This Membership Agreement (the “Agreement”) is deemed effective as of the date of your acceptance and your first payment (the “Effective Date”) by and between LIFE IS BETTER ON A BOAT FL LLC, a Florida limited liability company (“Company”) and the undersigned (“Member”). In exchange for the mutual promises and covenants contained herein and Member’s admission to the BoatPass Club (“BoatPass”) and the benefits derived therefrom, the receipt and adequacy of which are acknowledged, the parties hereto agree as follows:
Admission to BoatPass and BoatPass Rules. This Agreement governs the relationship of the parties and upon execution will grant Member admission to BoatPass upon the terms and conditions contained herein and the BoatPass Membership Rules and Regulations, as may be amended from time to time (the “BoatPass Rules”) attached for reference as Schedule A, which forms an integral part of this Agreement. Member understands and agrees that the BoatPass Rules may be modified or amended at any time by Company, in Company’s sole discretion, without notice to the Member, although Company will use commercially reasonable efforts to notify Member of any changes. The latest version of the BoatPass Rules can be found in the Member’s Portal on the BoatPass website (www.BoatPassMiami.com), and in the event of a conflict between the BoatPass Rules and those posted on the Member’s Portal, the BoatPass Rules with the latest revision date (as identified on the BoatPass Rules) will govern and control. Member is solely responsible to ensure that he or she is aware of, and in compliance with, the BoatPass Rules. This Section 1 is a material inducement for Company to enter into this Agreement with Member.
Term. The initial term of this Agreement is one (1) month (the “Initial Term”). After the Initial Term, the Agreement will renew automatically in one-month intervals (each, the “Term”). The Initial Term will begin on the first day of the month following execution of this Agreement, but this Agreement will be deemed effective as of the Effective Date, meaning all Member’s obligations hereunder will become effective upon execution.
BoatPass Membership. Member is entitled to a monthly membership that includes a boat, a captain or crew, and gas for each trip. The membership fee covers one four-hour boat trip per month. Upon payment, Member will receive a pass that is valid for one four-hour boat trip within a given month (the “Pass”). Using that Pass, Member will be able to book his or her trip on the BoatPass website. Upon registering for the membership, Member will be able to choose the number of Passes he or she wishes to receive each month. BoatPass may offer the option to subscribe to one or more Passes per month, depending on the Member's preference. If Member wants to obtain more than one Pass per month, the price of the membership will be adjusted accordingly.
BoatPass Membership Categories. BoatPass may offer various membership categories based on size of boats, number of guests allowed, whether boats have bathrooms or not, and other parameters, which are subject to change. Each membership category comes with a set price per month. Member may choose his or her preferred category when signing up for a membership.
Membership Fees. Upon signing this Agreement, Member shall begin paying monthly payments for the membership category selected by Member, which will be billed automatically until membership is terminated (“Membership Dues”).
Time for Payments. The first payment of Membership Dues is due on the date the Member signs this Agreement and will thereafter be billed monthly on the same day each successive month until cancelled (or on the last day of the month if such date does not exist in a certain month). Member authorizes Company to automatically charge the credit card on file for Membership Dues or other charges incurred by Company on behalf of Member.
Failure to Make Payments. Upon Member’s failure to make any payment when due under this Agreement, Member’s admission to BoatPass will be suspended automatically until such Member makes payment, and Member will no longer be deemed in good standing.
Good Standing. Member is required to maintain Good Standing throughout the Term. “Good Standing” means Member is current on all Membership Dues, all other payments that may be due and payable hereunder are paid, and is not in violation of or has not violated (as the case may be) any of the BoatPass Rules. If Member is not in Good Standing, he or she will be limited to using any accumulated Passes during the month in which he or she became a member not in Good Standing and in no future months if Member has not returned to Good Standing before the end of the month. By way of example and not of limitation, if a member (who is subscribed to one Pass per month) is not in Good Standing on the fifth month of membership for failure to pay Membership Dues and has not yet used any Passes, such member will have accrued five (5) Passes, but will only have until the end of the fifth month to use such Passes, and if such member fails to become a member in Good Standing before the end of such month, he or she will no longer be able to use his or her Passes in a subsequent month and will forfeit any remaining Passes.
Membership Category Changes. Member may choose to change his or her BoatPass membership category, subject always to Company’s prior written approval and the availability of such membership category. If Member wishes to change the membership category, he or she must contact Company by email at email@example.com. When changing the membership category, any unused Passes held by Member will be converted to the new category. If Member upgrades the category, Member will be charged the difference in price for each converted Pass. If Member downgrades the category, there will be no refund or reimbursement. For example, if the original category price is $699 per month and the new category price is $899 per month, a one-time charge of $200 will be made per Pass converted to the new category. These converted Passes can then only be used to book trips within the new category.
Termination and Cancellation.
