THIS AGREEMENT is made the date entered below between Pearce Media Group LLC d/b/a 30A Boat Valet (“Operator”) and the Charterer named and signing below WITNESSETH: WHEREAS, Operator owns or is authorized sub lessor or operator of the vessel (the “Boat”); WHEREAS, Charterer desires to charter the Boat from Operator, and Operator is willing to make the Boat available to Charterer for such purpose, subject to the terms and conditions contained herein; NOW THEREFORE, in consideration of the premises, the mutual covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: TERM, HIRE AND PAYMENT: Operator agrees to let, and Charterer agrees to hire, the Boat on the date and from and to the time entered below for the total sum entered below which shall be paid in full upon signing this agreement and NO REFUNDS TO BE PERMITTED UNDER ANY CIRCUMSTANCES. DEMISE CHARTER: (Use for Foreign built Vessel or ANY VESSEL IF MORE THAN SIX CHARTER GUESTS) This charter shall at all times be construed as a DEMISE CHARTER. The Charterer assumes all responsibility for any injury, death or property damage. This includes, but is not limited to accidents involving Charterer or any of Charterers guests, or any other person onboard vessel or swimming, snorkeling or diving from vessel or onboard vessel's tender, or any other claim of any nature that may arise during the period of the charter or at any time that the vessel is in the custody or under the control of the Charterer. Charterer further agrees to indemnify the Owner and/or Agent and/or Operator against any claims that may arise as aforementioned. ACCIDENT: If the Boat after delivery sustains breakdown of machinery or is disabled or damaged by fire, grounding, collision or other causes so as to prevent Charterer's use of the Boat for a period not less than twenty-four (24) consecutive hours at any time, the same not being brought about by any act or default of the Charterer, the Operator shall make a pro rata return of the charter hire to Charterer of such period in excess of such twenty-four (24) hours the Boat shall be disabled or unfit for use. Provided, however, that in case the Boat is lost or the damage is so extensive that the Boat cannot be or is not repaired within twenty-four (24) hours, the same not being brought about by any acts or defaults of Charterer, then charter hire shall be abated pro rata at $300.00 per day and charter money paid in advance shall be rebated pro rata from the time of such damage, and Charterer shall have the right to terminate this charter. RUNNING EXPENSES: Charterer shall accept the Boat delivered as herein before provided and pay all running expenses during the term of the charter. INSURANCE: Owner shall keep the Boat fully insured for the full term of the charter period. Owner's insurance policy, however, does not cover Charterer's protection and indemnity during the term of the charter, and Charterer is responsible for obtaining such coverage. Owner and charterer agree that a security deposit in cash will suffice. Charterer shall not violate the terms of the Owner's insurance policy, including, without limitation, the navigational limits it imposes. LIENS AND TAXES: Charterer, and Charter's agents and employees, have no right or power to permit or suffer the creation of any maritime liens against the Boat, except for crew's wages and salvage. Charterer agrees to indemnify Owner and/or Agents and/or Operators for any chargers of losses in connection therewith, including reasonable attorney's fees. Any and all sales or use taxes imposed on this charter are the responsibility of Charterer, and Charterer shall indemnify and hold harmless Owner and/or Agents and/or Operator and any charter broker against and from any liability for such taxes, including associated penalties and interest. DRUGS: Use or possession of illegal drugs, including marijuana, on board the Boat shall result in immediate termination of the charter with forfeiture of all charter hire paid. REDELIVERY AND INDEMNIFICATION: Charterer shall redeliver the Boat, her equipment, and furnishings, free and clear of any indebtedness incurred for Charterer's account, at the expiration of this Charter, to Owner in as good condition as when delivery was taken, ordinary wear and tear accepted. If the Boat is not redelivered within the charter period or any proper extension thereof for reasons attributable solely to Charterer, then for each completed period of one (1) hour of delay, or fraction thereof, in redelivery as aforesaid, Charterer shall pay to Operator a sum equal to the charter hire divided by the number of hours comprised in the charter period, subject to Operator's right to recover further additional loss or damages, if any, thereby sustained. Charterer shall indemnify and hold harmless Owner and/or Agent and/or Operator against and from any and all liability to third parties for loss or damage attributable to Charterer's acts or omissions. RESTRICTED USE: Charterer agrees that the Boat shall be employed exclusively as a pleasure vessel for the sole and proper use of Charterer, and Charterer's guests and servants, during the term of this charter and shall not transport merchandise or carry passengers for pay, or engage in any trade nor in any way violate the Revenue laws of the United States, or any other Government within the jurisdiction of which the Boat may be at any time, and shall comply with the law in all respects. NON-ASSIGNMENT: Charterer agrees not to assign this Agreement or sub-charter the Boat without consent of Owner in writing. CONTROL: The Boat is chartered on a demise basis. Accordingly, during the charter term, Charterer shall have full authority regarding the operation and management of the Boat and is