The following constitutes the agreement between Zolna Yachts and all guests of the Sea Sessions live music harbor cruise events.
Boating Etiquette - Remove shoes while aboard the yacht, clean soft soled white or tan shoes may be worn onboard. No dark flip flops or heels. Backpacks, large bags or purses will be stowed. No outside beverages allowed on board. No smoking or vaping of any kind on board.
Schedule - Guests may begin boarding 15 minutes before the scheduled cruising. We expect the yacht to return to the dock about 15 minutes before the scheduled end of time.
Cancellation - In the event Zolna Yachts cancels the event, your payment can be either refunded or have the option of selecting an alternative available date or time. If the guest does not show up at the scheduled time and place, misses the boat, or any other reason, the full nonrefundable payment shall be kept by Zolna Yachts regardless of what the guest’s reasons for canceling might be.
Agreement - Your agreement is with Zolna Yachts and Zolna Yachts alone, and changes Zolna Yachts makes with their staffing or vendors do not constitute a justifiable reason to void this agreement. Inclement weather shall in no way excuse the charterer from its obligations hereunder.
Payments - The options for payments for beverages at the bar or other items for sale on board will be cash or credit card. No outside beverages are allowed on board.
Gratuities - Please show your appreciation to our hard working staff and tip the Yacht Team which includes Captain, bartender and deckhands. All tips are divided equally.
Captain’s Authority - The Captain shall handle the normal running of the yacht. The Captain shall be responsible for the safe navigation of the yacht. At the Captain’s discretion, due to any inclement weather the charter will remain dockside when possible constituting no refund. If dockside is not possible or the Captain prevents guests from boarding due to weather, guests will be refunded the total paid.
Crew - Zolna Yachts shall provide a suitable qualified Captain and crew, properly uniformed and insured. Zolna Yachts shall ensure that the Captain and crew not use or possess any illegal drugs on board the Yacht and shall ensure that the Captain and crew comply with the laws and regulations of any governing agency into whose waters the Yacht shall enter during the course of the agreement.
Guest Comfort and Safety - There may not be more guests on the cruise than the vessel is certified to carry. Parents or legal guardians must accompany guests under 18 years old. No one under 21 will be served or may consume alcoholic beverages onboard. Zolna Yachts bartenders reserve the right not to serve shots or shooters to any guest whether the bar is fully hosted by the client or being paid for in cash by the customer. Zolna Yachts bartenders reserve the right not to serve to any individual or group of people due to his/her judgment of their level of intoxication, regardless of whether or not the bar is fully hosted by the client or being paid for in cash by the customer. You may not bring animals, alcoholic beverages, explosives, firearms, illegal substances, or articles of a dangerous or damaging nature aboard the yacht. If you bring aboard any of the above items, you will be solely responsible for any damage that results and we may need to confiscate them. Zolna Yachts can at any time refuse to allow any guest or other person to remain onboard.
Damage to Yacht, Equipment and Facilities - Guests agree to pay the replacement value of, or the cost of repairing any damage to our yacht, equipment or facilities if caused by you, those acting for you, or your guests. You agree to pay any clean-up costs beyond the normal clean-up if caused by you, those acting for you, or your guests. Zolna Yachts does not assume any responsibility for any personal items that are brought by guests. Zolna Yachts may assist with those personal items; however that does not mean that we accept either the physical or financial liability.
Limitation of Owners Liability - Zolna Yachts has exercised reasonable care in selecting a crew and making the vessel safe. We are not responsible for loss or damage to any personal property or for any injury suffered by you, your guests or those acting for you or your guests, unless it is caused by us, our employees, or by our negligence. You agree to fully indemnify, defend, and hold us harmless from any and all claims made against us as a result of willful or non-negligent acts or omissions by you, your guests, agents, employees, or subcontractors. We have the right to limit our liability under certain federal and state statutes and there is no personal contract between Zolna Yachts and the charterer that would cause us to lose those rights. More specifically, but not without limiting the foregoing, Zolna Yachts and its insurance underwriters accept no responsibility for accidents, injury or death due to swimming, the use of snorkels, scuba equipment, water-skis, jet skis, windsurfer or similar sports equipment whether or not it is supplied by Zolna Yachts or the charterer.
Delivery - Zolna Yachts agrees to deliver the yacht at the Port of boarding in full commission and in proper working order, outfitted as a yacht of her size, type and accommodations, with full equipment , inclusive of that required by law. Safety and lifesaving equipment including life jackets for children if they are carried in the charterer’s Party shall also be provided by the owner. Zolna Yachts does not warrant the yacht’s comfort in bad weather conditions for all cruises or passages within the cruising area.
No General, Special or Consequential Damages - Neither party shall have liability to the other party for special or consequential damages, except in cases of gross negligence or willful misconduct. Absent of gross negligence or willful misconduct, you also agree that nothing more than a full refund of any payments that are applied toward the agreed yacht cost will be requested from us in connection with a breach of this agreement.
Restricted Use - The charterer agrees the yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of itself, its family, guests and servers, during the term of this charter and shall not transport merchandise or carry passengers for pay, or engage in any trade nor in any way violate the Revenue laws of the United States, or of any other Government within the jurisdiction of which the yacht may be at any time, and shall comply with the law in all other respects. Lower guest staterooms stay closed during harbor cruises.
Photo/Video - Zolna Yachts may take photos or video of the event to be used for promotion in the media. Charterer agrees the photos or videos taken at events by Zolna Yachts and or published on social media might be used without consideration by Zolna Yachts. Charterer’s consent applies to all participants at the event.
Other - Any controversy or claim arising out of or relating to this agreement, or its breach, shall be settled by arbitration before a single arbitrator administered by the Maritime Arbitration Association under its commercial Arbitration Rules. Judgment on the award rendered by the arbitrator is final, and no further action shall be taken by either party. This contract has been made in California and it is agreed that California law controls. In addition, any disputes not depending on the interpretation of this contract shall be determined by California and/or federal law as applicable to the water in/next to California. This document and the Charter Summary are the final and complete agreement between us. Any other prior writings or oral statements before or after this agreement will mean nothing. This Agreement can only be modified in writing and signed by both parties. You approve and agree to everything in this Agreement, including the attached Charter Summary.