Name: Anthony Price
Resident at: 6568 n Mt Carrol St Dalton Gardens, ID 83815, USA
Contracted Party: The Last Night Events, CNPJ:32.313.139/0001-81, with headquarters at Rua das Laranjeiras 337, Rio de Janeiro. By this private instrument, the contract for the provision of services and rental of a vessel with crew is established, with the following clauses.
Clause 1 - The OBJECT of this contract is the provision of services for a tour on the Vessel named Escuna Standard TLN, with the characteristics described below:
Capacity: 30 passengers.
Duration: 5 hours.
Note: The Brazilian Navy or the municipal guard may change the vessel's capacity at any time, and it is up to TLN to inform the contracting party.
Clause 2 - The contracted tour will begin at 14:00 hours and end at 19:00 hours on 20/10/2023, when the vessel must return to Marina da Glória, terminating this contract as a matter of law, regardless of notification or warning.
Clause 3 - If the CONTRACTING PARTY requests a delay in the vessel's return after the stipulated time, the overtime hour will be charged, and the debt must be paid before this hour begins, subject to prior approval by the CONTRACTED PARTY's consultant. If there is no availability to extend the schedule, the vessel must return to Marina da Glória.
Clause 3.1 - If the CONTRACTING PARTY and their guests do not embark within the agreed time in this contract, the tour time will be in effect and cannot be postponed due to delay. This may even influence the itinerary, varying with the remaining time for the tour's end.
Clause 3.2 - If the vessel's delay is due to the CONTRACTED PARTY, the tour time will be counted from the moment we inform that the vessel is ready for use, and the CONTRACTING PARTY cannot contest, request a refund, or discount due to the CONTRACTED PARTY's delay.
Clause 3.3 - Once the deposit is paid, it is not possible to transfer to another vessel other than the one specified in this contract.
USE AND LIMITS:
Clause 4 - The contracting is exclusively for the leisure and recreation of the CONTRACTING PARTY and their guests, restricted to the limits of the contracted tour.
Clause 5 - Embarking animals is prohibited.
Clause 5.1 - In case of approval for Pet boarding, the use of the vessel's internal area and upholstery by Pets is restricted. If any damage occurs to the vessel, infraction fees will be charged immediately.
Clause 6 - The tour must be carried out by the CONTRACTING PARTY and their guests, not allowing organization by third parties, under penalty of contract termination. (Unless previously authorized by the contracted party)
Clause 7 - It is forbidden to admit passengers exceeding the vessel's maximum capacity. If this occurs, the vessel will not start the tour until the CONTRACTING PARTY determines the people who will embark, respecting the maximum limit imposed by the lessor in this contract.
First paragraph: If the above clause's situation occurs, the time elapsed to solve the problem will be deducted from the contracted time.
Second paragraph - If there are children on board, the CONTRACTING PARTY will be entirely responsible for their behavior and entertainment, and no crew member should be held accountable for the children's conduct or entertainment.
Third paragraph - The nature of a vessel can become unsuitable for anyone with special needs or who has undergone medical treatment. By signing this Contract, the CONTRACTING PARTY guarantees the full physical capacity of all its passengers for the tour.
Fourth paragraph - The CONTRACTING PARTY must ensure that their guests' behavior does not pose risks to themselves, the crew, or the vessel. The CONTRACTING PARTY and their guests must respect the crew at all times. In case of disrespect to crew members, the tour may be terminated.
Fifth paragraph - The CONTRACTING PARTY agrees with the itinerary and diving option (Agreed upon via WhatsApp service) and will be responsible for their conduct and their guests' conduct while on board, with no responsibility of the CONTRACTED PARTY for the omissive or commissive conduct of the CONTRACTING PARTY and their guests.
Sixth paragraph - If The Last Night Events or any crew member witnesses any fight, loss of control, argument, misconduct, or disregard for recommendations, the vessel will return to the Marina, and the tour will be considered finished. There will be no right to refund or discounts.
Seventh paragraph - The Last Night Events is not responsible for any object left, considered lost, or forgotten inside the vessel. This includes supplies used during the event; we are not responsible for counting and separating what is left at the end of the tour.
