CHARTER AGREEMENT

RISK, RESPONSIBILITY, WAIVER, RELEASE, CONDUCT, REFUNDS, DAMAGE

 

     1.      In consideration for being permitted to participate in the yacht charter (the “Charter”) provided by Rushin Nowhere, LLC (the Company), for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my and our heirs, personal representatives and assigns (collectively, “We”, “Us” “Our” and the like), We hereby fully acknowledge that participating in the Charter may include a wide variety of risks, conditions, unknowns, and consequences (collectively, “Risks”).  Risks include, but are not limited to, such things as: (1) inclement weather, wind shear, lightning, variances and extremes of wind, weather and temperature; (2) the presence of insects and marine life forms, and any resultant consequences; (3) any distortion or temporary or permanent degradation or loss of balance, physical condition, ability to operate equipment, swim and/or follow directions, any fatigue, chills, dizziness, and heat or sun related injuries or illnesses including sunburn, sunstroke and dehydration, any effects of or results from intoxication or drug use; (4) slippery decks, equipment failure, operator error, transportation accidents, collision, capsizing, sinking or other such hazard, including the possible consequences such as wetness, injury, exposure to the elements, hypothermia, impact of the body upon water, injection of water into bodily orifices, and/or drowning/death; and (5) activities, accidents, consequences and results related to such things as boarding and deboarding the yacht, boating, fishing, swimming, kayaking, paddleboarding, hiking, cliff diving, eating, drinking, consuming alcohol, and taking drugs.  Furthermore, to the extent We are transported by any mode of transportation to and/or from the Charter, all such risks related thereto are also part of the Risks and are hereby acknowledged.

 

     2.      We understand that Our participation in the Charter is completely voluntary.  As such, We fully agree to assume all responsibility for Ourselves for all Risks in connection with the Charter, whether identified above or not, and whether or not arising in anyone’s negligence.  This responsibility extends to, but is not limited to, any incidences, accidents, bodily injury, illnesses, paralysis, death, loss of personal property and/or expenses as a result of, directly or indirectly, Our participation in the Charter and activities during the Charter, as well as Our transportation to and from the Charter.  In connection with Our assumption of full responsibility of all Risks, We hereby waive any and all rights We may have against, and release, the Company, its affiliates and related companies, and all principals, directors, officers, shareholders, agents, employees, volunteers, and insurers, as well as marinas and landowners upon whose property any activity occurs, from any and all responsibility and liability, whatsoever, of any nature, kind and duration, in connection with the Risks, consequences, and otherwise.

 

     3.      Should We become unruly, boisterous, obnoxious, or otherwise inappropriate during the Charter, and will not follow the captain’s or crew’s instructions and/or requests in connection therewith or in connection with law or safety issues, We hereby submit to the captain’s discretion to end the Charter early, and agree that the Charter fee is non-refundable in such case.  Separately, if We choose to end the Charter early, or cancel the Charter on the same day on which it is to occur, We understand and agree that the Charter fee is non-refundable, and that Company shall not owe Us any additional Charter time.  Still further, in the event We decide to cancel Our Charter reservation within 2 weeks before the day of the Charter, the Company will make every reasonable effort to book another party for a Charter on that day.  However, should Company not be successful in rebooking that day, We agree that Our Charter fee is non-refundable.  Cancellations made more than 2 weeks before the day of the Charter shall be entitled to a refund minus any credit card processing fees for the booking.

 

     4.      Should We cause any damage, destruction, or loss to the yacht or any of its parts or contents, or to any objects that are provided to Us for use during the Charter, or to any vehicle used to transport us to/from the Charter (collectively “Damage”), We authorize the Company to hold an imprint of Our valid credit card (or hold any other of Our credit card information), and to use it to pay for the repair/replacement of such Damage.  We further understand that because of the temporal nature of the occurrence of the Damage, the obtaining of quotes for repairs/replacements, the procurement of repairs/replacements, and the payment for same, this credit card information shall be retained by the Company for reimbursement until all Damage has been remediated/restored and paid for.  If Our credit card will stop being valid, and/or will not have enough funds to cover the Damage, We hereby unconditionally agree to personally pay for the Damage, in full.  To the extent the Company must seek enforcement of this paragraph through legal means, We expressly agree to pay for all of Company’s reasonable expenses in so doing, including but not limited to any expenses incurred in collections or attempting to collect, as well as attorneys fees and court costs.  The foregoing shall not limit the Company’s ability to seek further damages at law or in equity.

 

      5.      We understand and agree that, as a condition to participating in the Charter, every passenger intending to be in Our group on the Charter (except for minors for whom We are responsible) must accept and sign this agreement, and that unless such passenger does so, such passenger shall not be allowed to participate in the Charter.  In the event a passenger does not sign this agreement, We shall have the discretion to decide if We shall leave such person behind and proceed with the Charter, or cancel the Charter.  In the event of cancellation, the cancellation terms in this agreement shall apply.  Apart from the foregoing, We acknowledge that every passenger, including minors (who do not need to sign, below), must be identified in this agreement by filling out all requested information at the end of this agreement.

 

     6.      This agreement shall be governed by the laws of the State of New York, without regard to any conflict of laws principles, and venue for any disputes shall be in the State or Federal courts located in the State of New York.

 

     7.      To the extent any Court holds any portion of this agreement as invalid or unenforceable, the remaining portions shall continue to be in full force and effect.

 

     8.      This agreement contains the entirety of all of the terms and conditions agreed to between Us and Company with respect to the subject matter hereof, and supersedes and terminates any and all prior agreements, whether written or oral.

 

We have carefully read, considered and understand all of the terms of this agreement.  We further understand and acknowledge that this agreement is contractual in nature and binding upon Us, and as a precondition to engaging in the Charter, agree to its terms by entering Our names, information and signature(s), below.

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