Waiver | The Electric Voyage

This bareboat charter agreement, entered into on the agreed day, according to booking confirmation, between the “CHARTERER” and the “OWNER” The Electric Voyage, Inc. a CA corporation.

Bareboat Charter. A bareboat charter is a lease arrangement where the OWNER takes on all of the rights and obligations of ownership of the Boat without actually transferring title, and the actual owner may be protected from liability against third parties for injuries and other mishaps aboard the boat.

READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE BOAT OWNER OWNER’S AGENTS, CONTRACTORS, SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS AND PERSONAL REPRESENTATIVES AGAINST ALL SUITS, CLAIMS, DEMANDS, OR DAMAGES THAT ARISE OUT OF USE, MISUSE, OR ABUSE OF THE BOAT FROM ALL KNOWN AND UNKNOWN OBLIGATIONS, AND TO INDEMNIFY THE ELECTRIC VOYAGE, INC. AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON CHARTER’S USE OF THE BOAT AND ITS ACCESSORIES. THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS.

Whereas the OWNER is the registered owner of the Vessel (Vessel Hull ID #). Each of the following is referred to as the BOAT

CF 1182 RJ

CF 1177 RJ

Whereas the CHARTERER wishes to charter the vessel from the OWNER.

In consideration of the premises and covenants contained herein, the CHARTERER and the OWNER in combination will be referred to as the PARTIES agree to the following.

OWNER hereby agrees to let the demise bareboat, and the CHARTERER agrees to charter on a bareboat basis for the agreed upon time and date according to booking confirmation with the owner. Charter shall be a total of agreed amount of time in booking confirmation made with The Electric Voyage, Inc.
OWNER warrants that BOAT when delivered to CHARTERER shall be in good seaworthy condition and should apply with applicable California and federal laws and regulation pertaining to the condition of the BOAT. The BOAT shall be delivered to the dock 10 minutes prior to reservation time. CHARTERER will be designated a host, a staff member with The Electric Voyage, Inc. to communicate with during the scheduled ride. In the instance that CHARTERER returns early, will be returning late or needs assistance, they may get in touch with the designated host. CHARTERER agrees to clean trash off the boat and have all guests off the BOAT at the agreed upon return time. CHARTERER will be charged $2 per minute after the 5 minute grace period.
Indemnification Clause. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CHARTERER hereby expressly agrees to indemnify and hold harmless OWNER, owner’s agents, contractors, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of CHARTERER’s use, misuse or abuse of the BOAT or any use of accessories on the BOAT including tabletop fire pit.
Assumption of Risk. CHARTERER understands that there is a reasonable amount of risk in driving the BOAT and having an open flame while riding the BOAT in the marina which is exposed to the elements and uncontrolled forces like other water vessels, wind or wakes and agrees to the assumption of risk. The Electric Voyage, LLC is not responsible for injuries, death, or damages arising from the guest’s use of the boat, even if caused by negligence, except where prohibited by law.
Acceptable Use. CHARTERER agrees and acknowledges that he/she is 21 years of age or older and will be the sole operator of the BOAT. If the CHARTERER designates another DRIVER of the BOAT, CHARTERER understands that he/she/they are still responsible for their designated DRIVER and passengers. CHARTERER agrees that DRIVER will not be under the influence of drugs, alcohol or anything that can interfere with safe driving of the BOAT and the safety of the CHARTERER’s passengers. CHARTERER will use the BOAT in a careful, safe and conscientious manner. CHARTERER shall at all times observe and adhere to any rules and guidelines posted by OWNER and any applicable laws or regulations. CHARTERER shall be responsible at all times for the safety of any and all passengers on the boat and the safety while boarding and disembarking the BOAT. CHARTERER agrees that he/she will operate the craft in accordance with all safety rules and regulations as posted on Department of Boating and Waterways website found here http://www.dbw.ca.gov/?page_id=28731If at any time the OWNER determines that CHARTERER has engaged in an unsafe or hazardous use of the BOAT, OWNER may notify the CHARTERER of immediate termination of the rental. Upon termination, CHARTERER must return the BOAT to the designated docking area immediately. If the rental is terminated for unsafe or hazardous use, CHARTERER will not be refunded his/her payment. OWNER shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.”
Assignability or Sub-Chartering | CHARTERER may nor assign or sub-charter this agreement without prior written consent, in which case CHARTERER must ensure that Assignee or Sub-Charterer executes a copy of this agreement.
Choice of Law | This Agreement shall be constructed in accordance with admiralty and maritime laws of the United States and state of California.
Force Majeure | Owner shall not be responsible for failure to deliver the BOAT at commencement of the charter if such reasons are caused by reasons beyond control of the OWNER or by reason of said BOAT having been lost of disabled. In this instance, payment will be refunded.
Entire Agreement | This Agreement sets for the entire Agreement and understanding between the Parties relating to the subject matter herein and supersedes all prior discussions between the Parties. No modification or amendment to this Addendum, nor any waiver of any rights under this Addendum will be effective unless in writing and fully executed by the Parties.
Acknowledgement | The Parties are executing this Agreement voluntarily and have carefully read this Agreement to understand its terms, consequences and binding effect and fully understand them. CHARTERER has retained a signed copy of the Agreement.
CHARTERER shall not violate any of the following rules and regulations during his/her operation of the Boat. CHARTERER will also be responsible for all passengers and DRIVER(s), ensuring they adhere to all safety rules, including:

