Whale Watch Agreement

Whale Watch Agreement

Parties and Effective Date

Client Name:

Recitals

WHEREAS, Operator is duly authorized and prepared to provide whale watching excursions and related maritime services from the vessel identified below; and

WHEREAS, Client desires to engage Operator to provide a whale watching excursion under the terms and conditions set forth in this Agreement.

WHEREAS, the parties agree that the safety of passengers and compliance with applicable maritime laws and regulations are paramount and that the excursion will be conducted in accordance with the terms herein.

Trip Details

Vessel Name:    Departure Location:

Trip Date:    Number of Passengers:    Estimated Duration:

Scope of Work

Operator shall provide a whale watching excursion in a professional and commercially reasonable manner. Services include vessel operation, onboard safety briefing, crew services, navigation to observation areas, and reasonable onboard amenities. Operator will make commercially reasonable efforts to locate marine wildlife but does not guarantee sightings.

Payment Terms

Total Fee:    Deposit Required:

Balance Due Date:

Late Payment: If payment is not received when due, Client shall pay a late fee of % per month on the outstanding balance or a flat fee of , whichever is greater, together with costs of collection including reasonable attorney fees.

Term and Termination

Term Start Date:    Term End Date:

Either party may terminate this Agreement for convenience by providing written notice to the other party at least days prior to the intended termination date. Operator may terminate immediately for cause, including but not limited to Client's failure to pay, refusal to follow safety instructions, or behavior that jeopardizes safety.

In the event of termination for cause by Operator, Client shall remain responsible for payment for services performed through the date of termination and any non‑refundable costs incurred by Operator.

Confidentiality

Each party agrees that confidential information disclosed in connection with this Agreement shall be used only for the performance of this Agreement and shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, was in the receiving party's possession prior to disclosure, or is rightfully received from a third party without restriction.

Liability, Indemnification and Safety

Client acknowledges that participation in maritime activities involves inherent risks. Client expressly assumes all risks of personal injury, death, loss or damage to personal property arising out of participation in the excursion except where such loss is caused by the gross negligence or willful misconduct of Operator.

Client shall indemnify, defend and hold harmless Operator, its officers, agents and crew from and against any claims, liabilities, damages and expenses (including reasonable attorney fees) arising out of Client's negligence, breach of this Agreement, or willful misconduct.

Client agrees to comply with all safety instructions and the direction of the vessel's master and crew. Failure to follow instructions may result in removal from the vessel at Client's expense without refund.

Force Majeure and Cancellation

Operator shall not be liable for delay or failure to perform where such delay or failure results from causes beyond Operator's reasonable control, including adverse weather, acts of God, acts of government, or mechanical failure. Operator may cancel or reschedule trips for safety reasons; in such event, Client will be offered a full refund or an alternative date.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its choice of law principles. The parties shall first attempt in good faith to resolve any dispute arising out of or relating to this Agreement through negotiation. If the dispute is not resolved by negotiation within 30 days, the parties agree to submit the dispute to binding arbitration in accordance with the governing law set forth above.

Entire Agreement and Amendments

This Agreement, including any attached schedules or rider(s), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.

Acknowledgment

Client acknowledges receipt of safety information and agrees that prior to boarding the vessel Client has provided truthful information regarding health, mobility, and any conditions that may affect safe participation. Client represents that they are authorized to enter into this Agreement on behalf of any minors or guests listed with the party.

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