solely responsible for retaining a master and crew. Charterer, however, shall not allow anyone to operate the Boat unless properly trained and experienced in coastwise piloting and deep-sea navigation of vessels similar in type and size to the Boat, having the Owner final approval. DEFAULTS: If Charterer fails to pay any installment of charter money on the date designated, Owner and/or Agent and/or Operator shall have the right to resume possession of the Boat and terminate this charter, without prejudice to Owner's and/or Agent and/or Operator’s rights in respect to any arrears of charter hire, or any breach by the Charterer of the conditions herein contained. GUEST LIMITATIONS: The number of persons, other than the master and crew, cruising on board the Boat shall be limited to Charterer (or Charterer's representative, if Charterer is a corporation) and nine guests/passengers, for a total of 11. SURVEY: Charterer, at charterer's sole expense, may have the Boat surveyed upon its delivery to Charterer at the beginning of the charter period, and again upon its re-delivery to Owner and/or Agent and/or Operator at the conclusion of the charter period, to assess its condition for purposes of this Agreement. CANCELLATION: Cancellation by charterer for any reason must be received seventy-two (72) Hours prior to the scheduled departure date Owner and/or Agent and/or Operator may assess a one hundred percent (100%) percent of the charter hire agreed liquidated damages. However, that if Owner and/or Agent and/or Operator is able to rebook the boat for all or part of the charter period, Owner and/or Agent and/or Operator shall refund to Charterer any amount by which the sums received from Charterer (less a cancellation fee equal to 50% of the total charter hire and all expenses incurred in arranging the rebooking) and the charter hire received from the substitute charterer for the rebooked dates exceed, in aggregate, the charter hire payable hereunder. If the Owner and/or Agent and/or Operator must cancel, monies paid shall be refunded in full by the Owner and/or Agent and/or Operator to the Charterer.
ADDITIONAL CONDITIONS: Maximum of persons regularly eating and riding aboard are dictated by the number of seats available and maximum of 11 (master and crew inclusive) persons on board while cruising at any time. All food, fuel, and stores are provided by the charterer. Operator may provide them and include them in the charter price. Charterer and their passengers agree and acknowledge that any and all photos/video/media created during charter can and will be used by 30A Boat Valet and its agents for marketing, advertising, and branding purposes. No smoking inside or outside of the Boat. There are no pets allowed on board the vessel. The crew aboard is there to maximize your enjoyment and in order to do so cannot be expected at any time to be responsible for children. Children under the age of 13 are not permitted onboard without the direct supervision of a nanny or adult charter guest at all times. A crew gratuity of 20% - 30% of the base charter rate is customary, but given at the sole discretion of the Charterer. On multi days charter a minimum of 15% will be added to the invoice unless otherwise specified by charterer in advance. Please consult with your Charter Professional for guidelines. Unlimited Personal Release Agreement Grant: For consideration which I acknowledge, I irrevocably grant to Pearce Media Group LLC d/b/a 30A Boat Valet (known as “Company”) and Company’s assigns, licensees, and successors the right to use my image and name in all forms and media including composite or modified representations for all purposes, including advertising, trade, or any commercial purpose throughout the world and in perpetuity. I waive the right to inspect or approve versions of my image used for publication or the written copy that may be used in connection with the images. Release: I release Company and Company’s assigns, licensees, and successors from any claims that may arise regarding the use of my image, including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright. Company is permitted, although not obligated, to include my name as a credit in connection with the image. Company is not obligated to utilize any of the rights granted in this Agreement. I have read and understood this agreement and I am over the age of 18. This Agreement expresses the complete understanding of the parties. The parties acknowledge that this is a contract and may be transmitted between them by facsimile machine or electronically or digitally (via e-mail or completed and signed online via website) and the parties intend that a faxed or electronic or digital contract containing either the original and/or copies of the parties' signature shall constitute a binding contract. Rendezvous diving only. Use of personal watercraft (if available) is only permitted subject to operator having the appropriate license and meeting local regulations. Charterer and its guests agree to waive and release owner and its agents from any and all claims for injury or damage resulting from the use of personal watercraft rented or obtained from a 3rd. party vendor. ARBITRATION: Any controversy or claim arising out of or relating to this Agreement, or with the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, such arbitration to be held in the City and State of Owner's and/or Agent and/or Operator’s residence. Judgment upon any award reached by the arbitrator(s) may be entered in any court of said State having jurisdiction thereof. