Last update: May 16th, 2024

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PARTNERSHIP TERMS & CONDITIONS

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THIS TERMS & CONDITIONS is entered by and between Boatential LLC ("Agency") and the ("Partner"), collectively referred to as the "Parties", to establish the terms and conditions governing the partnership between the Agency and the Partner for the purpose of promoting, advertising, and offering the Partner's services to clients referred by the Agency. By using www.boatential.com and Agency services, the Partner acknowledges that they have read, understand, and agree to be bound by the provisions of these Terms and Condition.

 

Engagement and Services.

Subject to the terms, Agency hereby agrees to provide Partner with the following services (“Services"):

1.  Marketing & Promotion: Advertise Partner's services through digital platforms, social media, email marketing, and other channels.

2. Booking & Client Management: Manage inquiries, bookings, payments, and client introductions.

3. Client Communication: Respond to clients and prospects on Partner's behalf in a professional and timely manner.

4. Rate Adjustments: Adjust Partner's service rates (subject to agreed terms).

5. Media Usage: Utilize and modify Partner's digital media for promotional purposes. 

 

Partnership Terms

1. Partnership: This partnership creates no automatic obligations. Both parties retain the right to accept or decline bookings/reservations (written notice required for cancellations). Partner may provide a calendar for availability checks but is not bound by Agency-made bookings.

2. Communication: Partner agrees to inform Agency of cancellations, no-shows, or incomplete bookings (written notice required).

3. Listing Information: Partner agrees to maintain accurate and up-to-date listing information (including rates).

4. Modifications: Changes to these terms shall require written agreements from both Parties.

5. Existing Reservations: Partner will honor existing reservation terms and conditions (descriptions, fees, policies) even if Partner modifies their terms later.

 

Authorization for Advertising and Booking Services

Subject to compliance with the terms and conditions, Partner hereby authorizes Agency to advertise, book, and receive payments for Partner's services. The Agency shall be entitled to use its discretion for effective promotion and make minor improvements to Partner's information. Partner may grant calendar access for availability checks and bookings (but has the right to cancel or revoke access). The Agency will confirm bookings with clients upon payment receipt and inform Partner.

 

Assumption of Inherent Risks

Partner acknowledges inherent risks associated with their services (equipment issues, injuries, cancellations, etc.) and voluntarily assumes Partner agrees to exercise reasonable care for their own safety and participants' safety. Partner hereby releases the Agency from liability for any incidents arising from these inherent risks.

 

Non-Disparagement and No Malicious Acts.

Partner agrees to act professionally and avoid actions that harm Agency revenue or reputation. This includes: (i) Bypassing Agency for rebooked reservations after cancellation; (ii) Demanding higher rates from clients with existing reservations; (iii) Accepting payments directly from clients referred by Agency without remitting fees; and (iv) Withholding payments owed to the Agency.

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Partner shall be liable for reimbursing Agency for lost revenue due to any of these actions. Reimbursement shall include commissions, fees, and any additional costs incurred by the Agency. Any late payments will incur a 5% monthly fee. Partner shall also be responsible for Agency's legal and court fees if legal action is required to enforce these terms.

 

License, Insurance, and Legal Compliance

Partner represents they are legally authorized to operate and offer services. Partner agrees to maintain all required licenses, insurance (meeting legal minimums), and comply with all applicable laws throughout the partnership. Partner will promptly notify Agency of any non-compliance and is liable for any damages exceeding their insurance coverage. Partner indemnifies Agency for any claims arising from their non-compliance.

 

Equipment Maintenance and Safety

Partner shall be responsible for maintaining equipment in safe, working order, including regular inspections, repairs, and compliance with safety regulations. Partner will promptly address any malfunctions and remove unsafe equipment from use. Partner shall maintain accurate records of equipment inspections, maintenance activities, repairs, and any safety-related incidents and provide to Agency on request. Partner assumes full liability for injuries or damages resulting from the use of their equipment.

 

Payments and Sensitive Information Handling

Upon booking a service through the Agency, the Agency will collect a payment from the client in accordance with the agreed-upon payment structure (full payment or deposit). The Agency will provide the Partner with a breakdown of the collected amount, including the Partner's earnings and any Agency fees or commissions deducted. The Partner shall be responsible for collecting any remaining balance due directly from the client at the time of service (if applicable).

