1 MILLION PROPS MEMBERSHIP AGREEMENT

Last updated: June 20, 2022

This version of the 1 Million Props Membership Agreement supersedes all prior versions. Should you have any questions call 1-888-238-2293 or email: services@1millionprops.com

TERMS AND THEIR MEANINGS

The following terms are defined and will help members understand the privileges that a 1 Million Props – 1MP membership affords when services are requested.

Covered Vessel:  Any vessel entitled to 1ML membership privileges at the time it needs services upon active membership.

 

SERVICE PRIVILEGES

Prop Pull  Out Services:  The member will receive 4 propellers pull-out service per year and 1MP services are not covered within the first 30 days after membership activation.

EXCLUSIONS, LIMITATIONS AND RESERVATIONS

Activation:  All new memberships activate 30 days from receipt of payment. Any expired membership will have an activation period of 30 days once payment is received. Membership privileges expire with membership expiration.

Changes to Membership Account:  It is the member’s responsibility to contact and inform 1MP of any changes to information provided, including, but not limited to, primary vessel, home port, ownership, contact and other vessel information. Changes are effective 24 hours after 1MP receives notification. Failure to maintain current information may be grounds for denial of privileges or termination of membership.

Insurance:  The membership is not insurance nor part of an insurance policy and does not provide for any compensation, liability or damages arising out of injury to persons, boats or property. Service charges as part of an ongoing insurance claim such as Salvage Operations, including wreck removal or the towing portion of a damage claim covered by a hull insurance policy are not covered by the membership. Any payment provided by an insurance company to the member for services rendered by 1MP is payable to 1MP, and if paid to the member must be paid over to 1MP immediately. Insurance companies are not third party beneficiaries of the 1MP membership program.

Marine Sanctuaries and Restricted Areas:  If an incident occurs in a marine sanctuary or other legally protected or restricted area, the member will be responsible for additional charges if and when incurred, including, but not limited to, standby time, additional equipment, and transport of local, state or federal officials to the site.

Mayday Situations:  Responses and services to members may be delayed or deferred to give priority and assistance to lives or vessels in grave or imminent danger.

Membership Cancellation:  1MP reserves the right to immediately cancel any membership at any time for abuse of privileges. This includes, without limitation, misrepresentation (including vessel condition or journey), excessive or Improper behavior, fraud, intoxicated operation, lack of upkeep and care of the vessel, or abuse of 1MP personnel.

Membership Refunds and Transfers:  Thecost of a 1MP membership is non-refundable, but any remaining term on the membership is transferable by the member upon written notice to 1MP.

Pre-existing Problems:  Member represents and warrants that each of the covered vessel(s) has been and will be in working order upon application and reasonably maintained during his/her membership term. Therefore, pre-existing problems are not covered by the membership.

Severe Weather:  Responses and services may be delayed or deferred due to severe or dangerous weather conditions. In such cases, as in all instances deemed appropriate by the 1MP service provider.

GOVERNANCE IN ALL CIRCUMSTANCES

Services can vary by area, depending on conditions that exist at the In the interest of safety, the 1MP service provider on scene will exercise his professional discretion, which cannot be interfered with or questioned then or thereafter, and which is final and binding, to provide services or not, alter or terminate services provided, engage resources or not, delay, repair, or wait for tide, weather or other conditions. Safety is always the number one priority.

1MP SERVICE PROVIDERS, AGENTS AND ASSIGNS, ARE NOT LIABLE FOR INCIDENTAL, ACTUAL OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE OR LOSS, PERSONAL INJURY, DAMAGE TO VESSELS, CARGO, CREW, OR PASSENGERS BY THE PROVISION OF SERVICES, OR THE ELECTION TO FOREGO, DELAY OR CHANGE, OR IN ANY OTHER MANNER UNDER THE TERMS OF THIS AGREEMENT UNLESS PROVIDED UNDER FEDERAL MARITIME LAW THROUGH APPLICATION OF THE MARITIME “AFFIRMATIVE DAMAGES DOCTRINE”. BY BECOMING A MEMBER, ALL RISKS OF TOWING, SALVAGE, SERVICE OR LACK THEREOF, ARE ASSUMED BY THE MEMBER.

Membership privileges do not apply in the following situations, including, but not limited to: towing after disabled vessel is pushed away from dock; fuel delivery or jump starts at home dock; use of pumps, divers, airbags or other special equipment; navigational assistance; escort, search for lost vessels; retrieving anchors or other equipment; charges to repair, haul, launch, commission, decommission, moor, dock or other marina

REMEMBER:  In an EMERGENCY – ALWAYS Hail the Coast Guard first via VHF Marine Radio, on Channel 16 with location and nature of distress, number of people aboard and description of your vessel. Put on your life jacket and stay with your vessel, do not try to swim ashore if any distance away. Personal Location Beacons (PLB or EPIRB) are life-saving devices that can greatly increase the level of boating safety you enjoy while out on the water.

AUTOMATIC RENEWAL PROGRAM AGREEMENT

This version of the Automatic Renewal Program Agreement supersedes all prior versions. Should you have any questions call 1-888-238-2293 or email services@1millionprops.com

By opting into the 1MP Automatic Renewal Program you agree to the following:  Unless 1MP notifies you otherwise for reasons that remain within 1MP‘s sole discretion, your 1MP membership(s) will automatically and annually renew under this agreement for your selected membership options at the then current pricing using the credit card provided.

You are required to have a current email address on file with 1MP so we may notify you of events, including notification or declination, all such notices will be sent to that email address. No printed mailings will be done. It is the member’s ongoing responsibility to keep all information on file with 1MP up to date and to modify such information immediately upon a change. Upon such automatic renewal, the credit, debit or bank card on file with 1MP will automatically be charged the membership fee(s) at the then current rate for the membership option(s) selected by member. Should your credit, debit, or bank card be declined the membership(s) will not be renewed, you will be notified via email, and it is the member’s responsibility to contact 1MP to provide updated payment information in order to renew the membership(s) by calling 1MP. 1 Million Props membership is non-refundable, but any remaining term on the membership is transferable by the member upon written notice to 1MP.

This agreement is entered in Miami, and Florida law applies. Members may only raise a claim concerning or arising under this Agreement in the Courts of the State of Florida.