Sailing Services Contract

SAILING SERVICES CONTRACT

This Sailing Services Contract (the "Agreement") is made as of by and between Service Provider Name: (Service Provider), with primary address: and Client Name: (Client), with primary address: .

RECITALS

WHEREAS, Service Provider is engaged in the business of providing charter, skippering, and related nautical services and possesses the necessary qualifications, crew, licenses, and insurance to perform sailing services; and

WHEREAS, Client desires to retain Service Provider to provide the services described herein for the Vessel identified below on the dates and terms set forth in this Agreement; and

WHEREAS, the parties intend that this Agreement set forth the complete understanding between them with respect to the subject matter herein.

NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

1. SERVICES

1.1 Engagement. Service Provider shall provide sailing, navigation, skippering, and ancillary services (collectively, the "Services") as described in the Service Description below. Services shall be performed with reasonable skill and care in accordance with prevailing maritime practices.

1.2 Vessel. Vessel Name: Registration/Documentation No.: Home Port:

2. TERM AND SCHEDULE

2.1 Term. The Services shall commence on and shall end on unless earlier terminated in accordance with Section 9.

2.2 Schedule. Specific embarkation time: Location:

3. FEES, PAYMENT AND SECURITY DEPOSIT

3.1 Fees. Client shall pay Service Provider the total fee of $ for the Services. The fee includes crew and basic fuel unless otherwise specified in the Service Description.

3.2 Payment Terms. A deposit of $ is due upon execution of this Agreement. Balance is due no later than . Late payments shall incur interest at the lesser of 1.5% per month or the maximum rate permitted by law.

3.3 Security Deposit. Client shall provide a security deposit of $ to cover damage or extraordinary cleaning; any unused portion will be refunded within thirty (30) days after termination less deductions for documented losses.

4. CANCELLATION; REFUNDS

4.1 Client Cancellation. If Client cancels more than forty-five (45) days before the start date, the deposit will be refunded less an administrative fee of $ . Cancellations within forty-five (45) days are non-refundable except as provided below.

4.2 Provider Cancellation. If Service Provider cancels prior to commencement for reasons other than Client breach, all amounts paid by Client will be returned and Service Provider will use commercially reasonable efforts to offer substitute arrangements.

5. CLIENT OBLIGATIONS

5.1 Compliance. Client and all passengers shall comply with the reasonable directions of the master and crew. Client shall ensure that the number of passengers does not exceed the vessel’s certified capacity.

5.2 Prohibited Conduct. Client shall not permit illegal activity, excessive intoxication, or conduct that places crew, other passengers, or the vessel at risk. Service Provider may terminate the trip immediately for safety or legal reasons; in such event, Client shall remain liable for fees and expenses incurred.

6. REPRESENTATIONS AND WARRANTIES

6.1 Service Provider Warranties. Service Provider represents that it is duly authorized to perform the Services, that the vessel is seaworthy for the intended voyage at commencement, and that it maintains the insurance described in Section 7.2.

6.2 Client Warranties. Client represents that Client has authority to bind all passengers and that all information provided to Service Provider is true and complete.

7. INSURANCE; LIABILITY

7.1 Safety and Risk Allocation. Client acknowledges that sailing involves inherent risks. Client assumes all such risks except to the extent caused by Service Provider's gross negligence or willful misconduct.

7.2 Insurance. Service Provider shall maintain commercial hull and liability insurance in commercially reasonable amounts and shall provide proof of insurance upon reasonable request. Client is strongly encouraged to maintain personal travel and accident insurance covering participation in nautical activities.

7.3 Limitation of Liability. Except in cases of gross negligence or willful misconduct, Service Provider's total liability to Client for any claim arising under or related to this Agreement shall not exceed the total fees actually paid by Client under this Agreement.

8. INDEMNIFICATION

Client shall indemnify, defend, and hold harmless Service Provider, its officers, employees and agents from and against all claims, liabilities, losses, damages, and expenses (including reasonable attorneys' fees) arising from Client's negligence, breach of this Agreement, or misconduct by Client or its passengers, except to the extent caused by Service Provider's gross negligence or willful misconduct.

9. TERMINATION

Either party may terminate this Agreement for material breach by the other party if such breach is not cured within fourteen (14) days after written notice. Service Provider may also terminate immediately for safety, weather, regulatory action, or as required by applicable maritime authorities; in such event, Service Provider will refund fees for unperformed Services less reasonable costs incurred.

10. CONFIDENTIALITY

Each party shall maintain in confidence any non-public commercial information obtained from the other party in connection with this Agreement and shall not disclose such information except as required by law or with the disclosing party’s prior written consent. This obligation survives termination of the Agreement for two (2) years.

11. NOTICES

11.1 All notices, demands or communications required or permitted shall be in writing and delivered by hand, overnight courier, or certified mail to the addresses set forth below or to such other address as a party designates by notice in accordance with this Section.

12. AMENDMENTS; WAIVER; COUNTERPARTS

12.1 Amendments. No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

12.2 Waiver. No failure or delay by either party in exercising any right shall operate as a waiver of that right unless made in writing and signed by the waiving party.

12.3 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, and may be executed by electronic signature having the same force and effect as an original signature.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the courts located within that state for disputes arising out of this Agreement.

14. ENTIRE AGREEMENT

This Agreement, including all schedules and attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements and understandings, written or oral.

15. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and such invalid or unenforceable provision shall be reformed to the extent necessary to make it valid and enforceable while preserving the parties' intent.

16. MISCELLANEOUS

16.1 Independent Contractor. Service Provider shall perform the Services as an independent contractor and nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship.

16.2 Assignment. Neither party may assign this Agreement without the prior written consent of the other party, except that Service Provider may assign to an affiliate or successor in interest.

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