No more than allowed capacity of 12 on the BOAT.
All children under 13 are required to wear a life vest at all times - no exceptions.
No smoking.
No drugs allowed on the BOAT.
There is no fishing permitted from the BOAT, and no swimming permitted by CHARTERER or CHARTERER’s passengers during their operation or use of the Boat.
Keep hands and feet in the BOAT at all times.
There are no pets permitted in the BOAT without prior consent. A pet is considered 1 passenger.
The BOAT will not be taken out of the Marina Del Rey Harbor and will not be taken near any rocks, walls or debris as this can damage the Boat.
There is no docking of the Boat, unless there is a 15 minute or 4 hour docking sign or in the case of an emergency.
Call 911 in case of an emergency.
Anchoring is not permitted in the marina.
Stay on the right side of the white and orange buoys
All non motorized boats have the right of way (kayaks, paddle boards, and sailboats)
Center channel is designated for sailboats.
Stay at least 50 yards away from other boats.
Exterior red and green side lights and stern light must be turned on at sunset.
Look out for floating kelp, debris, boat lines that can potentially get intertwined in the engine and stop the boat.
No stepping on the benches of the BOAT.
Stay clear of buoys, working boats, bigger boats, commercials boats and water taxis.
Beaching of the BOAT is not allowed.
If you’re lost in the harbor, use Google Maps for directions to the address you launched from.
Littering is against the law. Do not litter.
Sea lions may act aggressively towards humans. Keep away from sea lions and do not feed them or any wildlife while on your ride.
CHARTERER may dock only in designated public areas. Docking in zones marked for dinghies only is prohibited. CHARTERER must adhere to posted time limits (e.g., 15-minute or 4-hour docking). In the absence of signage permitting public docking, it shall be assumed that docking is prohibited.

11.Severability | Section Headings. The invalidity of any provision of this Agreement, as determined by a mediator, shall in no way affect the validity of any provision hereof. The section and paragraph headings in this Agreement are for the purpose of convenience and heading only, and the words contained therein shall in no way be held to explain, define, modify or aid in the interpretation, construction of meaning of the provisions thereof.

12. Arbitration | The Parties agree that any dispute, claim or controversy arising out of or relating to this Agreement shall be resolved solely by binding individual arbitration in accordance with the American Arbitration Association (AAA) and not in a class representative or consolidated action or proceeding. Specifically, any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by arbitration administered by AAA in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If there is a dispute, CHARTERER may only bring a claim in CHARTERER’s individual capacity and not as a Plaintiff or Class Member in any purported class or representative proceeding. Further, in any arbitration proceeding, the arbitrator may not consolidate another person’s claims with CHARTERER’s claims and may not otherwise preside over any form of a representative or class proceeding. CHARTERER waives the right of a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.

13. Legal Fees | The Parties agree that any dispute, claim or controversy arising out of or relating to this Agreement. Should CHARTERER, a 3rd Party or Guests of CHARTERER attempt to bring legal action against OWNER then the CHARTERER will be responsible for any of the OWNER’s legal costs.

14. Responsibility for Damages. CHARTERER is solely responsible for any damage, loss, or theft of the boat, its equipment, and accessories during the rental period. CHARTERER agrees to cover all repair and replacement costs, including labor and loss of business due to damages. CHARTERER must report any accident, damage, or malfunction immediately. Authorization for The Electric Voyage, LLC to charge the guest’s credit card for damages, fines, or penalties.

15. Counterparts | This agreement may be executed in any number of counterparts by electronic means including PDF, all of which shall be deemed an original, and each of which shall have the same effect as if all parties hereto had signed the same document. All counterparts shall be constructed together and shall constitute one instrument.

16. The CHARTERER (name and information below) and OWNER agree to all terms and conditions set forth above.

Adriana Cascarano

Staff Signature of The Electric Voyage, Inc.

Executed as on the date written below