Yachta Fun Charters

Policies, Rules & Regulations, Passenger Waiver Agreement

Download document here. This document needs to be read and signed by all passengers before boarding. To expedite the boardinf of your charter, please return by fax or email before your charter date.

Fax: (512) 519-1228 Email: yachtafuncharters@gmail.com

POLICY AGREEMENT

1. Payment Policy: A credit / debit card must be used for booking and kept on file in case of damages or in the event of policy, rule or regulation violations.

2. Charter prices DO NOT include a tip for the Captain or Crew. Tips are not a requirement however; 15%-20% is customary. Please do your best to collect a tip for the captain and crew during your charter.

3. Cancellation Policy: If it is raining at the marina or inclement weather is deemed hazardous by your captain within 30 minutes of your scheduled charter start time, the charter may be delayed or can be rescheduled within 12 months of the current date. If it starts raining during the party, the party will continue unless the weather is deemed too severe by the operating captain or owner of Yachta Fun Charters, or the Lessee decides to end the party early due to weather, at which point a pro-rated refund will be issued. Any party that ends early for any other reason will not receive a refund. The request to cancel or reschedule by the Lessee must be made at least 5 business days prior to the charter date. An offer to reschedule within 12 months will be available and 25% of the charter cost will be applied. The cancellation fee shall be equal to 25% of the charter cost if requested at least 5 days in advance. Cancellation costs will increase at a rate of 5% for each day within the 5-day requirement but will not exceed 50% of the overall charter cost.

4. Policy Violations: If any policy violations are observed on parking lot or marina premises or on board the party boat, fines may be assessed, or party may be terminated at the sole discretion of the captain, owner of Yachta Fun Charters or Yachta Fun Charter’s Management with no refund.

5. In consideration of the agreement herein, Yachta Fun Charters (hereinafter referred to as the LESSOR) agrees to serve as guide to the undersigned (hereinafter referred to as the LESSEE) and his party on a charter for the time specified above. If the lessee or members of the lessee’s party cause the vessel to return to the marina later than scheduled for any reason, the lessee agrees to pay twice the hourly rate as appropriate.

6. The lessee certifies that he/she will comply with all safety rules and regulations as posted and conveyed by lessor and/or crew, and further certifies that he/she has read and understands said rules and regulations.

7. Lessee hereby agrees that the rules and regulations set forth therein are applicable from the time lessee’s group/charter enters the marina parking lot, during their charter event and until the time they exit the parking lot after the charter.

8. Lessee agrees to take complete responsibility for the actions, behavior, safety, and wellbeing of his/her guests. Lessee also agrees and understand that there will not be a lifeguard on duty during the charter. Lessee understands that is his/her responsibility to ensure that all guests are aware and understand the rules and regulations specified in this contract, on board, and by lessor / captain & crew.

9. In the event that there is not another charter scheduled after the lessee’s time slot, and the lessor determines it is possible, the lessee may elect to increase the length of his/her charter by the hourly rate specified by the captain and approved by Yachta Fun Charter’s Management.

10. I, the lessee, authorize the lessor to charge my account for any damages or loss of equipment, including but not limited to any items provided by the lessor and staff throughout the duration of my charter, including immediately before and after.

11. The lessee acknowledges he/she has carefully examined the craft and finds it suitable for the purpose for which it is leased, and/or other accessory equipment is in suitable and acceptable condition: that he/she will maintain both craft and equipment in a safe, dependable condition while he/she has custody.

12. Lessee acknowledges that it is his/her responsibility for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY LESSEE that the lessor shall not be held liable for damages, inconvenience or time lost caused by accident. Lessor further agrees to indemnify and hold harmless the lessor and its agents, affiliates and personnel from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. Lessee further agrees to hold the lessor harmless should loss or damages occur to any lessee’s (or guests’) personal property while carried in, or on, the rental craft, including loss or damage by fire, water, theft, or any other causes whatsoever. Lessee understands and acknowledges he/she is solely responsible for the welfare and wellbeing of his/her guests and that swimming/diving, etc. are at their own risk.

13. Lessee expressly agrees to indemnify and hold lessor and its agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forgoing rental contract by lessor, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by lessor, to recover possession of said rental property and/or to enforce any terms, conditions and/or provisions hereof. It is understood and agreed that venue and any action hereunder shall be in the county of lessor.

