Stranger Danger Luxary Party Boat on Lewisville

TERMS AND CONDITIONS:RAIN POLICY -  We will try to work with a reschedule if possible within reason Please understand this boat is usually booked out 3 to 4 weeks in advance on the weekends, For all bookings - if weather becomes an issue and you want to cancel day of there will be the service fee from GMB and a 20% cancellation charge. There is alot of work that goes into prepping this boat for any charter and my weekday staff still requires payment. Weather can be fickle. If you're in a tropical climate there can be rain and then sunshine on and off throughout a single day.  Cancelations due to weather happen. It's part of the industry and the risk in booking an experience that involves the outdoors. As with other cancellations, weather cancellations are subject to the owner's cancelation policy. Most owners will offer a full refund or a rescheduled date. However, owners are entitled to request payment if it's determined that the conditions are still safe to go out on the water.  GetMyBoat understands some trips are booked with the expectation of sunshine. But if the sea conditions are safe where a charter or rental can still occur, canceling due to unsatisfactory weather does not necessarily mean a refund is warranted.  Most owners will be flexible or understanding regarding weather cancellations. However, unless the Coast Guard issues an advisory or prohibits watercraft from going out on the water, any refund request for a weather cancellation will still need to be approved or authorized by the owner before GetMyBoat will issue a refund.  Included/Excluded: (Unless otherwise noted under Additional Conditions): the charter fee includes the services of a Captain and Crew, fuel, and all expenses related to running of the vessel and use of on-board sports equipment. Charter fee does not include diving, scuba equipment, premium beverages and fine wines, excessive alcoholic consumption, off yacht excursions, dockage, cruising taxes and permits, telephone, airport transfers and crew gratuities, or similar expense incurred by the CHARTERER. ADDITIONAL CONDITIONS: 1. PAYMENTS: It is understood that charter fees will be disbursed to the OWNER in the following manner: full payment of the charter fee plus delivery fees and other additional expenses as applicable will be paid upon booking. It is further understood that the OWNER considers 35% of the charter fee as a deposit and are non-refundable. Should the CHARTERER cancel 14 days before the charter term begins, deposits will only be refunded under the following conditions: Deposit (35% of charter fee + additional fees): $595 of the total charter if the yacht is rebooked for the same period or portion thereof. If rebooking is not possible, no refund of the charter will be made. If the CHARTERER cancels less than 14 prior to the charter no refund of the deposit amount will be made. If the OWNER cancels, the OWNER shall reimburse the CHARTERER for all fees paid as of that date. 2. DEFAULTS IN PAYMENT: Should any installment of charter fees not be paid on the date designated; the CHARTERER will be advised and will have 7 days to pay balances due. If the default continues thereafter, the OWNER shall have the right to cancel this Agreement without prejudice to his rights in respect of any arrears of charter money, or of any breach by the CHARTERER of the conditions contained herein. 3. PORT OF BOARDING: Port of Boarding will be any public dock located on Lake Lewisville. Private docks and marinas are off limits for boarding charter vessels Many public docks require separate entry fees that are the responsibility of the CHARTERER and his party. 4. DELIVERY: The OWNER agrees to deliver the yacht at the Port of Boarding in full commission and in proper working order, having a licensed Captain, a minimum of one staff member, having all licenses required for any jurisdiction within the area of charter, outfitted as a yacht of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and utensils, blankets, linens, and towels; in staunch, clean and good condition throughout and ready for service; and, further agrees to allow demurrage pro rata to the CHARTERER for any delay in delivery, unless caused by Force Majeure. Should it be impossible for the OWNER to make delivery within 2 hours after the start of the charter period (for any reason other than Force Majeure), the CHARTERER may cancel this Agreement. Any charter fees paid in advance shall be returned in full to the CHARTERER at the CHARTERER’S option without further liability to the OWNER, shall be refunded pro rata by agreement. 