Membership Agreements

The following terms are defined and will help members understand the privileges that a Sea Tow membership affords when services are requested.

Assistance Towing: Non-emergency assistance provided to a disabled vessel (as defined in the Federal Register 1988 and Code of Federal Regulations).

Charter/Rent/Lease/Borrow: Use of a chartered, rented, boat club or borrowed vessel by the member with the permission of the vessel’s registered owner, where the member is the master of the vessel (has care, custody and control) and neither the registered owner of the vessel, nor any family member 18 years or older, is on board. In other words, membership privileges do not apply if the member is only a guest on the vessel at the time it becomes disabled.

Commercial Vessel: Any vessel, with an engine, that is commercially registered or being used in a commercial manner either generally or at the time it becomes disabled, including, but not limited to charter or rental, peer-to-peer rental, boat club, fishing, dive, survey, law enforcement, crew boat, water taxi, professional race boat, or other such working vessel.

Covered Vessel: Any vessel entitled to Sea Tow membership privileges at the time it becomes disabled.

Dangerous Surf: Breaking waves on shore, on a shoal, or in an inlet (typically due to adverse conditions) that threaten the safety of either the member’s vessel or the Sea Tow vessel, and/or as determined by the Sea Tow Captain on scene.

Disabled (Vessel): A vessel which, while being operated, has been rendered incapable of proceeding under its own power and is in need of assistance.

Disentanglement: Removal of a line, rope, or other foreign object from the underwater running gear of a disabled vessel to remedy the disablement.

Fuel Delivery: Delivery of container(s) of gasoline or diesel fuel to a disabled vessel to remedy the disablement.

Home Area: The geographic area of responsibility (AOR) that a Sea Tow franchise covers in which the home port of the member’s primary vessel is located.

Home Port: A member’s marina, launching ramp, dock or mooring for the primary vessel, from which the member conducts the majority of his/her boating, as specified by the member in advance of disablement.

Incident: Any event or series of events arising from the same occurrence that rendered the vessel disabled. An

incident is deemed ongoing until it is shown to be cured.

Inland Freshwater/Inland Waters: Those waters in the Continental United States not affected by tides; typically, self-contained bodies of water or those bodies of water inland of dams and/or locks; and excludes navigable inland lakes and rivers that flow unobstructed to sea, and as well as all waters in the state of Florida.

Jump Start: Starting a disabled vessel’s engine by attaching an external power supply to the starting circuit to remedy the disablement.

Member: The person or entity identified on the Sea Tow Membership Card to whom, and for which, membership privileges apply in accordance with the membership type as indicated on the Card.

Primary Vessel: The vessel designated by the member prior to disablement, from which the member’s home port is determined. Proof of ownership by the member is required at the time it is disabled.

Recreational Vessel: Any vessel, with an engine, that is not commercially registered or being used as a commercial vessel at the time it is disabled.

Safe Port: One that can accommodate the safe mooring of a vessel and has available a means of communication (per USCG SAR Policy, “Safe Haven”).

Salvage Operations: Any act or activity undertaken to assist a vessel or any other property in peril and in any waters whatsoever (per the IMO International Salvage Conference 1989) including, but not limited to, vessels abandoned, wrecked, beached, on fire, damaged by fire, taking on water, sinking, sunk, previously sunk, in the surf or surf line, or in any other state of peril.

Note: All defined terms are shown in italicized print.

Sea Tow Gold Card: This card provides membership privileges for any covered recreational vessel that has an engine and is registered to or owned by the member, regardless of who is operating the covered vessel when it is disabled. The Gold Card member may also use his/her privileges on any vessel he/she charters, rents, leases or borrows.

Sea Tow Lake Card: This card provides membership privileges for any covered recreational vessel that has an engine and is registered to or owned by the member, regardless of who is operating the covered vessel when it is disabled, but only on Inland Freshwater/Inland Waters, and excluding Florida. The Lake Card is designed for those members who boat solely on fresh, non-tidal, inland waters. The Lake Card member may also use these privileges on any vessel he/ she charters, rents, leases or borrows in those Waters.

Sea Tow Commercial Card: This card provides membership privileges for a single commercial vessel that has an engine and is registered to the member, designated as the primary vessel. The Commercial Card covers the primary vessel only, regardless of who is operating the vessel at the time it is disabled, and provides a discount of $100 US per hour off of the hourly rates of the Sea Tow Franchisee for the membership privileges provided excluding Dock-to-Dock Tows (which are not covered by this Card).

Sea Tow Professional Mariner Card: This card is designed for members who regularly use multiple vessels in the performance of their maritime duties, such as yacht delivery captains, on-water instructors, charter captains, and the like. The member may use his/her privileges on any vessel the member is operating and is the master of, regardless of ownership, excluding the performance of Dock-to-Dock Tows (which are not covered by this Card).

