BOATSETTER BOAT CAPTAIN SERVICE AGREEMENT (BCSA) BOATSETTER does not itself offer or provide bareboat charter or captain services. The BOATSETTER website simply brings people together. BOATSETTER is NOT a party to this BCSA which exists solely between Renter and Captain. Both parties must read this BCSA carefully and make certain to understand its terms and conditions as this BCSA impacts legal rights and imposes obligations. FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, Renter hires Captain, and Captain agrees to work for Renter under the terms and conditions hereby agreed upon by the parties in connection with the Renter s bareboat charter of a Boat through the BOATSETTER Service. SECTION 1 WORK TO BE PERFORMED 1.1 Term. Renter agrees to hire Captain to perform the services and work ( Duties ) as stated in section 1.2 of this BCSA. 1.2 Duties. Captain agrees to perform the following Duties for Renter and in satisfaction of Renter s obligations as set out in the BOATSETTER Terms of Service, the Bareboat Charter Agreement, the Charter Confirmation and the Renter Policies and Procedures, all of which are incorporated herein, which Duties shall include, but are not limited to, the following: Perform and record pre-charter and post-charter safety and Boat condition inspections (Check-out / Check-in Lists), using forms supplied by BOATSETTER. Report promptly to Renter any observable deficiencies in the Boat which causes concerns for the safety of Renter, Captain, Crew, passengers or property, including the Boat, property of the Owner and/or Renter, and third-party property. Pilot and maintain control of Boat within the permissible navigation limits as per the Bareboat Charter Agreement. Pilot and maintain control of the Boat in a safe and legal manner exhibiting seamanlike conduct at all times. Comply with all relevant Federal, State and Local laws and regulations applicable to the performance of the Duties and the operation of the Boat as well as any equipment used in the performance of the Duties. Take reasonable and prudent actions as deemed necessary by the Captain to protect and preserve the safety of persons and property. Comply with reasonable directions and instructions in relation to the performance of the Duties.
Present, dress and otherwise maintain a well-groomed appearance in a manner consistent with the yacht captaining industry. Use best efforts to make any necessary repairs, if reasonably possible, to protect the safety of the Renter and any guests onboard, the Boat, the crew, and any property at risk as a result of such mechanical failure. Clean and refuel the Boat prior to completion of the Charter, as necessary. Perform associated services and work as reasonably requested by Renter. 1.3 Dates and times of service. The Duties to be performed shall commence one (1) hour prior to the scheduled Charter as designated in the Charter Confirmation and end upon the completion of the Check-out / Check-in Procedure unless the Captain s services are otherwise terminated in accordance with this BCSA. 1.4 Location of service. The Duties will commence and end at a port located in the United States and designated in the Charter Confirmation. SECTION 2 CAPTAIN FEE 2.1 Captain Fee. In consideration of the services to be rendered by Captain to Renter, Renter shall pay Captain the hourly rate designated and agreed upon in the Charter Confirmation page of the BOATSETTER website, incorporated herein, multiplied by the number of hours of service the Captain provides. In addition, Renter is also responsible to pay Captain / crew insurance as required and available and in accord with the Fee Schedule. 2.2. Pay Agent. The Renter has authorized BOATSETTER to act in the limited capacity of a pay agent on Renter s behalf for purpose of collecting the fees described in 2.1. All parties hereto direct BOATSETTER to collect fees from the Renter and to pay Captain a sum based on the fee calculation set forth in 2.1 above. 2.3 Taxes and Withholding. Captain is an independent contractor and shall be responsible for payment of his/her own income taxes, social security, worker s compensation and other relevant taxes regardless of the venue. 2.4 Expenses. Captain shall not be entitled to reimbursement of any expenses. 2.5 Payment. Payments will be processed and transfer in a timely manner through ACH ( Automated Clearing House ). Captains must enroll in this service at sign up. Failure to do so will result on the impossibility to execute payments under this Agreement.