5. FORCE MAJEURE: Force Majeure is defined as any cause attributed to acts of GOD, accidents, natural disaster, weather, or other occurrences beyond the reasonable control of the OWNER, and not caused by the OWNERS negligence. No warranty is made as to the suitability of weather with respect to this charter. If a Named Storm threatens or is forecast to threaten the expected location of the charter yacht, as determined by the Captain in his/her sole discretion, the Captain shall have the option of terminating or canceling the charter any time that he/she deems necessary. No refund is provided for cancellation due to weather. 6. AUTHORITY: The OWNER warrants that the Captain meets all requirements necessary to legally command the yacht in the area chartered. While it is agreed the CHARTERER may determine the general movements and destination of the yacht within the boundaries of this Agreement, it is understood that the Captain is in full command, and that the CHARTERER agrees to abide by his judgment as to clearance, safety, weather conditions, anchorages and other pertinent matters. The Captain makes all calls as to porting, tie ups, anchoring locations, designated swim areas, and charter violations resulting in returning to port prior to contract time. 7. LIENS: The CHARTERER, his agents, and/or employees, have no right or power to permit or suffer the creation of any Maritime Liens against the yacht. The CHARTERER agrees to indemnify the OWNER for any charges or losses incurred as a result of a breach of this paragraph, including reasonable attorney’s fees. 8. NON-ASSIGNMENT: The CHARTERER agrees not to assign this Agreement or sub-charter the yacht without the OWNER’S consent in writing. 9. RESTRICTED USE: The CHARTERER agrees that the yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, 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 Laws of any Government within the jurisdiction of which the yacht may be at any time, and shall comply with the law in all other respects. 10. NAVIGATION LIMITS: The CHARTERER agrees to restrict the cruising of the yacht to the are specified on the 1st page of this agreement, cruising area. 11. INSURANCE: The OWNER agrees to keep the yacht fully insured against fire, marine and collision risks and with protection and indemnity coverage for the full term of the charter period. The CHARTERER shall not be liable for any such loss or damage covered by such insurance. Failure by the OWNER to provide such insurance will burden him with the same responsibility as if the yacht were so insured. The CHARTERER may purchase additional Charter liability insurance at his /her expense. The OWNER shall not be held responsible for loss or damage to personal property or for any injury suffered by the CHARTERER, or any member of his party, during the term of this charter, regardless of whether any such loss or injury occurs on board the yacht or elsewhere, unless such loss, damage or injury is the direct and proximate result of OWNERS sole negligence. More specifically, but without limiting the foregoing, the OWNER and his insurance underwriters accept no responsibility or liability for accidents, injuries or death related to the yacht’s deck equipment, cabin equipment, cabin furniture, swimming and/or the use of snorkels, masks or allied equipment (such as scuba equipment), water skiing, windsurfing, personal watercraft, spinnaker flying, halyard flying, or other sports equipment, whether or not supplied by the OWNER or CHARTERER. 12: ACCIDENTS: The OWNER agrees that should the yacht, after delivery, sustain breakdown of machinery, or be disabled, or damaged by fire, grounding, collision or other cause so as to prevent its use by the CHARTERER for a period of twenty-four (24) consecutive hours or more, or should the yacht be lost or said damage(s) be so extensive that the yacht cannot be, or is not repaired within twenty-four (24) hours, none of the above being brought about by any act or default of the CHARTERER, the CHARTERER shall have the right to terminate the charter. The OWNER shall make a pro rata return of all charter fees to the CHARTERER from the time of such loss or damage. 