... I just got our insurance renewal (ACE) and noticed a clause in there that says they exclude "any liability I assume under any contract or agreement". There are Boat Yards out there with "Hold Harmless" or "Exculpatory" clauses in their agreements whereby they indemnify themselves for any wrong doing whatsoever for loss or damage even that caused by their negligence. So, if they damage my boat, they won't pay and neither will my insurance company ?

I'm sure there are all kinds of interpretations and instances where these clauses won't hold up in court, but who wants to go there ?

Sure enough, I looked at a Boat Yard's contract I've been to in the past and that clause is there. Seems to me if the Yard fucks up, they should fix it, and if it can't be fixed, they should replace it. That's probably the case at most reputable Yards, but how many Boat Yards out there are reputable these days, especially the DIY Yards and those outside of Maine or New England, where we know just about everyone is as honest as the day is long. Not so in places like Florida.

So we all need to be vigilant in reading the contracts we sign, and if that clause is there, either cross it out and make them initial, or ask them to sign something that states "unless such damage or loss results from sole negligence, gross negligence, or willful misconduct of the Indemnified Parties". And if they don't agree, move on to the next Yard, if there is one nearby that does not have these clauses ...

Cheers, John