SERVICE AGREEMENT.

SERVICE AGREEMENT.

This Service Agreement (hereinafter referred to as the “Agreement”) is made and entered the ____ day of _____ 2021 (the “Effective Date”), between Blackdeck Corporation LLC, Contact Info; ____________ (hereinafter referred to as the “Captain/Master”), and __________, Address _____________ (hereinafter referred to as the “Client/Charterer”).

WHEREAS, the Captain is a freelance 100 USCG ton yacht captain.

NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:

  • TERM.

The initial term of this Agreement shall be for a period _____ [Days/Weeks/Months], commencing on the Effective Date herein.

  • SCOPE. 
    1. The Captain shall offer the Client services on the _______ day of ______ 2021 for;

☐Less than 2 hours.

☐Between 2-4 hours.

☐Between 4-6 hours.

☐Between 6-8 hours.

☐Between 8-12 hours.

  1. The Captain does not allow any illegal drugs and/or substances on board the yacht and or bareboat during the term of this Agreement.
  2. For bareboat for hire- the Captain shall not be responsible if the boat hired by the Client does not meet the Client’s expectations. The Client shall be responsible for contacting the boat renting company they hired the boat from in case of any complains about the boat. The Client shall not receive any refund should they terminate/cancel the charter due to their dissatisfaction with the boat.
  • SAFETY REGULATIONS WHILE ON BOARD.

Children under the age of 13 years old must wear a life jacket at all times while onboard. All persons on board must follow all the USCG Regulations, violation of these regulations shall have the charter terminated without refunds.

  • PAYMENT/REFUNDS.
      1. The Client shall pay the Captain _____ Dollars for the services covered under this Agreement. Payments shall be made electronically through the Captain’s ___________________ Account.
      2. The Client shall only be given a refund if they cancel the agreement more than 24 hours before the official date of the service. If the Client cancels the event less than 24 hours before the official date of the service, they shall not receive any refunds.
  • TERMINATION/CANCELLATION.
      1. The Client can terminate/cancel this Agreement by offering the Captain a 48 Hour written notice on the same.
      2. The Captain can at any time and without a written notice terminate/cancel this Agreement if he realizes that the presence, use, abuse, and/or sale of illegal drugs and/or illegal substances in the yacht or bareboat. The Client shall not receive any refunds under such circumstances.
  • LIABILITY/INDEMNITY/WAIVER.
      1. The Captain shall not be held liable for any loss and or damage including but not limited to broken items in the yacht or the bareboat provided that the loss and/or damage is not as a result of the Captain’s negligence. The Client agrees to indemnify the Captain against any and all claims that may arise from the performance of this Agreement.
      2. The Captain shall not be held responsible for any illegal drugs and/or illegal substances in the yacht or bareboat during the term of this Agreement. The Client agrees to defend and indemnify the Captain against any and all claims that may arise from the use, abuse, possession, or sale of illegal drugs and/or illegal substances in the yacht or bareboat.
      3. The Client shall not be held responsible for any injuries sustained by the Captain during the charter provided that such injuries are not as a result of the Client’s negligence. The Captain agrees to indemnify the Client against any injuries that may sustained from the performance of this Agreement.
      4. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.  
  • GENERAL PROVISION, GOVERNING LAW AND JURISDICTION. 
    1. This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
    2. This Agreement shall be governed by and construed in accordance with the laws of the ____________ [State/Country]. Exclusive jurisdiction and venue shall be in _____________ [State/Country]. In the event that the Captain employs an attorney to enforce any of the terms of the Agreement, the Captain shall be entitled to recover its actual attorney’s fees and costs, including expert witness fees.  
    3. This Agreement shall be binding upon and inure to the benefit of the Captain and the Client and their respective successors and assigns, provided that the Client may not assign any of their obligations under this Agreement without the Captain’s prior written consent.  
    4. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.

CAPTAIN: _____________            ________________________                 ___________

                        (SIGNATURE)                  (NAME)                                                (DATE)

CLIENT: _____________            ________________________                 ___________

                        (SIGNATURE)                  (NAME)                                                (DATE)

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