Termination by Company. Upon Member being deemed not in Good Standing, such Member must become a member in Good Standing within fifteen (15) days of the date he or she was deemed not in Good Standing or this Agreement will terminate, Member’s privileges in BoatPass will be revoked, and any accumulated Passes (as defined in the BoatPass Rules) will be unusable until Member executes a new version of this Agreement and returns to Good Standing.
Cancellation by Company. Company may, for any reason, cancel the membership of any Member at any time, in which case any unused Passes and paid add-ons (if applicable) will be reimbursed to their original form of payment.
Cancellation by Member. Member is allowed to cancel the membership any time for any reason. If Member cancels the membership, any unused Passes and paid add-ons (if applicable) will be forfeited.
Taxes. Taxes imposed by any governmental authority, including federal or state income taxes but excluding state and local sales tax relating to Member’s admission to BoatPass or use of BoatPass Property is the sole responsibility of Member. Member agrees to indemnify, defend, and hold Company harmless for any taxes charged to Company in respect of the Member’s admission to BoatPass or connection with Company’s performance under this Agreement.
Assignment. Membership in BoatPass is of a personal and unique nature, and therefore Company has sole discretion on whether to allow admission of any Member to BoatPass. In consideration of the foregoing, Member may not assign his or her rights or obligations under this Agreement to any other party without the express written consent of Company. Any assignment in violation of this section will be deemed null and void and of no force and effect. Company may freely assign this Agreement without the consent of Member.
Supremacy of BoatPass Rules. By signing this Agreement, Member acknowledges receipt of the BoatPass Rules and agrees to their terms, as may be amended from time to time, including instances where changes are made without notice to Member. If any terms of the BoatPass Rules conflict with the terms of this Agreement or any other Agreement entered into between Company or its Affiliate(s) in connection with Member’s membership in BoatPass, the BoatPass Rules will govern and control.
Confidentiality. Member agrees to keep all information regarding other BoatPass members, the terms of this Agreement, and the BoatPass Rules strictly confidential, except for those matters publicly known, as required to share with his or her tax and legal advisors, and in connection with any legal proceeding before a court of competent jurisdiction. In the event Member violates this provision, Member agrees that the damage caused by such breach would be irreparable and difficult to quantify and Company will be entitled to equitable relief including seeking a preliminary or permanent injunction without the need to post a bond. This provision will not give Member a private right of action against Company, nor any other member of BoatPass and no other party, including other BoatPass members who are third-party beneficiaries of this section.
Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the State of Florida without regard to its principles of conflicts of laws. The parties hereby irrevocably submit to the exclusive jurisdiction of the State and Federal Courts located in Miami-Dade County, Florida, and the parties consent to the exclusive jurisdiction of such courts and waive any challenge they may have to personal jurisdiction, venue, or inconvenience of forum that may otherwise be available. In any dispute arising out of or relating to this Agreement, the prevailing party will be entitled to its reasonable costs and attorneys’ fees through trial and all levels of appeal.
Release of Photos and Videos for Marketing Purposes. Member and their guests hereby grant Company and the Boat Owner, including their successors and assigns (the “Released Parties”), the perpetual, irrevocable, and unrestricted right to use, reproduce, distribute, publish, display, and create derivative works from any photographs, videos, or other media materials taken or received during the boat trips, on social media or any other platform featuring the Member and/or their guests (the “Media Materials”). Member and their guests acknowledge and agree that the Released Parties may use the Media Materials for any lawful purpose, including but not limited to marketing, advertising, promotion, posting on social media platforms, and inclusion on Company’s website, without any compensation, attribution, or further consent from Member or their guests. Member and their guests hereby release, discharge, and hold harmless the Released Parties from any and all claims, liabilities, or damages arising from or related to the use of the Media Materials as described in this clause.
Entire Agreement. This Agreement, including the BoatPass Rules and any exhibits thereto, constitutes the complete and exclusive statement of agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, whether written or oral, of the parties. Each party represents and warrants to the other that it has relied on no representation or promise, written or oral, made by the other party, except as expressly set forth herein.
Modification. This Agreement may not be amended orally or modified except by an instrument in writing signed by the parties, and no modification, amendment, or attempted waiver of any of the provisions of the Agreement will be binding unless in writing and signed by the parties.
Waiver. If, in one or more instances, either party would fail to insist that the other party perform any of the terms of this Agreement, such failure will not be construed as a waiver by such party of any past, present or future right granted under this Agreement, nor in any way affect the validity of this Agreement or such party’s right thereafter to enforce any provision of this Agreement, but the obligations of both parties under this Agreement will continue in full force and effect. To the extent permitted by applicable law, (a) no claim or right arising out of this Agreement can be discharged, in whole or in part, by a waiver or renunciation of the claim or right except in writing and signed by the party to be charged, (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given, and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party, or of the right of the party giving such notice or demand to require the other party, to take further action without notice or demand as provided in this Agreement.
