Provisions of Service
Chesapeake Bay Assist Association (CBAA) programs will provide free service and towing for a member's vessel if it becomes disabled while away from the member's homeport within their "free boating region." The member's "free boating region" is determined by service option level. Association fee is fully earned upon payment.
Services Provided
*Chesapeake Bay Assist Association 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 the CBAA towing network. Prior to accepting service, members must contact CBAA to obtain dispatch of an authorized towing responder.
*Battery Jumpstarts when adrift.
*30 minutes of on-scene stand-by time.
*Upon availability delivery of emergency fuel, other engine fluids or parts.
*Soft Ungroundings- 30 minutes on scene service time.
*Towing of your vessel form a restricted dock.
*Coverage on any boat you own.
*Monitors VHF Channel 16
Service Conditions
*Regular care and maintenance, proper and safe operation or delivery of a vessel is not to be substituted by service.
*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.
*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 Guide.
*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 homeport.
*This service does not apply to pre-existing conditions; this includes but is not limited to disablements predating CBAA activation.
*Coverage is limited to one service per incident.
*In the event a member applies for towing reimbursement, the original bill must be submitted to CBAA within 14 days of the date of service; service must have been pre-approved by CBAA, and service must have been provided by a valid Coast Guard licensed Captain with a towing endorsement.
Reservations
DECKELMAN MARINE RESERVES THE RIGHT TO TERMINATE OR SUSPEND THIS MEMBERSHIP AND CBAA 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 a Deckelman Marine or CBAA representative, 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.
Association with CBAA is valid for one year from date of enrollment, unless extended or terminated earlier by Deckelman Marine. Deckelman Marine in its sole subjective discretion reserves the right to change the CBAA program rules, terms, conditions, provisions and limitations in this service agreement effective upon written notification to Member.
CBAA service is provided by agents, employees and independent contractors of Deckelman Marine. CBAA service will be provided in all reasonable circumstances, as determined by Deckelman Marine in its sole subjective discretion, to the reasonable and safe limits of its capabilities, and also 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. Deckelman Marine reserves the right to tow CBAA 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 Deckelman Marine's sole subjective discretion, then no service shall be provided until such conditions subside, at which time Deckelman Marine shall resume member's tow to port of member's choice. Safety shall take precedence.
Deckelman Marine 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 member's level of service with CBAA.
Member understands that Deckelman Marine or CBAA reserves the right to refuse service to intoxicated or otherwise impaired parties.
Limitation of Liability
Deckelman Marine, also known as Chesapeake Bay Assist Association, Chesapeake Bay Assist, BAY ASSIST, CBAA, Deckelman Marine towing, Deckelman Marine Group and DMG (collectively herein, "BAY ASSIST"), and its employees, successors, and contractors, shall use all reasonable means in carrying out its obligations set forth in this Guide. BAY ASSIST shall not be liable for any loss or damage caused by it, except as expressly provided herein.
BAY ASSIST 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 BAY ASSIST BE LIABLE FOR FAILURE TO EXECUTE ANY SERVICES IN RESPONSE TO A MEMBER RQUEST. MEMBER SHALL ALSO NOT HOLD BAY ASSIST LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES SUFFERED BY MEMBER AND/OR ANY OTHER PERSONS. FURTHER, BAY ASSIST SHALL, IN NO EVENT, BE LIABLE TO MEMBER'S AUTHORIZED USERS OR ANY OTHER PERSON ABOARD MEMBER'S VESSEL. MEMBER SHALL HOLD BAY ASSIST 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 BAY ASSIST 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 Baltimore, State of Maryland. 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 membership Guide, if BAY ASSIST substantially prevails as to any such claim.