In exchange for good and valuable consideration the receipt of which is acknowledged, the parties agree:
Per the USCG, NVIC7-94 and the Passenger Vessel Safety Act of 1993 (The Act), "the charterer must have the option of selecting the crew. Although a master or crew may be furnished by the owner, full possession and control must be vested in the charterer. This does not preclude the charterer from taking advice from the master and crew regarding hazardous conditions such as inclement weather, navigational obstructions, etc."
By executing this Agreement and booking with CYM Charters, you agree that you were given the following selection of Captains to choose from and to comply with The Act:
Failure to acknowledge the Captain selection option may result in charter termination by law enforcement officers and no refund will be offered if this agreement is violated.
Name of Requested Captain:
THIS WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT (this “Release”) is entered into as of (the “Effective Date”) between (“Charterer”) and and CYM Charters (“CYM”).
TERMS AND CONDITIONS
In consideration of good and valuable consideration including the use of the Vessel, the Bareboat Agreement, and other consideration the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
Charterer, on behalf of him or herself, his or her spouse, children/wards (the “Charterers”), and Guests hereby release, waive and discharge the Owner, the Vessel and CYM of and from any and causes of action, in law, admiralty or in equity, including but not limited to court costs and attorneys’ fees, of any nature whatsoever, whether or not now known, claimed or suspected, fixed or contingent (hereinafter collectively referred to as “Claims”) which the Charterer or Guests may have, or which may hereafter accrue to the Charterers or Guests, arising out of or relating to the Charterer’s, use of the Vessel or charter broker services provided from CYM.
ACKNOWLEDGMENT OF RISKS
I fully acknowledge that there are certain risks associated with yachting and swimming from a yacht, including but not limited to movement of the Vessel from the wakes of other vessels, large and choppy seas which may result in a rough ride, wet surfaces, inclement weather, lightning, wind, collision, capsizing, sinking, uneven or wet surfaces, sea sickness and other risks. I further acknowledge that if I swim or participate in water activities from the Vessel, I understand that there are risks associated with swimming and water activities including but not limited to strong currents, dangerous marine life, diving in shallow water that can cause paralysis, death or injury, sun exposure, and exposure to waves and unforeseen dangers.
CONTRACTUAL AND EXPRESS ASSUMPTION OF RISK AND WAIVER
I FULLY AGREE TO ASSUME ALL RESPONSIBILITY FOR THE RISKS ASSOCIATED WITH THE CHARTER OF THE VESSEL AND SWIMMING OR WATER ACTIVITIES FROM THE VESSEL. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF; EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF OWNER, THE VESSEL, OR CYM. I FULLY UNDERSTAND AND AGREE TO RELEASE THE OWNER, VESSEL, AND CYM FOR ANY AND ALL LIABILITY, EVEN IF IT ARISES FROM THE NEGLIGENCE UNSEAWORTHINESS OF THE OWNER, VESSEL, OR CYM. I HEREBY RELEASE THE OWNER, THE VESSEL, CYM, THEIR PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INSURERS AND EACH LANDOWNER PROVIDING ACCESS TO THE VESSEL FROM ANY AND ALL LIABILITY OF ANY NATURE (INCLUDING NEGLIGENCE) FOR ANY AND ALL INJURY OR DAMAGE INCLUDING DEATH RESULTING FROM MY PARTICIPATION IN THE CHARTER ACTIVITIES, SWIMMING OR WATER ACTIVITIES RELATED TO THE CHARTER, EVEN IF CAUSED BY MY NEGLIGENCE OR THE NEGLIGENCE OF ANY OTHER PARTY TO THIS AGREEMENT.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THIS ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I have read this assumption and acknowledgement of risks and releases of liability agreements. I understand fully that it is contractual in nature and binding upon me personally and my minor child as set forth above. I further understand that by signing this document, I am waiving the valuable rights including any and all rights I may have against the Owner, CYM. This agreement shall be governed by general maritime law of the United States. Any legal action relating to or arising out of this Agreement against the Owner or CYM or any of their agents, employees, affiliated or related companies shall be commenced exclusively in the United States District Court, Middle District of Florida. The parties agree to WAIVE A TRIAL BY JURY.
I HEREBY RELEASE OWNER AND CYM, THEIR RESPECTIVE PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, THEIR INSURERS, FROM ANY AND ALL LIABILITY OF ANY NATURE FOR AND ANY AND ALL INJURY OR DAMAGE INCLUDING DEATH RESULTING FROM THE USE OF THE VESSEL DURING CHARTER, EVEN IF CAUSED BY THE NEGLIGENCE OF RELEASES.
I UNDERSTAND THE SERIOUSNESS OF THE RISKS INVOLVED IN BOATING, WATER ACTIVITIES AND MARITIME ACTIVITIES IN GENERAL AND ACCEPT THEM IN FULL. I, FOR MYSELF, AND TO THE EXTENT ALLOWED BY LAW, MY SPOUSE, CHILD/WARD AND GUESTS HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
CYM Charters enforces a standard cancellation policy on all vessels in the CYM fleet. This policy is to protect both the owner and the renter (Charterer).
CYM recommends the Charterer to read through the Cancellation Policy thoroughly and understand the responsibility when agreeing to the policy.
DEPOSITS, PAYMENTS AND REFUNDS AS FOLLOWS:
Please advise: CYM enforces a strict non-refundable cancellation policy. Charterer cancellation request will be handled based on the rules below.
Charterer’s deposit will be refunded if the payment has been made within 24 hours of placing an order for a charter, that the charter does not take place within 48 hours from the departure date.
Charterer’s deposit will be refunded within 48-72 business day hours from the post charter check out once completed by the Captain.
If Charterer is to cancel the charter prior to making full payment, that does not follow under CYM’s extenuating circumstances, the deposit payment is non-refundable.
If Charterer is to cancel the charter and has made their full payment, that does not follow under the CYM’s extenuating circumstances, the full payment is non-refundable (deposit will be refunded only). Charterer will receive the option to reschedule with a reschedule fee.
Charterer’s deposit will be held if the vessel has been damaged by the Charterer and/or Charterer’s guest. Please advise, the Charterer assumes responsibility for themselves and their guests within their party once the agreement has been signed. Once the damages have been assessed and discussed with both owner and Charterer, CYM will hold the deposit as payment towards the damage cost.
Charterer’s deposit and/or payment will be refunded for extenuating circumstances, which will include the following. Death of charterer or family member, Covid-19 (will require a positive test from a clinic or doctor, as well as within 5 days of the charter date), Natural disaster, Weather (will be the captain's decision the day of charter),Political unrest or Mechanical failure of the vessel.
Please advise, refunds will not be given if the request does not meet CYM’s extenuating circumstances. Charterers will have the option to reschedule with a reschedule fee. A cancellation will NOT BE APPROVED if requested within 14 days of the charter date and the request does not meet CYM’s extenuating circumstances.
PAYMENT DUE DATE
Charterer understands that full payment is to be collected 14 days prior to the day of charter.
Charterer understands that payment is to be collected in total (Full booking price and deposit) when a trip is requested within 14 days of the charter date.
PROVISION ORDERS
Provision orders requested directly from CYM will need to be placed at minimum 72 hours prior to the day of charter.
Please advise, if the Charterer orders provisions direct from CYM or provides their own, the Charterer will be held fully responsible for the provision order if a charter is to be canceled. Provisions orders are non-refundable in the event of a cancellation for any reason.
