GOOD TIME TOURS, LLC BOAT LICENSE AGREEMENT
GOOD TIME TOURS, LLC BOAT LICENSE AGREEMENT
This BOAT LICENSE AGREEMENT (hereinafter “Agreement”) is made by and between GOOD TIME TOURS, LLC, a Texas Limited Liability Company, including all of its members, owners, agents, servants and/or employees (collectively referred to as “Licensor”), and _________________________(“Licensee”) regarding the use and temporary occupancy of Licensor’s thirty-one foot Pontoon Boat “Rambunctious” (TX Certificate TX7740CJ) (hereinafter “Boat”).
SECTION I. LICENSE PERIOD AND FEES
In consideration of the obligation of the Licensee to pay the total license fee(s) and other fee(s) provided in this Agreement and in consideration of the other terms, covenants, and conditions of this Agreement, Licensor hereby licenses to Licensee and Licensee hereby licenses from Licensor temporary use and occupancy of the Boat as follows:
1. Reservation License Period: Licensee and up to nineteen (19) guests will have use of the Boat from _________.m. to ________.m. on the ______ day of ______________, 20____.
2. License Fee: The License Fee for the Reservation License Period shall be a total of $__________________________ paid as follows:
A. Non-Refundable Deposit (DUE AT BOOKING): $____________________
___ Non-Refundable Deposit: A non-refundable deposit of Five Hundred Dollars ($500.00) is due and owing to Licensor upon the execution of this Agreement. Payment of this amount is required to confirm and hold the Boat for the Reservation License Period. Licensee understands and agrees that this deposit is non-refundable and shall be forfeited to Licensor as liquidated damages if Licensee cancels the reservation, no-shows or defaults on this Agreement.
B. Remaining Balance: $____________________
___ Remaining Balance: Any unpaid portion of the License Fee, after crediting the NonRefundable Deposit above, is due and owing to the Licensor five (5) days prior to the date of Reservation License Period. Failure to timely make this payment will be considered a default of the Agreement by the Licensee. Licensee understands and agrees that, upon payment, the full License Fee is non-refundable and shall be considered liquidated damages for the Licensor if the Licensee cancels the reservation after payment is made or otherwise defaults this Agreement.
3. Security/Damage Deposit. In addition to the License Fee, Licensee agrees to pay Licensor a Refundable Security/Damage Deposit in the amount of Two Hundred Dollars ($200.00).
____ Security/Damage Deposit: A Security/Damage deposit is due and payable prior to boarding the Boat on the date of reservation. This deposit is not an estimate or limit of the amount that may be actually charged to Licensee, where applicable. This deposit shall be paid by credit card only. Any unused portion of the Security/Damage Deposit paid to Licensor will be promptly returned to Licensee after the Reservation License Period expires and Licensor has an opportunity to inspect the Boat for damage. By signing this Agreement, Licensee expressly authorizes Licensor to charge Licensee’s credit card for the full amount of all damages caused by Licensee, or any guest or invitee of Licensee, to the Boat (whether or not those amounts exceed the security/damages deposit specified in this paragraph). Licensee further expressly authorizes Licensor to charge Licensee’s credit card for any cleaning fees, if applicable or for any additional License Fees owed to Licensor as a result of Licensee’s, or any guest of Licensee, use of the Boat. Licensee further expressly agrees that should any outstanding charge owed by Licensee not be honored by his/her credit card company, that Licensee will immediately pay Licensor all unpaid amounts due in cash or by
Licensee Initials: __________
____ *** PLEASE TAKE NOTICE THAT THIS AGREEMENT INCLUDES RELEASES, WAIVERS, ASSUMPTIONS OF RISK, INDEMNIFICATIONS AND OTHER RISKSHIFTING PROVISIONS. PLEASE TAKE THE TIME TO CAREFULLY REVIEW EACH SECTION PRIOR TO INITIALING AND SIGNING THIS AGREEMENT.
1. Additional Time: If the Licensee requests to extend the Reservation License Period and Licensor agrees, License will be charged a rate of $__________ for each additional hour of use beyond the Reservation License Period. Full Payment for any additional time is due and payable immediately and shall be paid by credit card or cash only. There are no refunds for late arrivals or early returns. Once the Reservation License Period has begun, no adjustment to the License Fee will be made as a result of adverse or inclement weather, otherwise unsafe water conditions or any other condition outside of Licensor’s direct control.
2. Additional Amounts Due. Any additional amounts due to Licensor from Licensee that are not specifically addressed in this Agreement are due and payable, via credit card, cash or cashier’s check only, within five (5) days of Licensee’s receipt of notice of those additional amounts. Notice of any additional amounts due will be provided to Licensee within ten (10) days after the reservation date.
