Sun and Sand Charters

Waiver and Terms of Service

This agreement (the "Waiver") is entered into by the undersigned (the "Customer") for participation in boat charters provided by Sun and Sand Charters (the "Company"). By signing this Waiver, the Customer acknowledges and agrees to the following terms and conditions:

1. Assumption of Risk and Liability

The Customer acknowledges and agrees that participation in the boat charter involves inherent risks, including but not limited to, personal injury, property damage, drowning, or loss of life. The Customer voluntarily assumes all risks associated with the boat charter, whether or not caused by the negligence or fault of the Company or its employees, agents, or affiliates.

The Customer hereby agrees to hold Sun and Sand Charters, its officers, employees, contractors, agents, and affiliates harmless and indemnify them from and against any and all claims, actions, damages, or liabilities arising from participation in the charter, including legal fees or costs.

2. Prohibited Items

To ensure the safety and enjoyment of all guests, the following items are strictly prohibited aboard the vessel:

• Drugs: No illegal drugs or controlled substances are permitted. Use or possession of drugs may result in immediate removal from the vessel and notification to local authorities.

• Firearms and Weapons: No firearms, ammunition, or other weapons of any kind are allowed on board.

• Spray Tan Lotions: To protect the boat's interior, no spray tan or bronzing lotions may be used or brought aboard.

• Red Wine: Red wine is strictly prohibited to avoid stains and damage to the boat. Only white wine or clear drinks may be consumed.

• Glass Containers: To prevent breakage and injury, no glass bottles or glassware are permitted on board.

3. Conduct on Board

The Customer agrees to:

• Follow all instructions given by the Captain or crew members.

• Refrain from engaging in reckless behavior, including excessive drinking, jumping overboard, or interfering with the operation of the boat.

• Not participate in any activity that may jeopardize the safety or enjoyment of other guests or crew members.

• Respect the rights of other passengers and the boat crew.

4. Life Preservers for Children

In accordance with Florida law, all passengers under six (6) years of age are required to wear a properly fitted life preserver (personal flotation device, PFD) while aboard the vessel. The Company will provide life preservers for children, and it is the responsibility of the Customer to ensure that the life preserver is worn at all times during the charter.

5. Cancellation and Refund Policy

All charter reservations are subject to the following cancellation policies:

• Cancellations made 48 hours or more prior to the charter will be eligible for a full refund.

• Cancellations made less than 48 hours before the charter may result in a charge of up to 100% of the booking fee.

• The Company reserves the right to cancel or reschedule charters due to adverse weather conditions, mechanical failure, or other unforeseen circumstances. In such cases, a full refund or rescheduling option will be provided.

6. Medical Emergencies

In the event of a medical emergency during the charter, the Customer authorizes the Company and its crew to seek appropriate medical treatment for the Customer if necessary. The Customer will be responsible for any medical expenses incurred.

7. Arbitration Agreement

By signing this Waiver, the Customer agrees that any dispute, claim, or controversy arising out of or relating to this Waiver, the boat charter, or any alleged breach of the terms and conditions, shall be resolved through binding arbitration rather than through litigation in a court of law.

• Arbitration Procedure: The Customer and the Company agree to submit any disputes to binding arbitration under the rules of the American Arbitration Association (AAA). The arbitration shall take place in the county where the Company is based, unless otherwise agreed by both parties.

• Arbitration Fees: The prevailing party in any arbitration shall be entitled to recover its costs, including reasonable attorney's fees, unless the arbitrator rules otherwise.

• No Class Actions: The Customer agrees that any claims or disputes shall be resolved on an individual basis, and that no claim shall be brought as part of a class action or similar proceeding.

• Final and Binding: The decision and award rendered by the arbitrator shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction.

8. Governing Law

This Waiver shall be governed by and construed in accordance with the laws of the state in which the charter takes place, without regard to its conflict of law principles. Any disputes not subject to arbitration will be adjudicated in the appropriate court of that state.

9. Acknowledgment of Understanding

By signing below, the Customer acknowledges that they have read, understood, and voluntarily accept the terms of this Waiver and Terms of Service, including the life preserver requirement for children under six years of age, the arbitration clause, and all other terms. The Customer further acknowledges that they have had the opportunity to ask questions about the Waiver and that they fully understand the risks and responsibilities involved.