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CREWED CHARTER AGREEMENT & WAIVER

Welcome Aboard!  We are excited you’ve decided to join us for a trip on the Chesapeake Bay and her tributaries.  This agreement is made between Kent Island Boat Charters (Kent Island Charters LLC) and Charterer,

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We will do everything in our power for you to have a great time during your time with us, but we do have some rules. Some are general rules for your safety, and others to protect our boat, our equipment and our crew. 

THIS DOCUMENT AFFIRMS I HAVE BEEN INFORMED OF, AND AGREE TO THE FOLLOWING:

  • CHARTER CAPACITY: 6 PEOPLE, plus our crew. Children and infants are welcome. They do count in the charter party limit of six people.

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  • LIFE JACKETS: All infants and children 13 years and under MUST wear a life jacket at all times while aboard. It is a USCG requirement. Please don’t ask us to break the law. Please assist in making sure that children comply. We will provide your party with USCG approved life jackets to use during the charter

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  • PROVISIONS PROVIDED: You are welcome to bring your own food and drinks for your day as long as they do not include prohibited items (see below). The charter company will provide:

    1. Bottled Water – minimum 2 per guest per hour of the charter.

    2. ICE – minimum 40lb bag of ice will be in the cooler space for use with water and other beverages you may bring aboard.

    3. Bag for your shoes – we prefer NO shoes be worn aboard. But if you must wear shoes, they must be white non-marking soles.

    4. Snack assortment for charters 3 hours and less; Sandwiches & other items for charters 4 hours or more. 

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  • PROHIBITED ITEMS:

    • No Animals are allowed aboard. No exceptions.

    • No glass is allowed aboard – including but not limited to bottles, cups, and jars. No exceptions.

    • No beverages or foods that are red or a variation thereof, whether natural or artificially colored.

    • No popcorn may be brought on board.

    • No metal coolers.

    • No smoking, vaping, or use of electronic cigarette or similar device while onboard.

    • No illegal substances or firearms are permitted on board. Discovery of the presence and/or use of illegal substances and/or firearms will immediately terminate the Charter without refund and the vessel will return to port.

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  • ALCOHOLIC BEVERAGES:

    • Alcoholic beverages are permitted by those 21 and over, but are not supplied by the charter company, Captain or crew.

    • Charterer is solely responsible for any and all alcoholic beverages that are brought and consumed by the party.

    • No glass bottles. No red colored beverages, including red wines are allowed aboard.

    • In the event members of your Charter Party become intoxicated to the point the Captain determines they create a hazard to themselves or others, the Charter will be immediately terminated without refund and the vessel will return to port.

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  • WASTE DISPOSAL:

    1. No trash, garbage, or other materials are to be thrown overboard into the water. Charter company will provide trash bags and designated areas to place these items.

    2. No flushing anything other than human waste and toilet paper provided in the toilet. Trash receptacle is available in the head, along with small baggies to wrap and dispose of other items.

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  • UNACCEPTABLE CONDUCT: The Charter operates under the authority of authority of the Captain. The Captain has the authority to terminate the Charter in the event of unacceptable conduct and/or misuse of the vessel by the Charter Party. The Captain at his sole discretion determines what is unacceptable conduct and misuse. Charters that are terminated early due to unacceptable conduct WILL NOT BE REFUNDED.

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  • AUTHORITY: Kent Island Boat Charters warrants that the Captain meets all requirements necessary to legally command the vessel in the area chartered. While it is agreed the CHARTERER may determine the general movements and destination of the vessel within the boundaries of this Agreement, it is understood that the Captain is in full command, and that the CHARTERER agrees to abide by his judgment as to clearance, weather conditions, anchorages and other pertinent matters.

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  • ACKNOWLEDGEMENT OF RISKS. Charterer acknowledges that some, but not all, of the risks of participating in watercraft activities include:

  • Decking on the boat that can be wet and slippery

  • Changing water flow, currents, wave action and wakes from other boats may cause the boat to lean or bounce

  • Wind, inclement weather, lightning, and extremes of wind, weather, and temperature are outside of our control

  • You may get wet

  • Sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions can be impaired

  • Collision, capsizing, sinking or other hazards which results in wetness, injury, exposure to the elements, hypothermia, and/or drowning;

  • The presence of insects, marine life forms, and other wildlife is possible

  • Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration can occur

  • Fatigue, chill and/or dizziness, which may diminish my reaction time and increase the risk of an accident.

Charterer agrees to assume responsibility for all the risks of the activity, whether identified above or not.  Charterer, and members of the Charterer’s Party participation in this activity is voluntary. Each assumes full responsibility for their self for any bodily injury, accident, illness, paralysis, death, loss of personal property, and expenses thereof as a result of any accident that may occur while aboard the vessel and/or during the contracted time of the charter.

 

The Captain, owners, and crew shall not be held liable for any injury or fatality that is caused by either direct or indirect action of any member of the Charter Party.

