xTow ON-WATER TOWING SERVICE AGREEMENT
We're elated to have you aboard!
Here are the terms and conditions (the “Terms”) of your Membership with xTow (“xTow”, “we,” “our,” “us”).
xTow Members, through their purchase of a membership, agree to the Terms, as occasionally amended and published on LakeXtow.com
IMPORTANT: An xTow Membership is NOT an insurance contract. xTow members receive non-emergency services only, under the terms and conditions which follow.
Towing Service Tiers
We offer the following towing service tiers for non-emergencies:
• xTow Captain’s Club Membership - Free Tow Service
• xTow Admiral Member & Gas Club - Free Tow Service + More
Towing benefits depend upon which service tier the member chooses at the time of purchase. Membership eligibility, terms, services and benefits are subject to change without notice. Changes to terms will be published at www.LakeXTow.com.
A. Definitions – When used throughout, the following words and phrases are defined as follows:
1. Member is the person and their vessel as recorded in the LakeXtow.com member database. Benefits exist in accordance with the member’s service tier.
2. Covered vessel or member vessel is a recreational vessel, not used for commercial purposes, owned by the Member, designated at the time of membership purchase, that becomes disabled on the water.
4. Incident is an event that rendered a member's vessel disabled.
5. Service Area is the geographic area serviced by an XTow service provider. Service area includes the Lake of the Ozarks, from Bagnell Dam to Truman Dam.
6. Non-Restricted location is defined as a dock, a floating or stationary structure, where the member's vessel is normally kept, or a location where the covered vessel can remain 12 or more hours.
7. Towing benefits are defined in Section B.
B. Towing benefits are provided in accordance with the following:
1. Towing assistance to a port within the XTow service provider's service area when a member's vessel becomes disabled on the water. The Member may receive fuel delivery or jump start in lieu of towing.
2. Soft ungroundings of the member's vessel.
3. A tow for repairs of a member's vessel from a non-restricted location to a dock, facility or nearest boat ramp for haul out.
4. Exclusions to towing benefits:
• Salvage. This includes vessels abandoned, wrecked, on fire, damaged by fire, taking on water, sinking, sunk, previously sunk, or generally in an unsafe state. This also includes any incident considered a hard grounding, and/or requiring pumps, divers, airbags or other special equipment.
• Towing a vessel from a repair facility at which it can be repaired.
• Ungroundings at any dock or structure to which the boat is tied or was tied.
• When the vessel is disabled as a consequence of a pre-existing condition. A member's boat tow is NOT covered if it is disabled at the time of the boat's purchase or membership purchase or upgrade or when a disabled vessel departs a dock.
• Tows from a Non-Restricted location within the first 30 days after membership purchase or upgrade.
• The cost of fuel, parts or supplies for the covered vessel.
• Fees from marinas.
• Where the vessel is used for commercial purposes.
• When towing benefits are available from another company or service.
• Any service not stated in this Agreement as a benefit.
C. Payment –Towing benefits are paid, in accordance with the xTow Member’s service tier, per incident. The xTow Service provider is authorized and will record the xTow Member’s credit card information previous to sending an operator to the member vessel’s location. The tow boat service provider will keep this information on file until the xTow Membership and service tier is verified for billing purposes.
1. xTow 1st Mate Member: Pays the first $100 for towing benefits.
2. xTow Captain’s Club Membership: The Captain’s Club Membership pays 100% when towing benefits are provided to a member vessel.
3. xTow Admiral Member & Gas Club: The Admiral Membership pays 100% for towing benefits provided to a member vessel.
IMPORTANT: If service is not provided by an XTow service provider, the tow is not covered by the xTow membership.
D. Additional Terms
1. Services are provided on an “as available” basis subject to the availability and backlog of xTow Service Providers. Alternatives to towing may be provided in the sole discretion of the service provider responding to the incident.
2. Your Membership is not insurance: This Agreement does not provide for any compensation, liability or damages arising out of damage or injury to persons, boats or property.
3. Non-Member Driver
If a family member or friend is driving your boat, your towing and gas-club member benefits still apply, provided that:
a) the boat is listed on your membership, and
b) the person driving is not in violation of XTow's Terms of Service (examples include if the driver is operating the boat illegally, or the boat is being operated in a commercial fashion, among others)
If you’re not on the boat at the time that a towing service is needed, then the person calling for the tow will need to provide the name of the person listed on your membership so that can be put on-file with the towing paperwork — otherwise if we have no way to connect that towing incident to your member account, then the credit card provided by the person being towed may be charged (our towing operator always requires payment info, but members won’t be charged for towing incidents that fall within their member benefits).
4. In an emergency situation, contact the Water Patrol or other emergency service provider or Dial 911. This Agreement is not a promise of emergency rescue. It is only for towing benefits which can be provided directly only through an xTow service provider as stated in these terms. Services will be provided in accordance with xTow service providers safety measures and policies. Services will only be rendered when the vessel can be safely reached, properly serviced or secured without damage or danger to persons or property.
5. Terms are subject to change: Membership benefits and services, including service areas and membership service levels, are subject to change without notice. In the event of any changes, the Terms and Member Benefits will be updated and published at www.LakeXTow.com.
6. Your Right to Cancel: You may cancel this Agreement within 28 days of membership purchase for a refund. A refund of Member dues is contingent on whether towing benefits were provided within the first 28 days.
7. Our Right to Cancel: We reserve the right to immediately cancel this Agreement for abuse of privileges. This includes, but is not limited to, fraud vessel condition, excessive towing, lack of care in the operation and maintenance of the vessel.
8. Term Activation: Membership is effective at 12:01 a.m. the day following receipt of payment.
9. No Assignment: This Agreement may not be transferred or assigned to another party.
Now that the legal is out of the way, WELCOME ABOARD!