This Agreement is for Captain for Hire Charter or Bareboat.
By booking the vessel with any Yacht Broker, Online Website, Online Marketplace, Miami Cruise Yacht Charters, Inc (“Company”), or from Vessel Owner (“Owner”), Client agrees that he/she has read the terms, comprehends the wording, and voluntarily and knowingly agrees as follows:
1.BookingProcess. In order to book the vessel for a particular date and time (the”Trip”), Client agrees to remit a $500.00 deposit (“InitialDeposit”). Said Deposit is non refundable except under the terms as follows. If Client cancels the Trip, for any reason, client agrees to forfeit the full amount of the Initial Deposit. However, if, prior to 7 days of the trip, Client wishes to re-book the Trip within 90 days, said Initial Deposit shall be applied as a credit towards the future re-booked Trip (if Client fails to re-book and take the Trip within the 90 day period, the Initial Deposit becomes automatically and forever waivered by the Client and becomes non-refundable). If on the day of the Trip, Client cancels the Trip due to poor weather conditions (as defined by winds in excess of 25 mph and/or 70% chance of rain as defined by NOAA.gov), on that given day during the times of the charter, Client agrees to a refund of 100% of the Initial Deposit or may reschedule the trip at a later date. In the event the vessel is out of service due to mechanical issues or the Company determines the weather is unsatisfactory and/or unsafe (in its sole discretion), the Company shall cancel the Trip and Client may receive a full refund with no penalty or may choose to reschedule the trip. In the event, the Company cancels the Trip as set forth herein, Client’s sole recourse is the return of the Initial Deposit and no additional liability and/or recourse is available to Client or any third par- ty, for any reason, whatsoever.
2 . Client agrees that he/she is responsible for the behavior and actions of his/her/its guests. Client agrees that no illegal activity (or contraband) of any kind is/are allowed to be performed and/or brought on to the vessel by Client or his guests. No smoking is allowed on the vessel. Client further acknowledges that any damages caused by Client and/or his/her/its guests to the vessel or otherwise, are the sole legal responsibility of Client and his/her/ its guests and not that of the Company. Furthermore, Client agrees to indemnify Company and Owner to the fullest possible extent (including legal fees, costs and damages) in the event a claim or legal proceeding is com- menced against Company and/or Owner for any reason whatsoever, relating to Client’s guests. Client specifically agrees to obtain insurance to cover any liabilities to him/her/its self, its party, and any third party for any and all claims, for any reason, whatsoever.
3. In the event damage to the vessel is caused by Client or his party, Client is jointly and severally liable for said damage. In the event of such damage, Company shall notify Client, via text or email, within 24 hours of the Trip return and describe said damage, including remitting pictures, if applicable. Client agrees that he/she has 24 hours of the return Trip, to return to the vessel to inspect such damage and claims made by Company. Failure of Client to return within said period to make an inspection of Company’s claims shall act as a complete bar to refute such claims.
4. Cabins are reserved for overnight guests only. If client or guests lie on beds, a $350 dry cleaning bill will be deducted from their deposit. Client and any person, corporation or other entity to whom, with Company’s consent, Client expressly direct the charges in any way incurred under this Agreement (“Charges”) to be billed, are jointly and severally liable for payment of all charges. If Client directs Charges to be billed to any person, corporation, or other entity, Client represents that Client is authorized to do so. Payment for all charges is due at or before the commencement of the Trip in cash or by Zelle to Company, Owner and/or Captain.