13. DRUGS AND OTHER ILLEGAL ACTIVITIES: The use, transportation, or possession of illegal drugs or narcotics (INCLUDING MARIJUANA) or of any other contraband, or the participation in any other unlawful activity is strictly prohibited. The participation in any of these activities by CHARTERER, or by any guest of the party constitutes a breach of the charter and shall be cause for immediate termination of this Agreement without refund of any payments made by CHARTERER. CHARTERER will be held responsible for any loss or damage to the yacht due to any such violations and will be put ashore at the next port of call. 13A. ALCOHOL COMSUMPTION: Alcohol may only be consumed in accordance with Texas State Law. Anyone consuming alcohol does so at their own risk. It is understood that any injuries, damage, or fatalities resulting from the consumption of alcohol lay solely on those consuming alcohol. The CHARTER does not provide or encourage the consumption of alcoholic beverages during the charter.  Excessive consumption resulting in undesired behavior may result in the immediate termination of this contract if the CHARTERER or his party conduct themselves in an unsafe manner. If the CHARTERER or his party are acting in a manner that puts themselves or others in danger ; the Captain has the authority to terminate the charter and remove, or have removed by local authorities any member of the party at the nearest safe docking location and return the remainder of the party to the original port of call, and terminate the contract with no refund provided. 14. REDELIVERY: The CHARTERER agrees to redeliver the yacht, her equipment, and furnishings, free and clear of any indebtedness incurred for/by the CHARTERER, at the expiration of the charter. The CHARTERER also agrees to be responsible for and to replace or make good any injury to the yacht, her equipment and furnishings caused by himself or by any of his party, less ordinary wear and tear, except to the extent such claims are covered by insurance as provided above. This means that the CHARTERER shall be responsible for any costs up to the amount of any deductible. Should the CHARTERER hinder the yacht’s redelivery to the place and time stipulated, for whatever cause, he shall pay the OWNER demurrage pro rata for additional charter time, plus any other losses the OWNER sustains related to the delayed redelivery. If the delay in redelivery is due to Force Majeure, the CHARTERER is not held responsible for any additional charter fees. 15. DISPUTE RESOLUTIONS: Should the OWNER and CHARTERER be unable to reconcile any differences that may arise with respect to the charter or this Agreement, such dispute shall be submitted first to mediation before a mediator mutually agreed upon by the CHARTERER and the OWNER, with the cost thereof divided equally between the parties. The mediation will be in accordance with such rules as the parties may designate agree upon and in the event the dispute cannot be resolved by mediation, then either party may resort to an action as provided in paragraph 16. 16. VENUE: The venue of any action arising from this Agreement shall lie exclusively in the Courts of the City and State of Owner’s residence, unless another place is mutually agreed upon, and both parties shall submit to the jurisdiction of such court. 17. EXECUTION OF AGREEMENT: The OWNER and CHARTERER, whose signatures need not be affixed to the same copy of the YACHT CHARTER PARTY AGREEMENT, may transmit the Agreement by facsimile or other electronic means. The separately signed Agreement, and/or copies thereof, shall constitute a binding Agreement between the OWNER and the CHARTERER. Boating Liability Release 1.This Agreement is between the Charterer named above (the party renting the vessel as a “bareboat”) and the Vessel Owner through its Manager, The Comapny, a private management and CHARTER company, hereinafter referred to as The Company. The Charterer and the Vessel Owner through its Manager hereby enter into this Agreement subject to terms and conditions herein and in connection with use of the Vessel (the "Vessel") as detailed in the Invoice # referenced above. The Company sall deliver the vessel to Charterer with a Captain, Crew member, clean, seaworthy and all essential systems in good running order. We will provide any and all agreed upon equipment and groceries as set in the renter’s agreement. We reserve the right to substitute a comparable vessel should the specified vessel not be available due to reasons beyond control. We guarantee that if a breakdown of essential equipment occurs during the charter, we will complete a repair or tow within 2 hours, you will be provided compensatory time for any time exceeding four hours. To be covered under this guarantee the vessel must be within a 5-mile radius of home port marinas. We is the authorized agent for the owner of the vessel. Essential equipment is considered engine, transmission, standing rigging, battery and alternator. 