3. Address for Notice. Licensee states and affirms that the following electronic mail address may be used for any pre or post-reservation date correspondence. Licensee further agrees that written delivery to this electronic mail address will properly effectuate notice of any Additional Amounts Due or any other matter where notice is required under this Agreement.
Licensee Name: ______________________________________ Licensee Email Address: ______________________________________
Any notice required to be provided under this Agreement may be provided to Licensor as follows:
Good Time Tours, LLC Email: email@example.com 4. Cancellation by Licensor. Licensor reserves the right to cancel this Agreement due to inclement or impending bad weather or otherwise unsafe water conditions. Licensor further reserves the right to cancel this Agreement should the Boat be damaged and require repair. Should Licensor cancel the Agreement for any of the reasons enumerated in this section, Licensee will not be entitled to a refund of any portion of the License Fee already paid. However, the Licensee may reschedule the reservation for a date and time in which the Boat is available in the same season. If the Licensee does not reschedule the reservation within the same season as the original reservation was made, Licensee understands and agrees that the License Fees already paid shall be non-refundable and considered liquidated damages for the Licensor.
5. Notice of Cancellation. To be effective, notice of cancellation provided by either party must be made in writing via electronic mail to the address(es) provided in Section II.3 above.
6. Duties of Licensee. Licensee acknowledges and agrees that it is Licensee’s sole obligation to inform Licensee’s agents, servants, employees, invitees and/or guests of the rules and regulations of the Boat, including but not limited to those enumerated in this Agreement, any and all written rules located on the Boat’s website located at https://goodtimeaustin.wpengine.com/, any and all rules provided by the Boat captain, as well as verbal directions that may be given by the Boat captain and/or other Good Time Tours, LLC, representatives, staff or employees prior to or during the use of the Boat. Furthermore, it shall be Licensee’s sole responsibility to comply with all rules and regulations as well as enforce their guests and/or invitee’s compliance with the rules and regulations. Any violation of the rules and regulations will be deemed to be the actions of the Licensee and will constitute a breach of this Agreement and will automatically terminate the license provided to Licensee under this Agreement.
Licensee Initials: __________
7. Maximum Occupancy. Maximum occupancy on the boat is strictly limited to twenty (20) individuals at a time.
8. Prohibition of Illegal Activities. No illegal activity shall be conducted by the Licensee or the Licensee’s guests and/or invitees while aboard of the Boat nor shall the Boat be utilized for any illegal purpose.
9. Supervision of Minor Children. Licensee agrees that any children under the age of eighteen (18) years, present on the Boat during the License Period, will, at all times, remain under close adult and/or parental supervision and are subject to the rules and regulations. For every five (5) minors, one (1) adult must be present and responsible for supervising those five (5) minors. Minors shall not be unsupervised at any time during the License Period. Further, Licensor agrees to provide life jackets for any child under twelve (12) years old. No life jackets for children under twelve (12) years old will be provided by Licensor and no child without a life jacket will be allowed to board the Boat.
10. Boat Cleanup. Licensee understands and agrees that it is solely the responsibility of the Licensee to clean up the Boat after the License Period as follows: ______ All garbage shall be picked up, bagged and disposed of in a legal manner; and ______ All possessions or items brought aboard the Boat by the Licensee or any of the Licensee’s guests and/or invitees shall be removed from the Boat by the Licensee at the expiration of the License Period. LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY ITEM LEFT ON THE BOAT AT THE EXPIRATION OF THE LICENSE PERIOD. FAILURE TO PROPERLY REMOVE ALL ITEMS MAY RESULT IN THE ITEM’S IMMEDIATE DISPOSAL BY LICENSOR AND A CLEANING CHARGE FEE.
11. No Unauthorized Changes to Boat. Licensee shall not make any alterations, additions, or improvements to the Boat without the prior written consent of Licensee.
12. Compliance with All Applicable Laws. Licensee shall, at his or her own expense, ensure Licensee’s, as well as Licensee’s guests and/or invitees, compliance with any and all laws, orders and/or requirements of any and all federal, state, county and/or municipal governmental agencies and/or entities, in regard to the use and/or occupancy of the Boat.
13. Condition of Boat. Licensee acknowledges that he/she has carefully examined the Boat and finds it clean and suitable for the purpose for which it is licensed; Licensee further acknowledges that all other accessory equipment is in clean, suitable and acceptable condition. Licensee further agrees that he/she shall maintain both the Boat and equipment in a clean, safe and dependable condition during the License Period.
