Sea Chase Charter Waiver

SEA CHASE CHARTER LLC, WAIVER, RELEASE AND INDEMNIFICATION 

THIS WAIVER, RELEASE AND INDEMNIFICATION (this “Release”) is made as of [insert] (the

“Effective Date”) by and between Sea Chase Charter, LLC (“Sea Chase") and [insert], an individual

(“Owner”).

BACKGROUND: 

Sea Chase provides an online platform and mobile application that connects Sea Chase customers with

(i) privately available vessels for charter (“Yachts”) pursuant to bareboat charter agreements; and

(ii) U.S. Coast Guard (“USCG”) licensed captains available for such bareboat charters (all of the

foregoing, including without limitation if applicable, Owner’s rights and obligations under that

certain Bareboat Charter Facilitation Agreement dated as of even date herewith by and between

Sea Chase and Owner, is referred to herein as the “Services”).

2. Reference is made to those certain “Terms of Service” agreed to by Owner regarding the terms and

conditions of Owner’s use of the Services.

TERMS AND CONDITIONS:

For the reasons described above, in consideration of the mutual promises and covenants set forth in this

Release, and for other good and valuable consideration, the receipt and adequacy of which are hereby

acknowledged, Sea Chase and Owner hereby agree as follows:

1. In consideration of Sea Chase permitting Owner to utilize the Services, Owner, and to the full extent

allowed by law, on behalf of him or herself, his or her spouse, children/wards and guests (the

“Owner Parties”), does hereby release, waive and discharge Sea Chase of and from any and all manner

of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts,

agreements, promises, covenants, obligations, liabilities, claims, demands, losses, damages, costs

or expenses, including but not limited to court costs and attorneys’ fees (including reasonable

attorneys’ and paralegals’ fees and costs incurred before and at trial, at all tribunal levels, whether

or not suit is instituted, and at arbitration and in establishing this right to indemnification), of any

nature whatsoever, whether or not now known, claimed or suspected, fixed or contingent

(hereinafter collectively referred to as “Claims”) which the Owner Parties may have, or which may

hereafter accrue to the Owner Parties, as a result of Owner’s, and to the full extent allowed by law,

the Owner Parties’ use of the Services. This Release is intended to discharge in advance Sea Chase,

its members, officers, employees and agents (“Sea Chase Parties”) from any and all liability arising

out of or connected in any way with the Owner Parties’ use of the Services and/or participation in

the Bareboat Charter Facilitation Agreement even though that liability may arise out of negligence

or carelessness on the part of the Sea Chase Parties.

2. Owner’s receipt of the Services involves known and unknown RISKS associated with boat

chartering. Owner, and to the full extent allowed by law on behalf of the Owner Parties, hereby

agree to fully accept and assume all such RISKS and all responsibility for losses, costs and damages

the Owner Parties incur as a result of the Owner and the Owner Parties receipt of the Services

and/or participation in the Yacht Membership Club.

3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SEA CHASE

PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR

REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF

4. 5. 6. DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM

OWNER’S, AND TO THE FULL EXTENT ALLOWED BY LAW THE OWNER PARTIES’

USE OF THE SERVICES. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO

ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT,

STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER

OR NOT SEA CHASE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH

DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE

FAILED OF ITS ESSENTIAL PURPOSE.

The Owner, and to the full extent allowed by law, the Owner Parties, and each of them, hereby

indemnifies, defends, and holds harmless the Sea Chase Parties from, against and in respect of any

and all direct and/or indirect Claims asserted against or suffered or incurred by the Sea Chase Parties

to the extent directly or indirectly under, caused, resulting from or in connection with the Owner’s,

and to the full extent allowed by law the Owner Parties’ use of the Services, even if such claims

arise out of or in connection with the negligence of the Sea Chase Parties.

The release provided in Section 1 and the indemnification provision in Section 4 shall not apply in

the event of gross negligence or intentional misconduct by any Sea Chase Party or in the event of a

breach of Sea Chase’s obligation to ensure that the Yachts are insured as described in Exhibit D to the

during all bareback charter operations.

The Background above and Terms of Service are incorporated herein by reference.

I UNDERSTAND THE RISKS INVOLVED AND ACCEPT THEM IN FULL. I, FOR MYSELF,

AND TO THE EXTENT ALLOWED BY LAW, MY SPOUSE, CHILD/WARD AND GUESTS,

HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT,

FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP

SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY

WITHOUT ANY INDUCEMENT.

OWNER:

______________________________Charterer, individually

BY CLICKING AGREE BUTTON I ACCEPTED AND AGREED:

SEA CHASE CHARTER, LLC

BAREBOAT CHARTER FACILITATION AGREEMENT

You agree that by clicking “I Agree”, registering, accessing, or using our Services (described below), you are agreeing to enter into a legally binding contract with Sea Chase Charter, LLC,

(hereafter referred to as “Sea Chase”, “we”, “us”, or “our”). If you do not agree that this Bareboat

Charter Facilitation Agreement (“Boat Owner Agreement”) form a contract with you, or should you not wish to agree to these Terms, do not click “I Agree” and do not access or otherwise use any of the Services. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and / or criminal penalties

You agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and all Collective Content (defined below). These Terms constitute a binding legal agreement between you  and Sea Chase.