2.Charterer may board the vessel at agreed upon time on the day of the charter. Charterer shall inspect the vessel upon delivery and locate each item listed on the vessel’s inventory sheet. Charterer shall sign the inventory sheet stating that all items are on board, unless initialed and stated by The  Company as not being on board. Charterer’s signature on inventory sheet shall constitute acceptance of the vessel and a full performance by The Company and the vessel’s owner. 3. Charterer agrees to be fully responsible for all furnished equipment aboard the vessel. Charterer agrees to pay the amount necessary to replace damaged or lost equipment in accordance with polices described in the Reservation Terms & Conditions. Charter agrees these charges may be placed on their credit card on file. 4.Charterer accepts full and complete responsibility for the safety and care of the vessel, crew and passengers; the use, misuse, loss or damage of the vessel is the sole responsibility of the Charterer until the vessel has been returned to PORT. Responsibility for the care of the vessel also includes, but is not limited to, leaving the vessel in a tidy condition and properly securing personal equipment. Excessive dirt and/or debris left on board will not be tolerated. In the event a charterer has left a vessel with excessive dirt/debris on board, an additional fee of $100 will be levied and charged to the credit card on file. 5.The chartered vessel is insured by the vessel’s owner and is subject to a deductible. The charterer’s liability for loss of or damage to the vessel or its equipment will be limited to the insurance deductible amount should Charterer not waive the Daily Damage Fee, except for loss or damages to the vessel or any vessel involved in an accident with the vessel and its equipment that results from the negligence or willful misuse by Charterer, Charterer’s family, guests and agents, for which Charterer may be solely liable for the entire loss. Determination of negligence or willful misuse is made at the sole discretion of the Charter Captain. Additionally, the Daily Damage Fee will not cover any damage resulting from non-compliance with policies described in Notes from the Charter Captain, which the charterer must read and understand thoroughly prior to departing the marina. 6. The company MAY cancel part of or the entire charter and not deliver the vessel due to severe weather before the commencement date, the client can take a credit for future dates or a refund of monies paid for the time missed minus 10% administration fee we reserves the right to recall the vessel upon the forecast or occurrence of severe weather. We may extend the charter trip subject to vessel availability. If charterer elects to prematurely end the charter, the charter is deemed cancelled and the cancellation policy will be followed. 7.Charterer certifies that he/she will obey directions from a qualified captain that has been hired from The Company for the term of the charter. 8.The company may refuse to allow the departure of the vessel if we  should deem the Charterer is not competent to board the vessel. We shall be held harmless to the extent that any information provided regarding Charterer’s ability to safely embark the vessel is inaccurate or misleading. 9.The Charterer agrees that the vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of the Charterer, Charterer’s family and guests, and shall not transport merchandise or carry passengers for pay, or race, or engage in any trade nor in any way violate the laws of the United States or of any government within the jurisdiction of which the vessel may be at any time and shall comply with the law in all other respects. The Charterer agrees not to sub-charter the vessel without written consent of the owner. Charterer shall always keep the vessel and its contents free of any illegal drugs or other controlled substances.] 10.A Booking Deposit of 33% of the trip fees and 100% of grocery fees is required. The remaining balance and Texas state sales tax are due on or before the first day of charter. If charter is booked online, the entire charter fee is due at booking. 11.Charterer agrees to abide by the terms outlined in the Reservation Policies regarding changes to or cancellations of the charter. Charterer authorizes The Company to charge the credit card on file for cancellations in accordance with the Reservation Policies. 