Fast and Fun Bridge and Wildlife Cruise on San Francisco Bay

TERMS & CONDITIONS TO CUSTOMER’S TIME CHARTER AGREEMENT “Owner” is the Angel Island Tiburon Ferry and “Charterer” or “Client” (and, together with Owner, the “Parties”) is the company, group or individual that is paying charter hire to Owner for the use of a vessel for a specified time. The activities of the Parties with respect to the charter shall be subject to the following Terms and Conditions (these “Terms”), which shall be binding on the Parties. THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT. BY AGREEING TO THESE TERMS, OWNER AND CHARTERER AGREE TO SUBMIT ANY DISPUTES BETWEEN THEM EXCLUSIVELY TO INDIVIDUAL ARBITRATION AND NOT TO SUE IN COURT, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED BELOW. 1. Deposit & Terms of Payment: A 100% deposit is required to confirm any charter.  If charter is 30 days or less away, there are no refunds but the charter can be rescheduled to a later date within 1 year.  If a charter is less than 60 days away and more than 30 days away the 50% of the deposit is refundable,  if cancellation is received in writing more than 30 days prior to charter date  . If a charter is more than 60 days away the deposit is refundable, less an administration fee equal to 10% of charter rate, if cancellation is received in writing more than 60 days prior to charter date. 2. Substitution: Owner may substitute vessel of equal or larger size in the event that the above vessel is unable to fulfill charter. If the owner fails to commence the voyage due to an Act of God, the event will be rescheduled for a later date (there are blackout dates), or the event will be continued dockside for 50% refund on the hourly vessel rate. If there is a problem with the vessel, we will either reschedule your event or move your charter to an equal size vessel or upgrade your party to a larger vessel at no additional charge and at Owner’s discretion. 3. Damage: Charterer shall pay replacement value of all property and equipment lost or stolen, and the cost of repair to any damages caused by guests. 4. Health and Safety: The client understands there is an inherent risk of contracting infectious viruses out in public. The client and all guests aboard the vessel will follow any current mandated guidelines in regards to face coverings, vaccinations and any other government mandated regulations. 5. Controlled substances: We operate on federally controlled waters therefore possession or consumption of illegal or controlled substances including marijuana, smoking or vaping are not allowed aboard the vessel. No outside alcohol is permitted on board unless otherwise stated within the contract. 6. Limits of Liability: Owner’s maximum liability due to inability to furnish services contracted shall be limited to the amount of fees paid by Charterer to Owner. Owner’s maximum liability for any personal injuries, death, or other losses occurring during or arising out of the chartered voyage will be $50,000, unless such loss is caused by the sole negligence of Owner. IN NO EVENT SHALL OWNER BE RESPONSIBLE OR HAVE ANY LIABILITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, OR COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. Videos Privacy Waiver: Charterer and its guests grant a license to Owner to take photos and videos for promotional and marketing purposes, thereby waiving all intellectual property and privacy rights of Charterer to such photos and videos and the content therein. 8. Applicable Law: It is agreed that any disputes or legal claim of any type that arises out of the chartered voyage or this Agreement will be determined by federal maritime law, and not the laws of California. 9. Binding Arbitration & Waiver of Right to Trial by Judge or Jury: Any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement shall be settled by a sole arbitrator in a proceeding to be held in San Francisco, California, in accordance with the applicable rules then in effect of JAMS. The arbitrator may grant injunctions or other relief in such dispute or controversy, which may be enforced in any court having jurisdiction. The decision of the arbitrator shall be final, conclusive and binding on the Parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction; provided, however, that the arbitrator shall not have the power to alter or amend these Terms. 10. Modifications Only by Writing: Any modification of the agreement must be signed in writing by both Parties. 11. Cancellation of Charter: In the event that Charterer violates these Terms prior to or during the charter, including but not limited to Sections 4 and 5 hereof, Owner may cancel the charter immediately in its sole discretion, whether prior to embarking or during the course of the charter, and Owner shall have no obligation to offer replacement services or refund any amounts paid for the charter. Owner reserves the right to refuse service to anyone. BY ACCEPTING OUR OFFER WITHIN THE GetMyBoat PLATFORM YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Bon Voyage!!