BACKGROUND:

1. Sea Chase is in the business of utilizing its online platform and mobile application (the “Platform”) to (i) connect Sea Chase subscribers who desire to bareboat charter vessels for personal, recreational use (“Charterers”) with vessel owners who desire to bareboat charter their personally-owned vessels to such Charterers pursuant to the terms and conditions of the “Bareboat Charter Agreement” attached hereto as Exhibit A; (ii) connect Charterers with USCG-licensed captains (“Captains”) available to Charterers to retain for such bareboat charters; (iii) facilitate all of the foregoing by, without limitation, processing payments and dispersing revenues (all of the foregoing is referred to collectively as the “Services”).

2. 3. Owner is the owner of the vessel identified online in the BOATYARD (the “Yacht”).

Reference is made to: (a) those certain “Terms of Service” agreed to by Charterers and

Owner regarding the terms and conditions of each of their use of the Services; (b) that

certain “Release and Indemnification” of even date herewith made by Charterers and

Owner in favor of Sea Chase.

TERMS AND CONDITIONS:

For the reasons described above, in consideration of the mutual promises and covenants set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Sea Chase and Owner hereby agree as follows:1. 2. 3. 4. Owner agrees to make the Yacht available to Charterers on the terms and conditions herein.Sea Chase agrees to list the Yacht on the Platform on the terms and conditions

herein. The parties agree to the sales and revenue sharing terms as detailed online in the BOATYARD.

The initial term of this Agreement shall commence upon the Effective Date and continue

until the last day of the month that is not less than six (6) months from the Effective Date.

The initial term shall be extended by successive six-month renewal terms unless either

party gives the other party not less than 30 days’ notice prior to the end of either the

initial term or the then-current renewal term of such party’s intent not to renew. The

initial term and each subsequent renewal term, if applicable, is referred to herein as the

“Term.” The previous notwithstanding, either party may terminate this Agreement at any

time for any reason or no reason at its sole discretion upon 30 days’ notice.

INSURANCE. PLEASE READ THIS SECTION CAREFULLY AND INITIAL AT THE END OF THE SECTION. Sea Chase maintains commercial general liability insurance that covers the liability of the Charterer and the Captain during charter operations as described on the declarations page attached hereto as Exhibit B. ANCHOR DOES NOT MAINTAIN INSURANCE FOR DAMAGE TO THE YACHT DURING PRIVATE OPERATIONS. NON-COMMERCIAL MARINE INSURANCE AS IS TYPICALLY MAINTAINED BY PRIVATE BOATOWNERS FREQUENTLY EXCLUDES FROM COVERAGE ANY COMMERCIAL OPERATIONS, WHICH WOULD INCLUDE CHARTERING A VESSEL AS DESCRIBED IN THIS AGREEMENT.

Owner agrees and acknowledges that Sea Chase has made available to Owner information and access to a marine policy that covers hull damage during commercial operations of the Yacht as described herein; that information is listed online in the BOATYARD. Further, Sea Chase may, at its sole discretion, provide Owner with financing for that policy listed online. Accordingly, without limiting the generality of any other Sea Chase disclaimer, Sea Chase hereby expressly disclaims any and all liability for damage to the Yacht arising out of or in connection with any Bareboat Charter Agreement; provided however, that such

liability does not arise from the gross negligence or willful misconduct of Sea Chas or its

employees. Owner agrees and acknowledges the following:

a. Sea Chase is NOT a transportation provider; Sea Chase merely provides an online

platform that connects Charterers with boat owners who desire to bareboat

charter their vessels, as well as with Captains available to charter. Sea Chase does

not own any vessels, nor employ any Captains and only conducts cursory

background checks on Captains listed on the Platform. Sea Chase does not screen

Charterers. The Charterer is free to retain any Captain, not just those Captains

listed on the Platform.

b. Owner will charter the Yacht directly to the Charterer pursuant to the terms and

conditions of the Bareboat Charter Agreement. Sea Chase is not a party to theBareboat Charter Agreement and, without limiting the generality of any other

Sea Chase disclaimer, Sea Chase expressly disclaims any and all liability arising out of or in connection with any Bareboat Charter Agreement.

c. Owner’s receipt of Services involves known and unknown risks associated with

maritime activities. Owner hereby agree to fully accept and assume all such risks

and all responsibility for losses, costs and damages Owner incurs as a result of the

Owner’s receipt of the Services.

5. Owner Obligations.

a. During the Term, Owner agrees to make the Yacht available to Charterers on the

Platform. Owner is free to make the Yacht unavailable for any reason on any day

(“Blackout Dates”); provided however, Owner agrees to provide Anchor with not

less than 30 days’ notice of any and all Blackout Dates. Owner will make

reasonable efforts to limit Blackout Dates to 7 per 30 days.

b. In accordance with Section 3 above, insure the Yacht at all times during the Term

with a commercial/charter policy that names Sea Chase as an additional loss payee.

