Terms

Posted 1 January, 1970

Australia
USA

Terms of Use - Australia

1. Definitions

In these Terms and Conditions, the following terms have the following corresponding meaning:

Floatspace means Flotespace Pty Limited (ABN 17 623 829 096) being the agent through which the Charter is booked.

Charter means the Vessel cruise for which the Charterer is paying and the Operator is providing.

Charterer means the client who is paying for the Charter.

Charterer's Group means all the passengers who will take part in the Charter.

Master means person in charge of the Vessel whom the Operator has confirmed is duly qualified.

Operator means the owner or operator of the Vessel as specified in the Quotation provided to the Charterer by Floatspace.

Vessel means the Operator’s vessel or vessels specified in the Schedule.

2. Quotations

Quotes are valid for 48 hours and may be subject to Operator re-confirmation at the time the quote is confirmed by the Charterer.

3. Right of refusal

Floatspace reserves the right to refuse bookings which contravene these Terms and Conditions or for any other reasonable purpose including advice from the Operator. The Charterer must provide all necessary details to Floatspace about the Charter and the Charterer’s Group.

4. Tentative Bookings

Tentative reservations may be held in good faith for up to 1 week pending payment of a Deposit or Final Payment (as applicable), or until another party wants to book the same Vessel, whichever is sooner. The booking is not secured until either a Deposit or Final Payment (as applicable) has been received by Floatspace.

5. Confirmation of Booking

A Charter will be confirmed on receipt of the Deposit or Final Payment (as applicable) specified in the Quotation and acceptance of these Terms and Conditions. All bookings made within 35 days of Charter date require payment in full at the time of booking.

6. Deposit

The deposit payable will be 50% of the Vessel Charter fee unless otherwise specified in the Quotation and will be based on the Charterer's Group, which shall not be subsequently reduced.

7. Final Payment

Final payment is required 35 days prior to the Charter unless otherwise agreed. Final guest numbers for the purposes of catering only (if applicable) may be specified by the Charterer no less than 14 days prior to the Charter.

The Chaterer's Group may be increased if agreed in writing by Floatspace and the Operator, however it may not be decreased. Any additional passengers on the day are charged accordingly.

8. Methods of payment

Floatspace only accepts debit or credit card payments at this time. Credit card surcharges may apply.

9. Cancellations

More than 84 days prior to date of Charter: Deposit will be refunded less a $500 management fee.

Between 84 to 36 days prior to date of Charter: Deposit is non-refundable.

Cancellations made 35 days prior to date of Charter: Total monies paid are not refundable.

10. Additional charges

Any additional charges on the day of service are to be immediately charged to the credit card provided by the Charterer. This includes but is not limited to extensions of Charter, additional guests, additional services, pay-on-consumption beverages, waiting time for embarking and disembarking at wharves, water taxis and any other additional charges notified by Floatspace or Operator to the Charterer or Charterer’s Group.

11. Responsible service of alcohol

The Operator is bound by various legislation in the jurisdiction in which it operates, including Responsible Service of Alcohol provisions. The Operator must refuse service of alcohol to both intoxicated persons and guests under the age of 18. The Operator may refuse service of alcohol to any individual in the Operator’s absolute discretion at any time. Intoxicated guests will not be permitted to board. The Operator has the right not to serve shots or doubles under any circumstances. Whenever alcohol is served on a Vessel, substantial food must also be provided to satisfy the RSA obligations. Light snacks such as chips and nuts are not considered to be substantial food. The Operator has the right to refuse guests boarding if sufficient food is not provided by the Charterer on to the Vessel.

Guests are not permitted to carry alcohol from the Vessel on disembarkation. Indecent behaviour on the Vessel is prohibited by various legislation in the jurisdiction in which the Operator operates and the Charter will be terminated in the event of unacceptable behaviour as reasonably determined by the Operator or the crew. If such circumstances occur, there will be no refunds or claims.

12. Bond

The Charterer is required to pay a security bond as specified in the Quotation. The security bond may be applied by the Operator to cover additional costs including but not limited to damage to the Vessel, its equipment and fittings, additional services, excessive cleaning charges and any other costs attributable to the Charterer’s Group. The security bond or the balance thereof will be refunded 7 days after the Charter.

