Exclusions, Limitations and Reservations
Activation
All memberships activate upon receipt of payment. Membership privileges expire with membership expiration every year.
Boats Over 40 Feet
Tow Sebago shall not cover vessels greater than 40 feet in length.
Changes to Membership Account
It is the member’s responsibility to contact and inform Tow Sebago of any changes to their information, including, but not limited to, covered vessel, Home Safe Location, ownership, contact and other vessel information. Changes are effective immediately upon notification. Failure to maintain current information may be grounds for denial of privileges or termination of membership.
Disentanglement
Disentanglements are performed at the sole discretion of the Tow Sebago Captain as an alternative to providing Towing Services, with safety as the priority. Additional charges will apply if a diver or salvage equipment is used.
Heavy Traffic
Members always receive priority service. However, during periods of heavy boating traffic or high volumes of assistance requests, response times may vary.
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 a salvage operation, 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 Tow Sebago is payable to Tow Sebago, and if paid to the member must be paid over to Tow Sebago immediately. Insurance companies are not third party beneficiaries of the Tow Sebago membership program.
Jump Starts
On-water jump starts will be performed on scene ONLY if the Tow Sebago Captain, in his/her sole discretion, determines that the service can be performed safely.
Marine Sanctuaries and Restricted Areas
If an incident occurs within Portland Water District Lower Bay Protection Zone, 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
CALL 911 if you are in a Mayday situation! 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
Tow Sebago reserves the right to immediately cancel any membership at any time for abuse of privileges without reimbursement. This includes, without limitation, fraud, intoxicated operation, lack of upkeep and care of the vessel, dangerous on or in the boat, or abuse of Tow Sebago personnel.
Membership Refunds and Transfers
All sales are final. In all cases, Tow Sebago membership is non-refundable, but any remaining term on the membership is transferable by the member to another vessel which the member owns and to which is registered.
Other Towing Services:
A good samaritan or other unlicensed individual may not charge for services as it is in violation of Federal law. A member will not receive reimbursement for this type of service. Tow Sebago is not responsible for the actions of providers who have no pre-existing contractual relationship with Tow Sebago.
Per Incident Limitation
Members are limited to one tow (or alternatives to towing) per incident.
Salvage Operations
Salvage operations, including, but not limited to: vessels abandoned, wrecked, beached, damaged by fire, taking on water, sinking, sunk, previously sunk, or in any other state of peril, are not privileges of membership. Tow Sebago will work with you and your insurance company in a timely and efficient manner. Once claims are approved, Tow Sebago will begin salvage operations usually the same day.
Severe Weather
Responses and services may be delayed or deferred due to severe or dangerous weather conditions.
Governance in all Circumstances
Services can vary depending on conditions that exist at the time. In the interest of safety, the Tow Sebago Captain on scene will exercise his or her 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, tow, repair, or wait for weather or other conditions. Safety is always the number one priority.
Membership is not a promise of rescue and is restricted to the privileges which can be provided with equipment immediately available to Tow Sebago. Member privileges will be provided during the active membership term and within safe parameters and on-water capabilities, and will not be rendered when the disabled vessel cannot be safely or reasonably reached or secured and/or properly serviced without damage or danger to either vessel or persons.
REMEMBER
In an EMERGENCY – Call 911 and provide the location and nature of distress, number of people aboard and description of your vessel and location. Put on your life jacket and stay with your vessel, do not try to swim ashore from any distance.