Pursuit DC 325 Powerboat Rental in Montauk

RAIN DATE POLICY: Yacht is capable of sailing rain or shine, and offers sheltered cabin space for all guests. In the event of extreme or other adverse forecasted weather conditions, the Charterer and Owner can agree to reschedule no later than 5:00PM the day before the charter. In such a case, Owner will find another day to reschedule the charter, or offer a full refund. The captain reserves the right to cancel any charter if he/she feels weather conditions represent a danger to the safety of the passengers. CANCELLATION Policy: If a charter is cancelled more than four weeks before the CHARTERER’s scheduled sailing date, the CHARTERER will receive a full refund, minus a $100 cancellation fee. If the CHARTERER cancels their sail between two weeks and four weeks, the Charter Party will receive a full refund minus 20% of the charter amount. If the CHARTERER cancels their sail less than two weeks in advance of their date, all monies paid by the charter are forfeited unless Owner books another charter on that date. If another charter party takes that date and time period, for an equal or greater amount of money, the original CHARTERER will receive a full refund minus the $100 cancellation fee. CHARTER TERMS. Private charters are "bareboat" charters but require a licensed captain. OWNER will ensure that a licensed captain will be on board for the entire charter. CHARTERER agrees that the Yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of the respective parties during the Charter Term. Charter Party shall not transport merchandise, carry or allow any person to bring or keep on board any weapon or narcotic or controlled dangerous substance (commonly referred to as “Drugs”), engage in any trade or violate any of the laws of the United States or any other government within the jurisdiction of which the Yacht may be at any time. Charter Party shall comply with the law in all respects. Children under the age of 12 shall wear Coast Guard certified personal floatation device (PFD) – provided by Owner - at all times during the charter. No pets or children under the age of four on charters. Passengers are to stay topside or in cabin unless specifically given permission by captain to disembark Yacht. Passengers much return to Yacht immediately when requested. Place tampons and sanitary pads in bins provided in the bathrooms. Do not flush them or any other objects down the toilet. If anyone in the charter party is a poor swimmer or a non‐swimmer, the captain must be notified immediately upon boarding and those passengers will be required to wear a PFD at all times throughout the trip. COVID-19. CHARTERER must be certain they have followed safe practices of social distancing for at least the last 4 weeks, and are in good health. If for any reason the chartering party is uncertain they are in good health, they must notify the captain. SMOKING; BBQ GRILLS. Smoking and vaping is strictly prohibited anywhere on or near (25 foot radius) the Yacht. No use of a BBQ grill or any other open or controlled flame cooking device is permitted. MECHANICAL FAILURE. In case of a mechanical failure on the Yacht forcing us to discontinue your charter, we will give you a refund or a credit for another charter with us or place you on another comparable Yacht so you may continue your charter. PERSONAL BELONGINGS. You agree that you and your passengers are solely responsible for the safety and security of all personal belongings brought aboard the Yacht and any damage, theft or loss that may occur during the charter SERVICES, MEALS & EXPENSES: You are solely responsible for locating, obtaining and purchasing all meals, water, other beverages, fuel, dockage, mooring fees and other goods and services to be consumed during the charter. The cost of your charter does not include any towing or repair services that may be required as a result of Charterer’s grounding or other misuse of the Yacht. You are responsible for the cost of all third-party goods and services purchased while on the charter. If the Yacht are not returned in clean condition (i.e. dishes washed, trash gathered, open food discarded and dirty linen piled at the base of head, etc.), there will be a cleaning fee of $150.00 that will be deduced from the Security Deposit. REPRESENTATIONS AND WARRANTIES. Charterer represents and warrants to Owner that: (i) Charterer has the necessary capacity and authority to enter this Agreement and to carry out its obligations under this Agreement and this Agreement shall constitute a legal, valid and binding obligation of Charterer enforceable against Charterer in accordance with its terms; (ii) Charterer has made reasonable inquiry into the physical health of all intended Passengers and they are in sufficient physical health to be reasonably expected to be able to safely participate in the charter; (iii) Charterer has advised all intended Passengers in writing or via email that they will be visiting remote locations during the course of the charter and access to medication, medical facilities and medical treatment may be extremely limited and each Passenger has confirmed in writing or via email that they understand and are aware of the risks presented by visiting such remote locations; and, if the weather forecast calls for winds in excess of 25 knots, Charterer will contact Owner for guidance and will not operate the Yacht except for purposes of seeking port and/or safety. AUTHORITY TO BIND PASSENGERS. Charterer represents and warrants that Charterer has the authority to bind all Passengers sailing on the Yacht to the terms and conditions of this Agreement. Charterer further represents that Charterer has provided this Agreement to all Passengers who will be sailing on the Yacht, or has provided all such Passengers an opportunity to read this Agreement, before boarding the Yacht. The acceptance of this Agreement by Charterer and use of the Yacht by Passengers shall be deemed acceptance and agreement by all Passengers to all of the terms and conditions of this Agreement. INDEMNIFICATION. Charterer, jointly and severally, agrees to indemnify, defend, pay the defense costs of, and hold harmless Owner, and each of its affiliates, officers, managers, members, partners, agents, employees, vessels, Yachts, captains, crew, successors and assigns (jointly and severally, the “Owner Parties”), from and against any and all losses, damages, costs, expenses, liabilities, obligations and claims of any kind (including, without limitation, reasonable attorneys’ fees and other legal costs and expenses, collectively, “Losses”) directly or indirectly based on, arising out of or relating to: (i) any breach of, or inaccuracy in, any covenant, representation or warranty of Charterer set forth this Agreement; (ii) the use of the Yacht, or any other equipment chartered under this Agreement, including, without limitation, any Losses relating to any damage to any property (including any property owned by third parties), or from death or injury to any person or persons (including third parties), in proportion to and to the extent such Losses arise from the negligence or willful misconduct of Charterer or any Passenger, guest, employee or agent of Charterer. The defense and indemnification duties set forth in this paragraph are separate, severable obligations. AMENDMENT. This Agreement shall not be altered, amended, changed, waived, terminated or otherwise modified in any respect or particular, and no consent or approval required pursuant to this Agreement shall be effective, unless the same shall be in writing and signed by all parties hereto. