurisdiction of the state alcoholic beverage enforcement authorities. Permit holder will not allow the service or consumption of alcoholic beverages by minors or intoxicated persons, regardless of the source of such beverage. Permit holder will hold harmless, indemnify and defend GNLC Group (defined below) from any liability for Louisiana alcoholic beverage law violations which may arise out of activities on the vessel while it is located at the Marina.
Boats docked in the marina are expected to be maintained in a safe and proper fashion, i.e. engine(s), steering, and propulsion gear maintained in good running condition. Boats in a state of poor repair or appearance (included but not limited to peeling paint, broken glass, boarded up parts, badly damaged structures, abandoned, neglected, bizarre, unconventional, or otherwise derelict in appearance), as determined by GNLC is its sole and absolute discretion, are prohibited. Management reserves the right to terminate the permit of any boat that does not meet these standards after proper notice has been documented and issued to the permit holder based on contact information provided to the Hotel Front Desk.
No mechanical, repair or service work shall be performed on any vessel at the Marina unless authorized by GNLC in writing in its sole discretion.
The permit holder acknowledges that GNLC’s employees or agents may board the vessel for reasons including, but not limited to, protecting property, preventing bodily injury, and inspecting the vessel for compliance with these Marina Regulations.
The permit holder will indemnify, defend and hold harmless GNLC and its related and affiliated companies, and each of their respective owners, directors, officers and employees (collectively, “GNLC Group”) from and against any claims, demands, liability, expenses or losses (including attorney’s fees) of any kind for (i) any damage, loss, destruction or deterioration of the vessel or any property located on the vessel from any causes of any kind including, but not limited to, damage caused in whole or in part by third parties, theft, removal of the vessel from the rented boat slip or repossession of the vessel by a party holding security interest in the vessel, (ii) third party claims for damage to property or personal injury (including death) caused in whole or in part by permit holder and permit holder’s agents, employees or invitees or the permit holder’s vessel, however so arising, and (iii)violations of any applicable federal or state laws or regulations.
Permit holder shall be responsible for any damage caused to the Marina by permit holder’s vessel, permit holder or any of permit holder’s agents, employees or invitees.
Permit holder, for and on behalf of itself and its insurers, hereby expressly waives any right of subrogation against GNLC Group for any matters which are, or could have been insured against, in accordance with the insurance requirements of these Marina Regulations.
Any injury which shall occur to the permit holder, its servants, agents or invitees requiring medical intervention and of which the permit holder shall be notified, shall be reported to GNLC immediately and in writing within twenty four hours of the incident.
Should the permit holder fail to comply, in whole or in part, with any of the obligations set forth herein, or should GNLC determine in its discretion that the vessel creates a hazardous condition to the public GNLC retains the right to immediately terminate the permit and remove the vessel from the boat slip without prior notice, charge the cost of said removal to the permit holder, retain the permit holder’s boat slip fee and seek such other remedies which may be available in law and equity.
GNLC shall at all times have the right to strictly enforce the terms of these Marina Regulations. GNLC’s failure to enforce one or more of the provisions of these Marina Regulations shall not be deemed a waiver of any provision of these Marina regulations, nor shall any amendment by course of dealing be implied.
The parties will use their commercially reasonable efforts to informally and timely resolve any dispute concerning any matter related to these Marina Regulations by submitting such dispute to GNLC senior management. All negotiations pursuant to this section are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. If within a period of thirty (30) calendar days after submission of a disputed matter in accordance with this clause, the respective senior representatives are unable to agree upon a resolution of such dispute, then the exclusive jurisdiction of such dispute will be resolved in State or Federal court in Calcasieu Parish, Louisiana. Permit holder expressly waives the right to a jury trial. The prevailing party in any court proceeding arising out of or related to this Agreement will be entitled to recover an award of its reasonable attorney's fees and expert witness fees, costs and pre and post judgment interest at the highest available legal rate. Permit holder further agrees that if GNLC must retain counsel or initiate legal action to collect of any monies owed to GNLC by permit holder under this Agreement, whether or not a court action is filed, GNLC will be entitled to recover its attorney’s fees incurred in such efforts to collect.
