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Tiki Bar Cruises, LLC RELEASE AGREEMENT

MADE this day of August 10, 2022 by and between TIKI BAR CRUISES, LLC, hereinafter referred to as OWNER, and the Participant (address to be given below), hereinafter referred to as YOU or the CHARTERER, (Please see smart waiver for the date and time of this agreement) the OWNER AGREES TO ALLOW and the CHARTERER agrees to hire the boat upon the terms and conditions set forth below.

NOW THEREFORE, In consideration of the foregoing, the mutual covenants contained herein, and the sums paid and to be paid in accordance herewith,

 WHEREAS, OWNER is the owner or agent for the owner of that certain Tiki barge described as a tiki bar barge which is hereinafter described as the Tiki barge, and which includes all equipment, fixtures and other property delivered to CHARTERER with said Tiki barge:

AND WHEREAS, CHARTERER wishes to charter said Tiki barge for him or herself and no more than 12 guests from the OWNER: NOW THEREFORE, in consideration of the foregoing, the mutual covenants contained herein, and the sums paid and to be paid in accordance herewith, the OWNER agrees to let and the CHARTERER agrees to hire the Tiki barge upon the terms and conditions set forth below:

1. TERM: (PLEASE SEE FARE HARBOR FOR ALL TERMS INCLUDING DATE, TIME AND AND RESERVATION NUMBER OF TRIP)..

 2. RENTAL: The total rent to be paid by the CHARTERER to the OWNER is PER TRIP in U. S. dollars. The full amount of which shall be paid no later than 30 minutes prior to delivery. If paying in cash, a security and damage deposit of $100.00 shall be paid by the CHARTERER to the OWNER prior to delivery, which shall be applied to late return charges, any damage within the insurance deductible amount for which the CHARTERER shall be responsible, the repair of any damages or loss of equipment and such other charges for consumable items as may have been used and not paid for or replaced during the term of the charter. THE SECURITY DEPOSIT DOES NOT APPLY TO THOSE PAYING BY CREDIT CARD. 

3. DELIVERY AND REDELIVERY: The OWNER agrees to deliver the Tiki barge in full commission and in proper working order, outfitted as a Tiki barge of her size, type and accommodations, with full equipment, including goods and cleaning equipment inclusive of that required by law, , clean and in good condition throughout and ready for service. Nevertheless, should it be impossible for the OWNER to make delivery as stipulated through causes beyond his control and should such delivery not be made within one (1) hour thereafter, then this Agreement may be cancelled by the CHARTERER and any money paid in advance shall be returned to him, which shall be CHARTERER'S sole remedy.

The CHARTERER agrees to redeliver the Tiki barge, her equipment and furnishings, free and clear of any indebtedness incurred for the CHARTERER'S account, at the expiration of this charter, to the OWNER, at his dock in as clean a state as when delivery was taken, ordinary wear and tear excepted. If the Tiki barge is not redelivered in a clean condition, CHARTERER will be charged $50.00 for cleaning, which will be deducted from security and damage deposit. The CHARTERER is responsible for allowing sufficient time for redelivery, but should it be impossible for the CHARTERER to make redelivery of the Tiki barge as stipulated, he shall immediately notify OWNER, and he shall pay such demurrage pro rata to the OWNER for the time that such redelivery is delayed, and in addition thereto shall pay all costs of such redelivery, if any, except in the event of total loss to such Tiki barge, in which event the rights and obligations of the parties shall be determined by other provisions of this Agreement.

4. NAVIGATION LIMITS: The OWNER does not guarantee any destinations. The navigational limits of the Tiki barge is determined by the Tiki barges insurance policy, thus the CHARTERER agrees to restrict the cruising of the Tiki barge to the coastal and inland waters of the State of Connecticut, specifically the Mystic River.

If for any reason the CHARTERER shall operate or take the Tiki barge outside the navigational limits herein, without notice to the OWNER in writing and without proper insurance the CHARTERER shall be liable and responsible for all loss and damage to the Tiki barge and the CHARTERER'S party, and all sums paid under this Agreement, including the security and damage deposit, shall be forfeited as damages.

 5. INSURANCE: The OWNER agrees to keep the Tiki barge insured against Fire, Marine and Collision risks, and with Protection and Indemnity coverage, for the term of this charter, the policy to be held by him as full protection for any and all loss or damage that may occur to, or by, the Tiki barge during charter period, and the liability for loss or damage shall be limited to not more than the amount of the deductible feature of the OWNER'S policy for covered events.

