Tour Agreement SeaBridge Tours

TOUR AGREEMENT - SEABRIDGE TOURS

This Tour Agreement ("Agreement") is entered into by and between Company Name: SeaBridge Tours (the "Provider") and Client Name: Effective Date: Provider Representative:

WHEREAS

WHEREAS, Provider operates guided marine and coastal tours and related services and possesses the personnel, equipment and expertise necessary to conduct the tour described herein;

WHEREAS, Client desires to engage Provider to perform the tour services on the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend that this Agreement set forth their entire understanding regarding the engagement.

SCOPE OF WORK

Provider will organize, coordinate and conduct the tour activities described below. Provider will supply qualified crew, necessary safety equipment, and standard on-board amenities described in the tour description. Provider will make commercially reasonable efforts to provide services in a safe and professional manner consistent with industry practice.

PAYMENT TERMS

Client shall pay Provider the Total Tour Fee as set forth below. All payments must be made in U.S. dollars unless otherwise agreed in writing. Failure to pay when due shall constitute a material breach permitting Provider to suspend services and to collect interest and collection costs as set forth below.

All payments not received by the Balance Due Date shall incur the Late Fee and interest at the lesser of 1.5% per month or the maximum rate permitted by law. Client is responsible for any collection and legal costs incurred by Provider to recover unpaid amounts.

TERM AND TERMINATION

The term of this Agreement shall commence on Start Date: and continue until End Date: unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the Notice Period specified above after receiving written notice. Provider may also terminate immediately for safety reasons or failure of Client to pay amounts when due.

CANCELLATION AND REFUND

Client may cancel the tour by providing written notice to Provider. Cancellation charges apply as follows: cancellations received more than 30 days before the Tour Start Date will receive a full refund of amounts paid less administrative fee equal to Deposit; cancellations received between 14 and 30 days prior to the Tour Start Date forfeit 50% of the Total Tour Fee; cancellations received less than 14 days prior to the Tour Start Date forfeit 100% of the Total Tour Fee. Provider retains the right to modify cancellation policy for charters and custom itineraries; any such modifications will be set forth in writing.

ASSUMPTION OF RISK, RELEASE AND INDEMNIFICATION

Client acknowledges that participation in marine tours involves inherent risks, including but not limited to drowning, inclement weather, collisions, equipment failure, and other hazards. Client knowingly and voluntarily assumes all such risks arising from participation in the tour.

To the fullest extent permitted by law, Client releases, waives and discharges Provider, its officers, employees and agents from all claims, liabilities, losses, damages, costs and expenses, including attorneys' fees, arising out of or in connection with Client's participation in the tour, whether caused by the negligence of Provider or otherwise. Client further agrees to indemnify and hold harmless Provider from and against any claims, demands, actions or causes of action brought by third parties arising from Client's acts or omissions.

Client warrants that Client is physically able to participate in the tour, has disclosed any medical conditions that could affect participation, and will comply with all safety instructions and crew directions.

CONFIDENTIALITY

Each party shall keep confidential and not disclose to any third party any non-public information marked or reasonably understood to be confidential ("Confidential Information") received from the other party in connection with the tour. Confidential Information does not include information that (i) is or becomes generally known to the public through no fault of the receiving party; (ii) was in the receiving party's possession prior to receipt from the disclosing party; or (iii) is required to be disclosed by law, provided that the receiving party gives prompt written notice to the disclosing party where permitted.

INSURANCE

Provider maintains industry-standard liability insurance for its operations. Client is encouraged to obtain travel and health insurance covering cancellation, emergency evacuation, personal injury and loss of personal effects. Where Client is an organization chartering a vessel, Client must maintain appropriate insurance and name Provider as an additional insured where requested.

MISCELLANEOUS

Force Majeure: Neither party shall be liable for delays or failures in performance due to causes beyond its reasonable control, including acts of God, severe weather, government action, strikes, or other labor disputes. The affected party shall promptly notify the other and use reasonable efforts to resume performance.

Amendment: This Agreement may be modified only by a written instrument signed by both parties. Severability: If any provision of this Agreement is found unenforceable, the remainder shall remain in full force and effect.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. Any dispute arising out of this Agreement shall be resolved in the state or federal courts located within that State.

ENTIRE AGREEMENT

This Agreement, including any written attachments or tour-specific confirmations signed by the parties, constitutes the entire agreement between Provider and Client concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

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