Notices. All notices, requests, demands, and other communications under this Agreement to or upon a party hereto will be in writing and will be deemed duly delivered or made upon personal delivery, or delivery by recognized commercial carrier, with proof of delivery retained to the addresses below.
Interpretation. The parties, having had opportunity to consult independent legal counsel of their choice, agree that no rule of construction or interpretation will apply for or against any party by virtue of their authorship of any provision of this Agreement.
Severability. The parties intend that this Agreement be carried out to the fullest extent permitted. If any provision of this Agreement is held legally invalid or unenforceable, such event will not render invalid or unenforceable any other portion of this Agreement and the remainder of this Agreement will remain in full force and effect and will be read as though the invalid or unenforceable portion were omitted, provided that such reading will not materially frustrate the intent of the parties, as evidenced in this Agreement. This provision will not preclude a court of competent jurisdiction from refusing to sever any portion of this Agreement if severance would be inequitable to one of more of the parties. If, in any action before any court or agency legally empowered to enforce this Agreement, any term, restriction, covenant or promise in this Agreement is found to be unenforceable, then such term, restriction, covenant or promise will be deemed modified to the extent necessary to make it enforceable by such court or agency.
Force Majeure. Company will not be liable for any failure to perform under this Agreement if such failure is occasioned by a contingency beyond its reasonable control, including acts of terrorism, strikes or other labor disturbances, lockouts, riots, wars, fires, floods, storms, pandemics, civil authority, or government orders (each a “Force Majeure Event”).
Survival. Any provision of this Agreement which logically would be expected to survive termination or expiration shall survive termination or expiration of this Agreement.
Headings. Headings are included solely for convenience of reference and if there is any conflict between headings and the text of this Agreement, the text will control. Whenever the masculine, feminine or neuter gender is used inappropriately in this Agreement, this Agreement will be read as if the appropriate gender was used. Unless the context requires otherwise, the term “including” means “including but not limited to.”
Remedies. Unless otherwise stated herein, the rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by any party will not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement will not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.
Limitation of Damages. In any action or legal proceeding of any kind brought by Member against Company for any alleged negligence or any other form of misconduct or breach of this Agreement including the termination of the Member’s membership interest for any reason (including a Force Majeure Event), in no case will Company’s liability exceed the amount of such money paid under this Agreement, which will serve as a limitation on any damages claimed by Member.
JURY TRIAL WAIVER. THE PARTIES HAVING EACH BEEN APPRISED OF THEIR RIGHT TO TRIAL BY JURY AND HAVING EACH HAVING HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF THEIR CHOICE, HEREBY KNOWINGLY AND IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY.
By selecting the “Accept Terms and Conditions” box when checking out, you accept this Agreement and the BoatPass Rules, which will indicate that you have read this Agreement in its entirety including the BoatPass Rules, are entering into this Agreement with sufficient understanding of your rights and responsibilities, and agree to be bound by the terms of this Agreement and the BoatPass Rules.
These BoatPass Rules set forth the benefits of BoatPass membership and the rules governing BoatPass Members.
Failure to abide by the BoatPass Rules may result in suspension or revocation of your BoatPass membership.
Revised April 19, 2023
“Affiliate” means an entity under common ownership or control of the beneficial owner of Company.
“Agreement” means that certain Membership Agreement entered into between Member and Company for admission to BoatPass.
“Business Day” means the days that banks are open for business in Miami, Florida.
“Calendar” means the online calendar and booking system located on the BoatPass Website utilized by BoatPass Members to make reservations of BoatPass Property.
“BoatPass” means BoatPass Club, a boat charter club offering Passes-based membership and other amenities.
“BoatPass Fees” means any payment or other obligations of a BoatPass Member under the Agreement or these BoatPass Rules.
“BoatPass Member(s)” or “Member(s)” means the member(s) of BoatPass.
“BoatPass Membership Category” means one or several Categories of membership in BoatPass, conferring benefits on the BoatPass Members as set forth by Company.
“Pass(es)” means the currency of BoatPass earned by a Member according to a Member’s BoatPass Membership Category that are redeemable by a BoatPass Member for the use of BoatPass Property.
“BoatPass Property” means any BoatPass Vessels or other property owned by Company or an Affiliate and extended for use by the BoatPass Members.
“BoatPass Rules” means these Rules and Regulations, as amended from time to time.
“BoatPass Vessel(s)” means those certain motor yachts or motor vessels under Company’s or an Affiliate’s management or control and extended for use by the BoatPass Members.
“BoatPass Website” means the BoatPass’s website located at www.BoatPassMiami.com.
“Good Standing” means a BoatPass Member who is current on all BoatPass Fees and in compliance with the BoatPass Rules.
“Company” means LIFE IS BETTER ON A BOAT FL LLC, a Florida limited liability company.
“Member(’s) Portal” means the section of the BoatPass Website available only to BoatPass Members.
