YACHT COMPANY: San Diego Yacht Charter Company
Service. Client wishes to engage Yacht Company to provide booking service for a Yacht Rental for Client’s benefit.
Price. The price of the service shall be: $300 per hour for each hour of Yacht Rental Length.
No Warranties. Yacht Company provides no warranty of any company’s services or products or accuracy of information provided to Client. Client shall be responsible for any and all fees beyond the scope of this agreement. Yacht Company shall not be responsible for any fees or remainder of fees for any reason. Yacht Company will provide information to Client about available yachts for a service fee.
Attorney's Fees. In any action, proceeding, or arbitration between Client and Yacht Company arising from or relating to this Agreement, or the invalidity, interpretation, performance, or breach thereof, the prevailing party may be entitled to an award of reasonable attorney’s fees and costs.
Governing Law. This Agreement shall be deemed executed in the State of California. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of California, without regard to its conflicts of law provisions. In the event that any provision herein in any way contravenes the laws of the State of California, or of any other state or jurisdiction, that provision shall be deemed not to be part of this Agreement in such state or jurisdiction, but the remaining provisions shall remain in full force and effect. The remedies provided for breach of this Agreement shall be in addition to all remedies otherwise available under law, not to the exclusion of them.
Completeness of Instrument. This written Agreement, and any attachments hereto, contain all of the agreements, understandings, promises, covenants, commitments, representations, terms, conditions and warranties made by or between the parties hereto with respect to the subject matter hereof. This Agreement terminates and supersedes any and all prior agreements, promises, covenants, commitments, representations, terms, conditions, warranties, discussions and negotiations, if any. The parties acknowledge and agree that they enter into this Agreement solely in reliance upon the representations expressly stated herein. Any and all modifications and amendments to this Agreement must be in writing and signed by the party against whom enforcement is sought.
Captions, Joint and Several Liability. The captions heading the various paragraphs of this Agreement are for convenience only and shall not be considered to limit, expand or define the content of the respective paragraphs. If any party consists of more than one person, each such person shall be jointly severally liable under this Agreement. References to the singular include the plural, and to one gender include another, as appropriate.
Assignment. Neither this Agreement nor any right or interest hereunder may be assigned by Client or Yacht Company.
Authorized Agent. Authority of Agent.
Client authorizes Yacht Company to act as his/her agent to wholly perform any action, as agent and representative of Client included in, related to, or necessary to carry out this Agreement, including booking, paying for, and securing a Yacht and accepting Yacht Charters Terms of Services related hereto.
Parties Bound and Benefited by Agreement. This Agreement is binding upon and inures to the benefit of Client, Yacht Company, their executors, heirs, administrators, successors and permitted assigns (collectively, the “Parties”). Nonetheless, any of the Third Parties may elect to have any dispute, claim or controversy that involves such party and that is related to or arises from this Agreement, or to any service related to this Agreement, decided by binding arbitration under this Agreement. If any of the Third Parties does not agree to arbitrate a claim or controversy involving such party, such matter shall be severed, and any remaining claim or controversy shall be arbitrated.
Authority. Client and Yacht Company, and every person signing, initialing, or otherwise authenticating this Agreement on their behalf, covenant, represent and warrant that he, she or it has full authority and ability to execute, deliver and perform this Agreement. If the consent or approval of any spouse, partner, member, board of directors, shareholder, or other person is required for a party, the individual signing this Agreement on behalf of such party covenants, represents and warrants that such consent or approval has been obtained.
Execution. This Agreement may be executed in counterparts, each of which when so executed shall be deemed an original, and such counterparts together shall constitute one and the same instrument. Delivery of an original, faxed or emailed signature, which may include a handwritten signature, initials or other authentication of a party, shall be sufficient to bind such party to this Agreement.
Further Acts. The parties shall promptly execute and deliver all documents and do all things necessary and appropriate to effectuate the purposes of this Agreement.
Client agrees to RELEASE from LIABILITY and HOLD HARMLESS California Yachts, LLC, along with its respective officers, directors, employees, owners, members, managers, affiliates, agents, representatives, attorneys, heirs, personal representatives, successors and assigns, all individuals associated with a yacht rental from any and all liability, claims, demands, equitable relief, damages, costs, expenses, and causes of action of any kind or character, of any type or nature whatsoever (including negligence), arising out of the yacht rental.
FOR THE AVOIDANCE OF DOUBT, CLIENT SHALL NOT BE ENTITLED TO ANY REFUND OF AMOUNTS PAID TO OR DEPOSITED WITH YACHT COMPANY.
IN NO EVENT SHALL YACHT COMPANY BE LIABLE TO YOU UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE OR LOSS OF PROFITS, IN ANY ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT.
YACHT COMPANY LIABILITY TO YOU WILL NOT, FOR ANY REASON, COLLECTIVELY EXCEED THE AMOUNT ACTUALLY PAID TO US UNDER THIS AGREEMENT.
I do certify by my signature that the above information is correct. I understand and agree to all the fees, terms, and conditions for the above. Signature