14. Return of Boat in Good Condition. Licensee shall surrender the Boat in the same condition in which it was provided. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT ANY PAYMENT REQUIRED TO REPAIR AND/OR REPLACE DAMAGE TO THE BOAT CAUSED BY THE LICENSEE AND/OR THE LICENSEE’S GUESTS AND/OR INVITEES SHALL BE IMMEDIATELY PAID TO LICENSOR BY LICENSEE UPON DISCOVERY AND DEMAND PURSUANT TO THE TERMS OF THIS AGREEMENT. SECTION III. DEFAULT
1. Default. The following events shall be deemed to be events of default by Licensee under this Agreement:
____ Failure of Licensee to pay when due any License Fee or any other amounts, sums or charges due under this Agreement; ____ Failure of Licensee, or any guest and/or invitee of Licensee, to comply with any term, provision, or covenant of this Agreement other than payment of fees.
Licensee Initials: __________
On the occurrence of any such events or Default, Licensor shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever:
a. Immediate Termination of this Agreement; b. Expulsion or removal of Licensee, including any guest and/or invitee of Licensee, or any other person who may be occupying the Boat; and/or c. Enforcement of Licensee’s obligations under the terms of this Agreement, with Licensee agreeing herein to reimburse Licensor on demand for any expenses that Licensor may incur in thus effecting compliance with Licensee’s obligations under this Agreement.
Upon the occurrence of any event of default, should Licensor be required to enforce the provisions of this Agreement through formal legal action, Licensee agrees to pay any and all reasonable attorney’s fees, expenses and costs of court incurred by Licensor.
PURSUIT OF ANY OF THE FOREGOING REMEDIES SHALL NOT PRECLUDE PURSUIT OF ANY OF THE OTHER REMEDIES PROVIDED IN THIS AGREEMENT OR ANY OTHER REMEDIES PROVIDED BY LAW, NOR ANY LICENSE FEE DUE TO LICENSOR UNDER THIS AGREEMENT OR OF ANY DAMAGES ACCRUING TO LICENSOR BY REASON OF VIOLATION OF ANY OF THE TERMS, PROVISIONS, OR COVENANTS CONTAINED IN THIS AGREEMENT. FORBEARANCE BY LICENSOR TO ENFORCE ONE OR MORE OF THE REMEDIES PROVIDED ON AN EVENT OF DEFAULT SHALL NOT BE DEEMED OR CONSTRUED TO CONSTITUTE A WAIVER OF THE DEFAULT OR ANY SUBSEQUENT DEFAULT.
SECTION IV. RELEASES, WAIVERS, ASSUMPTIONS OF RISK & INDEMNIFICATIONS
ATTN: RISK-SHIFTING PROVISIONS FOLLOW – PLEASE READ EACH CAREFULLY
____ Notice of Malfunction: Licensee understands and agrees he/she shall immediately report any malfunction, breakdown or defect discovered during the License Period. Continued use of the Boat shall be entirely at the Licensee’s expense and risk and thus Licensee assumes and agrees to pay and be responsible for, and to defend, indemnify and hold Licensor harmless from and against any and all costs, expenses, claims, demands and liabilities of injury and damage to all persons and property, including the Boat, that may be caused by continued use.
____ Hazardous Activity: Licensee understands and agrees that embarking on use of the Boat is a potentially hazardous and/or inherently dangerous activity involving significant risks and dangers that could result in damage to property and/or physical harm or injury, including death, to persons.