“Membership Dues” means a BoatPass Member’s monthly payments due to Company under the Agreement.
“Use Period” means the time period a BoatPass Vessel is requested to be, or is, reserved by a BoatPass Member.
2. BoatPass Membership
2.1. Applications for BoatPass Membership
All applications for BoatPass membership shall:
a. require joining the waitlist through the BoatPass Website (if applicable);
b. require an invitation by BoatPass to sign up when spots are available;
c. require acceptance of all terms of the BoatPass’s Membership Agreement;
d. be accompanied by payment of the Membership Dues; and
e. be subject to the approval of and acceptance by Company.
2.2. Nature of BoatPass Memberships
All BoatPass memberships shall:
a. be non-transferable, except in accordance with these BoatPass Rules;
b. be one (1) of any available BoatPass Membership Categories (although, the same person may purchase BoatPass memberships in more than one category); and
c. each BoatPass Membership Category carries privileges specific to that Category of membership.
Company may from time to time create new BoatPass Membership Categories on such terms and under such conditions as Company may determine and may also close (and subsequently re-open) any BoatPass Membership Category whenever Company deems appropriate, in Company’s sole discretion.
BoatPass Members’ rights, benefits and privileges may differ depending not only on the BoatPass Membership Category, but also the time at which the BoatPass Members become BoatPass Members.
2.3. BoatPass Membership Categories
BoatPass has membership categories, which vary in cost, the benefits provided to each member, and the availability of each category is limited by the amount of other members of BoatPass to promote the enjoyment of all members. Below are the categories of membership offered by BoatPass currently, which may be changed at any time by the BoatPass Manager without notice. Each category’s price includes one (1) Pass per calendar month. Depending on the membership category, the Pass can be Silver, Gold, or Platinum. Depending on Member’s preference, Member may choose to subscribe to one (1) or more Passes (if available at that time) per calendar month with the corresponding increase in the membership price.
A. SILVER MEMBERSHIP - Silver membership allows Member to charter a 25-32-foot boat with seven (7) passengers maximum.
B. GOLD MEMBERSHIP - Gold membership allows Member to charter a 32-40-foot boat with ten (10) passengers maximum.
C. PLATINUM MEMBERSHIP - Platinum membership allows Member to charter a 40-50-foot boat with thirteen (13) passengers maximum.
Company may amend the criteria and requirements, including the number of BoatPass Members who may qualify for each BoatPass Membership Category from time to time.
2.4. BoatPass Membership Category Changes
BoatPass Members may have the option (based on availability, and subject to Company’s approval) to change their BoatPass Membership Category. If Member wishes to change the membership category, he or she must contact Company by email at firstname.lastname@example.org. When changing the membership category, any unused Passes held by Member will be converted to the new category. If Member upgrades to a more expensive category, Member will be charged the difference in price for each converted Pass. If Member downgrades to a less expensive category, there will be no refund or reimbursement. For example, if the original category price is $699 per month and the new category price is $899 per month, a one-time charge of $200 will be made per Pass converted to the new category. These converted Passes can then only be used to book trips within the new category.
3. BoatPass Fees
3.1. Membership Dues
BoatPass Members are obligated to pay Membership Dues monthly. These dues provide the fuel to run BoatPass from year to year, and covers expenses which may include, but not be limited to, staff costs, costs related to BoatPass Vessel upkeep and maintenance, utility costs, insurance, guest and operating supplies, applicable taxes, the operation of the Member Portal and its reservation and IT platforms, and so on.
The first month’s Membership Dues are due when the Member signs up to the Membership. The following month’s Membership Dues will be automatically charged to the credit card on file that the Member used to sign up, and authorizes BoatPass to charge the Membership Dues on the same day each successive month until cancelled (or on the last day of the month, if such date does not exist in a certain month).
Failure to timely pay Membership Dues, within fifteen (15) days of the date which they are due will cause a Member to lose Good Standing with the BoatPass in accordance with Section 5.4.
3.2. Additional Fees
In addition to Membership Dues, the BoatPass Manager or its Affiliate may also separately charge BoatPass Members and their guests and visitors for Additional Fees. Additional Fees are those beyond the standard services provided by the BoatPass or with respect to a BoatPass Vessel, repair costs for damage to the BoatPass Vessel caused by a BoatPass Member or his guest or visitor, excessive use of fuel, etc., as well as fees for other elective services and amenities incurred by BoatPass Members or their guests or visitors. All charges of the BoatPass incurred by the BoatPass Member or guest of a BoatPass Member will be charged to that BoatPass Member via the credit card on file.
4. BoatPass Passes
4.1. Classification of Passes
Depending on the membership Category, a Pass can be used to book one (1) four-hour trip on BoatPass Vessels in the same membership Category. When a BoatPass Member makes a reservation, the number of Passes held by that BoatPass Member is automatically reduced by the number of Passes needed to use any BoatPass Vessel for that Use Period.