SECTION 3 INDEPENDENT CONTRACTOR STATUS 3.1 Captain acknowledges that he is an independent contractor and is not an agent, partner, joint venture or employee of Renter, Owner or BOATSETTER. Captain shall have no authority to bind or otherwise obligate Renter, Owner or BOATSETTER in any manner, nor shall Captain represent to anyone that he/she has a right to do so. 3.2 Captain warrants and represents that he/she is eligible to provide services as an Independent Contractor. 3.3 Captain shall never be construed to be an agent or employee of Renter, Owner and/or BOATSETTER. 3.4 In consideration for being hired Captain specifically waives, releases and forever discharges the Boat from any lien for wages. SECTION 4 REPRESENTATIONS AND WARRANTIES OF CAPTAIN 4.1 Captain warrants and represents that he/she: (1) has and will maintain the required credentials and be able to verify his/her qualifications and the licensing necessary to perform the duties of Captain of the designated Boat at all times during the Charter Period, and (2) is otherwise fully qualified to perform all duties required by this BCSA in a lawful, safe and proper manner. 4.2 Captain warrants and represents that he/she is free to enter into this BCSA, and that this engagement does not violate the terms of any agreement existing between Captain and any third party. During the term of the BCSA, Captain shall devote as much productive time, energy, and abilities as may be needed and necessary to perform the required duties in a timely and productive manner. 4.3 Captain warrants and represents that he has or will examine the Boat prior to the beginning of the Charter to confirm to the best of his abilities that it is in a good and seaworthy condition. Captain agrees to immediately advise Renter if, at any time, Captain finds or suspects any condition on board the Boat to be unsafe. 4.4 Captain warrants and represents that he has or will examine the Boat s safety equipment prior to the beginning of the Charter to confirm to that the equipment is adequate, in good condition and readily accessible. 4.5 Captain warrants and represents he/she will follow the reasonable directives of the Renter. 4.6 Captain warrants and represents that he/she has been notified of the Coast Guard s zero tolerance policy towards drugs and that under no circumstances will he/she engage in any illegal activity while on board the Boat, nor will Captain use the Boat for any unlawful purpose. 4.7 Captain warrants and represents that he/she will personally perform the Duties and he/she will not assign or delegate the Duties.
4.8 Captain warrants and represents that he/she does not have any physical and/or medical conditions that would affect Captain s ability to provide the herein Duties. 4.9 Captain warrants and represents that he/she will not vary the fee structure set forth in this BCSA and as may be calculated pursuant to the Fee Schedule. SECTION 5 INSURANCE 5.1 To the extent such insurance is available and without any representation as to its availability, Captain may be listed on BOATSETTER s crew coverage or similar type of insurance for the benefit of the Captain. The Captain may be listed as an additional insured on any BOATSETTER-sourced insurance Policy provided to Owner or Renter. 5.2 By undertaking the herein Duties, Captain acknowledges understanding what insurance coverages are and are not in place. Don t assume any insurance coverage is in place, ask! 5.3 Captain is responsible for obtaining any necessary insurance not available or secured through the Service. SECTION 6 CAPTAIN APPROVAL & REGISTRATION. 6.1 Captain s qualifications must satisfy the qualification requirements of the Owner before Captain may undertake operation of the Boat, and this BCSA is subject to the Owner s approval of Captain s qualifications for the Charter. 6.2 Any Captain selected for operation of any Boat during a Charter must be registered with the BOATSETTER Service. SECTION 7 AGREEMENT TO INDEMNIFY, DEFEND & HOLD-HARMLESS Read Carefully! 7.1 Renter agrees to indemnify, defend, and hold BOATSETTER, Owner, and their successors, insurers, officers, directors, agents and/or employees as well as the Boat harmless against and from any and all actions, causes of action, claims, demands, costs, liabilities, liens, expenses and damages (including attorney s fees) arising out of, or in connection with any breach of this BCSA or any acts or omissions of Captain or Renter in connection with this BCSA or Charter. 7.2 Captain agrees to indemnify, defend, and hold Renter harmless against and from any and all actions, causes of action, claims, demands, costs, liabilities, liens, expenses and damages (including attorney s fees) arising out of, or in connection with, any breach of this BCSA or any acts or omissions of Captain arising from or related to this BCSA or the Charter. 7.3 Renter agrees to indemnify, defend, and hold Captain harmless against and from any and all actions, causes of action, claims, demands, costs, liabilities, liens, expenses and damages (including attorney s
