Liability WaiverAll passengers on Reveur Sauvage Yacht Charters must review and agree to the following. RSYC BAREBOAT CHARTER AGREEMENT This BAREBOAT CHARTER AGREEMENT, made as of 7_11_2024, by and between Reveur Sauvage Private Yacht Club & Charters, LLC (RSYC) of the Vessel “Day Dreamer”, (USCG COD # 1159241), hereinafter called “OWNER” and CLIENT hereinafter called “CHARTERER”. IN WITNESS of which: OWNER hereby agrees to let and demise bareboat, and the CHARTERER agrees to hire on a bareboat based upon the terms and conditions and for the consideration hereinafter set forth, the said Vessel for a period commencing at (TIME) o’clock for (DURATION OF TIME) on (DATE OF CHARTER). The vessel shall be delivered to the CHARTERER at the Port Covington Marina, Baltimore, MD. OWNER warrants that Vessel, when delivered to CHARTERER, shall be in good seaworthy condition and shall comply with all applicable laws and regulations pertaining to the condition of the Vessel. It is the responsibility of the CHARTERER to perform a pre-charter inspection of the Vessel upon delivery of the Vessel to the CHARTERER, to ensure that the Vessel is suitable for CHARTERER’s intended use and the familiarize CHARTERER and CHARTERER’S crew with the Vessel, its equipment and safety procedures, and to note any pre existing damages or conditions of the Vessel. The Vessel shall also be inspected upon its return, and any damage or other conditions of the Vessel noted on the pre-charter inspection shall be for the CHARTERER’S account. CHARTERER shall maintain Vessel in good order and condition, reasonable wear and tear expected. CHARTERER shall not be responsible for repairs to Vessel except to the extent that the need for such repairs arises from negligence or willful misconduct of CHARTERER, its officers, agents, employees, students, invitees or guests. The owner agrees to make any repairs needed to keep Vessel in good seaworthy condition and in compliance with all applicable laws and regulations to the extent the need for such repairs does not arise from the negligence or willful misconduct of the CHARTERER, its officers, agents, employees, invitees or guests. The vessel shall be subject to inspection at any reasonable time by the OWNER or its agent or employee provided. OWNER has furnished reasonable advance written notice to CHARTERER or its intent to make such inspection. Minimum operator requirements include but are not necessarily limited to the following: Current and valid US Coast Guard Captains License, 5 years of licensed and documented sailing experience, and must demonstrate knowledge of and familiarity with the Vessel and have passed our Bareboat Charter Test. CHARTER’S selected Captain is subject to OWNER’s approval, in its sole discretion. CHARTERER is responsible for selecting and compensating the captain and crew, who shall be employees of the CHARTERER for the duration of the Charter. The captain and crew selected by the CHARTERER shall, at all times be under the total and exclusive control of the CHARTERER, and not the OWNER. CHARTERER may choose a captain and crew known to him/her who meets the qualifications of this paragraph or may choose from a list of qualified operators provide by OWNER. (SEE PAGE 4). CHARTERER has the right to discharge, for cause, the Captain or any crew member during the term of the Charter. CHARTERER expressly agrees that the operation of the said Vessel will be limited to the following areas and waters for insurance purposes: Baltimore, Maryland. CHARTERER shall indemnify, defend and hold harmless OWNER, its officers, agents, and employees from and against any claims, damages, expenses or liabilities arising out of the performance of this Agreement or the use of the said Vessel including without limitation, claims, damages, expenses or liabilities for the loss of damage to any property, or from the death or injury to any person or persons in proportion to and to the extent such claims, damages, expenses or liabilities arising from the negligence or willful misconduct of CHARTERER, its officers, agents, employees, or guests. CHARTERER shall also indemnify, defend and hold harmless OWNER, its officers, agents and employees from and against any claims, damages, expenses or liabilities assessed or charged by the United States Coast Guard Illinois Department of Natural Resources, Conservation Police, or other governing agency, for CHARTERER’s improper or negligent operation or use of the Vessel as contrary to a bareboat charter, whether the same is only alleged or proven to be true. CHARTERER agrees not to transport MERCHANDISE FOR HIRE or CARRY PASSENGERS FOR HIRE, or engage in any trade, or in any way violate any laws of the United States or any other government within the jurisdiction of which the Vessel may be at any time during the charter. CHARTERER acknowledges that there is a maximum of 12 (TWELVE) passengers permitted on the Vessel and is prohibited from charging his/her passengers a fee or accepting other consideration as a condition of being a guest aboard the Vessel. CHARTERER shall have no rights, power, or authority to create, incur, or permit to be imposed upon the Vessel any liens or encumbrances of any nature. A fully-executed copy of this Charter Agreement shall be carried aboard the Vessel with the ship’s papers at all times during the term of the Charter. It shall be exhibited by CHARTERER to any person having business with the Vessel which might give rise to any lien. CHARTERER shall redeliver said Vessel free from any liens incurred as a result of the operation of the Vessel under this Charter Agreement and shall indemnify and hold harmless OWNER or its agent against any lien not incurred by OWNER or covered by insurance arising out of the possession, use, or operation of said Vessel or by any persons aboard said Vessel by invitation of the CHARTERER. All fuel, food, and stores shall be paid for by the CHARTERER. CHARTERER shall not sub-charter or assign this Charter without obtaining the consent of the OWNER in writing. If at any time CHARTERER fails to remedy any default concerning any of the provisions, covenants or conditions of this Charter to be kept or performed by CHARTERER within 15 (fifteen) days after notice thereof, or such additional time as in reasonably required to cure such default, OWNER shall have the right to terminate this Charter by giving written notice of such termination to CHARTERER. OWNER shall not be responsible for failure to deliver the Vessel at the commencement of the Charter if such failure is caused by reasons beyond the control of the OWNER or because of said Vessel having been lost or disabled. Should such delivery not be made within one day after a specified date, this Agreement may be canceled by OWNER or CHARTERER, and any deposits or amounts, therefore, paid on the charter hire shall be returned by OWNER to CHARTERER and OWNER or indirect or result in any special or consequential damages. RSYC LIABILITY AGREEMENT Each passenger must submit the signed form before being admitted on the yacht. Please carefully read this document. 