4.2. Accrual, Expiration, and Rollover of Passes
Passes accrue only after they are paid for. All Passes, regardless of BoatPass Membership Category, will not expire if unused and so long as the Member remains a Member and remains in Good Standing (i.e. if the Membership is cancelled, the Passes will expire). Any unused Passes will automatically rollover to the following month indefinitely, so long as the Member remains in Good Standing. If the Member falls out of Good Standing for fifteen (15) consecutive days, all existing Passes will expire and will be forfeited.
4.3. Purchasing Additional Passes beyond the Membership
BoatPass Members may purchase additional BoatPass Passes without affecting their Membership on the BoatPass website.
5. BoatPass Vessel Reservations
5.1. Passes Required to Use BoatPass Vessel
To use a Pass, Member must book a four-hour trip through the BoatPass website. Members can book longer trips by using two or three Passes, either by accumulating unused Passes from previous months, by being subscribed to more than one Pass per month, or by purchasing additional Passes. BoatPass will book a BoatPass Vessel in Member's membership category within or close to the Member’s preferred locations (as previously selected by Member).
To ensure high availability on the date they wish to book, Members are encouraged to book their trips more than seven (7) days in advance. The reservation of a BoatPass Vessel by any BoatPass Member must be made online through the Calendar pursuant to Member’s specific BoatPass Membership Category. BoatPass Members may reserve time for occupancy on the BoatPass Vessels to the extent allowed by the use of their Passes and BoatPass Membership Category, subject to the availability of BoatPass Vessels and subject to the following conditions:
a. Reservations must be made online by a BoatPass Member and only by using their own account.
b. BoatPass will honor reservations on a first-to-book-first-served basis, within the applicable BoatPass Membership Category prescribed booking windows and will confirm reservations by email or text message and assign each reservation. Company will not honor any reservation other than those confirmed in writing to a BoatPass Member.
c. BoatPass Vessels will be assigned by the BoatPass’s online reservation system to maximize Use Periods for all BoatPass Members. No particular BoatPass Vessel allocation is guaranteed, but BoatPass may offer an add-on where Member can specifically choose a vessel they desire, instead of being assigned any vessel within their category.
To optimize the use and enjoyment of BoatPass Vessels, a BoatPass Member should make reservations as early as possible, especially during holiday periods and school holidays.
BoatPass may at any point offer optional add-ons that Member can purchase for each booking, including but not limited to: extra guests, category upgrades, ice, water bottles, floating mats, additional hours for the trip, and others. Some add-ons may be available for inclusion as part of a membership subscription. To pay for add-ons, Member must do so on our website any time after doing each booking and the actual boat trip.
5.3. Reservation Confirmations
All reservations must be confirmed by Company for a Member’s reservation to be honored. Member reservations will be confirmed by Company via the Member’s Portal, email, or text message. The BoatPass Member is responsible for verifying the accuracy of the reservation confirmation upon receipt and must immediately notify Company of any errors. BoatPass does not guarantee any reservation other than the one set forth in the reservation confirmation.
5.4. Good Standing
BoatPass Member is required to maintain Good Standing to reserve BoatPass Vessels and be entitled to BoatPass benefits. BoatPass Member will not be in Good Standing if such BoatPass Member is in Default, meaning BoatPass Member fails to pay any BoatPass Fees within fifteen (15) days after becoming due, or where the BoatPass Member is in violation of these BoatPass Rules. If a BoatPass Member is in Default, his or her membership may be suspended or revoked by Company and any reservations will be cancelled without right for reimbursement and with all existing Passes and pre-purchased Add-ons (if any) forfeited. Egregious violations of BoatPass Rules and any violation of the Agreement may result in immediate revocation of BoatPass Member’s membership, without notice to the BoatPass Member, in the sole discretion of Company.
5.5. Reservation Cancellations
We understand that plans can change, so we offer a flexible cancellation policy. Cancel your trip with more than 7 days' notice and you will get the full value of your Pass back as well as any add-ons you purchased for that trip. For cancellations within 7 days to 24 hours of your trip, you will receive 70% of the value of your Pass back and any add-ons you may have purchased. If you cancel within 24 hours of your trip, you will forfeit your Pass and any add-ons.
The value of the Pass(es) and any add-ons purchased (if applicable) to be reimbursed after cancellation will be provided to Member via one or more coupon codes redeemable online when making purchases of Passes or add-ons.
For example, if a Member cancels with more than 7 days’ notice, s/he will be given a coupon code to buy a new Pass in the same Membership Category, whereas if sh/e cancels within 7 days but more than 24 hours, s/he will be given a coupon code worth 70% of the Pass. If a Member also had purchased add-ons, s/he will be given a separate coupon code(s) for the value of the add-ons either at 100% or 70% depending on when s/he made the cancellation.