Sea Tow is organized into three tiers. Each has a different function.

Sea Tow Services International, Inc.: The corporate office is responsible for the administration of the Sea Tow worldwide membership program and the network of Sea Tow franchisees who provide assistance to Sea Tow members, and is the owner of a bastion of proprietary rights which it licenses to the Sea Tow Franchisees, including the distinctive Sea Tow name, logos, trade dress (including the color yellow and yellow and black lettering), and various other Sea Tow Trademarks.

Sea Tow Franchisee: Each Sea Tow Franchise is independently owned and operated by a Sea Tow Franchisee and charged with an exclusive geographical area of responsibility (AOR) in which to provide services to Sea Tow members through the Franchise’s deployment of vessels and personnel (including Sea Tow Captains), determination of optimum ports of operation, and whether and how to provide services upon circumstances presented and with safety as the priority. A Sea Tow member is generally assigned by Sea Tow Services International Inc. to a specific franchisee’s AOR in which the member’s home port is located, and that Franchisee is then responsible for providing member privileges, under this Membership Agreement, to that member.

Sea Tow Captains: Sea Tow Captains are trained professionals with significant boating experience. Sea Tow Captains meet the standards of the Coast Guard as licensed Merchant Marine Officers or the local equivalent in the country of origin. In the event a covered vessel becomes disabled and needs assistance towing in an AOR, a Sea Tow Captain will respond under the direction of the Sea Tow Franchisee, and in his/her professional discretion, determine the best course of action.  Ultimately, all decisions are made on-scene by the Sea Tow Captain reporting to the Sea Tow Franchise (and often the Coast Guard, but not Sea Tow Services International, Inc.) based upon circumstances presented and subject to this Membership Agreement.

The following rules apply when an incident occurs to a covered vessel that is:

Within the Member’s Home Area: The member receives, per incident, unlimited assistance towing for the covered vessel(s) to the dock of their choice within their home area, or Alternatives to Towing (as indicated below). No time, distance or dollar limits apply.

Out of the Member’s Home Area: When out of the member’s home area or when the member does not have a designated home area, and, in either case, in an area where Sea Tow is operating, the member receives, per incident, one of the following: assistance towing of the covered vessel to the nearest dock or Facility in a Safe Port, that in the Sea Tow Captain’s judgment, will best facilitate repair or transportation of the vessel, Alternatives to Towing (as indicated below), or assistance towing of the covered vessel to its home port where the home port is in the Sea Tow area (AOR) adjacent to where the incident occurred.

Out-of-All Areas: In areas where Sea Tow is not yet operating, or when the member does not have a designated home area, the member will receive, per incident, assistance in arranging, and reimbursement for assistance towing of up to $225 per hour, not to exceed $5000 per incident, to the nearest dock or facility that will best facilitate the boat’s repair or transportation in a Safe Port, with no annual aggregate limit. A USCG licensed professional tower or local equivalent must be used and the bill must be paid by the member. In order to receive reimbursement the member must within 60 days of the incident submit a copy of the paid invoice via email to reimbursement@seatow.com or to Sea Tow Services  International, Inc. Attn: Service Reimbursement, PO Box 1178, Southold, New York 11971. Tows and hourly rates in excess of $225 per hour will not be paid without prior authorization. For Lake Card members Out-of-All Areas coverage only applies to inland freshwater locations.

Towing Services: The member will receive one vessel per incident for assistance towing, or other covered service, when the covered vessel becomes disabled while away from the member’s home port. If multiple Sea Tow vessels are required additional charges may apply. Members get priority over non-members.

Alternatives to Towing: In the sole discretion of the Sea Tow Captain, upon the conditions presented, and to remedy the disablement, the member may receive, as an alternative to towing the covered vessel, a jump start, fuel delivery, disentanglement, or other on scene service, at no additional charge to the member except for containers of fuel, parts or non-covered services used (e.g., diver, salvage, special unusual requests). If the disablement cannot be remedied on scene, the member will receive Towing Services.

Ungroundings: The member will receive, per incident, free ungrounding assistance to covered vessel(s) when all five of the following conditions apply; the vessel, is in a stable, safe condition, not in dangerous surf or inside a dangerous surf line, surrounded by water on all sides, has some movement (i.e., rocking, or ability to rock), and can be refloated upon initial arrival or at the next high tide in 15 minutes or less by one Sea Tow boat. Ungroundings that do not meet  the foregoing criteria are considered uncovered Salvage Operations and, if/when provided, are invoiced to the member and paid by the member as such.