_____ These risks and dangers may include, but are not limited to, submerged obstacles, boater error or negligence, wind and/or weather conditions and equipment breakage or malfunction. LICENSEE VOLUNTARILY CHOOSES, HOWEVER, TO AND DOES HEREBY, EXPRESSLY ASSUME ALL RISKS AND DANGERS THAT MAY BE ASSOCIATED WITH OR MIGHT OTHERWISE ARISE FROM LICENSEE’S USE OR OPERATION OF THE BOAT. Therefore, in consideration of, and as part of payment for, the opportunity to license the Boat from Licensor, LICENSEE , FOR AND ON BEHALF OF ITSELF, ITS SPOUSE AND/OR OTHER FAMILY MEMBERS, AGENTS, SERVANTS, EMPLOYEES, INVITEES AND GUESTS, AND THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY AGREES THAT (a) LICENSOR, ITS OWNERS, MEMBERS, EMPLOYEES, PARENTS, AFFILIATED AND/OR SUBSIDIARY ENTITIES, AND THEIR AGENTS AND ASSIGNS SHALL NOT BE HELD LIABLE OR ACCOUNTABLE TO LICENSEE OR TO ANY OF LICENSEE’S AGENTS, SERVANTS, EMPLOYEES, INVITEES OR GUESTS, FOR ANY AND ALL COSTS, EXPENSES OR DAMAGES, INCONVENIENCE OR TIME LOSS CAUSED BY ANY
Licensee Initials: __________
BREAKDOWN OR MALFUNCTION OF THE BOAT OR BY REASON OF ANY ACCIDENT OR ACT OF NEGLIGENCE and (b) LICENSEE HEREBY RELEASES AND FULLY DISCHARGES LICENSOR FROM ANY AND ALL COSTS, EXPENSES, LIABILITIES, CLAIMS, DEMANDS, RIGHTS, SUITS, CONTROVERSIES, DAMAGES OR CLAIMS FOR DAMAGES, ACTIONS OR CAUSES OF ACTION OF EVERY KIND AND CHARACTER WHATSOEVER, WHETHER PREDICATED OR BASED ON THE NEGLIGENCE (WHETHER ORDINARY NEGLIGENCE, GROSS NEGLIGENCE, CONTRIBUTORY NEGLIGENCE OR OTHERWISE) OR MISCONDUCT OF THE LICENSOR.
THE FOREGOING RELEASES, WAIVERS, ASSUMPTIONS OF RISK AND INDEMNIFICATIONS ARE ALL INDIVIDUALLY MATERIAL TO INDUCING THE LICENSOR INTO ENTERING THIS AGREEMENT.
____ RELEASE AND INDEMNITY: LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR LICENSEE’S AGENTS, SERVANTS, EMPLOYEES, INVITEES OR GUESTS FOR ANY LOSS OR DAMAGE TO ANY SUCH PERSONS OR PROPERTY OF LICENSEE OR SUCH OTHER PERSONS CAUSED BY ANY ACT OF NEGLIGENCE OF LICENSOR, LICENSEE OR LICENSEE’S AGENTS, SERVANTS, EMPLOYEES, INVITEES OR GUESTS, AND LICENSEE HEREBY RELEASES, INDEMNIFIES AND HOLDS HARMLESS LICENSOR FROM ANY SUCH LOSS, EXPENSE, OR CLAIM ARISING OUT OF ANY SUCH DAMAGE OR INJURY WHETHER SUCH LOSS, EXPENSE OR CLAIM OCCURS ON OR OFF THE BOAT.
____ IN THE EVENT THAT ANY PERSON, WHETHER OR NOT A PARTY TO THIS AGREEMENT, SHALL MAKE ANY CLAIM OR FILE ANY LAWSUIT AGAINST LICENSOR FOR ANY NEGLIGENT ACT OR OMISSION, CONCURRENT OR SOLE, OR FOR ANY SERVICE PROVIDED, OR FOR ANY PREMISES LIABILITY CLAIM, IN ANY RESPECT, LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD LICENSOR HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS’ FEES.
____ NON-LIABILITY FOR CERTAIN DAMAGES: LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR ANY OF LICENSEE’S AGENTS, SERVANTS, EMPLOYEES, INVITEES OR GUESTS FOR ANY INJURY TO PERSON OR DAMAGE TO PROPERTY CAUSED BY THE ESCAPE OR LEAKAGE OF GAS, WATER, STEAM, ELECTRICITY, OR OIL ON OR INTO THE BOAT, NOR SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY OF LICENSEE’S AGENTS, SERVANTS, EMPLOYEES, INVITEES OR GUESTS FOR ANY LOSS OR DAMAGE THAT MAY BE OCCASIONED BY OR THROUGH ANY “ACT OF GOD” OR ANY ACT OR OMISSION OF LICENSEE OR LICENSEE’S AGENTS, SERVANTS, EMPLOYEES, INVITEES OR GUESTS.