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors and permitted assigns. ENTIRE AGREEMENT. All prior statements, understandings, representations and agreements between the parties, oral or written, are superseded by and merged in this Agreement, which alone fully and completely expresses the agreement between them in connection with this transaction and which is entered into after full investigation, neither party relying upon any statement, understanding, representation or agreement made by the other not embodied in this Agreement. NO WAIVER. No failure or delay of either party in the exercise of any right or remedy given to such party hereunder or the waiver by any party of any condition hereunder for its benefit (unless the time specified herein for exercise of such right or remedy has expired) shall constitute a waiver of any other or further right or remedy nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or any other right or remedy. No waiver by either party of any breach hereunder or failure or refusal by the other party to comply with its obligations shall be deemed a waiver of any other or subsequent breach and or failure. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which so executed and delivered shall be deemed an original, but all of which taken together shall constitute but one and the same instrument. DISCLAIMER OF WARRANTIES. ALL SERVICES, GOODS AND EQUIPMENT PROVIDED BY OWNER ARE PROVIDED “AS IS” AND OWNER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND OWNER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, OWNER MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, GOODS OR EQUIPMENT PROVIDED BY OWNER AS PART OF THE CHARTER WILL MEET CHARTERER’S OR ANY OTHER PERSON’S REQUIREMENTS OR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR EQUIPMENT BROUGHT BY CHARTERER. CAPTIONS. The caption headings in this Agreement are for convenience only and are not intended to be a part of this Agreement and shall not be construed to modify, explain or alter any of the terms, covenants or conditions herein contained. GOVERNING LAW. This Agreement shall be interpreted and enforced in accordance with the general maritime laws of the United States of America, to the exclusion of any inconsistent state law. In the event there is no applicable rule under the maritime laws of the United States of America, this Agreement shall be governed by the laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York. SEVERABILITY. Each paragraph of this Agreement shall be considered severable, and if for any reason any paragraph is determined to be invalid under current or future law, such paragraph shall be deemed limited by construction in scope and extent to the minimum extent necessary to render the same valid and enforceable. In the event no such limiting construction is possible, such invalid or unenforceable provision shall be deemed severed from this Agreement and such invalidity or unenforceability shall not impair the operation of or otherwise affect the valid portions of this Agreement. JURISDICTION AND VENUE. It is agreed by and between Owner and Charterer that all disputes and matters whatsoever arising under, in connection with or incident to this Agreement, including travel to and from the Yacht, shall be litigated, if at all, before the United States District Court for the Eastern District of New York in Central Islip, or as to those lawsuits over which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Suffolk County, New York, U.S.A. to the exclusion of the Courts of any other county, state or country. UNDERSTANDING OF RISKS. Charterer represents and warrants that Charterer and all Passengers understand there are risks associated with boating, sailing and water sports. These risks include, but are not limited to, collision, grounding, fire, lightning, waves, storms, currents, exposure to sun, mechanical failure, falling overboard, slipping, tripping, shallow water black-out, dangerous marine life and drowning. RELEASE OF LIABILITY. CHARTERER AND ALL PASSENGERS SAILING ON THE YACHT HEREBY RELEASE AND DISCHARGE OWNER, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AFFILIATES, VESSELS, YACHTS, CAPTAINS AND CREW (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, LIABILITIES, INJURIES (INCLUDING DEATH), CAUSES OF ACTION, LOSSES OR DAMAGES TO PERSON OR PROPERTY WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. IF THE FOREGOING RELEASE OF LIABILITY IS UNENFORCEABLE FOR ANY REASON, AND ONLY IN THE EVENT OF SUCH UNENFORCEABILITY, THE RELEASED PARTIES’ LIABILITY SHALL BE LIMITED TO THE SUM OF FIVE THOUSAND DOLLARS ($5,000.00) FOR ANY AND ALL CLAIMS, LIABILITIES, INJURIES (INCLUDING DEATH), CAUSES OF ACTION, LOSSES OR DAMAGES TO PERSON OR PROPERTY WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. MARITIME LIENS. Neither the Charterer nor any other person has or shall have any right, power, or authority to create, incur, or permit to be placed or imposed upon the Yacht any lien. Charterer and Passengers hereby waive any right they now have or which they may acquire in the future to claim or assert a maritime lien against the Yacht for any cause or reason whatsoever. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. Except for the Owner Parties, no provision of this Agreement is intended or shall be construed to provide or create any third-party beneficiary right or any other right of any kind in any customer, affiliate, shareholder, partner, officer, director, employee, or agent of either party, or in any other person and all terms and provisions hereof shall be solely between the parties to this Agreement. WAIVER OF JURY TRIAL. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. NOTICES. Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, or (c) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as follows: If to Owner:   If to Charterer, use contact information above provided COMPLIANCE. Upon any failure of Charterer to perform, observe or comply with its obligations under this Agreement, Owner may forthwith repossess the Yacht and retain the entire charter fee, provided that such repossession shall not release Charterer from any liability or obligation to pay any other amount owed hereunder or to indemnify the Owner Parties as provided in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.