13. Substitute Vessel

In the event of a mechanical or other reasonable issue with the booked Vessel, Floatspace reserves the right to provide another vessel of similar style and capacity in order for the Charter to be completed.

14. Weather Conditions

The Charter will proceed regardless of weather conditions unless deemed unsafe by the Master of the Vessel.

15. Charter Course

The course to be undertaken during the Charter may be discussed in advance with the Operator or with the Master on the occasion of the Charter. The Charterer acknowledges that the Master has the sole discretion at all times to take whatever route and/or action is necessary to protect and maintain the safety, welfare and good order of the Vessel, its passengers and crew with regard to the weather conditions and other activity during the cruise.

16. Embarkation and Disembarkation

The Vessel will dock at the times stated on the booking confirmation. All guests have 15 minutes to board and 15 minutes to disembark from the times stated in the booking confirmation. Instructions provided by the Operator in regard to both embarkation and disembarkation are to be adhered to.

17. Responsibility of the Charterer

The Charterer is at all times responsible for the conduct of the Charterer’s Group.

18. Damage to the Vessel

The Charterer shall be liable for any loss or damage to the Vessel or its equipment or fittings howsoever caused by the Charterer’s Group. Fair wear and tear excepted.

19. Limit of Liability

It is a condition of the Charter that the liability of Floatspace, the Operator, its servants, agents, employees and subcontractors is agreed to be limited to the lesser of:

(i) that determined in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth), and

(ii) in the case of Floatspace, its servants, agents, employees and subcontractors, one (1) times the fees paid to Floatspace in respect of the Charter.

Any claim pursuant to this clause must be lodged in writing to the other party within 7 days from the day of the Charter.

In no event shall Floatspace be responsible to the other party for consequential or indirect losses including but not limited to lost revenue, lost profits, increased costs, interruption or termination of service, or the like.

The liability of a party for loss or damage sustained by the other party shall be reduced proportionately to the extent such loss or damage was caused by the other party's failure to comply with these Terms and/or that other party's negligence contributing to such loss or damage.

20. Indemnity

The Charterer agrees to indemnify and hold harmless Floatspace, the Operator, their agents, employees and invitees, from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities (including reasonable legal fees) caused by any negligent act or omission by the Charterer or members of the Charterer’s Group including:

(i) Failure to follow any reasonable direction given by the Master or crew;

(ii) Failure to comply with any of these terms or conditions;

(iii) Failure to comply with any warning sign;

(iv) Unreasonable or unsafe behaviour;

(v) Wilful misuse of the equipment or facilities of the Vessel; or

(vi) Intoxication or the use of prohibited drugs.

21. Risk warning

There are inherent risks and dangers on board the Vessel and other vessels. All passengers participate in the Charter entirely at their own risk.

22. Swimming

Swimming is only permitted during daylight hours when the Vessel is stationary and in the absolute discretion of the Master or crew.

23. Jurisdiction

The laws of New South Wales govern these Terms and Conditions and the parties agree to submit to the jurisdiction of the Courts of New South Wales in respect of any disputes arising between them.

24. Acceptance

By accepting the quotation and paying a Deposit or Final Payment (as applicable), the Charterer agrees to be bound by these Terms and Conditions. The Charterer acknowledges that it has read and understood these Terms and Conditions and has or will convey these conditions to all of the Charterer’s Group whose agreement is assumed prior to their participation in the Charter.

25. Terms and Conditions for User Generated Content

Floatspace occasionally reaches out to people in our community for permission to use their images, photographs, videos and other media, as well as associated material such their name, social media username, and other publicly available biographical material (content) in posts to our blog, Instagram, Twitter or videos uploaded to YouTube, and for advertising, marketing and other purposes, in our work, showing people first-hand what a Floatspace boat hire experience is like. We use this content to bring the experience to life, especially for people who have never had a social event aboard a boat.

We give credit to the photographer or videographer who takes these photos or videos where practical. We thank you for help in promoting the Floatspace on-water experiences, in order to encourage more people to try hosting their group or event on a Floatspace boat.

This Agreement constitutes a legally binding agreement between you and Floatspace (Parties). By approving the use of this content you will be deemed to have read and accepted these terms and conditions and agree to be bound by this agreement.