SECTION V. MISCELLANEOUS PROVISIONS
1. The parties further agree that:
(a) The terms of this Agreement are contractual and are not mere recitals;
(b) This Agreement, and all exhibits to this Agreement (if applicable), constitute the final and entire agreement between the parties with respect to the matters set out herein, and supersede all prior understandings and agreements, whether oral or written, among or between the parties with respect to the matters set out herein;
(c) This Agreement may be executed in multiple counterpart originals, all of which, taken together, shall be considered one and the same document. Facsimile and scanned signatures will be sufficient to render this Agreement effective and enforceable. Except as otherwise set forth herein, original signatures will be substituted at a later date, if available;
(d) None of the terms of this Agreement (or any exhibits to this Agreement) may be altered, amended,
Licensee Initials: __________
modified, or otherwise changed, except by a writing duly executed by all of the parties which expressly states that such writing is superseding, modifying or amending this Agreement (or any exhibits to this Agreement);
(e) The failure of any party to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision, nor in any way affect the validity of this Agreement or any part thereof or the right of any person thereafter to enforce each and every provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other breach;
(f) The parties acknowledge and agree that time is of the essence with regard to all matters addressed or contemplated under this Agreement;
(g) This Agreement is entered into and performed in Travis County, Texas. Accordingly, this Agreement shall be interpreted and construed under the laws of the State of Texas, and venue for all suits arising out of or relating to this Agreement shall be brought exclusively in the State Courts of Travis County, Texas;
(h) This Agreement shall not be construed against any party as the drafting party. The parties agree that the presumptions against the drafter of a document shall not apply to any dispute regarding interpretation of this Agreement;
(i) If any provision(s) or term(s) of this Agreement is held to be illegal, invalid, or unenforceable, such provision or term shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised part of this Agreement, and the remaining provisions and terms of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or term, or by its severance. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision or term there shall be added automatically as a part of this Agreement another provision or term as similar to the illegal, invalid, or unenforceable provision, as may be possible and that is legal, valid, and enforceable;
(j) This Agreement shall be binding on and inure to the benefit of the parties and their respective subsidiaries, affiliates, heirs, executors, administrators, legal representatives, successors, and assigns; and
(k) LICENSOR HEREBY DISCLAIMS ANY AND ALL IMPLIED REPRESENTATIONS OR WARRANTIES CONCERNING THE BOAT WHICH IS THE SUBJECT OF THIS AGREEMENT AND LICENSEE HEREBY ACKNOWLEDGES THAT THE LICENSOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES CONCERNING SAID CRAFT (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) OTHER THAN THOSE REPRESENTATIONS OR WARRANTIES, IF ANY, WHICH ARE EXPRESSLY SET FORTH IN THIS AGREEMENT.
************************************************************************************* By executing this Agreement, Licensee acknowledges that he/she has read the Agreement and understands its meaning and significance. Licensee further states and acknowledges that he/she is over eighteen (18) years of age and is otherwise competent to execute this Agreement.
LICENSEE ACKNOWLEDGES THAT HE/SHE IS ASSUMING THE RESPONSIBILITY FOR ALL PERSONS IN HIS/HER PARTY UTILIZING THE BOAT AND EQUIPMENT. LICENSEE FURTHER AGREES TO DISCLOSE ANY KNOWN CONDITIONS, MEDICAL OR OTHERWISE, THAT COULD AFFECT THE ABILITY OF ANY MEMBER OF ITS PARTY TO SAFELY BOARD AND OCCUPY THE BOAT OR OPERATE ANY EQUIPMENT. LICENSEE ALSO AGREES THAT HE/SHE AND ALL OF LICENSEE’S AGENTS, SERVANTS, EMPLOYEES, INVITEES OR GUESTS WILL COMPLY WITH ALL OF THE BOAT’S RULES AND PROCEDURES AND THAT
Licensee Initials: __________
THE BOAT WILL BE RETURNED IN THE SAME CONDITION IT WAS IN WHEN AT THE START OF THE LICENSE PERIOD.
LICENSEE AGREES TO PAY THE ABOVE AMOUNTS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. LICENSEE AGREES TO ABIDE BY THE RULES AND REGULATIONS OF THE LICENSOR AT ALL TIMES DURING THE LICENSE PERIOD. LICENSE AGREES TO PAY ANY ADDITIONAL FEES WITHIN FIVE (5) DAYS OF RECEIPT OF NOTICE OF SAME.
Signed by LICENSEE:
____________________________________ __________________________________ Signature Date Cell Phone
____________________________________ __________________________________ Printed Name Other Phone
__________________________________________________________________________________ Mailing Address City State Zip
__________________________________________________________________________________ Email Address
Signed by LICENSOR:
GOOD TIME TOURS, LLC
____________________________________ _________________________ Authorized Signature Date Date
____________________________________ Printed Name
************************************************************************************* CREDIT CARD AUTHORIZATION
Credit Card Information:
Card Type (Visa, MasterCard, Discover, etc.): ______________________________________ Cardholder Name: ______________________________________ Card Number: ______________________________________ Expiration: ______________________________________ CVV: ______________________________________ Cardholder Zip Code (Billing Address): ______________________________________
I, _______________________________, hereby authorize Good Time Tours, LLC to charge the above credit card for any unpaid amounts due under this Boat License Agreement.
______________________________________ _______________________________ Cardholder