6. ACCIDENTS: The OWNER agrees that should the Tiki barge after delivery sustain breakdown of machinery and be disabled or severely damaged due to a major system breakdown essential for the running and navigation of the Tiki barge, and so as to prevent the use of the Tiki barge by the CHARTERER for the lease time, the same not being brought about by any act, default, negligence, and/or poor judgment of the CHARTERER, the OWNER shall make pro-rata return of the rent to the CHARTERER for such period. The OWNER, and only the OWNER, shall determine if there is cause, act, default, negligence, and/or poor judgment by the CHARTERER. The OWNER, and only the OWNER, shall determine if the breakdown is that of a major system essential for the running and navigation of the Tiki barge, and so as to prevent the use of the Tiki barge by the CHARTERER.

7. REPLACEMENTS: The CHARTERER agrees to be responsible for and to replace or make good any injury to the Tiki barge, her equipment or furnishings, caused personally by himself, or any of his party, and agrees to be responsible for any loss or damage to hull, machinery, equipment, tackle, furniture, or the like. CHARTERER acknowledges that damage caused by engine overheating is not covered by insurance and that all repair costs incurred from overheating shall be the full responsibility of the CHARTERER.

 8. LIENS AND REPAIRS: Neither the CHARTERER nor anyone acting upon his behalf has the right or power to permit or suffer the creation of any maritime liens against the Tiki barge. The CHARTERER agrees to indemnify the OWNER for any charges or losses in connection therewith, including reasonable attorney's fees. Further, CHARTERER is responsible for all consequences of any unauthorized repairs.

9. RUNNING EXPENSES: The CHARTERER agrees to accept the Tiki barge delivered as herein above provided.

10. INDEMNIFICATION: The CHARTERER agrees to indemnify and save the OWNER harmless from any and all liabilities for loss or damage to third persons and their property occasioned by the negligence or default of the CHARTERER, except to the extent that any such liability is covered by the OWNER'S insurance.

 11. SKIN DIVING AND SWIMMING: The OWNER and the insurance underwriters of the Tiki barge accept no responsibility or liability for accidents, injuries or death due to swimming or the use of snorkels, masks or allied equipment such as self-contained underwater breathing apparatus (SCUBA) equipment, whether or not it is provided by the OWNER or CHARTERER. No warranty of any type is made by OWNER regarding any such equipment which may be provided with the Tiki barge.

12. RESTRICTED USE: The CHARTERER agrees that the Tiki barge shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, guests and servants, during the term of this charter. The Tiki barge shall not be used to transport merchandise or carry passengers for pay or to engage in any trade whatsoever. Nor shall the Tiki barge be used in any way which violates the laws of the United States or of any other jurisdiction in which the Tiki barge may be at any time.

 13. ASSIGNMENT AND SUBCHARTER: The CHARTERER agrees not to assign this Agreement or sub-charter the Tiki barge without the consent of the OWNER in writing. Any attempt to assign or sublet this charter shall be void without the written consent of OWNER; however, the OWNER may give such consent after the fact in order to bind the assignee or sub-charterer. No assignment or sub-charter shall release CHARTERER from the obligations imposed by this Agreement, unless the OWNER gives a specific release in writing.

14. BROKERAGE FEES: The OWNER and the CHARTERER agree to recognize Fare Harbor as sole broker in connection with this Agreement. It is further agreed by the OWNER and CHARTERER that once this Agreement has been signed by both parties and the charter fee has been paid in full, the said broker shall have no further connection, obligations, or responsibility in connection herewith in to either party.

15. CANCELLATIONS: If CHARTERER cancels more than thirty days prior to his/her date of departure, The OWNER will issue a gift certificate for the amount of the charter. Cancellation less than thirty days before the date of departure will result in the forfeiture of all monies received.

16. CHARTERER'S AUTHORITY OVER CREW: It is agreed that full authority regarding the operation and management of the Tiki barge is hereby transferred to the CHARTERER for the term hereof. In the event, however, that the CHARTERER wishes to utilize the services of a Captain and/or other crew members in connection with the operation and management of the Tiki barge, said Captain and/or other crew members are to be furnished by the CHARTERER, it is agreed that said Captain and/or crew members are agents and employees of the CHARTERER, and not the OWNER. The Captain shall in no way be the agent of the OWNER, and Captain shall handle clearance and the normal running of the Tiki barge, subject to the limitations of this charter Agreement. The Captain should be responsible for the safe navigation of the vessel and the CHARTERER should abide by his judgment as to sailing, weather, anchorages, and pertinent matters.

