Terms of Service

Effective Date: September 23, 2026
Governing Law: State of Maryland


1. Authorization to Access and Work on Vessel

By scheduling services with Fair Winds Hull and Anodes, LLC (hereafter referred to as the "Company"), the Client explicitly warrants that they are the legal owner of the vessel, or an authorized agent of the owner with full authority to bind the vessel.


  • Access Grant: The Client hereby grants the Company, its employees, and subcontractors full access to the vessel, including boarding privileges and keys/combinations if necessary, to perform the contracted services.


  • Marina/Mooring Compliance: The Client is solely responsible for ensuring that the marina, yacht club, or mooring location allows third-party independent contractors to perform underwater and topside maintenance on-site. The Client agrees to pay any marina guest fees, environmental fees, or access fees required for the Company to perform the work.


2. Scope of Services

The Company will perform the specific services agreed upon in writing (via estimate, email, or text), which may include:


  • Hull Cleaning

Removal of marine growth (algae, barnacles, grass) from the waterline down to the keel, including running gear, thrusters, and transducers.


  • Anode Replacement

Inspection and replacement of sacrificial anodes (zincs/aluminum) on shafts, rudders, trim tabs, and thrusters.


  • Hull Inspection

Visual assessment of hull integrity, blister presence, bottom paint condition, and running gear. Deliverables consist of a written or verbal report of findings.



3. Pre-Existing Conditions & Damage Disclaimer

The marine environment is highly corrosive, and underwater components degrade over time. The Client acknowledges and agrees to the following:

  • Bottom Paint Degradation: Cleaning a hull naturally wears down anti-fouling paint. The Company is not responsible for the expected loss of bottom paint thickness or "sloughing" that occurs during standard cleaning procedures.


  • Pre-Existing Damage: The Company is not liable for pre-existing damage, including but not limited to blistering, osmosis, delamination, loose or corroded thru-hulls, degraded gelcoat, or loose transducers/sensors that may become dislodged or damaged during normal cleaning or inspection.


  • Anode Fasteners: In some cases, existing anode screws or fasteners are severely corroded or seized. The Company will use standard professional care to remove them but is not responsible for damage to underlying metal threads if fasteners break due to pre-existing decay.


4. Limitation of Liability & Insurance

  • Insured Status: The Company warrants that it maintains active commercial general liability insurance suitable for marine service operations.


  • Liability Cap: To the maximum extent permitted by the laws of the State of Maryland, the maximum aggregate liability of the Company to the Client for any claims, losses, damages, or expenses arising out of the services shall be limited to the total amount actually paid by the Client to the Company for the specific service turn during which the alleged incident occurred.


  • No Consequential Damages: The Company shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of use of the vessel, charter revenue, slip fees, haul-out fees, or depreciation in vessel value.


5. Client Obligations & Safety

  • Vessel Readiness: The Client must ensure the vessel's engines, generators, and air conditioning units are shut down during the scheduled service window to ensure the safety of our divers.


  • Dangerous Conditions: The Client must notify the Company in advance of any hazardous conditions, including stray electrical currents, active stray dock power leaks, or aggressive marine life in the vicinity of the vessel. The Company reserves the right to suspend operations immediately if water conditions or electrical hazards pose a threat to diver safety.


6. Payment, Late Fees & Termination

  • Payment Terms: Payment is due immediately upon receipt of invoice unless otherwise agreed in writing.


  • Late Fees: Unpaid balances after thirty (30) days will accrue interest at a rate of 1.5% per month (or the maximum allowed by Maryland law) until paid in full.


  • Right to Refuse Service: The Company reserves the right to suspend or terminate services at any time for non-payment, unsafe diving environments, or uncooperative client behavior.


7. Dispute Resolution & Jurisdiction

Any dispute, controversy, or claim arising out of or relating to this contract, or the breach thereof, shall be resolved through amicable negotiations. If negotiations fail:


  • Both parties agree to submit the dispute to binding arbitration in the State of Maryland, in the county of the Company’s primary place of business.


  • The Client waives any right to participate in a class-action lawsuit or class-wide arbitration against the Company.


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