• Master/ Captain/Guide Hiring Agreement
  • This Daily Charterer Master/ Captain/Guide Hiring Agreement (The "Agreement") is entered into as of
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  • (DATE) and between (PRINT NAME)
  • , hereinafter called the ("Master/Captain/Guide "), And (PRINT NAME)
  • Vessel Name
  • (hereinafter called the "Charterer").
  • 1.   Charterer : At charterer's own free will, choosing of available list of options, and without obligations, requirements, or recommendations, Charterer agrees to enter into agreement

  • to hire and pay for the services of said Master/ Captain/ Guide for the period starting on
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  • DATE until the period ending on
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  • 2.   Independent Business Relationship : The said parties agree and understand that Master/ Captain/ Guide is an independent contractor. The Agreement between Master/Captain/Guide/Yacht Owner and charterer does not create an employee/employer relationship, agency, partnership, or joint venture between Master/ Captain/Guide/ Yacht Owner and Charterer. Master/ Captain/Guide has no authority (expressed or implied) to bind Charterer to any obligation.

    3.   Service Fees : Yacht Owner agrees to pay Master/Captain/Guider in USD the agreed amount disclosed between parties for services rendered upon execution of the daily agreement.

    4.   Duties : Master/ Captain/Guide agrees and understands that the duties of the Master/ Captain/Guide shall be directed and controlled solely be the Charterer. The Master/ Captain/Guide of the vessel shall serve at the discretion of the Charterer. and or any other in charge of the vessel.

    5.   Representation and Warranty : Master/ Captain/Guide represents and warrants that he/she is USCG certified and or equivalent certification and fully qualified to operate vessel in the Caribbean waters without restrictions of any kind within maritime laws.

    6.   Entire Agreement : This writing contains the full essence of the Agreement between the parties hereto, and there are no other representations or understandings, either verbal or written between the two parties.

    7.   Choice of Law; Jurisdiction : This Agreement shall be governed by the laws of Saint Thomas of the United States Virgin Islands. Any legal action or proceedings arising under this Agreement or in any way related to the Master/ Captain/Guide and the Charterer participation in the daily activities may be initiated only in the state and federal courts located in Saint Thomas of the United States Virgin Islands. Master/ Captain/Guide and Charterer irrevocably consents to the jurisdiction of such courts and agrees that venue will be proper in any such court.

    8.   Indemnification and Release : Master/ Captain/Guide and Charterer are is fully responsible for their own actions, representations, or any other occurrences that would take place during the execution of this said Agreement. Master/ Captain/Guide and Charterer shall indemnify and release and hold harmless, Vessel Owners, Nautical Trips, employees, consultants, volunteers, agents and all others associated directly or indirectly, from any and all liability, including but not limited to, judgements, civil penalties, refunds, attorney's fees, court costs, and/or lost business incurred.

    9.   Miscellaneous : (a) This Agreement may not be amended except in writing signed by all parties. No waiver by any party of any right under this Agreement will be construed as a waiver of any other right. If a court finds any provision of this Agreement is invalid or unenforceable as applied to any circumstance, then the remainder of this Agreement is binding on the successors and assigns of the parties. In the event of any action, suit, or proceeding arising from or based upon this agreement, the prevailing party shall be entitled to attorney fees. (b) This Agreement shall be binding upon the Charterer and Master/ Captain/Guide only when it has been signed by the Charterer and Master/ Captain/Guide. < p>

    The parties agree to the foregoing terms and conditions and have executed this Agreement on the date signed.

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  • GENERAL RELEASE OF ALL CLAIMS
  • This Release is made this
  • day of by the undersigned (the "Releasor, "Operator," and/or "Other Person(s)")
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  • FOR GOOD AND VALUABLE CONSIDERATION, AND IN CONSIDERATION OF Releasor's, Operator's, and/or Other Person(s) participation in activities on or in the water that can be dangerous, including, but not limited to, boating, swimming, snorkeling, scuba diving, water sports, diving, drinking alcohol, waterskiing, wake boarding, dancing and other activities related to chartering or renting a vessel from Nautical Trips including, but limited to activities in or aboard or around the vessel being chartered or rented such as, getting to and from the vessel by dinghy, eating and drinking during the charter, sun exposure and participating in recreational activities before, during or after chartering the vessel (collectively, "boating Activities"),

  • Releasor, Operator, and/or Other Person(s) acting for himself or herself and his or her spouse, children, legal representatives, heirs, agents, insurers, successors and assigns (collectively, the Releasors, Operators, and/or Other Person(s)"), hereby releases, waives, and forever discharges any and all claims that releasors, Operators, and/or Other Person(s) may have or ever had or will have against Nautical Trips and its present and former members, agents, employees, officers, directors, family, shareholders, affiliates, parents corporations, subsidiaries, representatives, attorneys, successors in interest, predecessors in interest, and assigns wrongful death arising out of or relating to the Boat Activities and to

  • the Rental or Charter Agreement between Nautical Trips and the Releasor, Operator, and/or Other Person(s) dated
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  • (the "Agreement") and the use, operation, and condition of the vessel or equipment covered by such Agreement.
  • This Release, waiver, and discharge applies to all and any persons such as but not limited to Independent Contractors, Captains, First Mates, Deck Hands, Guides, and other Crew members or persons performing activities such as but not limited to cleaning, maintenance, repair, and/or other tasks on or near any vessel on any day or at any time during the term of this agreement and not limited to boating Activities.

    Releasors, Operators and/or Other Person(s) associated with this Release, waiver, and discharge are aware that Boating Activities and/or but not limited to other activities associated with a boat or vessel and inherently dangerous activities and are voluntarily participating in these activities with Knowledge of the danger involved. Releasors, Operators and/or Other Person(s) acknowledging this Release hereby assume full responsibility for the risk of bodily injury, death, property damage, or acts of God arising out of or relating to Boating Activities or other activities whether caused by the negligence of Releases or otherwise.

    This excursion or activity may involve certain inherent risks, including death and personal injury. I have not relied on any statements of the ticket seller or resort in selecting this excursion or activity. I agree, the ticket seller or resort is not responsible for, and has no control over, the actual operation of this excursion or activity. In consideration for participating in this excursion or activity, I hereby irrevocably and permanently release any and all claims of any kind or nature whatsoever, including but not limited to claims for personal injury, death, loss, damage or delay, against any resort involved in my travel and entity selling tickets to this excursion or activity. I and everyone in my part meet any age or health restrictions for this excursion or activity.

    This Release, Waiver, and discharge applies to any and all manner of actions and causes of action, suits, debts, obligations, chases in action, contracts, covenants, warranties, claims, sums of money, judgements, demands, damages, and rights whatsoever in law or equity, which have or may accrue in favor of any one or more of the Releasors, Operators, and/or Person(s) against any one or more or the Releases, by reason of any facts or circumstances, known or unknown, suspected or unsuspected, or which may hereafter arise as a result of the discovery of new and/or additional facts, including, without limitation, those arising out of, on account of, based upon, or in any way relating to Boating Activities or other activities, the Agreement or the vessel or equipment covered by the Agreement. Releasors, Operators, and/or Person(s) expressly waive

  • CHARTER GUESTS PLEASE SIGN A BOX BELOW, AS WELL AS DATE
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