Waiver and Release

Waiver and Release

  • The "Vessel" shall be be defined as any motor yacht or vessel chartered or rented from BOATADVENTUREMIAMI.COM

    The "Owner" shall be defined as the legally registered owner of the vessel.

    The "Charter Guest", including any guests or party members thereof, shall be defined as:

  • 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.

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