Item 1.01 Entry into a Material Definitive Agreement

Sales and Service Agreements with Sea Ray and Boston Whaler

On October 30, 2020, MarineMax, Inc. (the “Company”) and the Sea Ray and Boston Whaler Divisions of Brunswick Corporation (each separately “Builder” ) each entered into a new Sales and Service Agreement relating to the Builder’s products effective September 1, 2021 and extending through August 31, 2024, under certain conditions, with automatic renewal for successive three-year extensions, unless the agreements are terminated earlier (certain termination provisions are summarized below) or either party gives the other written notice not less than 6 months prior to the end of the then current term of the agreement that the agreement will not renew at the end of such term.

The agreements appoint certain of the Company’s locations, either as a preferred location or a standard location depending on the Builder’s brand concentration in that market, as a dealer for the retail sale, display, and servicing of all products, parts, and accessories currently or in the future sold by the Builder. Preferred locations are three-year terms and Standard locations are one-year terms. Each location can alter between preferred and standard as the brand concentration fluctuates. The agreements designate a designated geographical territory and dealer region for the dealer, which is exclusive to the dealer. The agreements also restrict the dealer from selling, advertising, soliciting for sale, or offering for resale any products outside its territory except as otherwise provided by the Builder’s advertising policy or other applicable policy. In addition, the agreements provide for the lowest product prices charged by the Builder from time to time to other domestic product dealers, subject to the dealer meeting all the requirements and conditions of the applicable programs and the right of the Builder in good faith to charge lesser prices to other dealers to meet existing competitive circumstances.

Under each agreement, the dealer is also required to maintain at each dealer location, unless just a sales location, a service department that is properly staffed, trained and equipped to service the products promptly and professionally and to maintain parts and supplies to service they products properly on a timely basis. The dealer is required to provide or arrange for warranty and service work for the products.

The Builder has agreed to indemnify the Company against any losses to third parties resulting from certain negligent acts or omissions involving the design or manufacture of any of its products or any breach by it of the agreement. The Company has agreed to indemnify each Builder against any losses to third parties resulting from the Company’s negligent acts or omissions involving the dealer’s improper preparation, use or repair of the Builder’s products, statements or representation not specifically authorized by a Builder, damages caused by or related to the installation of any after-market components or any other modification or alteration of the products, and any breach by the Company of the agreement.

The agreements may be terminated:

Either party may elect to not extend the term at the expiration of each applicable 3-year period.

This description of the agreement and the transactions contemplated by the agreement is not complete and is qualified in its entirety by the complete terms and conditions of the agreement, a copy of which the Company expects to file as an exhibit to the Company’s Annual Report on Form 10-K for the year ended September 30, 2020.