TERMS OF AGREEMENT

Clearview Charter LLC – Terms of Agreement

Business Entity: Clearview Charter LLC

1. DEFINITIONS

  • “Company” refers to Clearview Charter LLC, including its owners, officers, employees, and affiliates.
  • “Client” refers to the person or entity reserving or chartering a vessel.
  • “Charter” refers to the service period during which the vessel is rented or reserved.
  • “Vessel” refers to any boat, yacht, or watercraft owned or operated by Clearview Charter LLC

    2. ACCEPTANCE OF TERMS

By making a reservation or engaging with Clearview Charter LLC services, the Client agrees to be 
bound by these Terms of Agreement. If you do not agree, do not proceed with the booking.

3. BOOKING AND PAYMENT

  • A deposit of $1,000 is required to secure your reservation on a 4 hour tour and $1,500 for a 7 hour tour
  • Full payment is due (72 hours) prior to the scheduled charter.
  • Payments are accepted via 
  • Visa
  • Mastercard
  • American Express (AmEx)
  • Discover & Diners Club
  • A confirmation email or invoice will be issued upon successful booking.

4. CANCELLATION AND REFUND POLICY

  • Client cancellations:
    • 100% refund if canceled more than 7 days before the charter.
    • 50% refund if canceled within 3 days of the charter.
    • No refund if canceled less than 24 hours before the charter.
  • Company cancellations (weather, mechanical issues, or safety concerns):
    • Client may reschedule or receive a full refund.

5. WEATHER POLICY

The Company reserves the right to cancel or reschedule charters due to unsafe weather conditions at the 
sole discretion of the captain. Light rain or overcast skies do not constitute unsafe conditions.

6. RULES OF CONDUCT

  • All passengers must follow the captain’s instructions at all times.
  • No illegal drugs, weapons, or hazardous materials are allowed on board.
  • Alcohol may be consumed responsibly by adults over 21 years of age.
  • Disruptive, intoxicated, or unsafe behavior will result in immediate termination of the charter with no refund.
  • Children under 13 must wear life jackets at all times.

7. DAMAGE & LIABILITY

  • The Client is responsible for any damage to the vessel caused by themselves or their guests.
  • A security deposit may be required and will be returned after inspection.
  • The Company is not liable for personal property lost or damaged during the charter.
  • The Client agrees to indemnify and hold harmless Clearview Charter LLC, its owners and employees from 
    any and all liability, claims, loss, or damages arising from the use of the chartered vessel.

8. BOATING RELEASE AND WAIVER OF LIABILITY ASSUMPTION, OF RISK, 
AND INDEMNITY AGREEMENT

IN CONSIDERATION of being permitted to use in any way in YACHT/PERSONAL WATERCRAFT activity and any activity associated with it (hereinafter referred to as “Activity or Activities”), I, for myself for personal representatives, assigns, heirs, and next of kin:  

1. ACKNOWLEDGE, agree, and represent that I understand the nature of Boating Activities, both on water and land based, and that I am qualified, in good health, and in proper physical condition to participate in such activity;   

2. FULLY UNDERSTAND that: (a) BOATING & IN WATER ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis and death ("Risks"); (b) these risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releasees named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, ANY INJURIES AND DAMAGES IN AND OUT OF THE WATER, I incur as a result of my participation in the Activity; Such water activities may include but not limited to: Water tubing, fishing, floating, diving, swimming, and or other.  

3. AGREE AND WARRANT that I will examine and inspect any Activity in which I take part in while renting the yacht from Clearview Charter LLC or from website: www.Clearview Charter LLC, and that if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction.  

4. HEREBY RELEASE, discharge, and covenant not to sue any parties of Clearview Charter LLC, or any pick up and drop off located at Montauk Yacht Club, Montauk, NY or Wrightsville Beach Marina, Wilmington, NC surrounding areas, as well as their owners, administrators, directors, agents, officers, volunteers, and employees, other participants, regatta organizers, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the Releases herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releases or otherwise, including negligent rescue operations; and further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of these Releases, 

I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability damage, or cost which any may incur as the result of such claim.  

5. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. 

6.  I UNDERSTAND - My request for a pontoon may be denied for any reason, and or if any information is incomplete, false and or does not meet reservation requirements. It is clear that Clearview Charter LLC does not and shall not discriminate on the basis of race, color, religion, gender, gender expression, age, and or national origin. 
. By submitting the reservation agreement or participating in any charter service:

  • You acknowledge the inherent risks of boating and agree to voluntarily assume all risk.
  • You release and waive any claims against Clearview Charter LLC for injury, death, or loss that may occur 
    while onboard, whether caused by negligence or otherwise.
  • This release is binding on you and your heirs, executors, legal representatives, and assigns.

9. PHOTOGRAPHY & MEDIA CONSENT

The Client grants permission for Clearview Charter LLC to capture photos or videos during the charter for 
marketing and promotional purposes unless a written request is made to opt-out prior to the charter.

10. PRIVACY POLICY

Clearview Charter LLC collects only necessary personal information for booking and safety purposes. 
Your information is never sold or shared with third parties without consent, except as required by law.

11. GOVERNING LAW

This agreement shall be governed by the laws of the State of New York without regard to conflict of law 
principles. Any disputes shall be handled in the courts located in Suffolk County, New York

12. ENTIRE AGREEMENT
This document constitutes the entire agreement between the Client and Clearview Charter LLC. Any amendments 
must be made in writing and signed by both parties.