Set Sail on our 25ft Monterey Cabin Cruiser on Lake Wylie

SERVICE AGREEMENT This SERVICE CONTRACT (this “Agreement” or this “Service Contract”), effective as of date last signing , is made and entered into by and between our company and [INSERT CUSTOMER NAME], (hereinafter the “Customer”), Whereas, Boating tours and Customer desire to enter into a relationship in which our company is of Boating and Touring business and the customer requires the service of the Boating tours. Now, therefore, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do hereby agree as follows: 1. DEFINITIONS For purposes of this Agreement, the following terms shall have the following meanings: - “Services” means any and all services specified in the Statement of Work (as defined below). - “Deliverables” means any tangible property, delivered to Customer under this Service Contract, as specified. 2. STATEMENT OF WORK The Company is in Boating and Touring services The Boating tours will offer services to the customer as part of boating packages pursuant to the terms of this Boating tours agreement. In return, the customer agrees to pay the Boating tours for all the services to be rendered. 3. TERM The term of this Agreement shall commence on date of agreement, and shall continue thereafter until the day of expiry. That is the number of days booked by the customer.    4. TERMS OF PAYMENT - PRICE. Prices are determined by the period that the customer is booking for the tour.   NOW THEREFORE the customer agree to pay__________ $(Dollars) for the boating and touring. The customer agree to pay a deposit of $200(Dollars) at the time of booking, then the remaining portion before the date of the tour.   The booking is from _______________ to _______________. All booking include Captain, fuel and refreshments. Excursions will last 3 hours; Extended time for Excursions can be arranged for an additional fee. Funds will automatically be deducted from the card/account on file. Please note: Customer can opt to pay in full at the time of booking or have the option to pay in 4 installments. Any additional or unscheduled Services or Deliverables to be provided by Boating tours outside of the Statement of Work must be mutually agreed upon and agreed by both parties. Accommodations may be arranged but additional cost will be incurred by the customer. Cancellation and Refund Policy The Customer may cancel this contract at any time up to 30 days prior to boating date time for a refund of 50% of the cost of the tour.  To do so, Customers must send a written cancellation notice via either email or certified mail. Customers are encouraged to reschedule boating tour if cancellation is required after 30 days, as a refund will not be issued. 5. WARRANTIES AND REMEDIES - Boating tours warrants that to its knowledge the Deliverables do not infringe any intellectual property right held by a third party. - Boating tours will not responsible for items left behind after the boating experience. - Boating tours will not be responsible for any injuries or related boating excursion injuries. Please see electronic waiver. - Disorderly conduct will not be tolerated under any circumstances. - The booking host is responsible for ensuring compliance of all Customers. If the booking host is unable to assist customer in compliance, the tour will be suspended and no refund will be issued - Fines can be incurred if customers are asked to refrain from a certain activity due to coast guard or police regulations. For customer safety, these regulations are adhered to by our company. Failure to comply may result in fines from water authorities – fines assessed will be paid by booking host. - Customers are notified to arrive at the designated boarding time; Tour will end at the original scheduled time. Additional time can be requested for an additional cost. - Customers agree to pay boat damages if damages are assessed to be done by the customer. - Except for the warranties stated in this Section, Boating tours DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICES AND DELIVERABLES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST NON-INFRINGEMENT. 6. INDEMNIFICATION Customer shall defend, indemnify, and save Boating tours harmless, at Customer’s own expense, against any action or suit brought for any loss, damage, expense or liability that may result by reason of an infringement of any patent, trademark, copyright, or trade secret based upon the normal and intended use of the Deliverables furnished to Boating tours hereunder. Should any of the Deliverables furnished to Boating tours hereunder become the subject of a claim of any infringement of a patent, trademark, copyright, or trade secret, Customer shall, at its option and expense, deliver non-infringing material, modify the material so that it becomes non-infringing, or procure for Boating tours the right to continue using Customer’s infringing material. Customer agrees to indemnify and hold Boating tours harmless against all claims, liabilities, demands, damages, or expenses (including attorneys’ fees and expenses) arising out of or in connection with Customer’s use of the Deliverables. 7. FORCE MAJEURE Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay. 8. CONFIDENTIALITY Boating tours hereby acknowledges they may become aware of information the customer may deem as confidential including but not limited to: Any information listed as confidential by the customer shall remain private and will not be made publicly available by Boating tours. In the event the customer becomes aware of a breach of any of this agreement’s provisions it will have the right to terminate this Boating tours agreement in its entirety 9. GENERAL TERMS - This Service Contract shall be deemed to have been made, executed and delivered in the State  South Carolina and shall be construed in accordance with the laws of the State South Carolina. - NOTICES. Notices to be given by either party under this Agreement shall be sent by certified mail, express overnight delivery, or telecopy to the attention of the other party at the addresses of the parties as first set forth above. - SEVERABILITY AND ASSIGNMENT. The invalidity or unenforceability, in whole or in part, of any provision in this Agreement shall not affect in any way the remainder of the provisions herein. This Agreement may not be assigned by Customer without Boating tour’s consent. - ENTIRE AGREEMENT. This Agreement, together with any other materials referenced in or expressly made a part of the Agreement, constitutes the final and entire Agreement between Boating tours and Customer and supersedes all prior and contemporary agreements, oral or written. - NOTICE. Customers are notified that Boating tours are not wheelchair accessible. 10. DECLARATION By e-signing/agreeing to this document, you (and all participating individuals) consent to the service agreement and terms. Your signature represents all individuals participating in boating tour at and during the time of service.