IMPORTANT NOTICE: The AGENT agrees to keep the boats fully insured against fire, damage, marine collision, risk, hazards of the voyage, including engine, hull and vessel equipment for the term of the charter period. During the charter period and any extension thereof the CHARTERER is responsible for HIS/HER OWN LIABILITY INSURANCE for coverage as regards the aforementioned negligence.
DIVING AND SWIMMING: AGENT and insurance underwriters of the boats accept NO RESPONSIBILITY OR LIABILITY for accidents, injuries or death due to swimming, snorkeling or the use of scuba equipment, or any other water sports equipment, whether or not it is supplied by AGENT or CHARTERER. The CHARTERER assumes all responsibility for any damages resulting from any injury, death or property damage. This includes but is not limited to damage caused to protected marine life as a result of grounding or anchoring, or any other claim of any nature that may arise during the CHARTER PERIOD or at any time thet the boats are in the custody or under the control of the CHARTERER. Therefore, the CHARTERER further agrees to indemnify the AGENT and the boats against any claims that may arise from any injury, death or property damage aforementioned.
NO DRUGS OR CONTRABAND: CHARTERER agrees not to allow any passenger or other party to board the VESSELS carrying any illegal drugs or contraband, whether in their possession or in their baggage or stores, at any time during the CHARTER PERIOD.
ARBITRATION AND LITIGATION: CHARTERER agrees that any controversy or claim arising out of, or relating to, this agreement, or breach thereof, shall be settled by arbitration in accordance with the rules of The American Arbitration Association and that said arbitration is to be held in Miami-Dade County, Florida, unless another location is mutually agreed upon. Any litigation arising out of,or in any way related to this agreement or charter will be heard in Miami-Dade County, Florida, according to the laws of the State of Florida.
CHARTERER hereby appoints the Secretary of State of Florida as his/her agent to receive Service of Process in the event that suit is filed by AGENT against CHARTERER. AGENT and CHARTERER specifically agree that in the event of arbitration or litigation the losing party will pay the reasonable attorney’s fees of the prevailing party.
IN AGREEMENT HEREOF: The parties agree that this is the entire agreement between the parties and that any modification thereof must be mutually
agreed upon in writing and signed by both parties.
NOTE: It is a good idea to get group insurance. Lisa Blomberg at indianrivertravel.com can help you with this group insurance (email: lisa[at]indianrivertravel[dot]com. She knows exactly what it takes but people can also inquire to their own travel agent.