Charter Agreement
Agreement
In consideration of any charter reservation, Sailing on Biscayne Bay LLC, agrees to reserve the vessel QUITASUEÑO and to contract captain and crew.
Fees and Rescheduling
Requests to reschedule withing 24 hours. The character is responsible for full payment.
Cancellation
In the event of a cancellation by the Captain of the vessel due to severe weather, environmental conditions, unforeseen prohibitive events, or mechanical failure, the sail will be rescheduled to a mutually agreeable date at no additional charge. Severe weather is determined solely by the Captain of the vessel.
In the event of cancellation by the charterer within 48 hours of the trip, there is no refund. if cancellation is done between 48 hours and seven days there will be 50% refund. If cancellation is done with at least seven days in advance from the day of the trip, reschedule can be arranged, if not possible 100% refund. Charges for food are not refundable. Cancellations mean we lose out on other charter guests that we turned down because of your booking.
Substance Abuse
The use of illegal substances is strictly forbidden on board the vessel. This includes underage use of alcohol or cigarettes. Non-compliance of this rule will result in the termination of the sail and no refund will be given.
Swimming:
Swimming is at your own risk. Please tell us in advance of your sail if you think you may want to swim. The captain reserves the right to not allow swimming based on conditions and the situation, and swimming is only permitted during full daylight hours. Should you decide to go swimming, you acknowledge that you assume all risks. Any adult that gives a minor in his/her care permission to swim is solely responsible for the safety of said minor. At least one adult guest per child in the water must be present. Strict adherence to the captain’s guidelines must be followed or your sail may be ended early with no refund. We don’t mess around when it comes to safety. We suggest that if you plan to swim that you reserve a minimum of 3 hours.
Risks
Charterer understands and accepts that there is an inherent risk of personal injury or accident,”Risks”, which may occur at marinas and aboard sailboats. Therefore, Charterer agrees to release and hold harmless Sailing on Biscayne Bay LLC, its members, crew and agents from all liability and responsibility for personal injury, property damage or wrongful death however caused, including, but not limited to, product defect or the negligence of the released parties.
Charterer has discussed the Risks with their invitees, and all invitees have agreed to release and hold harmless Sailing on Biscayne Bay LLC, its members, crew and agents in the same manner Charterer has in the above paragraphs. The foregoing notwithstanding, Charterer agrees to indemnify and hold harmless Sailing on Biscayne Bay LLC, its owners, crew, and agents from any claims brought by Charterer’s invitees.
If it is necessary to obtain medical treatment for the Charterer or its invitees, regardless of cause, such expenses shall be paid by the Charterer. Authority is granted without limitation to Sailing on Biscayne Bay LLC
Disputes shall be governed by Federal Maritime law. In any action against Sailing on Biscayne Bay LLC, and its members, agents, partners, employees, or servants which results in a decision/judgment/decree/order/ stipulation or settlement substantially upholding Sailing on Biscayne Bay LLC, the adversary party shall reimburse Sailing on Biscayne Bay LLC attorney’s fees, court costs and expenses.
Photography Release
Photos of our guests are captured by our official photographer and given to the guests or posted on Facebook. I hereby grant Sailing on Biscayne Bay and Mabel M Nino and his or her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of me, or in which I may be included, for editorial trade, advertising, and any other purpose and in any manner and medium; and to alter the same without restriction. I hereby release photographer and his or her legal representatives and assigns from all claims and liability relating to said photographs.
Safety equipment on board
__ Life jackets, __ Fire extinguishers, __ Flares, __ Man overboard equipment
Agreement
I have read and agree to above and sign this of my own free will and desire. It is my intention that paying for and showing up to the charter is legally binding signature.