Charter Agreement

plus,
(ii.) $200 per hour over the Duration;
(iii.) $75 per hour fuel surcharge after four nautical miles from and back to the departure point; and
(iv.) any additonal amounts agreed verbally or by email by Owner and Charterer.

Payments. The Charterer agrees to pay the Charter Fee and any other agreed charges prior to commencement of the Charter Period. The Charterer hereby authorizes and approves the payments associated with this agreement and hereby waives any right to any chargeback or payment claim against Owner or Captain.

Security Deposit. Charterer shall pay to Owner a security deposit (the “Security Deposit”) equal to $1,000 or other amount agreed in writing (including email) by Owner and Charterer. The Security Deposit shall be immediately refundable at the conclusion of the Charter Period provided no damages, fees, claims, tickets, or other expenses are incurred (or likely to be incurred) by Owner or Captain, as a result of any action or negligence by Charterer or Charterer’s guests. Owner shall be also entitled to deduct from Security Deposit any fuel or time surcharges not previously paid by Charterer.

Captain. The Owner shall provide a properly qualified Captain (the “Captain”) licensed with the U.S. Coast Guard.

Maximum Number of Persons. The Charterer shall not, at any time during the Charter Period, exceed the maximum number of six (6) persons (excluding Captain) onboard the Vessel. If children are taken onboard, the Charterer will be fully responsible for their safety and conduct. The nature of a Vessel charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By signing this agreement, the Charterer warrants the medical fitness of all members of the Charterer’s party for the charter contemplated by this agreement.

Cancellation. The Charterer may cancel the charter contemplated by this agreement and receive a refund in accordance with the terms below:

• All cancellation requests must be made by the Charterer in writing to the Owner’s valid email address, smoothoperator305miami@gmail.com
• Charterer may cancel the charter for any reason if a cancellation request is made prior to two days before the Charter Period. For cancellations made prior to two days before the Charter Period, Charterer shall receive a 100% refund (to the extent any payments have been made) of the Charter Fee and Security Deposit, if any.
• After and including the date that is two days prior to the Charter Period, cancellations are not permitted, and no refund is due.
• No refunds are due for any rescheduling due to bad weather.
• No refunds are due in the event Charterer requests to end Charter Period early or if Captain, in his sole discretion, deems it unsafe to continue the charter for any reason and decides to end Charter Period early.

Captain's Authority. The Charter Guest explicitly agrees that they and their guests shall obey the Captain at all times. Further, without prejudice to any other remedy of the Owner, if in the reasonable opinion of the Captain, the Charter Guest or any of their guests fail to observe all or any part of the provisions in this agreement, the Captain shall be entitled to end the Charter Period immediately. Upon such event the Charter Guest shall not be entitled to any refunds of the Charter Fee or Security Deposit.

Charter Guest's Liability. The Charter Guest shall be liable for costs or losses as incurred (or likely to be incurred) from damage caused by the Charter Guest or their guests (intentionally or otherwise) to the Vessel or any third party. The Charter Guest shall be responsible to the Owner of any loss, damage or injury caused by the willful or negligent acts of themself or their guests.

Assumption of Risk and Complete Release of Liability. The Charter Guest knows and fully understands that chartering any type of vessel, as well as all associated activities such as but not limited to swimming and snorkeling, are outdoor adventure activities in an aquatic environment with inherent risks and hazards where serious accidents, injuries, or death can occur. The Charter Guest fully understands that the Vessel has limited medical facilities and that in the event of illness or injury, appropriate care may be summoned and treatment will be delayed until the parties in need of care can be transported to a proper medical facility. By signing this agreement the Charter Guest, on behalf of themselves and their respective heirs, family, assignees, agents, estate, and affiliates, explicitly acknowledge and agree in advance to these conditions, accept and willingly assume all risks and hazards related to, arising out of, or associated with their participation in a charter on the Vessel, including all activities on and off the Vessel, and voluntarily agree to release, discharge, and hold harmless Owner and Captain, from any and all claims of liability. Charter Guest, on behalf of themselves and their heirs, family, assignees, estate, agents, and affiliates, furthermore agree to fully indemnify Owner and Captain for any claims made by Charter Guest’s guests, heirs, family, estate, assignees, or representatives.

Charter Guest's Obligations. The Charter Guest shall ensure that:

• No drugs, narcotics or weapons shall be used or brought on board the Vessel;
• The Charter Guest undertakes to comply with all seagoing rules and regulations currently in force and to obey the reasonable requests of the Captain;
• The Charter Guest and all members of his party shall take all reasonable care of the Vessel and its equipment; and
• If the Charter Guest or any of their Guests shall commit any offence contrary to the laws and regulations of any jurisdiction which results in the Vessel being detained, arrested, seized or fined the Charter Guest shall indemnify the Owner against all loss, damage and expense incurred by the Owner as a result.

Arbitration. Any dispute in connection with the interpretation and fulfillment of this agreement shall be decided by arbitration or a court of competent jurisdiction at the Owner’s option. In the case of Arbitration, Owner shall have the right to appoint a third-party arbitrator (whose appointment shall not be unreasonably objected), whose decision will be final and binding. All reasonable costs of arbitration, enforcement of this agreement, courts, attorneys, etc. shall be borne by the non-prevailing party. The agreement shall be governed by and constructed in accordance with the laws of the State of Florida.

Execution. This agreement may be executed delivered by written or electronic means, including email, photo text, online form, scan, text, and/or physical copy. This agreement shall be fully enforceable when executed by any such means.