fees) arising out of, or in connection with, any breach of this BCSA or any acts or omissions of Renter arising from or related to this BCSA or the Charter. SECTION 8 TERMINATION 8.1 All parties acknowledge this BCSA may be terminated by Captain or Renter on the basis of a force majeure event (war, terrorism, Acts of God, etc.) or unforeseen circumstances outside of Renter s or Captain s control. 8.2 Renter may terminate this BCSA at any time for reasonable cause, including, without limitation, the Captain s failure to timely appear for the Charter or properly perform his duties as captain, inappropriate conduct toward Renter or any guests or third parties, breach of this BCSA, breach of any applicable policies and/or conduct that places Renter or any guests or third parties in danger. 8.3 Renter may also terminate this BCSA immediately if the Charter is cancelled by Owner prior to its commencement. In this event, Captain will be entitled to half of the total amount of the fee that would have been payable to the Captain had the Captain performed the entire anticipated service. This will be payable by Owner. 8.4 In the event of a termination after the Charter has commenced, the Captain agrees to safely return the Boat and those aboard to the port of Redelivery as shown on the Charter Confirmation, and to complete all post-charter requirements including completion of the Check-out / Check-in List. 8.5 In the event of a termination by Renter, Captain shall be paid only for the number of hours of service actually performed prior to the termination which shall be the Captain s exclusive remedy. The Captain s failure to complete post-charter requirements shall result in the Captain forfeiting his/her fee. 8.6 In the event of a termination by Captain, Renter shall be entitled to damages from Captain not to exceed the amount of the fee that would have been payable to the Captain had the Captain performed the entire anticipated service. SECTION 9 LAW & DISPUTE RESOLUTION. Read Carefully. 9.1 This BCSA and the rights of the parties hereto shall be governed by and shall be construed in accordance with the general maritime law of the United States with the laws of the State of Florida to supplement as legally permissible. 9.2 All claims and disputes arising under or relating to this Agreement are to be resolved by the parties. If parties are unable to reach an agreement, you can request Boatsetter to make the final decision 72 hours after the request. When involving Boatsetter, our team will be notified and a dedicated team member will be assigned to your case. They ll review the information provided by you and your host or guest, before making a final decision. In some cases, we may need to contact you to gather additional information, before we can make a decision. This decision will be binding and final.
9.3 Parties can also choose to resolve their claim by the binding arbitration in accord with the rules then in effect of Arbitration Resolution Services ( ARS ) with any hearings to be held at a mutually agreeable location in Miami Dade County, Florida. The parties expressly agree to abide by any and all rules of ARS in effect at the applicable time and as found in their web site at www.arbresolutions.com. In the event that a party fails to pay any award, the award may be converted to a judgment in any Court of competent jurisdiction. Choosing this alternative will void option on the previous paragraph. 9.4 Renter and Captain expressly acknowledge that the sole and exclusive venue for any legal action relating to the enforcement or interpretation of the instant arbitration term shall be in Miami Dade County, Florida. Renter and Captain hereby expressly agree, consent and submit to the personal jurisdiction of the state or federal courts of Miami Dade County, Florida. SECTION 10 MISCELLANEOUS PROVISIONS 10.1 The provisions of this BCSA shall be binding upon and for the benefit of the heirs, personal representative, successors and assigns of the parties. 10.2 Additionally, in the event a suit or arbitration action is filed to enforce this BCSA or with respect to this BCSA, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, reasonable attorney s fees at the trial level and on appeal. 10.3 No waiver of any provision of this BCSA shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 10.4 This BCSA, including the documents incorporated by reference herein, constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this BCSA, other than those identified herein, shall be binding unless executed in writing by all parties. 10.5 If any provision of this BCSA is held unenforceable, then such provision will be modified to reflect the parties intention. All remaining provisions of this BCSA shall remain in full force and effect. 10.6 In the event of any conflict between this BCSA (or any portion thereof) and any other agreement or document identified and incorporated herein, the terms of this BCSA shall prevail.