To cancel, please do so online or send an email to email@example.com.
What happens if there is hazardous weather when my trip is scheduled to begin?
If the U.S. Coast Guard or any other authorities prevent boats from sailing in the area where BoatPass Vessel is located or when hazardous weather prevents boats from sailing (as determined by the Coast Guard or your Captain, who deems to be unsafe to sail), you have two options: (1) cancel and get your Pass Back and your add-ons back via a coupon code redeemable online when making purchases of Passes or Add-ons, or (2) wait until the hazardous weather has passed and begin your trip, in which case the Partial Trip Policy applies (see next question).
What happens if hazardous weather makes me start my trip late or end early?
If hazardous weather (as determined by the Coast Guard or Captain) prevents starting or ending your trip on time, the Partial Trip Policy applies: You'll get a Pass with a discount equal to the percentage of minutes missed from the original booking. For example, if you missed 150 out of 240 minutes (62.5%), you'll receive a coupon code worth 62.5% of the Pass used. You'll also get the proportional value of any purchased add-ons for future trips. Contact firstname.lastname@example.org for details.
If a trip starts late or ends early due to Member’s fault or that of any of his/her guests or because of Member or his or her guests breaking any rules or behaving badly, as determined solely by the captain, then no Partial Trip Policy applies and the Pass(es) and add-ons will be forfeited.
5.6. Use of BoatPass Vessels by a BoatPass Member’s Guests
BoatPass Member may invite guests (which includes spouse and children of BoatPass Member, friends, colleagues and acquaintances) to share the occupancy of a BoatPass Vessel during the confirmed Use Period provided always that the occupancy limit (which varies based on the category of membership) is not exceeded, unless extra guests were purchased as add-ons (but may never exceed the number resulting from the category limit + the extra guests purchased). BoatPass Member will be responsible for the conduct of his or her guests and will ensure that all guests comply in all ways and at all times with these BoatPass Rules and any other rules and regulations set forth by Company or the captain of any BoatPass Vessel. All expenses incurred by a BoatPass Member’s guests, which remain unpaid, will be borne entirely by that BoatPass Member.
Guests of Members may be permitted to occupy BoatPass Vessel unaccompanied by BoatPass Member. Such guest will be the representative of the Member, be expected to have read and follow the BoatPass Rules and will be considered the charterer; as such they must be the person who’s name appears in the charter agreement. Such guest must be at least twenty-one (21) years of age on or before the start of the Use Period.
BoatPass Member will ensure that each of his or her guests executes, at the request of BoatPass or any of its representatives, including but not limited to the captain of any BoatPass Vessel, a general waiver and release regarding the guests’ use of such BoatPass Vessel, and such release will include, but not be limited to, releasing the BoatPass, Company, and BoatPass Member(s) for their negligence.
5.7. Gratuity When Using BoatPass Vessels
BoatPass Member may, at its sole discretion, provide or not provide gratuity to the captain and crew of BoatPass Vessel. If Member chooses to provide gratuity, s/he can do so by paying it to the captain or crew directly.
The role of the Company is that of an agent connecting the Members to owners who charter their vessels to BoatPass Members. As an agent of the Member, the Company will handle all payments to owners, captains and crew as part of this relationship. Only the obligations of the Company expressly provided for in these BoatPass Rules shall be the obligations of the Company and no other obligations, relationship, or liabilities will be implied.
6.2. Management Decisions
All decisions concerning administration of BoatPass and management and operation of the BoatPass Vessels will be taken by Company in its reasonable business judgment. The powers of management and administration of BoatPass and the BoatPass Vessels will be vested solely in Company whose decision on any question or matter will be conclusive, final, and binding on BoatPass Members, subject only to the terms and conditions of the BoatPass Agreement. Company may appoint such persons or bodies of persons as it may deem fit to carry out any of the functions of the management and administration of BoatPass.
6.3. Operation Support Services
Company will provide operations support services to BoatPass including member services, inventory control, managing the BoatPass’s reservation system, BoatPass Vessels, preparation of the BoatPass’s annual operating budget, preparation of the BoatPass’s annual accounts, the billing and collection of Membership Dues, property management, and administration of BoatPass.
6.4. Assignment of Duties
Company may assign its duties to any of its Affiliates from time to time. For so long as Company or its Affiliates manage BoatPass, all BoatPass Vessels will be managed in accordance with these BoatPass Rules.
6.5. Authority of Company
Company will have such authority as may be necessary for properly carrying out the objects of BoatPass in accordance with these BoatPass Rules.