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement among the parties, and it supersedes any prior agreement or understanding among them, oral and written, all of which are hereby cancelled. This Agreement may not be modified or amended other than by a written document signed by both parties. AMENDMENTS: Except as otherwise provided herein, the provisions hereof may be amended, supplemented, waived or changed, only by a writing that makes specific reference to this Agreement and is signed by the party as to whom enforcement of any amendment, supplement, waiver or modification agreement is sought. ATTORNEYS' FEES: In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover all of its costs incurred in such action, including reasonable attorneys' fees. BINDING EFFECT: All of the terms and provisions of this Agreement, whether expressed or not, shall be binding upon, inure to the benefit of, and are enforceable by the parties and their representatives, heirs, and permitted assigns. Any rights given or duties imposed upon the estate of a deceased party shall inure to the benefit of and be binding upon the fiduciary of such decedent's estate in his fiduciary capacity. VENUE: The venue of any action arising from this Agreement shall lie exclusively in the Circuit Court in the City and State of Owner's and/or Agent and/or Operator’s residence and both parties shall submit to the jurisdiction of such court. SUPPLEMENTAL CLAUSES/CONDITIONS: Charter hire is subject to state sales tax. Charter hire is responsible for any and all fuel consumed. This includes all fuel used from time the boat leaves her home dock until the time of her return to the home dock. Calculations of fuel consumed (expected) can be supplied by the captain at charter's end. IN WITNESS WHEREOF, parties hereto have hereunto set their hands and seals the day and year first below written. CREDIT CARD AUTHORIZATION FORM Charterer or/and guests authorize owner and/or Agent and/or Operator to charge the credit card pictured below for the total amount due for the Boat Rental plus any applicable fees and or damages. PERSONAL WATERCRAFT RENTAL and BOAT CHARTER OPERATIONS RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. EXPRESS ASSUMPTION OF RISK ASSOCIATED WITH USE OF PERSONAL WATERCRAFT and RELATED ACTIVITIES 1. I, the charterer and guests and whoever signs this agreement do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with motorized (e.g. Vessel) or non-motorized (e.g. tubes, wakeboards) and related water sport activities to which I am about to engage, including but not limited: A. ACKNOWLEDGEMENT OF RISK: Acknowledge that some but not all risks of participating in water sport activity includes: 1. Changing water flow, tides, currents, wave action and ship's wakes. 2. Collision with any of the following: other participants, the watercraft, other watercraft and man-made or natural objects, shuttle boats. 3. Wind shear, inclement weather, lighting, variance and extremes of wind, weather and temperature. 4. Changes in my sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions. 5. Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to elements, hypothermia and/or drowning, impact of the body upon water, injection of water into my body orifices and/or drowning. 6. Presence of insects and marine life form. 7. Equipment failure or operator error. 8. Heat or sun related injuries, illness including sunburn, sunstroke or dehydration. 9. Fatigue, chill and/or dizziness that may diminish my/our reaction time and increase the risk of accident. B. I specifically acknowledge that I have read, understand and agree to abide by the Personal Watercraft Operational instructions at all times and that I have been trained in the use of watersport equipment in the past and to my complete satisfaction and I am physically/mentally able to participate in the water sport activities to which I am about to engage. I specifically waive any defense insofar as this contract is concerned that may arise as a result of any state or local law and/ or regulation or policy that may impact it enforceability. Release of Liability, Waiver of Claims and Indemnity Agreement In considerations of being allowed to participate in the above-described activities, as well as the use of any of the facilities and the use of the equipment of the listed releases, I hereby agree as follows: 1. To waive and release any and all claims based upon negligence, active or passive, with the exception of international, wanton or willful misconduct that I may have in the future against all of the following named persons, entities, owners or agents herein referred to as releases. 2. To release the releases, their officers, directors, employees, representatives, agents and volunteers and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above whether caused by active or passive negligence of the releases or otherwise, with the exception of gross negligence. By executing this document, I agree to hold the releases harmless and indemnify them in conjunction with any injury or loss of life that may occur as a result of engaging in the above activities. 3. By entering into this agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement. CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND
LIABILITY WAIVER AND RELEASE AGREEMENT
IN CONSIDERATION of being permitted to participate in the charter provided by [Pearce Media Group, LLC DBA 30A Boat Valet]for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns:
ACKNOWLEDGEMENT OF RISKS
I fully acknowledge that some, but not all of the risks of participating in the charter in which I am about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing. sinking or other hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of insects and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks when wet; (9) [specific activities to be listed that are not mentioned above].