Dock-to-Dock Tows: If a covered vessel becomes disabled at its home port, the member will receive one arranged tow per incident within the member’s home area, to a repair facility or ramp for immediate haul out, at no charge. In all cases the tow will be scheduled during off-peak hours and the member, or a member’s designated representative 18 years of age or older, must be aboard the vessel. Dock-to-Dock Tows are not covered within the first 30 days after membership activation. Tows for hauling vessels out for the season or due to impending bad weather are not covered.  Member must prove ownership of the disabled, covered vessel for at least sixty (60) days prior to the disablement, by the provision of Proof of Ownership at or prior to the receipt of services.

Activation: All new memberships activate 24 hours from receipt of payment. Any expired membership will have an activation period of 24 hours once payment is received. Membership privileges expire with membership expiration.

Boats Over 65 Feet: Service is not available in all areas. If more than one Sea Tow vessel is required the member may be charged for such equipment and services.

Changes to Membership Account: It is the member’s responsibility to contact and inform Sea Tow 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 Sea Tow receives notification. Failure to maintain current information may be grounds for denial of privileges or termination of membership.

Disentanglements: Disentanglements are performed at the sole discretion of the Sea Tow Captain as an alternative to providing Towing Services, with safety as the priority. Additional charges will apply if a diver 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 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 Sea Tow is payable to Sea Tow, and if paid to the member must be paid over to Sea Tow immediately. Insurance companies are not third party beneficiaries of the Sea Tow membership program.

Jump Starts: For safety reasons, members will not receive jump starts at home ports, but the Captain may provide jump starts during a voyage on open water, to enable the disabled vessel to return to the home (or safe) port. On-water jump starts will be performed on scene only if the Sea Tow Captain, in his/her sole discretion, determines that the service can be performed safely.

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: Sea Tow reserves the right to immediately cancel any membership at any time for abuse of privileges and without reimbursement. This includes, without limitation, misrepresentation (including vessel condition or journey), excessive towing, fraud, intoxicated operation, lack of upkeep and care of the vessel, or abuse of Sea Tow personnel.

Membership Refunds and Transfers: Full refunds will be provided when a membership has been automatically renewed when the refund request is made within 30 days of the effective date of the membership term and no membership services have been rendered in the interim. In all other cases, the cost of a Sea Tow membership is non-refundable, but any remaining term on the membership is transferable by the member upon written notice to Sea Tow International.

Non-towing Assistance Items: Items such as containers of fuel, parts, de-watering pumps, SCUBA divers, haul-outs, and the like, are not privileges of the membership program and will be separately invoiced and paid by the member.

Offshore Coverage: Members will receive services offshore when weather conditions, available equipment, personnel and communications permit. Such service varies by area (AOR).

Other Towing Services: Towing invoices from non-Sea Tow providers will not be reimbursed when there is a Sea Tow provider in the area. 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. Sea Tow is not responsible for the actions of providers who have no pre-existing contractual relationship with Sea Tow.

Per Incident Limitation: Members are limited to one tow (or Alternatives to Towing) per incident.

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.

Proof of Ownership: Evidence of ownership of a covered vessel by registration, documentation, title or other legal document proving ownership must be provided at the time of service. If such evidence is unavailable at the time of service, the incident will be treated as non-covered and charges will be final should proof of ownership not be provided to Sea Tow within 24 hours of service.

Salvage Operations: Salvage Operations are not privileges of 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 Sea Tow Captain, the Coast Guard or other government agencies may be notified and requested to respond.

These service guidelines may be modified or terminated at any time without notice. In all cases the member or a designated representative must be aboard the vessel. Vessels disabled in the Bahamas, Mexico or Canada will be serviced in accordance with the Sea Tow Membership Agreement.

Privileges provided under Out-of-all-Areas service are limited to US $225 per hour or $5,000.00 per incident, whichever is less. The member is responsible for any additional charges, including but not limited to, dockage while the tow is arranged, flying guests, passengers or themselves to and from the United States, customs fees, and the like.

Vessels will be towed to the United States only from a Safe Port upon prior arrangement. Vessels will not be towed during periods of storms or conditions that could deteriorate or endanger the vessel, captain, crew or passengers of the towed vessel. The Sea Tow Captain will, in his/her sole discretion, decide when to perform the service.

Tows to the United States will only be performed Monday through Friday by prior arrangement. All vessels being towed from a foreign port must clear U.S. Customs or otherwise as U.S. law indicates. All U.S. Customs, Bonding, Agent or other costs for the tower and the member are the responsibility of the member. Stand-by time of the towboat caused by Customs delays will be the responsibility of the member and invoiced per the franchise’s rate card. All rights are reserved to fly in parts or personnel to effect repairs in lieu of towing or to place personnel on board the vessel to assist in towing.