  • LOST ITEMS ABOARD

In no event will Kent Island Charters or the Captain or Crew be liable for any loss or damage incurred, including without limitation, indirect or consequential loss or damage or any loss or damage whatsoever arising from loss of items aboard.  

  • PAYMENT & CANCELLATION POLICY.

    • DEPOSIT: A minimum deposit of $100 is required to reserve booking; certain departure sites and charter durations may require more.

    • CANCELLATIONS: If a cancellation must be made,

      • Can be made in writing by sending an email to KentIslandBoatCharters@gmail.com or texting us at  410-212-2368.  Your request must be confirmed in writing by us in order to be ‘received’. Those cancellations received:

        • 7 days or more prior to the charter, your deposit is fully refundable.  You may instead choose to have your deposit applied to a rescheduled date & time.

        • 48 hours but less than 7 days prior to the charter, your deposit can be applied to a rescheduled date & time booking.

        • Less than 48 hours, your deposit will be FORFEITED UNLESS THE CAPTAIN DECLARES A WEATHER-RELATED CANCELLATION IS APPROPRIATE.

        • If the Captain cancels the charter due to weather or mechanical problems, your deposit can be applied to a rescheduled date & time.

        • If the Captain declares FORCE MAJURE, or government "lock down" imposed as was with COVID, your deposit can be refunded.

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  • PAYMENT OF CHARTER FEE BALANCE: The balance of your Charter is due, at the latest, on the dock prior to leaving on your trip. We accept Visa, American Express, Discover & MasterCard. We also accept cash for the balance due on the day of the trip.

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  • MATE TIP: It is customary to tip the Captain’s mate(s) for their service during your trip, and common to be 15-20% of your total charter fee.

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  • NO-SHOWS: If you don’t show up to the dock on the day and time of your charter, you will FORFEIT YOUR DEPOSIT. NO REFUNDS or CREDIT to future Charters.

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  • LATE ARRIVALS: If you are going to be late, you must call the Captain immediately (410-212-2368).

    •  The chartered time begins as contracted, and late departure will reduce the amount of time you are on the water. Charters may not be extended because you / your party members are late arriving.

    • If the Captain has not been in contact with you after 20 minutes, the charter WILL BE DEEMED A NO-SHOW and terminated.

    • During the summer months, if you are traveling Rt 50 over the Bay Bridge or on Kent Island, please allow for additional travel time. 

  • WEATHER POLICY:

  1. The Captain, and Captain alone, determines if the weather forecast should result in a cancelled charter date/time. You are welcome to call us to discuss the forecast for conditions  at 410-212-2368.

  2. If the weather forecast is for continuous or 100% chance of rain, hurricane or thunderstorms, or the U.S. Coast Guard issues a small craft warning for the Chesapeake Bay, the Captain will advise as soon as possible, and the date of cruise can be rescheduled for any un-booked time slot or your deposit returned.

  3. If the weather forecast is simply for chance of rain showers or thunderstorms, scattered thunderstorms, or isolated thunderstorms, we will discuss the best, safe, fun and cruise routes with guests prior to departure.

  4. There are no guarantees the weather conditions, good or bad, will remain that way once a decision is made either way.

  5. If the Captain determines the weather or sea conditions have worsened after the Charter Party agreed to leave the dock, he can terminate the Charter and you will not be entitled to a refund but a pro-rated credit may be granted and applied to a future Charter.

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  • FORCE MAJEURE: Force Majeure is defined as any cause attributed to acts of God, accidents, natural disaster, weather or other occurrences beyond the reasonable control of the Company, and not caused by the Company’s negligence. No warranty is made as to the suitability of weather with respect to this charter. If a named storm threatens or is forecast to threaten the expected location of the charter vessel, as determined by the Captain in his/her sole discretion, the Captain shall have the option of terminating or cancelling the charter any time that he/she deems necessary.

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  • SEASICK MEMBERS: Seasickness, it happens. If a member of your Charter Party feels the slightest bit unwell, please advise the Captain and/or mate as soon as possible. There are several things we can try to relieve symptoms, although we can not guarantee they will always work.

    1. Members of the Charter Party may request to terminate the Charter and return to port if members become seasick. A trip terminated due to member(s) of the Charter Party getting seasick will not be entitled a refund or credit.

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  • COVID-19: The Charter Party must be certain they have followed safe practices and are in good health. If for any reason the chartering party is uncertain they are in good health, they must notify the captain.  Captain and Crew are vacinated. The boat is disinfected between each charter.

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AGREEMENT For valuable consideration, the receipt and sufficiency of which are hereby acknowledged Charterer does hereby remise, release, and forever discharge Kent Island Charters, The Captain, Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Charterer ever had, now has, or which Charterer’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use, misuse, or abuse) of the vessel; or in any way arising out of the rental relationship between Charterer and Boat Owner.

Charterer has read and understands all the terms, conditions, risks and rules set forth above, and agrees to all terms without reservation.

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