Boating Industry

March 2015

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LAUNCH 12 | Boating Industry | March 2015 www.BoatingIndustry.com BOATUS FOUNDER RICHARD SCHWARTZ PASSES AWAY Boat Owners Association of The United States chairman and founder Richard Schwartz passed away in February after a short illness. He was 85. Schwartz was the first to fight for legislation on behalf of boaters, and his efforts at shaping national boating policy helped secure passage of the Recreational Boating Safety and Facilities Improvement Act of 1979 – also known as the Biaggi Bill – which affirmed that taxes and fees paid by boaters should support boating programs. He later was a vocal opponent to user fees and the highly unpopular luxury tax (1992) and the die- sel fuel tax (1997), both of which were repealed. In 1984, Schwartz was widely credited in leading the passage of the federal Wallop/Breaux Trust Fund Amendment, today part of the Sport Fish Restoration and Boating Trust Fund that now returns over $600 million annually to federal and state boating and fishing programs. When Congress directed the U.S. Coast Guard to stop providing routine on-the-water assistance in the 1980s, Schwartz created the largest on-the-water tow- ing service in the nation, the red boats of BoatUS Tow- ing Services that include the TowBoatUS and Vessel Assist towing fleets. "Richard had the foresight that recreational boaters needed an advocate, they needed services to enjoy the water, so he create an organization dedicated to help- ing America's boat owners enjoy their cherished time on the water," said BoatUS President Margaret Podlich. "He was an inquisitive, innovative and an energetic leader who could get the very best out of every one of his staff, and always insisted that boaters interests be protected. No one did more for America's recreational boaters than Richard Schwartz." MALIBU, NAUTIQUE SETTLE PATENT INFRINGEMENT SUIT Malibu Boats, LLC, and Nautique Boats announced have reached a settlement in the patent infringement case brought by Malibu against Nautique before the U.S. District Court for the Eastern District of Tennessee. Terms of the agreement were undisclosed, but the settlement includes both parties drop- ping their claims and counterclaims. As part of the settlement, Nautique has entered a license agreement related to certain Malibu's patents, as well as making payment for past use of Mali- bu's patent portfolio relating to wakesurfing technologies. "We are pleased to conclude the litigation between our companies in a manner that respects Malibu's patents," said Jack Springer, CEO of Malibu. "As Malibu continues to innovate and to build its patent portfolio, it is gratifying for us to reach a settlement with Nautique that rec- ognizes the value of our patents and helps us to determine if others are infringing Malibu's IP." Nautique's President and CEO Bill Yeargin stated, "Our team is happy to have this dispute behind us and look forward to building on Nautique's award winning product and market share increases of the past few years." "While we felt strongly about our position in this dispute we also know there is risk associ- ated with the judicial process. We are satisfied with the settlement and look forward to growing our industry for everyone's benefit," Yeargin added. INDUSTRY NEWS Benchmark your performance against these five marine dealer key performance indicators, offered through Boating Industry's partnership with Spader Business Management, to stay focused on what's important to your success. Sales Volume 12.1% $8,395,786 through Dec. 2013 $9,410,272 through Dec. 2014 New Boat Inventory 21.0% $2,878,389 through Dec. 2013 $3,481,967 through Dec. 2014 19.4% $392,316 through Dec. 2013 $468,307 through Dec. 2014 KPIs Net Profit Used Boat Inventory 5.6% $410,214 through Dec. 2013 $433,329 through Dec. 2014 46.5% 4.3% 3.2% 14.5% 19.2% 12.4% 0% 10% 20% 30% 40% 50% Total personnel Total advertising Total floor plan interest Total semi- fixed Total fixed Total net operating profit % of Gross Margin Total personnel Total advertising Total floorplan interest Total semi-fixed Total fixed Total net operating profit Continued from page 11 RICHARD SCHWARTZ

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