BAHAMAS

Vessels that cannot be serviced in the nearest Bahamas facility at Marsh Harbour, Nassau or Freeport, and require a tow back to the United States, must make arrangements with the local franchise, their home area Sea Tow Franchise or Sea Tow Services International. These vessels may only be towed to commercial ports in the United States. Vessels may be towed from West End, Grand Bahama Island to Lake Worth Inlet, West Palm Beach, FL, Fort Pierce Inlet, Fort Pierce, FL or from Bimini to Port Everglades, Fort Lauderdale, FL or Port of Miami, Miami, FL. In lieu of towing the vessel, it may be shipped via freighter to the United States. Member is responsible for arrangements and Customs fees and paperwork; Sea Tow will pay freight charges only in accordance with the Out-of-All-Areas service provision.

MEXICO – WEST COAST

When possible, vessels will be towed back to the United States from Ensenada, Mexico to the closest port allowed by

U.S. Customs. All arrangements must be made via Sea Tow San Diego or Sea Tow Services International. All other vessels south of the United States border will be serviced according to the Out-of-All-Areas service provision.

MEXICO – EAST COAST

All vessels will be serviced according to the Out-of-All-Areas service provision.

• Services can vary by area, depending on conditions that exist at the time. In the interest of safety, the Sea Tow Captain 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, tow, repair, or wait for tide, 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 the Sea Tow Franchisee, Captain or other 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.

•  SEA TOW SERVICES INTERNATIONAL, SEA TOW FRANCHISEES, SEA TOW CAPTAINS, THEIR 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.

•   The parties consent to resolution of any and all conflicts or disputes hereunder by final and binding arbitration before the Society of Maritime Arbitrators, Inc. (“SMA”), at 127 West 30th Street, 9th Floor, New York, New York 10001 under the SMA’s Maritime Arbitration Rules (as published on its website, smany.org).  The SMA’s decision emanating from any such Arbitration shall be final and binding upon the parties, and subject to enforcement by entry of judgment in every court of competent jurisdiction.  SEA TOW may seek injunctive relief (temporary, preliminary and/or permanent) from the Courts in the State of New York (state or federal as jurisdiction may allow) as may be required to protect its rights from immediate and/or irreparable harm.  Otherwise all issues shall be decided by the SMA in accordance with the foregoing.

• 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 charges.
• 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 recommended.
• This Agreement is entered into in the State of New York, and only federal maritime law applies, superseding all state law, including that of New York. Members may only raise a claim concerning or arising under this Agreement before the SMA, as stated above.

IN EMERGENCY SITUATIONS: ALWAYS HAIL THE U.S. COAST GUARD FIRST on VHF Channel 16 or call 911.   Have everyone put on a life jacket, anchor the vessel if possible, fly a distress flag and follow instructions given.

How to Contact Sea Tow any time for On-Water Non-emergency Assistance:

• Hail “Sea Tow, Sea Tow, Sea Tow” on VHF channel 16;
• Call our 24/7 National Dispatch Center at 800-4-SEATOW (800-473-2869);
• Use the Sea Tow Mobile App
• Call your local Sea Tow at the phone number on your member card.

By opting into the Sea Tow Automatic Renewal Program you agree to the following:

Unless Sea Tow notifies you otherwise for reasons that remain within Sea Tow’s sole discretion, your Sea Tow and/or Trailer Care 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. Accordingly, unless you receive that notification, each year approximately 10 days prior to the end of your membership term, your membership(s) will automatically renew for an additional one-year term, unless you have chosen to cancel participation in the Automatic Renewal Program at least twenty (20) days prior to the expiration date of your current membership term.

You are required to have a current email address on file with Sea Tow so we may notify you of events, including notification of an upcoming automatic renewal 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 Sea Tow up to date and to modify such information immediately upon a change.  Prior to each renewal period an email will be sent informing you of upcoming renewal date.  The date and amount of the charge are available at any time by logging into your account on seatow.com.

Upon such automatic renewal, the credit, debit or bank card on file with Sea Tow 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 Sea Tow to provide updated payment information in order to renew the membership(s) by logging into your account on www.seatow.com and renewing or calling Sea Tow at 1-800-4-SEATOW (800-473-2869).

Full refunds will be provided when a membership has been automatically renewed when the refund request is made within 30 days of the effective date of the membership term and no membership services have been rendered in the interim. In all other cases, Sea Tow membership is non-refundable, but any remaining term on the membership is transferable by the member upon written notice to Sea Tow International.

You can manage your Automatic Renewal subscription or opt out of the Automatic Renewal program at any time.  In order to cancel participation or change your preferences or credit card for the Automatic Renewal Program, you may either login to your account on www.seatow.com, call us at 1-800-4-SEATOW (800-473-2869) or email us at info@seatow.com.

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