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The Agency will initiate payouts to the Partner within 1-7 business days after the services have been completed in full by the Partner. In the event of a late  cancellation or no-show where the Partner chooses not to offer a refund, the payout will be scheduled to initiate as if the service has been completed. Agency may withhold and/or reverse any payments or payouts from the Partner at its discretion, should it be deemed necessary for the best interests of the Agency and/or the client.

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The Partner is responsible for verifying the accuracy of the payment breakdown and their earnings provided by the Agency. Any errors must be reported immediately to the Agency for correction. If the Partner fails to notify the Agency of any discrepancies before service completion, Partner will be responsible for collecting any outstanding amounts directly from the client.

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In the event a client requests a refund out of the cancellation window or after service completion, the Partner must provide written confirmation to the Agency authorizing the refund. The Partner authorizes the Agency to reverse or withhold funds to facilitate the refund requested by the Partner. Partner acknowledges that refunded amounts will not be returned to the client until the Agency receives the full amount back from the Partner.

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The Partner agrees to handle all sensitive client information related to bookings facilitated by the Agency with the utmost care and confidentiality. This includes, but is not limited to, credit card details, personal information, and any other sensitive data. The Partner is responsible for requesting, checking, copying, and verifying that the client's identification matches the name on the reservation details provided by the Agency. The Partner has the right to refuse service to any customer who cannot be properly verified and must inform the Agency immediately of such refusals.

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In the case of disputed payments or chargebacks, Partner authorizes the Agency to withhold funds or reverse payments to recoup the disputed amount. If the Agency cannot reverse the payment or lacks sufficient funds from the Partner, the Partner agrees to settle any invoices issued by the Agency within the designated due date. The Partner acknowledges that disputed funds must be returned to the Agency before they can challenge the dispute with the client's bank. The Agency will provide the Partner with the opportunity to submit information, details, photos, or documentation to contest the dispute, which will be presented to the client's bank. If the bank resolves the dispute in the Partner's favor, the Agency will return the funds. However, if the bank rules in favor of the client, the funds will not be returned to the Partner. The Partner acknowledges that the Agency is not responsible for disputes resolved in the client's favor, nor for any disputes/chargebacks regardless of the nature. If the Agency initiates legal action to recover disputed funds from the Partner, the Partner agrees to reimburse the Agency for any legal and/or court fees incurred during the process.

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The Partner shall be solely responsible for paying any state or federal taxes on the funds received from the Agency. The Agency will not be liable for any tax penalties, fines, liens, or imprisonment resulting from the Partner's failure to fulfill tax obligations. The Partner acknowledges that the Agency is required by law to report payments to the Internal Revenue Service. Partner will receive a 1099 tax form (either electronically or by mail) from the Agency or its payment processor.

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The Partner shall implement appropriate security measures to safeguard the privacy and security of client information. These measures may include data encryption, secure data storage practices, and compliance with applicable data protection laws. The Partner agrees to indemnify and hold the Agency harmless from any claims, damages, or liabilities arising from the Partner's handling of sensitive information hereunder.

 

Cancelation, Rescheduling and Weather Policy

1. Cancellation Policy: Partner may set their own policy aligned with Agency's Weather Policy (refer "Weather Policy"). For no-shows and late cancelations made by client, the Partner will have the option to request a full or partial refund to client or payout to Partner. If Partner chooses to request a payout for no-shows or late cancellations made by client then payouts will be initiated as described in "Payments and Sensitive Information Handling". For no-shows or cancelations made by Partner, the Agency will refund Client in accordance to agreement between Agency and client. For cancellations made by client within the cancellation window, the Agency will refund Client in accordance to agreement between Agency and client. Partner authorizes Agency to adjust policy as needed.

2. Weather Policy: Partner may cancel/reschedule due to unsafe weather without penalty. Partner agrees to follow Agency's Weather Policy, promptly informing Agency of any weather-related changes.

3. Rescheduling Policy: Partner may impose fees for rescheduling if not related to unsafe weather conditions, detailed in listing terms. Partner must inform Agency promptly of any customer rescheduling decisions.

 

Rate Adjustment Authorization

Partner hereby authorizes Agency to adjust rates as needed, without obligation to compensate for differences in the rates provided that the Agency shall not sell Partner's services below the agreed rates without prior authorization. Agency may offer discounts within agreed limits, and shall require Partner's authorization for any discounts that exceed the Partner's payout. Agency reserves right to make modifications to listing information in order to follow its terms and conditions.