6. Sea Chase Facilitation Services.

a. b. c. d. Sea Chase agrees to place the Yacht on the Platform in a format and presentation in its sole discretion.

Sea Chase will take pictures, as needed, of the Yacht at its expense and publish such

images on the Platform; Owner hereby grants Sea Chase full legal title to all such

images to use at its sole discretion and Owner waives any and all claims arising out

of or in connection with Sea Chases use of the images.

Sea Chase will preauthorize all Charterer credit cards for 1.25x of the charter fees

that will be charged to such Charterer for each bareboat charter entered into.

Sea Chase will retain such amounts over and above the charter rate as a damage

deposit on behalf of Owner.

Sea Chase will collect all fees and will remit fees collected to Owner as detailed online

in the BOATYARD.

7. Owner Representations and Warranties.

a. Owner is the sole and exclusive owner of the Yacht or has the authority to make

decisions on behalf of the yacht owner(s).b. The Yacht is seaworthy with no known defects that might affect the safe carriage

of passengers, is properly licensed to Owner, and there have been no material

changes to the condition of the Yacht since the most recent conducted survey.

c. Owner agrees to allow Sea Chase to prepare the yacht prior to and following all

charters.

d. Owner agrees to allow Sea Chase1 hour maximum pickup and drop-off time for

customers wishing to board the Yacht at a location other than its home port, dock

or marina. Owner will not incur any additional costs, other than the additional

hours on motor. Anchor agrees to pay additional Captain fees incurred from the

additional time on board. Charterer pays for all fuel as part of delivery fee as well.

e. Owner will provide, either on board the vessel or onsite at the Yacht’s home port,

dock or marina, proper cleaning supplies for the Captain to provide post-charter

cleanup as described below.

8. Anchor Representations and Warranties

a. All Captains connected to Charterers on the Platform will be licensed by the USCG

and rated for operation of the Yacht.

b. Unless the Vessel has a qualifying certificate of inspection, Charters will not

exceed 12 passengers + Charterer + Captain + Crew.

c. Anchor will arrange all cleanings of the Yacht after a charter has taken place.

Anchor will pay, with funds collected from Charterer, for 1 hour of professional

cleaning by an approved 3rd party vendor OR Anchor staff as the case may be.

d. Anchor will maintain the commercial general liability insurance referenced in

Section 3 above and described more fully in Exhibit B at all times during charter

operations, and such insurance will cover liability for damages to others caused by

the Yacht and the Charterer during all charter operations, including claims for the

Captain’s negligence or malfeasance.

9. The Terms of Service and Background above are hereby incorporated herein by reference.EXHIBIT A

BAREBOAT CHARTER AGREEMENT (EXAMPLE ONLY)

This BAREBOAT CHARTER AGREEMENT, made as of [insert date] by [insert name], individually

(“CHARTERER”) in favor of the “Owner” of the “Vessel” ([insert description of vessel], documentation # ),

1. 2. 3. 4. 5. 6. Owner has agreed, pursuant to those Terms of Use to let and demise bareboat and the Charterer

hereby agrees to hire on a bareboat basis upon the terms and conditions and for the consideration

hereinafter set forth, as well as the Terms of Use which are incorporated herein by reference, the

said Vessel for a period commencing for Jan 1 2025 and ending at Dec 31, 2025

Charterer acknowledges that Owner has warranted that the Vessel is in good seaworthy condition

and complies with all applicable laws and regulations pertaining to the condition of the Vessel.

Charterer takes complete possession of the vessel, operating it as if it were their own: (i) The Charterer becomes the owner for most legal purposes, such as the vessel’s seaworthiness; (ii) Charterer assumes total liability for the vessel’s operation; (iii) Charterer has provided a qualified captain/crew; (iv)

Charterer is responsible for pollution cleanup, and any other liability normally flowing to a vessel

owner; (v) Charterer shall be solely responsible for loss, detention, or damage to vessel during the

term of charter, or resulting therefrom, whether such loss, detention or damage be latent or patent

defects of condition(s); and (vi) Charterer has complete control over the captain and the crew, except as to the safe navigation and safety of the vessel.

Charterer warrants that the skipper hired by Charterer will be a qualified and competent person who

shall be responsible for the safe navigation of the Vessel.

Charterer agrees to secure and keep in force during the entire term of this Charter, a standard marine insurance policy including hull coverage, to full value, and protection and indemnity coverage in such form, with such carrier or carriers so as to protect Owner against any and all liability incident to the operation of the Vessel.

Charterer agrees that the Vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of itself and guests during the term of this Charter. Charterer further agrees not to

transport MERCHANDISE FOR HIRE or CARRY PASSENGERS FOR HIRE, or engage in any trade, or in any way violate any laws of the United States or of any other government within the jurisdiction of which the Vessel may be at any time during the Charter.

IN WITNESS WHEREOF, the Charterer has executed this Bareboat Charter Agreement as of the day and year first above written.

CHARTERER:

_____________________, individually____________________________________

By Typing Agree In the Online Acceptance Box Charterer will be bond by above agreement .

______________________________Charterer, individually

BY CLICKING AGREE BUTTON I ACCEPTED AND AGREED:

SEA CHASE CHARTER, LLC