12. I agree to forever discharge and release the Charter Company, its insurers, affiliates, employees, captain, and crew or family members thereof from any and all responsibility or liability for any and all injuries or damages. I agree not to assert any claim against or sue any of the above parties for injuries, loss, or damages whether they arise or result from any negligence or other liability, even in cases of gross negligence. I further specifically agree, on behalf of myself, my heirs and assigns, to indemnify and hold harmless the above released parties for any and all causes of action arising as a consequence of any incident which might occur as a consequence of my participation in any activities with or involving the released parties. 13.Should either party to this Agreement violate any provisions of this Agreement or in any proceedings to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other all legal fees and costs that may be incurred, including any fees and costs associated with court ordered mediation and arbitration, or appellate proceedings. 14.This Agreement shall be construed and interpreted in accordance with the laws of the state of Texas except for any admiralty or maritime claims which shall be construed under the maritime, admiralty laws of the United States. The venue for any proceedings hereunder shall lie in The Colony, Texas. Charterer shall indemnify and hold The Company, its insurers, affiliates and employees harmless for any death, loss or injury arising from Charterer’s and the crew’s use of the vessel, its equipment or dinghy, or activities including but not limited to swimming, WATER SPORTS, and hiking. The Liability Indemnification Agreement must be signed and returned prior to boarding the vessel; Charterer is responsible for ensuring all members of the party have signed the agreement. Charterer states that he/she has read and understands the provisions of this agreement and has read referenced ‘Notes from the Charter Captain’. INHERENT RISK CLAUSE: I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING/SAILING/SWIMMING/TUBING/WAKESURFING/WAKEBOARDING/EFOILING ETC, including but not limited to equipment failure, perils of the sea, acts of other participants, contracting a communicable disease, and adverse sea and weather conditions, and I HEREBY ASSUME SUCH RISKS. PERSONAL SAFTEY AND CONSUMPTION CLAUSE: I UNDERSTAND THAT I HAVE DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO. I DO NOT HOLD MUTINEERS CHARTER SERVICES, ITS INSURERS, AFFILIATES, EMPLOYEES, CAPTAIN, AND CREW OR FAMILY MEMBERS, OR HIERS RESPONSIBLE FOR MY ACTIONS TRAVELING TO OR FROM CHARTER, WHILE LOADING OR UNLOADING VESSEL, OR WHILE VESSEL IS IN SERVICE DURING AGREED UPON TIMELINE OF CONTRACT. I ALSO AGREE THAT I AM RESPONSIBLE TO MONITOR AND MIDIGATE MY OWN ALCOHOL CUNSUMTION IN ACCORDANCE WITH LOCAL STATE AND FEDERAL LAW WHILE TRAVELING TO OR FROM CHARTER, WHILE LOADING OR UNLOADING VESSEL, OR WHILE VESSEL IS IN SERVICE DURING AGREED UPON TIMELINE OF CONTRACT. PERSONNAL HEALTH AND FITNESS CLAUSE: I assert that I am physically fit to ride on a boat and I will not hold the vessels “Whiskey Danger”, “Cerberus”, other vessels, and/or The Company, or their employees, agents or other associated personnel (hereinafter collectively called “Charter Company”) responsible if I am injured as a result of ANY problems (medical, accidental or otherwise) which occur while chartering the boat(s) or otherwise participating in the trip. MEDICAL FIRST AID CLAUSE: I fully understand that the vessels of the Charter Company have limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree to inform the staff of any medical conditions that would be relevant to this charter and my ability to complete it. THE CHARTER STAFF HAS MADE NO REPRESENTATIONS TO ME, IMPLIED OR OTHERWISE, THAT THEY OR THEIR CREW CAN OR WILL PERFORM SAFE RESCUES OR RENDER FIRST AID. IN THE EVENT I SHOW SIGNS OF DISTRESS OR CALL FOR AID, I WOULD LIKE ASSISTANCE AND WILL NOT HOLD THE CHARTER COMPANY RESPONSIBLE FOR THEIR ACTIONS IN ATTEMPTING THE PERFORMANCE OF RESCUE, CPR, OR FIRST AID SWIM CLAUSE: I understand if I choose to leave the vessel for swimming or other activities I do so at my own risk. I further agree that if I have difficulties swimming or staying afloat without assistance, I will inform the staff and wear a PFD at all times during the charter. If I choose not to inform the staff, I accept the risk. NO LIFEGUARD ON DUTY.