You warrant the following:

The content that is submitted is your original work and does not infringe any rights of any third party, including but not limited to, copyright, moral rights, trademarks, trade secrets, privacy, publicity, personal or proprietary rights. You own all copyright and moral rights in the content and have full power, title and authority to grant the license and this license does not infringe the rights of any third party.
The content that is submitted, if captured by a drone, complies with all local policies and legalities surrounding drone use. If applicable, you are licensed to operate a drone.
You have complied with all laws and regulations associated with acquiring or producing the content.
Photos and videos included in the content are safe and legal.
Photos and videos included in the content have been taken using safe and legal behaviour including in the case of whales in line with the approach zone laws.
Any person or persons whose image or likeness has been used in the content has given valid consent for the use of their image or has waived any rights they may have in the content. They have also given valid consent for use of their personal information.

The Parties agree:

Copyright of the content will remain owned by you. By using the content, Floatspace and any sub-licensee does not claim ownership of the copyright for this work.
You hereby grant to Floatspace a non-exclusive, royalty-free, worldwide, revocable, non-transferable, perpetual license (including a right of sub-license) to use, reproduce, modify, adapt, delete from, add to, broadcast, communicate and/or publicly display, the content for advertising, marketing, publicity, general promotion and exhibition purposes. The content may be used worldwide in any platforms across print and digital including web, applications, email and social media channels, pages or accounts.
You authorise Floatspace to disclose the content to third parties to the extent necessary to give effect to the use outlined.
Floatspace will not pay for use of the content.
Floatspace can, but do not have to, attribute you as author each time the content is used.
You can revoke this license at any time by contacting us in writing at getonboard@floatspace.com and informing us that you no longer want us to use the content, however such revocation applies to future use of content only. If you revoke the license, Floatspace will not re-post or implement any additional uses of the content from the time of receiving notice of revocation. Floatspace is under no obligation to delete or destroy content it has already published.
Floatspace will not become liable for any copyright infringement or other unlawful conduct arising from the content or use of the content. You indemnify Floatspace for all losses, costs and expenses incurred or suffered by Floatspace arising from any claim, suit, demand, action or proceeding by any person against it where such loss or liability was caused by breach of the warranties set out above.
In the event that the content contains personal information as defined under the Privacy and Personal Information Protection Act 1998, it will be held and used by Floatspace, in accordance with our Privacy Management Plan and Guidelines as amended from time to time.
You are providing your agreement for Floatspace to use your personal information for the purposes outlined at 8 above, and to disclose your personal information to third parties to the extent required to give effect to use outlined at 8 above.

You may request access to your information at any time. To access or update your information held by Floatspace, or for more details on our privacy obligations, please contact our team via getonboard@floatspace.com.

26. Catering ordered via partners of Floatspace, Vanilla Blue for Sydney bookings:

Food:

· Vanilla Blue will provide a “Collections” menu of cold platters.

· Each platter can feed between 8-12 people.

· All food is presented on disposable platters/boxes

Beverages:

· Vanilla Blue will offer a list of alcohol packages and beverages bought by the bottle/case or as a collection

· Vanilla Blue also offer soft drinks and water

· Ice and tubs (disposable) available

· No tea and Coffee available

Ordering:

· Vanilla Blue provides Floatspace with a link to add to each client booking.

· We will receive the enquiry and send the client a formal quote

· Payment by client to be on credit-card

· Orders to be finalised 3 business days before delivery

· Full payment made upon confirming the order

Delivery

· Vanilla Blue can deliver to:

o The customers office (provided within regular delivery area)

o The customers home (provided within our regular delivery area)

o The boat (not Darling harbour or King street Wharf)

o For Lime street Vanilla Blue will provide a dedicated meeting point nearby, which the van can access and client must come to the van with people to transport food to the boat (see map Below)

o For Darling Harbour we will provide a dedicated meeting point nearby, which the van can access and client must come to the van with people to transport food to their boat (see map Below)

o Standard delivery fees apply

Darling Harbor / Cockle Bay Wharves – 1 Wheat Rd (Behind Pontoon Bar)

Driver will call 15 minutes out

Please meet at this location

https://maps.app.goo.gl/ffrDU4VdtnBCuJ4MA

King Street Wharves – 26 Lime Street (Near Strike Bowling)

Driver will call 15 minutes out

Please meet at this location

https://maps.app.goo.gl/sMsGN1agGnxVzEB79

Food Safety

· All orders will be packed in cartons with insulation and an ice pack.

