TERMS AND CONDITIONS

OWNER SHALL:
1. Deliver the charter vessel to the agreed-upon charter base, clean and in full commission.
2. Provide a competent skipper if so requested, at charterer’s expense, if so available.
3. Refuse to allow the departure of the vessel if the charterer is not competent in any way to captain the vessel.
4. Perform the charter in accordance with the briefing sheet which is incorporated herein.
5. Give charterers a credit certificate for use on future charters if there is a delay in delivery of the vessel of more than 24 hours or the charter is cancelled by FREE SPIRIT YACHTING LLC.
6. Place charterer on a comparable vessel should the originally booked vessel be unavailable due to causes out of FREE SPIRIT YACHTING LLC. control.
7. Reserve the right to recall the vessel to the base upon the forecast or occurrence of severe weather. A credit certificate for use on future charters or the charter may be extended, subject to vessel availability. lf charterer elects to prematurely end the charter, the charter is deemed cancelled and the cancellation policy will be followed.

CHARTERER SHALL:
1. Inspect the vessel upon delivery. Acceptance of the vessel upon delivery constitutes full performance by the Owner
2. Not hold Owner liable for any refund of charter fees or costs, including travel expenses, should the charterer cancel the charter.
3. Pay any additional running expenses not included in charter price.
4. Indemnify and hold thee owner, its insurers, affiliates and employees harmless for any death or injury arising from swimming, windsurfing, kayaking, the use of dinghies, snorkels, masks, or any other equipment such as scuba equipment the abuse of drugs, the consumption of alcohol, unauthorized night sailing, or cruising in areas designated hazardous. The Charter is responsible for ensuring all members of the party attend safety briefing.
5. Use the vessel for pleasure only. The vessel shall not transfer merchandise or carry passengers for pay without the prior written consent of the Owner. Charterer shall not assign this agreement or subchapter without prior written consent of the owner.
6. Comply with all laws and regulations of the U.S. or any other government within jurisdiction in which the vessel may be at the time.

GENERAL PROVISIONS
1. The owner cannot be responsible or liable for loss, damage or theft of personal luggage or belongings. Please check with your insurance agent prior to departure to make sure you are adequately covered for any eventualities.
2. All passengers with the exception of any skipper or chef provided by the owner or its affiliates are considered guests of the charterer.
3. Should either party to this agreement violate any provisions of this agreement or enter into any proceedings to enforce the terms of this agreement, the prevailing party shall be entitled to recover from the other all legal fees and costs that may be incurred, including any fees and costs associated with court-ordered mediation and arbitration or appellate proceedings.
4. This agreement cannot be modified without the written consent of both parties hereto, and the failure of either party to insist upon strict compliance with the terms set forth herein shall not be deemed a waiver of any such party’s rights hereunder.
5. This agreement shall be construed and interpreted in accordance with the laws of the state of Florida, with the exception of any admiralty or maritime claims, which shall be construed under the maritime and admiralty laws of the United States. The venue for any proceedings hereunder shall lie in Miami-Dade County or the United States District Court for the Southern District of Florida, Miami Division.
6. This agreement constitutes the entire agreement between the parties and supersedes all prior understandings and agreements to the extent inconsistent herewith. No representations or warranties not set forth herein have been offered to or made to any party as an inducement into these agreement & all negotiations are merged herewith.

IN WITNESS WHEREOF, the parties hereto have executed these presents as of the date written below.