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Grand Prix Yachting: Events Charter Agreement

BETWEEN:

SkyM8 Pty Ltd T/A Grand Prix Yachting, ABN 15 147 301 951

PO Box 2119, Airlie Beach, QLD 4802

Telephone: (+61) 0488 068719

Email: michael@grandprixyachting.com

 

AND

[We’ll insert your details here upon booking]

 

FOR

[We’ll insert your particular Event here upon booking], “The event”.

 

 

Collectively, Grand Prix Yachting and The Charterer are referred to as “Parties”.

 

The Parties agree to the following recitals:

 

Whereas, Grand Prix Yachting affirms it has the required experience and ability to provide The Charterer with the Services;

 

Whereas, the vessel ‘Merit’ is in 1D Commercial Survey for 25 unberthed passengers, 0 berthed passengers and 16 special persons.

 

Whereas, ‘passengers’ are only permitted to participate in the hoisting of sails and operation of the grinder under our P&I Insurance.

 

Whereas, ‘special persons’ are defined by AMSA meaning a person who is:

  1. all of the following:
    1. not the master, a pilot or a member of the crew;
    2. not a passenger of the vessel;
    3. on the vessel to perform or assist the performance of the special work being carried out on board the vessel; or
  2. an observer, trainee, person being coached or a coach; or
  3. employed by or a volunteer for an emergency services organization.

Whereas, the charterer intends to participate in the event fully, they provide their own P&I Insurance by way of being a member of an ‘Australian Sailing’ affiliated Sailing Club or hold a ‘Sail Pass’ for the duration of the event.

 

Whereas, the charterer understands they cannot and will not make a claim against Grand Prix Yachting under our P&I Insurance if they choose to participate fully in the event.

 

Whereas, Merit’s 1D Class permits it to operate in smooth and partially smooth waters only.

 

Whereas, the event takes the vessel outside its area of operation,  the charter ceases to be a private commercial charter and becomes a private charter ‘for sport and recreation’ with fees paid being deemed contributions to running and holding costs.

 

Whereas, Grand Prix Yachting agrees to be so engaged and to provide The Charterer the Services, all subject to the terms and conditions contained herein;

 

Whereas, the Parties desire to express in writing their mutual understanding and agreements with respect to this engagement; and,

 

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the Parties hereto, intending to be legally bound, do hereby agree as follows:

 

  1. GENERAL ACQUIESCENCE

The Charterer agrees to the provisions of this Private Charter Agreement.

 

The Charterer is entering into a share of a private charter for the purposes of the event that includes hiring a professional skipper and crew for the purposes of the event.

 

 

2.PROVISION OF SERVICE

The Charterer acknowledges that the documentation issued by the event committee forms part of this private charter agreement in terms of responsibilities involved in participating in the event. The Charterer will refer to the event committee’s website for the most up to date documentation.

 

The Charterer must be a member of a sailing club for event insurance purposes.

 

The Charterer assumes responsibility for their own Travel Insurance.

 

Charter contributions are valid for this Agreement only.

 

The private charter contribution is non-refundable unless a decision is made by Grand Prix Yachting to cancel the event due to insufficient guests to sail the vessel safely, as determined by the Skipper.

 

Charter contributions are quoted in AUD and include GST.

 

The Charterer agrees to settle their contribution to the private charter fee via direct deposit. Should the Charterer request to pay via Credit Card, a 1.5% processing fee will apply.

 

  1. LIABILITY

The Charterer agrees that Grand Prix Yachting shall not be held liable for results outside of its control, such as cancellation of activities due to dangerous weather or cancellations as a result of the vessel being damaged by severe weather, in the course of any event, or as a result of any activities associated with this Agreement.

 

We recommend The Charterer take out suitable Travel Insurance.

 

Grand Prix Yachting reserves the right to vary itineraries and services, arrange an alternative vessel and cancel departures if deemed necessary by the Skipper.

All activities aboard the vessel are subject to sea and weather conditions, particularly in the interests of Charterer safety.

 

Should Grand Prix Yachting be forced to cancel an activity due to weather conditions, Grand Prix Yachting’s liability is limited to offering an alternative activity where available.

 

Grand Prix Yachting cannot be held responsible for missed flights or consequent 

costs due to late arrival at airline check-in counter, whatever the cause.

 

Grand Prix Yachting shall not be held responsible for any property loss or damage and/or any claim resulting from personal injury or death arising particularly in activities on the vessel or other company property. This disclaimer applies irrespective of the cause.

 

Where another company or persons operate the service such as accommodation, uniforms and catering, Grand Prix Yachting is acting only as a Sales Agent. 

 

Responsibility and liability for that service lies with that operator.

 

The Charterer should advise Grand Prix Yachting of any medical conditions which may affect their level of participation in any activities participated in, in conjunction with Grand Prix Yachting and/or Event organisers. While this is voluntary, we recommend guests do so to allow Grand Prix Yachting to assist each person participating in the Charter in the best possible manner.

 

  1. CHARTERER RESPONSIBILITIES

In the interests of safety the Charterer will act on the instructions of the Skipper at all times. Failure to do so may result in the Charterer’s participation being terminated in the Event.

 

  1. PRIVACY POLICY

Please see the terms of Grand Prix Yachting’s Privacy Policy.

 

  1. INTEGRATION

This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between The Charterer and Grand Prix Yachting concerning the private charter.