· There will be a fee for this which will be $25 per carton.

· Each carton can hold around 4 platters

Delivery times and days

· Vanilla Blue will honour standard delivery times and days

o Monday – Friday 7:00am – 5:30pm

o Saturday 8:00am – 1:00pm

o Delivery contact detail for Vanilla Blue driver provided to client

Minimum Orders

· Monday – Friday $100

· Saturday Min order $250

Delivery Fees

· Monday – Friday – From $10 (Depending on location)

· Saturday – From $49 (Depending on location)

Floatspace do not hold any responsibility for the food, ordering of, or payment to Vanilla Blue. Vanilla Blue is a third party and Floatspace suggest that all customers read the terms and consitions of Vanilla Blue prior to proceeding with an order.

Terms of Use - USA

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY ARE LEGALLY BINDING.

Use of Floatspace’s products, software, services and website is governed within the United States (meaning any Charter which begins or ends in any state, territory or territorial waters of the United States) by the Floatspace US Terms and Conditions (“Terms”).

If you are using the Services on behalf of a corporation or other legal entity, "you" includes the entity on whose behalf the user is working. When using or opening an account with Floatspace on behalf of a company, entity, or organization, you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind that organization to these Terms and grant the licenses set forth; and (ii) agree to these Terms on behalf of such entity.

By using the Services, you agree to and are subject to the following terms and conditions, as well as our US Cancellation Policy, US Privacy Policy, and all other policies set forth herein as then in effect, all of which are incorporated by reference and are part of these Terms.

The Charterer further agrees that it has or will convey these conditions to all of the Charterer’s Group prior to the commencement of the Charter and warrants that they have all confirmed agreement to be bound thereby.

You agree to be bound by the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any service; or, (ii) by actually using the services. These Terms govern your access to and use of the services. These Terms constitute a binding legal contract between you and Floatspace.

Floatspace provides an online market forum that allows Vessel Operators to connect with Vessel Charterers. Floatspace does not recommend one Operator or Charterer over another and does not provide advice to users regarding which Vessel and/or Charterer to select. All comments or reviews posted by users do not necessarily represent the views of Floatspace.

All rights, benefits, limitations and exclusions hereunder shall operate for the benefit of Floatspace together with all related companies, parents, subsidiaries, officers, directors and assigns.

YOU UNDERSTAND AND AGREE THAT FLOATSPACE IS NOT A VESSEL OWNER, OPERATOR OR CHARTERER AND ONLY PROVIDES A MEDIUM THROUGH WHICH VESSEL OWNERS/OPERATORS ON THE ONE HAND AND CHARTERERS ON THE OTHER HAND MAY BE INTRODUCED, NEGOTIATE AND CONTRACT FOR THE CHARTER OF VESSELS.

YOU ACKNOWLEDGE THAT FLOATSPACE IS NOT A PARTY TO ANY CHARTER FOR ANY VESSEL, AND HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY VESSELS, AND YOU AGREE THAT IT HAS NO LIABILITY IN THIS REGARD.

Definitions

In the Terms, the following terms have the following corresponding meaning:

Floatspace means Floatspace Inc., a Delaware Corporation.

Charter means the Vessel cruise for which the Charterer is paying and the Operator is providing.

Charterer means the client who is paying for the Charter.

Charterer's Group means all the passengers who will take part in the Charter.

Master means the duly qualified person in charge of the Vessel.

Operator means the owner or operator of the Vessel as specified in the Quotation provided to the Charterer via the Floatspace platform.

Vessel means the Operator’s vessel or vessels specified in the Schedule.

Standard Booking Terms

The following are standard booking terms to which Operators and Charterers agree when using the Floatspace platform:

1. Right of refusal

Floatspace reserves the right to refuse to do business with anyone for any reason including, but not limited to, acting in contravention to these Terms.

2. Quotations

Quotes are valid for 14 days only.

