Thank you for choosing LOTOW LLC On Water Towing! These terms and conditions (the “Terms”) govern your Membership with LOTOW LLC (“LOTOW”, “we,” “our,” “us”). Purchase or use of any LOTOW Membership subjects the Member or user to the provisions of the Terms, as amended from time to time. This is not an insurance contract.

Towing Service Levels: We offer three towing service levels: Silver, Gold, and Platinum. Towing benefits vary depending on your towing service level. Membership eligibility, dues, fees, terms, services and benefits are subject to change without notice. In the event of any changes, the Terms will be updated and published at www.lakeoftheozarkstowing.com.

A.  Definitions – When used throughout, the following words and phrases are defined as follows:  

1. Covered vessel is a recreational vessel owned by the Member that becomes disabled on the water, or a vessel chartered, rented, leased or borrowed by the Member that becomes disabled on the water when that vessel’s owner is not present.  

2. Incident is an event, or a series of events, arising from the same occurrence that rendered the covered vessel disabled.  

3. Member is the person or persons identified on the Membership Record and for whom towing benefits apply in accordance with the Member’s service level.  

4. Towing benefits are defined in Section B.  

5. Service Area is the entire Lake of the Ozarks, including all navigable waters within the lake. Service is provided exclusively by LOTOW LLC and is subject to availability. We do not pay or reimburse for services from any other towing provider.  

6. Non-Restricted location is defined as a dock, mooring or anchorage where the covered vessel is regularly kept, or a dock, mooring or anchorage where the covered vessel can remain 12 or more hours.  

7. MM refers to mile markers on the Lake of the Ozarks, with MM 40+ indicating areas beyond mile marker 40.

B.  Towing benefits are provided as follows:  

1. Towing assistance to a port of choice within the Service Area when a covered vessel becomes disabled on the water (subject to service level restrictions). As an alternative to towing, the Member may receive a jump start or delivery of fuel, engine fluids, or basic engine parts to avoid a tow.  

2. Soft ungrounding assistance for a covered vessel.  

3. A tow for the purpose of repairs of a covered vessel from a Non-Restricted location to a dock, mooring, repair facility or point of haul out within the Service Area (subject to service level restrictions).  

4. A jump start or tow for the purpose of repairs when a covered vessel has been at an anchorage or mooring where the covered vessel is not normally kept for less than 7 calendar days. If the vessel is towed, the repair facility or point of haul out must be within the Service Area (subject to service level restrictions).

C.  Exclusions to towing benefits:  

1. When the vessel is disabled as a consequence of a pre-existing condition, including where the boat is disabled at the time of vessel purchase or membership purchase or upgrade or when a disabled vessel departs a dock, mooring or anchorage.  

2. Tows from a Non-Restricted location within the first 15 days after membership purchase or upgrade.  

3. Tows from a Non-Restricted location when the disabled vessel is chartered, rented, leased or borrowed by the Member.  

4. Salvage, including hard groundings, assistance requiring more than one vessel, pumps, divers, airbags or other special equipment, or 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.  

5. Towing a vessel from a repair facility at which it can be repaired.  

6. The cost of fuel, parts or supplies for the covered vessel.  

7. Escort, navigation assistance, search for lost vessels or anchor retrieval.  

8. Un-groundings at any dock or mooring.  

9. Battery jump starts or tows resulting from a dead battery, faulty battery, or any other battery issue when:  

   a. A covered vessel is at a dock considered to be a non-restricted location;  

   b. A covered vessel is at a mooring or anchorage considered to be a non-restricted location for 7 or more calendar days.  

10. Tows for routine maintenance including, but not limited to, winterization, seasonal haul outs, spring preparation, storm preparation, and scheduled maintenance.  

11. Marina charges or customs fees.  

12. When the Member is a guest or paid captain of a vessel, or where the vessel is used for commercial purposes.  

13. Any service not specifically stated in this Agreement as towing benefits.  

14. Services outside the defined operational dates, times, or areas for the Member’s service level.

D. Membership Service Levels and Covered Benefits 

Towing benefits are provided on a per-incident basis in accordance with the Member’s selected service level in effect at the time of disablement. All services are performed exclusively by LOTOW LLC. LOTOW LLC does not reimburse, pay, or provide credit for services rendered by any other provider under any circumstances. 

1. Silver Membership: Covers 100 % of on-water towing assistance only when the covered vessel becomes disabled while underway. Dock-to-dock tows are not included under any circumstances. Service is available April 15 through October 15, 9:00 a.m. to 9:00 p.m. Geographic coverage is limited to Mile Marker 0 through Mile Marker 40 inclusive. No additional benefits or discounts apply. 

2. Gold Membership:  Covers 100 % of on-water towing assistance and dock-to-dock tows. Dock-to-dock tows are provided on a non-priority basis and response time may be delayed up to twenty-four (24) hours depending on demand and operational conditions. Service is available April 15 through October 15, 9:00 a.m. to 9:00 p.m. Geographic coverage is limited to Mile Marker 0 through Mile Marker 40 inclusive. Members receive a fifty percent (50 %) discount on any services that fall outside the covered benefits of the Gold plan (at the sole discretion of LOTOW LLC).        

3. Platinum Membership: Covers 100 % of on-water towing assistance and dock-to-dock tows with priority response. Service is available twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year throughout the entire Lake of the Ozarks with no mile-marker restrictions. Platinum membership also includes one (1) complimentary lost-item recovery dive per membership year (maximum depth 30 feet; first thirty (30) minutes at no charge; thereafter subject to LOTOW LLC’s standard diving rate). Members receive a fifty percent (50 %) discount on any services that fall outside the covered benefits of the Platinum plan (at the sole discretion of LOTOW LLC).

4. Applicable to all service levels: Services are provided exclusively by LOTOW LLC. No prior authorization or reimbursement is available for non-LOTOW providers.  LOTOW LLC reserves the right to modify pricing, benefits, service hours, geographic coverage, and these Terms at any time with notice posted at www.lakeoftheozarkstowing.com.

E.  Additional Terms  

1. Term; Activation: Membership is effective at midnight the day following receipt of payment and expires as shown on the Membership Record.  

2. Your Membership is not insurance: This Agreement is not an insurance policy and does not provide for any compensation, liability or damages arising out of damage or injury to persons, boats or property.  

3. In an emergency situation, contact the Coast Guard or other government agency immediately: This Agreement is not a promise of rescue and is restricted to towing benefits which can be provided with equipment immediately available to the towing company. Services will be provided within the safe parameters of the towing company capabilities and will not be rendered when the vessel cannot be safely or reasonably reached or secured or properly serviced without damage or danger to persons or property.  

4. Services are provided on an “as available” basis: Services are subject to availability. Alternatives to towing may be provided in the sole discretion of the responding service provider.  

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.lakeoftheozarkstowing.com  

6. Your Right to Cancel: You may cancel this Agreement within 30 days of activation for a refund of Member dues; a refund of Member dues is contingent on whether towing benefits were provided within the first 30 days.  

7. Our Right to Cancel: We reserve the right to immediately cancel this Agreement for abuse of privileges. This includes, without limitation, misrepresentation of vessel condition, excessive towing, lack of care and diligence in the operation and maintenance of the vessel, and fraud.  

8. No Assignment: This Agreement may not be transferred or assigned to another party.  

9. Consent to receive text messaging for dispatch purposes: By using our service, you agree to accept text messaging for dispatch purposes.