7. Powers of Company
7.1. Management of BoatPass
The responsibilities of Company include:
a. the daily administration and operation of BoatPass;
b. managing BoatPass either directly or through the engagement of an Affiliate or third party;
c. administering and operating the Passes system, including but not limited to:
1) determining the number of Passes available to use BoatPass Vessels;
2) the transfer of Passes and Use Rights by BoatPass Members in consideration for an administrative fee in respect thereof;
3) revocation of Passes where the relevant BoatPass Member is in default of payment of Membership Dues or is not in Good Standing;
4) maintaining the license for any software owned or licensed by Company or its Affiliates for the benefit of BoatPass relating to the operation and business activities of BoatPass;
5) preparing the annual operating budget of BoatPass which forms the basis for determining Membership Dues;
6) conducting the administration, billing, and collection of the Membership Dues, and Membership Fees for associated services including keeping appropriate books of account. The BoatPass Manager shall charge late payment fees and reasonable interest for members who are late paying their Membership Dues;
7) imposing fines on any BoatPass Member in breach of the BoatPass Rules;
8) maintaining a register of the names and addresses of BoatPass Members;
9) handling any complaints received;
10) recommending to the BoatPass to make, vary and revoke any rules or regulations (not inconsistent with the BoatPass Rules) as it shall think expedient for the regulation of the internal affairs of the BoatPass, the conduct of BoatPass Members and the use of the BoatPass Vessels; and
11) carrying out or performing any relevant operations requested by the BoatPass for the benefit of the BoatPass and the BoatPass Members.
7.2. Rules Regulating BoatPass Membership
The BoatPass Manager may recommend to BoatPass to make, vary and revoke any rules or regulations not inconsistent with these BoatPass Rules as it shall think expedient for the regulation of the internal affairs of the BoatPass, the conduct of BoatPass Members and the use of the BoatPass Vessels.
All rules made, varied and revoked by the BoatPass Manager shall be binding on the BoatPass Members upon amending these BoatPass Rules whether or not the BoatPass Members are noticed of such change, although the BoatPass Manager will use commercially reasonable efforts to notify BoatPass Members. The failure of the BoatPass Manager to notice BoatPass Members shall not affect the validity or enforcement of any BoatPass Rules, as amended.
If a BoatPass Member is in breach of any obligation under these BoatPass Rules or the Membership Agreement, which is deemed to be an event of Default herein, such BoatPass Member's Passes and, as a consequence, BoatPass Membership may be suspended by the BoatPass Manager on behalf of the BoatPass in accordance with these BoatPass Rules and no further reservation requests shall be confirmed pending the removal of such suspension.
8. Revocation of Passes and Membership
Member can cancel his or her membership any time and for any reason through the BoatPass Website or by contacting Company at email@example.com. If Member cancels the membership, any unused Passes and paid add-ons (if applicable) will be forfeited, and any bookings beyond the cancellation date will cancelled without reimbursement. BoatPass may, for any reason, cancel the membership of any member at any time, in which case any unused Passes and paid add-ons (if applicable) will be reimbursed to their original form of payment (including those of bookings already in place after the cancellation date). However, if BoatPass cancels a membership for cause (for example, bad behavior in BoatPass Vessel, bringing contraband on a BoatPass Vessel, etc.), any unused Passes and paid add-ons (if applicable) will be forfeited, and any bookings beyond the cancellation date will cancelled without reimbursement. Any BoatPass Member whose Passes have been revoked or who ceases to be a BoatPass Member pursuant to these BoatPass Rules or the Agreement, will forfeit all benefits and privileges of a BoatPass Member and the use of the BoatPass Vessels. The revocation of Passes of any BoatPass Member will not affect his liability to BoatPass in respect of any Membership Dues, Membership Fees, or other costs incurred or due in respect of the period up to the date of the revocation of such Member’s Passes, or late payment interest charges.
9. Rules for Use of BoatPass Vessels
Each BoatPass Member must:
a. use and occupy the BoatPass Vessels strictly in accordance with the provisions of these BoatPass Rules and the regulations made thereunder;
b. vacate the BoatPass Vessel that have been used and occupied by the BoatPass Member at the expiration of the Use Period by virtue of which the BoatPass Member is entitled to be in occupation and cause the vacating of the same by all others present in connection with such occupation and all his and their personal property;
c. leave the BoatPass Vessel in a good and clean condition;
d. not damage, interfere with or do anything likely to lower the value or attractiveness or appearance of any BoatPass Vessel;
e. not alter any BoatPass Vessel;
f. not do or permit to be done anything to a BoatPass Vessel which may be or which may tend to be a nuisance or annoyance to any other person lawfully entitled to enjoy the same at any time nor commit waste nor do any act or introduce any substance or thing which might vitiate any policy of insurance or require an increased premium be paid for the same;
g. not keep any animal in or upon any BoatPass Vessel, without prior request and approval of BoatPass;
h. not to bring him/herself or any other of his/her guests or consume either him/herself or any other of his/her guests anything illegal (under any law, whether federal, state, or local) on any BoatPass Vessel;
i. not to use any of the BoatPass Vessels nor permit the same to be used for any purpose whatsoever other than as a recreational vessel in the occupation of no more than the maximum numbers of persons from time to time permitted by BoatPass nor for any purpose from which a nuisance can arise to other BoatPass Members or their permitted occupiers or any owner occupier;
j. not use any BoatPass Vessel for any illegal or immoral purpose or for any trade, business, profession, or manufacturing; and
k. refrain from doing anything not allowed, including bringing prohibited items on the boat such as illegal substances (e.g., drugs), weapons, open flame items (e.g., BBQ equipment, hookah, shisha, lighters), glitter, confetti, balloons, tanning lotion, and any liquid that could stain or damage the boat's upholstery. Clothing or wigs that can seep dye into the upholstery when wet are also not allowed. Smoking (any substance or cigarette) is prohibited. Passengers under 21 cannot consume alcohol, and children 12 and under cannot remove their lifejackets at any point during the trip.