3. Tentative Bookings

Tentative reservations will be held in good faith for up to one (1) week pending payment of a deposit, or until another party wants to book the same Vessel, whichever is sooner. The booking is not secured until a deposit has been received by Floatspace.

4. Confirmation of Booking

A Charter will be confirmed on receipt of the deposit specified in the quotation and acceptance of these Terms and Conditions. All bookings made within 35 days of the Charter date require payment in full at the time of booking.

5. Deposit

The deposit payable will be 50% of the Vessel Charter fee unless otherwise specified in the Quotation.

6. Final Payment

Final payment is required 35 days prior to the Charter unless otherwise agreed. The final guest numbers specified by the Charterer at least 14 days prior to the Charter will be deemed the minimum number of guests for catering charges. After this time the guest numbers may increase if agreed in writing by Floatspace/Operator, however they cannot decrease. Any additional passengers on the day are charged accordingly.

7. Methods of Payment

Floatspace only accepts debit or credit card payments at this time. Credit card surcharges may apply.

8. Cancellations

If the host has to cancel a booking for any reason, Floatspace will endeavor to find a replacement boat of similar style and capacity to complete the charter. If Floatspace is unable to find a replacement boat, guests are entitled to a full refund.

Alternatively, Floatspace offers a 12-month voucher equal to the value of your booking which you can use to reschedule your experience, subject to availability. Please also note seasonal pricing and increased rates may apply.

If you, the Charterer, need to cancel a booking:

More than 84 days prior: Deposit will be refunded less a $500 management fee.

Between 84 to 36 days prior: Deposit is non-refundable.

Cancellations made 35 days prior: Total monies paid are not refundable.

Please see our US Cancellation Policy [hyperlinked] for further information regarding cancellations.

9. Additional Charges

Any additional charges on the day of service are to be immediately charged to the credit card provided by the Charterer. This includes, but is not limited to, extensions of Charter, additional guests, additional services, pay-on-consumption beverages, waiting time for embarking and disembarking at wharves, water taxis and any other additional charges notified by Floatspace or Operator to the Charterer or Charterer’s Group.

10. Substitute Vessel

In the event of a mechanical problem to the booked Vessel, Floatspace reserves the right to arrange for the provision of another Vessel of similar style and capacity in lieu of the planned Charter subject to agreement between the Charterer and the new Operator, which agreement will not be unreasonably refused.

11. Weather Conditions

The Charter will proceed regardless of weather conditions unless deemed unsafe by the Master of the Vessel or unless the Owner agrees to rescheduling of same.

12. Charter Course

The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Master at the commencement of and during the Charter. The Charterer acknowledges that the Master has the sole discretion at all times to take whatever action is necessary to protect and maintain the safety, welfare and good order of the Vessel, its passengers and crew with regard to the weather conditions and other activity during the cruise.

13. Embarkation and Disembarkation

The Vessel will dock at the times stated on the booking confirmation. All guests have 15 minutes to board and 15 minutes to disembark from the times stated in the booking confirmation. All parties agree time is of the essence in relation to this term.

14. Variation of Booking Terms

The Charterer and Operator may agree to different booking terms with one another except that they may not alter terms relating to deposits, payments, refunds, or other monies payable to or collected by Floatspace without prior written approval from Floatspace.

15. Safety and Compliance with Laws

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services and in any way in relation to the Charter. You warrant full compliance with, and agree to not violate, any local, county, state, federal, maritime, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and tax regulations.

The Charterer and Charterer’s Group agree and warrant that they will follow all reasonable and/or lawful safety guidelines and instructions provided by the Operator, Master and crew.

16. Insurance

Operators agree to and warrant that they have and will maintain all insurance required by law, regulation, class, survey, custom and practice, and to provide proof of insurance thereof promptly on demand by Floatspace and Charterers.

Notwithstanding the foregoing, Floatspace does not guarantee or warrant compliance by Operators, and it is the responsibility of Charterers to review and confirm insurance to its satisfaction. Charterers should review any insurance policy carefully, and in particular please make sure that you are familiar with and understand any conditions of, limits and exclusions to, and any deductibles that may apply for, such insurance policy.

Nothing herein prevents Operator, Charterer or both from agreeing or requiring the other to provide additional or alternative coverages in connection with the Charter.

