Sail NY See New York from the deck of a sailboat

Yacht Charter Agreement, Indemnity and Waiver
Catamaran Cruise Club, Inc.
t/a SailSeeNY.com
126 Dudley St. #201
Jersey City, NJ 07302
(201) 360-0759
Toll-free: 1-877-SAILNYC
info@CatamaranCruiseClub.com

Catamaran Cruise Club, Inc. is pleased to provide you and your guests an unforgettable pleasure cruising excursion in and around New York Harbor, The Hudson River, East River, south to Verazzano Bridge, North to George Washington Bridge, and more.

This letter describes the do’s and don’ts for a Catamaran Cruise Club, Inc. (“SailSeeNY”) yachting charter on these routes. If you have any questions, ask your Captain or call us at 1-877-SAILNYC.

Charter Client’s Name (print): __________________________ 18 or older: Yes___ No___
Address: _____________________________________
City: _________________________________________
State: _______ Zip Code: _____________
Telephone: _________________________________
Email: ________________________________

Tipping captains and crew is customary, and typically ranges from 15-20% of the charter fee.

Full boaters are happy boaters, and we want you to enjoy yourselves. We will be supplying “cracker & vegetable” trays along with non-alcoholic beverages. Catering for the cruise is available, and can be ordered by the Client at an additional price. You can also bring your own food and beverages. Alcoholic beverages (wine and beer), however, are to be consumed in moderation and are not to be consumed by anyone under the age of 21 years old.

The ZERO Tolerance Policy does not permit the boarding and consumption of hard alcohol. We have plates, glasses, flatware, napkins, bottle openers, cork screw, ice, sodas, juice and bottled water. We provide a cooler stocked with ice and a sink.

Other Charter Guests/Passengers: SailSeeNY reserves the right to require all passengers to read and sign this Charter Agreement.

Check out the weather ahead of time and dress for the occasion by bringing extra, comfortable clothing, and rain gear if needed. We recommend wearing rubber-soled shoes, sneakers or deck shoes, a jacket for the evening cruises and sun screen. Flip-flops are not recommended.

We encourage people of all ages to come aboard and enjoy the thrill of boating. Children under 12 will be required to wear Life-jackets, and remain under strict supervision of their parents or guardians. Sorry, but we cannot allow pets on our boats. We love our furry friends, but we have learned the hard way, that boats are often uncomfortable for our four-legged friends.

Our Captain will do his best to ensure that all charters meet your expectations from the scheduled time of departure to arrival back at the dock. However, you should expect that cruises may be shortened, layovers may be necessary, or delays may occur due to weather and other factors beyond our control. We will make every reasonable effort to honor any client request for a delayed departure or early return as long as it does not affect other scheduled charters and other passengers. At the time of the cruise, if the Client requests and the Captain accepts a deviation from the original charter itinerary, there may be additional charges incurred which will be payable and due at the end of the charter.

Weather is part of the cruising experience – both the good and bad days, and we must respect Mother Nature. The Captain makes the final determination whether or not to depart, layover or terminate a cruise. SailSeeNY has no liability or responsibility for delays, cancellations or failure to furnish services when caused by Acts of God, inclement weather, rough seas, storm warnings, lightening, thunderstorms, heavy fog, very strong winds, government orders, labor disputes, legal prohibitions, third-party interferences, or any other causes beyond the control of our Captain or SailSeeNY. When possible, cancelled charters will be rescheduled. If this cannot be done due to time or other constraints, any deposits will carry over to the following year or we will provide a full refund, only if cancellations are received at least 7 days prior to the charter date.

In addition, the Captain shall have the right, in the Captain’s sole discretion, to cancel/terminate any charter without refund for any of the following reasons: intoxicated passengers, unconsciousness, injury or aggravation of previous injury, illegal drug use, unruly or reckless behavior, perceived risk or threat to the operation of the boat or to others, criminal act or violation of local law and boating regulations, or behavior that distracts the Captain or Crew from their
duties.

While the Captain is responsible for all matters relating to the navigation, operation and maintenance of the vessel during the charter, passengers are responsible and liable for their own safety, baggage, personal belongings, and activities while waiting for departure, during boarding, and during and immediately following the cruise, including but not limited to, diving off the boat, fishing or swimming, walking the boat docks and boat ramps. All passengers must comply with the Captain’s instructions at all times, and the applicable laws and boating rules. For instance, and only as one example, when the Captain requests or directs that all passengers must sit down in their designated seats, passengers must obey the Captain’s request (no mutinies, extreme sport stunts, or back-seat captains please). The only person allowed on the aft swim platform will be the SailSeeNY crew or 1st Mate unless specified by the Captain.

Without exception, firearms, knives, explosives, contraband, illegal drugs, and escaped prisoners are prohibited by SailSeeNY and will not be allowed on board our boat. SailSeeNY represents that it is in compliance with all applicable U.S. Coast Guard regulations for required safety equipment, and maintaining the vessel in safe operating condition.

SailSeeNY has a ZERO TOLORANCE Policy that prohibits drugs and hard alcohol. SailSeeNY is a Non- Smoking cruise.

Indemnity

The Client (jointly and severally if more than one Client) indemnifies and holds harmless Catamaran Cruise Club, Inc., its affiliates and each and all of their respective managers, owners, officers, directors, employees, legal representatives and other agents, successors and assigns (together referred to as the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, injury, death, penalties, costs and expenses (including, but not limited to, attorneys fees and court costs) (collectively referred to as “Covered Damages”) on account of each, any and every claim, suit, action, demand, proceeding or anything of a similar nature made or brought against any of the Indemnified Parties arising out of or alleged to have arisen out of the services performed on the Client’s behalf or pertaining in any way to the charter or cruise. In no event will SailSeeNY or any other of the Indemnified Parties be liable for any type of indirect, incidental or consequential damages or any Covered Damages, whether arising in contract, tort or otherwise, exceeding the amount paid for the charter. Further, the Client indemnifies and holds harmless SailSeeNY and each of the other Indemnified Parties against any and all Covered Damages, incidental and consequential damages incurred by or claimed due from any of the Indemnified Parties by reason of any action or omission of the Client, its employees, agents, family, or guests.

The Client agrees to pay and be held fiscally responsible and liable for any damage or loss (excluding normal wear and tear), to the charter vessel, dock, other vessels or any property of third parties, or SailSeeNY property, or property of any other of the Indemnified Parties caused by the Client, or any of its employees, agent representatives, guests, family members, or other guests of Client on board.

****PARTICIPATION IN OR ASSISTANCE WITH ANY CREW ACTIVITY, SWIMMING, DIVING AND ALL OTHER IN WATER ACTIVITY IS AT YOUR OWN RISK****

Your signature below warrants and represents your acknowledgement that you have read all of the foregoing and understand all terms, conditions and undertakings and your agreement to the terms and conditions for your cruising with Catamaran Cruise Club, Inc.

Agreed by: ____________________________ (Charter Client) Date: ____________

Agreed by parent or guardian if Charter Client is under 18 years old: _______________________