5. Client and his/her Party acknowledges that boating, swimming, diving, and related activities may pose poten- tially serious risks of injuries to their participants including, injury or death as a result of Client or Client’s guests negligence, the negligence of others, or through no fault of Company or anyone else, because of the nature of the activity in which Client or his guest may engage. Client also, understands that weather and nature, are often un- predictable and difficult to control. Company, (which is hereby expressly includes vessel owner, vessel captain and crew, staff, their agents, employees, members, officers, directors), are not liable for any injury (or loss of any type) to, or the death of, a participant during the Trip, for any reason whatsoever. Client and his Party expressly assume the risk of injury or death due to their own negligence, negligence of Company or the negligence of any third-party. Client acknowledges the foregoing, and is a complete and utter inducement for the Company to allow Client and his Party to participate in Trip and on the vessel. Client and his/her/its party hereby unequivocally waive and/or release any and all rights, claims, and/or suits, in any and all form, that Client or Client’s guests or their heirs may have to make a claim against Company arising from any damages, injury, or death which Client or Client’s guests might sustain or which might occur on vessel or during Trip. Client and Client’s guests further agree to indemnify (to the fullest extent of the law, including attorney fees, costs and damages) and hold harmless Company against any claims which Client or Client’s guests might make or which might be made on Client or Client guests’ behalf by others or which might be made against Company by others, arising from Trip and/or ves- sel. By freely and voluntarily booking the Trip, Client acknowledges that he/she knowingly, freely and voluntarily gives up all legal claims provided in this hold harmless agreement and has provided its/his/her guests with a copy of these terms and that they have agreed to same. Client further agrees to indemnify, defend and hold harmless Company from any and all losses, claims, damages and liabilities, joint or several, to which \Company may be- come subject under any applicable law or suit related to or arising out of this agreement and/or Trip. Client will reimburse Company for all fees and expenses (including reasonable counsel fees and expenses) as they are in- curred in connection with the investigation of, preparation for, and defense of any pending or threatened claim or any action or proceeding arising therefrom, whether or not Company, as the Indemnified Party is a party and/or the prosecution and defense of any counter claims, cross claims, and third party claims arising therefrom or relat- ed thereto. This paragraph is valid and enforceable even if the Client or its/his/her guests are the party instituting the action and Company is a named Defendant. Client and his/her/its Party shall, at its own expenses purchase insurance to cover any and all claims for any reason whatsoever that may arise out of the Trip and failure to do so is a material breach of the understanding of the parties. For purposes of this part, proper insurance policy in effect, which shall cover any and all damage or losses to Client, its/his/her party, the vessel, the Company or any third parties resulting from any act associated with the contemplated Trip. Should the above insurance carrier deny said coverage, Client, any corporate entity and/or any authorized representatives shall be joint and severally liable for any and all costs (including attorney fees and costs) due to loss or damage. Client and his/her/its guests are re- sponsible for any and all loss of or damage, of any kind, resulting from any cause including, but not limited to, theft, vandalism, seizure, or acts of god regardless of fault. Not with standing the foregoing waiver language here- in, the Client and his party can only claim damages, if allowed, to the maximum amount actually paid to Compa- ny for the Trip. Moreover, it’s agreed that if a claim for negligence is made, for any reason, said negligence must not be simple negligence but rise to the level of gross negligence.
6. Client grants Company a limited power of attorney to present claims for damage or loss to the Client’s insurance carrier.
7. In no event shall Company, its subsidiaries or affiliates, or their respective officers, directors, employees, repre- sentatives or agents or Owners, be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages. Notwithstanding the foregoing waiver, Client further agrees that any and all claims shall be made solely against the corporate entity and not against any of its officers, directors, employee, members, representatives and/or agents or vessel owner.
8. Client acknowledges that it is the responsibility of the Client and its Guests that all personal belongings, includ- ing, but not limited to money, phones, wallet and jewelry be removed from the vessel prior to departure of the vessel. Client further acknowledges that the Company and its staff are not responsible for any missing, lost or stolen items. Client further indemnifies Company and its staff against any and all claims that Company would be liable to defend.
9. Client acknowledges that it gives full and complete consent for Client and Clients’ Guests to have their picture and/or audio/video taken and further published on any social media site, web site or to any third party or to be used in marketing materials distributed publicly. Client further indemnifies Company and its staff for which Com- pany would be liable to defend in relation to this matter.
10. If Company or Owner requires the use of an attorney to enforce any provision of this Agreement, including but not limited to collection of any money owed, client shall pay all attorney fees, costs and expenses for such en- forcement (up to and including the appellate level). This Agreement shall be construed in accordance with and shall be governed by the laws of the State of Florida, and venue of any action hereunder shall lie solely with the courts in and for Miami-Dade County, Florida, to which jurisdiction each of the parties agrees to submit for the purposes of any litigation involving this Agreement. Florida law to be applied in any litigation and/or interpretation hereunder.
11. This agreement is intended to be a valid contract. If a court of competent jurisdiction finally determines any part of this agreement to be unenforceable, then the remainder of this agreement shall be severed from the agree- ment and shall be enforceable.
12.Acceptance of the terms and conditions herein are a condition precedent and inducement to Company entering into the Trip contemplated herein and but for the terms herein agreed to by Client and Client’s party, Company would not engage in this agreement.
13.This Agreement constitutes the complete agreement between the parties and incorporates all prior discussions, agreements, and representations made in regard to the matters set forth here. Accordingly, a claim for fraud, in any form may not be alleged. This Agreement may not be amended, modified, or changed except by a writing signed by the party to be charged by the amendment, change, or modification.
14. This contract survives the termination of the rental.
15. BAREBOAT: If the rental will include more than 6 passengers, the terms of a Bareboat rental will apply. The Client is aware of the regulations and is responsible for complying, to include the hiring of their own Captain/ Crew and providing their own insurance. The Client agrees that the vessel will not be operated by any unlicensed person not approved by the owner. If the Client has expressed that they do not have an available Captain, the Company has provided a list of recommended Captains to choose from in advance.