17. ASSUMPTION OF RISK AND RELEASE OF LIABILITY

THERE ARE INHERENT RISKS AND DANGERS ON BOARD THE VESSEL AND OTHER VESSELS. ALL PARTIES (INCLUDING BUT NOT LIMITED TO THE OPERATOR, MASTER, CHARTERER AND CHARTERER’S GROUP) WARRANT AND AGREE THAT THEY ARE AWARE OF AND ACCEPT SUCH RISKS, AND THAT THEY PARTICIPATE IN THE CHARTER ENTIRELY AT THEIR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES OR CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY BOATS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.

YOU AGREE NOT TO MAKE FLOATSPACE A PARTY TO ANY DISPUTE BETWEEN, AMONGST OR INCLUDING THE OPERATOR, CHARTERER AND/OR ANY CREW OR PASSENGERS, AND TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS FLOATSPACE IN RELATION TO SAME.

18. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES

YOU AGREE THAT FLOATSPACE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY BOAT VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT FLOATSPACE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL FLOATSPACE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY BOAT VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY BOAT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY FLOATSPACE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLOATSPACE AND YOU.

19. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FLOATSPACE, RELATED COMPANIES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, ASSIGNS, AGENTS, EMPLOYEES AND INVITEES, FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, ACTIONS, COSTS, EXPENSES, FEES, DAMAGES, FINES AND LIABILITIES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR ACCESS TO OR USE OF THE SERVICES OR CONTENT; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR INTERACTION WITH ANY OTHER USER OF SERVICES INCLUDING BUT NOT LIMITED TO OPERATORS, MASTERS AND CHARTERERS; (D) YOUR BOOKING OR USE OF A VESSEL; (E) YOUR CREATION OF A LISTING; OR (F) THE USE, CONDITION OR CHARTER OF A VESSEL BY YOU, INCLUDING, BUT NOT LIMITED TO ANY INJURIES, LOSSES, OR DAMAGES (COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF A CHARTER, BOOKING OR USE OF A VESSEL.

WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, SUCH OBLIGATIONS SHALL EXTEND ALSO TO ANY AND ALL LOSSES, CLAIMS, ACTIONS, COSTS, EXPENSES, FEES, DAMAGES, FINES AND LIABILITIES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE FOLLOWING:

(I) FAILURE TO FOLLOW ANY REASONABLE DIRECTION GIVEN BY THE MASTER OR CREW;

(II) FAILURE TO COMPLY WITH ANY OF THESE TERMS OR CONDITIONS;

(III) FAILURE TO COMPLY WITH ANY WARNING SIGN;

(IV) UNREASONABLE OR UNSAFE BEHAVIOR;

(V) WILFUL MISUSE OF THE EQUIPMENT OR FACILITIES OF THE VESSEL; OR

(VI) INTOXICATION OR THE USE OF PROHIBITED DRUGS.

20. APPLICABLE LAW, CLAIMS, ARBITRATION AND JURISDICTION

By using the Services, you agree that the Terms shall be construed in accordance with the maritime and statutory law of the United States of America supplemented by the laws of the state of Delaware, United States of America, without giving effect to the principles of conflict or choice of law of such state.

You agree to submit to the personal jurisdiction of a state court located in Broward County, Fort Lauderdale, Florida, or a United States District Court, Southern District of Florida, located in Fort Lauderdale, Florida, for any actions for which the parties seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Any claim against Floatspace for loss or damage, whether in contract, equity, tort, or admiralty law, and including indemnity or contribution must be notified in writing within seven (7) days from the day of the Charter and any arbitration, court action, suit or proceeding must be brought within one (1) year of that date or else forever be barred.