 17. CHARTERER'S AUTHORITY OVER CREW: It is agreed that full authority regarding the operation and management of the Tiki barge is hereby transferred to the CHARTERER for the term hereof. The CHARTER has the right to operate the Tiki barge and assume the role of Captain. However, the OWNER requires a certain minimum qualification standard so as to operate the Tiki barge. The minimum qualification to operate the Tiki barge include maintaining a current and valid USCG Master Captain license with fifty (50) hours experience operating a boat of exact build, weight and stability of vessel being chartered. If the CHARTERER is not sufficiently qualified to independently operate the Tiki barge, the OWNER will provide the CHARTERER a list of at least three (3) Captains and Mates that the OWNER has confidence in.In the event, however, that the CHARTERER wishes to utilize the services of a Captain and/or other crew members from that list, in connection with the operation and management of the Tiki barge, said Captain and/or other crew members are to be selected and compensated by the CHARTERER independently. It is agreed that said Captain and/or crew members are agents or employees of the CHARTERER and not the OWNER. The Captain shall in no way be an agent or employee of the OWNER, and the captain shall handle clearance and the normal running of Tiki barge, subject to the limitations of this charter Agreement. The Captain should receive orders from the CHARTERER as to the ports to call and general course of the voyage, but the Captain should at all times be responsible for the safe navigation and the CHARTERER should abide by the Captain's judgment as to sailing, weather, anchorage and pertinent matters. 


18. BAREBOAT CHARTER: This charter shall at all times be construed as a barebtoat charter and / or a demise charter, and pursuant thereto CHARTERER should keep the Tiki barge in good repair and will surrender the Tiki barge at the termination of the charter free and clear of all indebtedness, liens or other charges of any type whatsoever. It is the intention of the OWNER to completely and exclusively relinquish possession, command, control, management, and navigation of the Tiki barge herein described to the CHARTERER. CHARTERER assumes all responsibility for any injury, death, property damage, any Acts of God or other claim of any nature that may arise during the period of the charter or at any time when the vessel is in the custody and under the control of the CHARTERER.

19. COMPETENCY: CHARTERER certifies that he is either experienced and competent in the handling and operation of powered motor craft of the general type and size as the Tiki barge herein chartered, that he can make minor mechanical/electrical repairs, and that he also has a sufficient practical knowledge of seamanship, piloting and Rules of the Road (or he shall hire a Master Captain possessing such experience and competence.) CHARTERER agrees that he shall not transfer responsibility for the operation of the hereinbefore described Tiki barge to any person not equally qualified.OWNER reserves the right to verify CHARTERER'S competency at time of charter by subjecting CHARTERER to whatever tests are deemed appropriate by OWNER under the circumstances. Should CHARTERER be judged insufficiently competent by OWNER, OWNER shall have the right to require CHARTERER, AT CHARTERER'S expense, to hire personnel to assist CHARTERER in achieving competency. Should such personnel be unavailable, or CHARTERER refuses to hire such personnel, then it is considered that the CHARTERER is in default of this Agreement and CHARTERER shall surrender the Tiki barge immediately and shall have no recourse for any fees which have already been paid to the OWNER.

19. RADIO - TELEPHONE: It is agreed between the OWNER and CHARTERER that the radio - telephone on the Tiki barge will be used only by adult persons in accordance with Federal Communication Commission regulations.

20. CONSTRUCTION: The Agreement shall be interpreted and enforced in accordance with the laws of Connecticut. This Agreement shall be binding upon, and inure to the benefit of, the heirs, successors and assigns of the parties. In the event of litigation to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs thereof, including reasonable attorney's fees for trial and appellate representation. This Agreement contains the entire agreement between the parties regarding the transactions contemplated hereby and described herein and it supersedes, cancels and extinguishes all previous agreements, memoranda and understandings heretofore existing between the parties regarding such transactions. This Agreement may be amended only by written document signed by both parties.

Signature: August 10, 2022

Today's Date: August 10, 2022

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