1.I, the undersigned, understand that yachting and boating have significant, inherent and potentially unforeseen risks. By signing below I, on behalf of myself, spouse (if any), children (if any), heirs, executors, administrators, and representatives, hereby fully and unconditionally release, waive, forever discharge Reveur Sauvage Yacht Charters and any and all of its owners, members, employees, agents, volunteers, officers, personnel, representatives, affiliates, successors and assigns (referred to hereafter, individually and collectively, as “Reveur Sauvage”) from, and agree not to sue Reveur Sauvage Yacht Charters for, any and all liabilities, rights, claims, demands, lawsuits, actions, responsibilities, obligations, duties, disputes, and damages of any kind or nature, whether known or unknown, arising out of or related to my entry upon and use of any and all yachts, boats, vessels or other property owned or under the control of Reveur Sauvage and/or arising out of or related to any participation in any and all charter event(s) of Reveur Sauvage and other services of Reveur Sauvage, whether relating to or occurring prior to, during, or after boarding, using or entering upon any yachts, boats, vessels or other property owned or under the control of Reveur Sauvage or whether relating to or occurring prior to, during or after participating in any charter event or using any other service of Reveur Sauvage, or at any other time or during any other activity or occurrence of any kind or nature whatsoever. Furthermore I agree not to assert any claim or action against Reveur Sauvage on account of, arising out of or in connection with any and all personal injuries, including but not limited to serious bodily harm or death, nor on account of, arising out of or in connection with any losses or damages to me or my property, that arise out of or are related to my entry upon and use of any and all yachts, boats, vessels or other property owned or under the control of Reveur Sauvage and/or arising out of or related to my participation in the charter event(s) or use of any other Reveur Sauvage services; and I hereby assume all risks of injury, death, loss or damage to my person or property related to any of the foregoing. I fully understand that all charter event(s) may carry risk and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss and/or death. Swim at your own risk.We do NOT recommend swimming in the Chesapeake Bay - I agree that I am personally responsible for my safety and actions boarding and while aboard the charter. I agree to comply with all policies and rules, including but not limited to all policies, guidelines, signage, captain and crew instructions. Because the yacht charter is used by other individuals, I recognize that I am at potential risk of contracting COVID-19 and other contagions. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Reveur Sauvage from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 and other contagions while participating in any activity while on or around the charter.
- I agree to indemnify, defend, and hold harmless Reveur Sauvage from and against any and all claims, damages, causes of action, judgments, costs or expenses, including attorney’s fees, which in any way arise from my entry and activities (whether authorized or unauthorized) upon and use of any and all yachts, boats, vessels or other property owned or under the control of Reveur Sauvage and/or arising out of or related to any participation in any and all charter event(s) of Reveur Sauvage and other services of Reveur Sauvage.
- I give consent to Reveur Sauvage to release photos, videos and audio of me including but not limited to social media channels, website and brochures. I recognize that released information may be subject to re-disclosure not in control of the company and not protected by federal and state privacy laws. I understand I may request to stop further release of photos, videos and audio of me by writing the company directly. My request will not apply to already released information, printed and/or electronically posted. If applicable I waive both ownership interest to any materials developed and authority to inspect or approve the finished materials prior to their release or publication.
- By signing below I acknowledge and represent that (1) I have read all of the foregoing, understand the foregoing, and sign voluntarily as my own free act and deed; (2) I am sufficiently informed about the risks involved so that I can make an informed decision to sign or not sign this document; (3) no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; (4) I am at least eighteen (18) years of age and fully and legally competent; and (5) I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Liability Waiver, Assumption of Risk and Indemnity shall be governed by and construed in accordance with Ohio law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement as a whole.
PHOTO RELEASE STATEMENT Photo Release Waiver I, hereby grant permission to Reveur Sauvage Yacht Charters and its affiliates, representatives, and employees to take photographs and/or videos of me during my participation in any yacht charter activities. I understand that these images may be used for promotional, advertising, and marketing purposes, including but not limited to brochures, websites, social media, and other promotional materials. I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the images. I release, discharge, and agree to hold harmless Reveur Sauvage Yacht Charters, its affiliates, representatives, and employees from any and all claims, demands, or causes of action that I may have by reason of this authorization or arising out of the use of the photographs/videos, including any claims for libel or invasion of privacy.
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