Should any dispute arise out of or in any way relating to these Terms, the matter in dispute shall be referred to arbitration proceedings, the decision of which shall be final and for the purpose of enforcing any award, this agreement may be made a rule of a court of competent jurisdiction. The proceedings shall be conducted in accordance with the Rules of the Society of Maritime Arbitrators, Inc.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND FLOATSPACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

21. Additional Terms

a) Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

b) Assignment. Your rights under this Agreement may not be assigned or in any way transferred by you without the prior written consent of Floatspace. Floatspace may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.

c) Force Majeure. If by reason of force majeure any party hereto is rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of force majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In no circumstances does any force majeure event relieve any party of its obligation to timely pay amounts due to Floatspace.

d) Severability. If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.

e) Waiver. No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.

f) Entire Agreement. The Terms constitute the entire agreement between you and Floatspace with respect to the subject matter covered herein, including use of the Services and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.

g) No Relationship. You agree that no joint venture, partnership, agency or employment relationship exists between you and Floatspace as a result of this Agreement or use of this Website.

22. Policies

These Terms include each of the following policies which are incorporated by reference herein:

US Cancellation Policy: https://www.floatspace.com/cancellation-policy

US Privacy Policy: https://www.floatspace.com/privacy

You agree that you have read and will comply with all policies applicable to the services which you have utilized.

23. Terms and Conditions for User Generated Content

Floatspace occasionally reaches out to people in our community for permission to use their images, photographs, videos and other media, as well as associated material such as their name, social media username, and other publicly available biographical material (content) in posts to our blog, Instagram, Twitter or videos uploaded to YouTube, and for advertising, marketing and other purposes, in our work, showing people first-hand what a Floatspace Vessel hire experience is like. We use this content to bring the experience to life, especially for people who have never had a social event aboard a Vessel.

We give credit to the photographer or videographer who takes these photos or videos where practical. We thank you for your help in promoting the Floatspace on-water experience, in order to encourage more people to try hosting their group or event on a Floatspace Vessel.

You warrant the following:

The content that is submitted is your original work and does not infringe any rights of any third party, including but not limited to, copyright, moral rights, trademarks, trade secrets, privacy, publicity, personal or proprietary rights. You own all copyright and moral rights in the content and have full power, title and authority to grant the license and this license does not infringe the rights of any third party.
The content that is submitted, if captured by a drone, complies with all local policies and legalities surrounding drone use. If applicable, you are licensed to operate a drone.
You have complied with all laws and regulations associated with acquiring or producing the content.
Photos and videos included in the content are safe and legal.
Photos and videos included in the content have been taken using safe and legal behavior including in the case of whales in line with any applicable approach zone laws.
Any person or persons whose image or likeness has been used in the content has given valid consent for the use of their image or has waived any rights they may have in the content. They have also given valid consent for use of their personal information.

The Parties agree:

Copyright of the content will remain owned by you. By using the content, Floatspace and any sub-licensee does not claim ownership of the copyright for this work.
You hereby grant to Floatspace a non-exclusive, royalty-free, worldwide, revocable, non-transferable, perpetual license (including a right of sub-license) to use, reproduce, modify, adapt, delete from, add to, broadcast, communicate and/or publicly display, the content for advertising, marketing, publicity, general promotion and exhibition purposes. The content may be used worldwide in any platforms across print and digital including web, applications, email and social media channels, pages or accounts.
You authorize Floatspace to disclose the content to third parties to the extent necessary to give effect to the use outlined.
Floatspace will not pay for use of the content.
Floatspace can, but is not required to, attribute you as author each time the content is used.
You can revoke this license at any time by contacting us in writing at getonboard@floatspace.com and informing us that you no longer want us to use the content, however, such revocation applies to future use of content only. If you revoke the license, Floatspace will not re-post or implement any additional uses of the content from the time of receiving notice of revocation. Floatspace is under no obligation to delete or destroy content it has already published.
Floatspace will not become liable for any copyright infringement or other unlawful conduct arising from the content or use of the content. You indemnify Floatspace for all losses, costs and expenses incurred or suffered by Floatspace arising from any claim, suit, demand, action or proceeding by any person against it where such loss or liability was caused by breach of the warranties set out above.
In the event that the content contains personal information as defined under applicable law, statute or enactment, it will be held and used by Floatspace, in accordance with our US Privacy Policy as amended from time to time.
You are providing your agreement for Floatspace to use your personal information for the purposes outlined above, and to disclose your personal information to third parties to the extent required to give effect to the use outlined above.

You may request access to your information at any time. To access or update your information held by Floatspace, or for more details on our privacy obligations, please refer to our US Privacy Policy and/or contact our team via getonboard@floatspace.com.