14. The rules and regulations contained herein and as posted on the vessel or elsewhere are for the safety and welfare of all who use the facilities. The lessee certifies that he/she has read and understands said rules and regulations and further assumes the responsibility that his/her family and or guests will obey the rules.

15. Lessee acknowledges that any policy violations observed in the parking lot, on marina premises, on board the party boat, or anywhere on the lake or lake shore, may result in fines being assessed or the party being terminated at the sole discretion of the captain or owner of Yachta Fun Charters with no refund. Violations with such penalties include but are not limited to the following:

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RULES & REGULATIONS

RULES & REGULATIONS

1. Fighting, verbal abuse, deliberate disrespect, threats, or physical acts of intimidation towards captain, crew, guests, employees or tenants of Yachta Fun Charters, regardless of whether violation occurs in the parking lot, on marina premises, on the boat, in the lake or on the shore:

$500 fine and law enforcement will be called

2. Explicit language on marina or parking lot premises, regardless to whom it is directed:

$200 fine and termination of party

3. Individual jumps off the boat before it is parked and chains are lowered at the swimming location or dock:

$500 fine per occurrence and termination of party

4. Urinating any place other than the toilet or deliberately trashing the bathroom:

$200 fee and early return to clean up before next party arrives

5. USE ONLY SPECIAL MARINE GRADE TOILET PAPER SUPPLIED IN THE BATHROOM

FEMININE PRODUCTS, FACIAL TISSUES AND OTHER PAPER PRODUCTS ARE TO

BE PLACED IN THE WASTE CAN PROVIDED

$400 fee for clogs or damage caused by the violation of this rule

6. Disobeying rules discussed in safety orientation or disregarding orders/requests of the captain and crew at any point before, during, or after the charter:

$200 fine and termination of party

7. Damage to furniture/equipment aboard the boat:

$100 plus cost of repair/replacement

8. Any individual or group vomits, passes out, their safety is in question, or the captain/crew deems them too intoxicated to remain on board safely:

Charter ends early with no refund

9. And could result in the Paramedics being called, fines to be incurred by Lessee. Excessive mess is made on the boat that will require extra time to clean up before the next party:

$200 cleanup fee and early return to clean up before next party arrives

10. Any individual or group deliberately makes a mess that captain and crew will have to clean up, including but not limited to throwing trash, littering in the lake, trashing the bathroom, throwing food, spilling drinks, knocking over speakers, breaking chairs, etc.

$200 fine and termination of party

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PASSENGER WAIVER AGREEMENT

PASSENGER WAIVER AGREEMENT

I. WAIVER AND RELEASE OF LIABILITY AGREEMENT DISCLAIMER

This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by Yachta Fun Charters* (For purposes of this Waiver and Release, the term “Yachta Fun Charters” includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Yachta Fun Charters). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that is inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Yachta Fun Charters all potential operators, passengers, and users of said rental equipment. Renter further agrees that if he/she fails to notify Yachta Fun Charters of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of Yachta Fun Charters.

II. ACKNOWLEDGEMENT OF RISKS

The undersigned hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action and ships’ wakes; 2) Collisions with any of the following: other participants, the boat’s, other boats, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, expose to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature, 9) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.

III. EXPRESS ASSUMPTION OF RISK

The undersign herby agrees that he/she is renting, operating or using the equipment provided by Yachta Fun Charters at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fracture or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Yachta Fun Charters.

IV. WAIVER / RELEASE OF LIABILITY

By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Yachta Fun Charters from any and all liability of any nature for any and all injury or damage arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Yachta Fun Charters, regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages, which may occur, and further agrees that Yachta Fun Charters shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Yachta Fun Charters shall not be responsible for such injuries, damages, loss or theft.

EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY YACHTA FUN CHARTERS, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Yachta Fun Charters.

V. LIABILITY TO THIRD PARTIES

The undersigned hereby agrees that he/she will indemnify and hold harmless Yachta Fun Charters for all personal injuries, property damages, or any other damages to any and all third parties, including but not limited to, operators and passengers of other boat’s and minor children under the undersigned’s custody, care, and control as a result of any and all activities related to the rental, operation, or use of equipment provided by Yachta Fun Charters, even if such damages arise out of the negligence or fault of Yachta Fun Charters.

VI. ACKNOWLEDGEMENT OF WAIVER AND RELEASE

The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Yachta Fun Charters with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Yachta Fun Charters for Yachta Fun Charter’s negligence.

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