BAYSIDE VOYAGE Private Charter Passenger Service Agreement This Private Charter Passenger Service Agreement (the “Agreement”) is entered into by and between the vessel owner/operator, MB Bayside Enterprises LLC, doing business as Bayside Voyage (“Operator”), and the undersigned client (“Charterer”). 1. Voyage Details & Recreational UseVessel: 37’ Sea Ray Sundancer (Bayside Voyage) Departure Location: Navy Pier Marina (797 E. Grand Ave, Chicago IL 60611) 2. Maximum Passenger Capacity (Strict 6-Pack Limit)In strict compliance with U.S. Coast Guard (USCG) regulations for an Operator of Uninspected Passenger Vessels (OUPV), the Vessel shall carry a maximum of six (6) passengers on this voyage, without exception. This limit excludes the Captain and crew. Infants and children count as full passengers under federal law. If the Charterer’s group arrives with more than six individuals, the charter will be canceled immediately, and no refund will be issued. 3. Rate and All-Inclusive FeesTransparent Pricing: Consistent with Operator policy, the total fee is all-inclusive and covers the Vessel use, a USCG Licensed Master Captain, fuel, dockage fees at Navy Pier Marina, and onboard amenities (ice and bottled water). Gratuity for the crew is at the Charterer's discretion and is not included. 4. Mandatory City of Chicago Cancellation & Refund PolicyPursuant to City of Chicago Department of Business Affairs and Consumer Protection (BACP) commercial passenger vessel ordinances, the following refund provision applies to this contract: “Pursuant to City ordinance, if an excursion or event is canceled by the operator, the operator must refund to the customer the full amount of any funds advanced for that excursion or event.” 5. Weather & Captain’s Sole AuthoritySafety First: The USCG Licensed Captain has sole, absolute authority over the operation, navigation, and safety of the Vessel. Weather Cancellations: Small craft advisories, sustained winds exceeding 20 knots, waves exceeding 3–4 feet, lightning, or heavy torrential downpours constitute unsafe conditions. The Captain has the exclusive right to cancel or cut short a charter due to current or forecasted severe weather. Weather Refund/Reschedule: If the Operator/Captain cancels the voyage prior to departure due to weather, the Charterer will receive a 100% refund of advanced funds per City ordinance, or the trip may be rescheduled to a mutually agreeable date. Cloudy skies, light rain, or cooler temperatures do not constitute unsafe weather and are not grounds for cancellation. 6. Passenger Conduct, Harbor Rules, & SafetyIllegal Substances: In compliance with federal maritime law and USCG Zero Tolerance regulations, illegal drugs or controlled substances of any kind—including recreational cannabis—are strictly prohibited on board the Vessel or on marina property. Discovery of illegal substances will result in immediate termination of the charter without a refund and a return to the dock. Alcohol & BYOB: Responsible consumption of alcohol (beer, wine, seltzers) is permitted for guests 21 years of age or older. The Captain reserves the right to terminate the charter immediately if any passenger becomes excessively intoxicated or creates an unsafe environment. Harbor Quiet Hours & Loading: Charterer agrees to abide by all Chicago Park District and Navy Pier Marina guidelines. Boarding and disembarking must take place strictly within the designated commercial zones at Navy Pier Marina. Passenger noise must comply with local harbor quiet hours. 7. Limitation of Liability & IndemnificationAssumption of Risk: The Charterer acknowledges that boating, swimming on Lake Michigan, and moving about a vessel involve inherent risks. The Charterer voluntarily assumes all risks of personal injury, illness, or property damage sustained while on board or during boarding/disembarking. Indemnification: The Charterer agrees to indemnify and hold harmless MB Bayside Enterprises LLC (dba Bayside Voyage), its members, managers, and the vessel’s crew from any liability, claims, or damages arising out of the negligent or willful misconduct of the Charterer or the Charterer’s guests. Property Damage: The Charterer accepts full financial responsibility for any physical damage caused to the Vessel, its interior, hardware, or electronics resulting from the reckless behavior or misuse by the Charterer or their guests. 7A. Swimming Activities — Specific Assumption of Risk & ReleaseVoluntary and Optional Activity: Swimming from the Vessel is an entirely optional recreational activity offered solely as a courtesy to the Charterer. It is not a required or guaranteed component of the charter, and the Captain may suspend, limit, or refuse to permit swimming at any time, for any reason, including but not limited to weather, water conditions, vessel positioning, boat traffic, or passenger behavior. Known and Inherent Risks: The Charterer expressly acknowledges that swimming in open water on Lake Michigan involves inherent and unavoidable risks, including but not limited to: drowning or near-drowning; strong or unpredictable currents, undertow, and wave action; cold water shock and hypothermia, even in warm air temperatures; limited visibility beneath the surface; injury from contact with the Vessel, its propeller, swim platform, ladder, or other hardware; boat traffic and wake from other vessels; and the effects of alcohol consumption on judgment and swimming ability. The Charterer acknowledges these risks exist even when all Operator safety protocols are followed.
Passenger Responsibility: Each swimming passenger is solely responsible for assessing their own swimming ability, physical condition, and fitness to swim (including the effects of any alcohol consumed) before entering the water. The Operator does not provide lifeguard services, and the presence of the Captain or crew does not constitute a representation that swimming conditions are safe or that supervision is being provided. Release and Waiver: To the fullest extent permitted by law, the Charterer, on behalf of themselves and each member of their party, releases, waives, and forever discharges MB Bayside Enterprises LLC (dba Bayside Voyage), its owners, members, managers, employees, and crew from any and all claims, demands, causes of action, or liability of any kind arising out of or related to swimming from the Vessel, including claims based on the alleged negligence of the Operator or its crew, except to the extent caused by the Operator's gross negligence or willful misconduct. Minors: The Charterer represents that they are authorized to bind any minor guests to this waiver as parent, legal guardian, or otherwise, and assumes full responsibility for supervising any minor who enters the water. 8. Governing LawThis Agreement shall be governed by, construed, and enforced in accordance with federal maritime law and, where applicable, the laws of the State of Illinois and the municipal ordinances of the City of Chicago. IN WITNESS WHEREOF, the parties hereto have executed this Private Charter Passenger Service Agreement.
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