Barefoot Paradise LLC (the “Company”), as an intermediary, agrees to provide services to the Customer to facilitate their Charter with an unaffiliated third-party for the Term commencing on the Commencement Date, being the date on which the Charter departs from the dock, as follows:
A. Services: The Company acts as an intermediary by connecting customers with reputable yacht charter and third-party providers. Our services include:
B. Fees: The Customer agrees to pay the Charter fee and associated commission and any ancillary charges as and when they come due.
C. Payment: All payments for services by the charter company and third-party services, must be paid on the date listed on the invoice. Failure to conclude payments can result in delayed or denied of boarding.
D. Credit Cards: The Company does not accept American Express (AMEX) cards. Any payments made using AMEX will be refunded minus applicable credit card fees. The Customer will have the option to provide another form of payment.
E. Refunds and Cancellations: If a charter is cancelled, the refund policy of the respective charter company will apply. If a refund is agreed upon between the guests and the charter company, the Company will process the refund in the same manner it was received. The charter company will refund the Company, and the Company will issue a cheque to the Customer for the amount refunded by the charter company, minus the Company’s commission and any credit card processing fees. For changes in reservation dates, the charter company’s policy will take effect. An additional fee of $250 will be charged for date changes.
To the fullest extent permitted by law, the Company, including its directors, officers, employees, agents, contractors, successors, and assigns, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss or other intangible losses resulting from or arising out of:
In no event shall the Company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including negligence, or otherwise) exceed the amount paid by you, if any, for accessing the services.
By using the Company’s services and payment of any applicable Fees, the Customer, their heirs, executor administrators, successors and assigns and on behalf of the Customer for whom I am signing this waiver (collectively the “Releasors”) hereby release waive and forever discharge Barefoot Paradise, and each of its affiliates, holding and subsidiary companies, shareholders, directors, officers, agents, employees, representatives, volunteers and contributors (collectively, the “Indemnified Parties”) of and from all claims, demands, costs, expenses actions and causes of action, whether in law or equity, in respect of death, injury, illness, loss or damage to the person or property of the Customer, whether caused by the acts/omissions/negligence of Barefoot Paradise or otherwise, arising or to arise by reason of the Customer’s use of services offered by Barefoot Paradise or in connection with any activities whether affiliated with Barefoot Paradise or a Charter facilitated through Barefoot Paradise, whether prior to, during or subsequent to the Customer’s participation in any activities affiliated with the Charter, and any of the aforesaid. The Releasors further hereby undertake to defend and hold harmless and agree to fully indemnify and keep fully indemnified the Indemnified Parties from and against any and all liability incurred by any or all of them as a result of, or in any way connected or associated with, the Customer’s participation in any activities affiliated with the Charter or services provided by Barefoot Paradise. By submitting and signing this form the Releasors acknowledge, having read and agreed to the above waiver, release and indemnity, that it is understood this document constitutes a waiver of their right to commence any legal proceedings.
The Customer understands that the Company may collect their personal data to facilitate Charter bookings and hereby consent to the collection, use and processing of such personal data for the purposes of same. Such personal data may also be shared with third parties that deliver services to the Company in connection of the purpose stated. Any questions on the protection of your personal data should be directed to info@thebarefootparadise.com
You acknowledge that you have read this waiver of liability, indemnity agreement, and terms and conditions, that you fully understand its terms, and that you understand that you are giving up substantial rights, including the right to sue. You acknowledge that you are agreeing to these terms freely and voluntarily, and intend by your acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law.
The terms and conditions, including the waiver release and indemnity, are intended to be as broad and inclusive as permitted by the laws of the jurisdiction in which the services are provided. If any portion of these terms is held invalid, the balance shall continue in full legal force and effect.
The Company reserves the right to amend these terms and conditions at any time. All amendments will be sent via email and will be effective immediately.
By using our services, you signify your agreement to these terms and conditions. If you do not agree to these terms, the Company will not be able to provide the Services.
This Agreement shall be governed by and construed in accordance with the laws of Wyoming, USA. Any legal suit, action, or proceeding arising out of or related to this Agreement or the services provided hereunder shall be instituted exclusively in the courts of Wyoming, USA and each party consents to the jurisdiction of such courts in any such suit, action, or proceeding and waives any objection to the laying of venue of any such suit, action, or proceeding in such courts.