I specifically acknowledge I have been given instructions/training in the safe use of the type of equipment used during this charter to my complete satisfaction, and I am physically/mentally able to participate in the charter which I am about to engage.
CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY
I fully agree to assume all responsibility for all the risks of the charter to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAME BELOW) My/Our participation in the charter is completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily Injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.
I HEREBY RELEASE [Pearce Media Group, LLC DBA 30A Boat Valet], THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS. THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).
I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND IDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).
I hereby declare that I am of legal age and am competent to sign this agreement or, if not that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this agreement I have read this agreement, understanding it, and I agree to be bound by it.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
(Hereinafter referred to as the “Release Agreement”)
Notice – By signing this document you may be waiving certain legal rights, including the right to sue. Release and Waiver of Claims: Assumption of the Risk Indemnification Agreement
PLEASE READ CAREFULLY
In consideration of being allowed to use the facilities, Vessel(s) and participate in the activities provided by 30A Boat Valet who will form this point be referred to as the “Host”. The Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree to the fullest extent permitted by law, as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I and or anyone claiming on my behalf have or may have against the Host and to release the Host and/or their respective owners, related and affiliated entities, parents, operators, employees, agents, officers and the Hosts Insurance company and their agents, from any and all liability for any loss, damage, injury or death, that I may suffer or that my next of kin may suffer, as a result of my participation in the activities provided by the Host; 2. TO ASSUME ALL RISKS of participating in the activities and using the equipment, even those caused by the negligent acts or conduct of the Host and/or their respective owners, related and affiliated entities, parents, operators, employees, agents, officers and the Hosts Insurance company and their agents. The Participant and their Parent(s) or legal guardians(s) understand that there are inherent risks of participating in the activities and using the equipment, which may be both foreseen and unforeseen and includes serious physical injury and death. These inherent risks include, but are not limited to, operator, captain, and/or crew error, changing weather conditions, and equipment failure; 3. TO RELEASE the Host and/or their respective owners, related and affiliated entities, parents, operators, employees, agents, officers and the Hosts Insurance company and their agents, from all liability for any loss, damage, injury, death, or expense that the Participant (or their next of kin) may suffer, arising out of the participant’s participation in the activities and use of the equipment. The participant and their parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host and/or their respective owners, related and affiliated entities, parents, operators, employees, agents and or officers to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and 4. TO INDEMNIFY the Host and/or their respective owners, related and affiliated entities, , parents, operators, employees, agents, officers and the Hosts Insurance company and their agents, from all liability for any loss, damage, injury, death or expense that the Participant (or their next of kin) may suffer, arising out of participation in activities and or use of the equipment.
Photography/Video
Participant hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant’s participation in the activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
Personal Responsibility
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/ her from participating in the Activities and that he/she is not participating against medical advice. The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment, facilities, and vessels before any participation. The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/ her surroundings. If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host. To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. I agree that any claim I have resulting from any events occurring in the (Name of country) shall be governed by and constructed with the Laws of (Name of the country) and I irrevocably agree to the courts of the (Name of country) as the exclusive venue for any such proceedings whatsoever.
pg. 2 I HAVE READ AND UNDERSTAND THIS’ AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE HOST.
In Water Activities
In addition to the above I may participate in an in water activity including but not restricted to Snorlkeling, Swimming, Kayaking. This does not include use of motorised craft or oxygen tanks. A Bouyancy aid must be worn at all times. Term and conditions as per Page 1 of the waiver apply at all times. I HAVE READ AND UNDERSTAND THIS’ AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE HOST.
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