 

Listing Authority and Executive Decision-Making

Partner grants Agency the authority to list Partner's boat(s) and/or business and related information on its platform and marketing channels. In the event that Partner is not the vessel or business owner, Partner hereby confirms they have owner's authorization to make such listing and marketing decisions and indemnifies Agency for any issues arising from their representation or decisions. Agency shall have the right to request the written consent of the owner to verify Partner's authority.

 

Limitation of Liability

In no event shall either party be liable to the other for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of business, or loss of data, arising out of or in connection with this agreement, even if the party has been advised of the possibility of such damages.

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Each party's total liability under these terms and conditions, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount of fees paid by the Client to the Agency under this agreement during the six (6) months immediately preceding the date on which the liability arose.

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Notwithstanding anything to the contrary in this Agreement, the limitations of liability set forth in this clause shall not apply to liability arising from (a) willful misconduct, (b) fraud, (c) bodily injury or death, or (d) any breach of confidentiality or intellectual property rights obligations.

 

Indemnification

Partner hereby releases Agency from all claims related to this partnership, and agrees to indemnify Agency for liabilities arising from services or activities conducted under this terms and conditions. All legal proceedings shall be conducted in Broward County, Florida. Partner releases Agency from claims of damage or loss to equipment involved in participant bookings.

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Partner releases Agency from claims related to injury, death, or incidents involving participants. Partner shall be responsible for any legal action arising from unnamed individuals associated with the same party/group. Partner agrees to promptly reimburse Agency for any losses resulting from incidents involving participants booked through Agency referrals.

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In the event that any lawsuits, legal fees, or fines arise from incidents involving participants booked and/or referred from the Agency, and the Agency is affected in any way, the Partner agrees to promptly reimburse the Agency for any money(s) and/or funds lost as a result of such incidents.  The Partner agrees to indemnify and defend the Agency and its agents, employees, officers, and directors from and against any and all claims, demands, suits, actions, liabilities, losses, costs, expenses, and damages arising from or related to any legal action taken against the Agency in relation to payments, payouts and/or services rendered by the Partner.

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Term and Termination

The Agreement of these terms and conditions shall commence on the date of sign up and/or listing created and shall remain in effect indefinitely unless terminated by Partner which must be made know to Agency in writing. By using www.boatential.com and/or accepting reservations from Agency, Partner agrees to be bound by the terms and conditions in its up to date terms which can be viewed here: Terms and Conditions. Notice of intent to terminate agreement can be sent to info@boatential.com.

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Notwithstanding the foregoing, either party may terminate this Agreement for convenience by providing written notice of termination to the other party. The termination shall take effect on the date specified in the notice, or if no date is specified, on the date the notice is received by the other party. Upon termination of this Agreement, all rights and obligations of the parties under this agreement shall cease, except for those that by their nature should survive, including but not limited to the provisions related to confidentiality, liability, indemnification, and dispute resolution.

 

Media Release

The Partner hereby grants the Agency permission to use any photographs, videos, or other digital media, taken or provided by the Partner, in any and all of its publications, including web-based publications, without payment or other consideration. The Partner authorizes the Agency to use, in any way deemed necessary, any of its photographs, videos, and/or other digital media that are or were posted on the Partner's website(s), social media account(s), and/ or shared directly with the Agency for the furtherance of this Partnership. The Partner understands and agrees that all photos, videos, and digital media will become the property of the Agency and will not be returned. The Partner hereby irrevocably authorizes the Agency to edit, alter, copy, exhibit, publish, or distribute these materials for any lawful purpose. The Partner waives any and all rights to inspect or approve the finished product and waives any right to royalties or other compensation arising or related to the use of the photo, video, and/or digital media.

 

General

This Agreement constitutes the entire agreement and understanding between the Parties. Any failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. Neither Party may assign any or all of its rights and obligations to a third party without prior consent. Neither Party shall be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control. If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Any notice, demand, or other communication required or permitted to be given under this agreement shall be in writing and shall be deemed given when delivered personally or sent by registered, certified mail or e-mail, return receipt requested, to the addresses of the Parties as set forth in this Agreement or to such other address as may be designated in writing by either Party. There is no joint venture, partnership, employment or agency relationship created between the Parties as a result of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Florida without giving effect to its conflict of laws provisions.

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Questions regarding Terms and Conditions can be directed to info@boatential.com