10. Suggestions and Complaints
Suggestions for the improvement of BoatPass and general operations are welcome and may be solicited from the BoatPass Members at any time. All suggestions, criticisms or complaints should be made in writing addressed to Company and signed by the BoatPass Member. Anonymous suggestions, criticisms, and complaints will not receive any attention.
Should any BoatPass Member have any complaint and suggestions in relation to BoatPass, such BoatPass Member may contact Company at firstname.lastname@example.org. In relation to the resolution of the complaint, the remedies (if any) available and information regarding any further avenue for complaint will be dealt with by Company, which will use its reasonable endeavors to reply within thirty (30) days of receipt of the complaint.
11. Amendments to the BoatPass Rules
These BoatPass Rules may be amended at any time by Company, without notice to the BoatPass Members, although Company will use commercially reasonable efforts to notify the BoatPass Members of any changes. The failure of Company to notice BoatPass Members will not affect the validity or enforcement of any BoatPass Rules, as amended.
12. Limitations on Liability
To the fullest extent permitted by law, Company and any person appointed or employed by Company will not be liable for:
a. any loss of or damage to any property or article belonging to a BoatPass Member, his or her guests or any other person in any way arising from Use Rights and the BoatPass’s Governing Documents;
b. for any injury to or loss of life whatsoever or howsoever caused to a BoatPass Member, his guests or to any other person in any way arising from Use Rights and the BoatPass’s Governing Documents;
c. for any suspension of any privilege due to:
1) maintenance, repair or construction (to the extent that Company may act to reasonably minimize the disruption of service to the BoatPass Members);
2) physical damage to an improvement or the repair, replacement, or reconstruction of such improvement;
3) riot, war, invasion, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection, requisition or compulsory acquisition by any governmental or competent authority;
4) hurricanes, earthquakes, flood, fire, epidemic or other physical natural disaster, but excluding weather conditions regardless of severity;
5) strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labor not employed by the affected party, its subcontractors or its suppliers;
6) utility disruptions and material shortages;
7) other matters not within the control of BoatPass; or
8) for all claims, demands and costs, for any alleged breach of duty of Company.
Each BoatPass Member will keep Company, other BoatPass Members, and all those authorized or permitted by Company indemnified against all damages and loss suffered and injury caused to Company, other BoatPass Members or such other persons as aforesaid or their property arising from the default, negligence and/or unauthorized Use Rights by that BoatPass Member or his guests or in consequence of the breach or non-observance of any of the provisions of these BoatPass Rules by that BoatPass Member or his or her guests.
13. Damage to BoatPass Vessels by BoatPass Member or Guests
In the event a BoatPass Member, or his or her guests or his or her pet(s) or his or her guests’ pet(s), damages a BoatPass Vessel, or causes personal injury while on or near a BoatPass Vessel, such BoatPass Member will be liable for all claims, damages, and costs arising therefrom, whether compensatory, consequential, punitive or incidental, including legal fees. Such BoatPass Member or the BoatPass Member whose guest was responsible, must indemnify and hold BoatPass and Company harmless therefrom, to the maximum extent allowable by law.
No failure by any BoatPass Member to comply with these Rules will be deemed to have been waived, excused, or accepted by Company unless the same is expressly waived, excused, or accepted by Company in writing. Any waiver will be effective only in the instance and for the purpose for which it is given.
In the event of any question or matter pertaining to the day-to-day administration of BoatPass which is not arising out of and not provided for in these BoatPass Rules or any rules expressly, Company will have power to use its own discretion. The decision of Company will be final.
Any notice or letter to any BoatPass Member sent by post to his or her address or by email as provided in the Agreement will be deemed to have been duly delivered and served on that BoatPass Member on the day following the date of posting, if sent by mail, or at the point the email was sent, if sent by email, notwithstanding that the same may be returned through the post, or undelivered by email.
14.4. Change of BoatPass Member’s Contact Information
Every BoatPass Member must promptly give written notice of any change in his or her address and other contact details to Company either by updating them on the website or by writing to email@example.com.