Clause 7.1 - The rental time begins from the moment the vessel is docked at the Marina da Glória boarding pier or when the TLN team informs the CONTRACTING PARTY that we are ready for boarding.
Clause 7.2 - The maximum waiting time for the vessel at the Marina da Glória boarding pier is 15 minutes.
Clause 8 - The crew responsible for operating the vessel consists of a qualified and properly uniformed Sailor, contracted by The Last Night Events, who will be entirely responsible for the vessel's operation, with no responsibility to the CONTRACTING PARTY in this regard.
First paragraph - The sailor is responsible for the care and safety of the vessel during the rental; therefore, they have full autonomy to return the vessel to the Marina if the weather conditions pose real risks to passenger safety or navigation.
Clause 9 - The Last Night Events will provide the vessel in good condition, clean and functioning, suitable for navigation, and with all the documentation and safety items recommended by the Navy for the tour. Upon starting the tour, the CONTRACTING PARTY will verify the vessel's condition and report any problems if possible; otherwise, they cannot complain after its use. The CONTRACTED PARTY must clean the vessel.
Clause 9.1 - Any mechanical problems with the vessel or maintenance failure are the vessel owner's total responsibility. The Last Night Events is not responsible for issues of this nature. If any problem arises, The Last Night Events will be responsible for addressing and resolving the issue with the owner within their role as an agency.
Clause 9.2 - If the vessel is unable to carry out the tour, the CONTRACTING PARTY will be refunded the rental amount, and the CONTRACTED PARTY cannot be penalized. Despite all preventive maintenance, boats, schooners, yachts, and catamarans may become unavailable and unable to accommodate the tour or event, and issues may arise even at the time of boarding.
Clause 10 - If the CONTRACTING PARTY wishes to return the vessel before the contracted time, there will be no refund of amounts.
Clause 10.1 - In case of damage due to the CONTRACTING PARTY's misuse, they will be charged for the maintenance costs. We will present the invoice or receipt for the repair estimate.
First paragraph - If there is damage, the CONTRACTING PARTY must make a payment stipulated by TLN at the time of the infraction. If the amount paid is greater than the repair cost, TLN will reimburse the remaining amount. Or the CONTRACTING PARTY will have to pay the remaining amount if the amount charged on board does not cover the repair.
Second paragraph - In the interior of some vessels, we value the preservation of suites, kitchens, and bathrooms. If the CONTRACTING PARTY exceeds and causes excessive mess, such as spilling liquids, food, or substances on carpets, bedding, and walls, a cleaning fee may be charged, stipulated by our captain on board, which must be paid at the time of the infraction.
Third paragraph - The use of fireworks, festin, glitter, balloons with paper and internal glitter, plastic straws, colored paper straws, and confetti cannons is prohibited.
Clause 11 - Fuel consumption is included in the contract price.
Clause 12 - The CONTRACTING PARTY will assume full civil and criminal liability before the competent Governmental Agencies for the omissive or commissive conduct of the CONTRACTING PARTY and their guests between the start of the tour and the end of the event, with the effective departure of the passengers from Marina da Glória. They will also assume civil and criminal liability for any damages, acts of vandalism, or depredation of the CONTRACTED PARTY's material goods or those of third parties, resulting from the act of the CONTRACTING PARTY or their guests.
Clause 13 - The CONTRACTING PARTY is required to provide, UNFAILINGLY, until the moment of boarding, the list of guests/passengers, and must present it as far in advance as possible from the day/hour of the event, preferably up to 24 hours before the event and the boarding of the guests/passengers, under penalty of the event not being held, as determined by the Port Captaincy. The guest list must contain the full name of each guest, ID number, phone number for onshore contact, and email. In the event that the guest list is NOT delivered in a timely manner (as highlighted above), the CONTRACTED PARTY reserves the right not to authorize boarding and not to refund any amounts paid previously.
Clause 14 - For daytime outings with a swimming stop, on the TLN 140 or Escuna Prime schooners specified in the contract, a lifeguard's presence is required, who must remain on board throughout the event. The absence of a lifeguard will result in the characterization of the departure as a daytime outing without a swimming stop. If the CONTRACTING PARTY does not hire a lifeguard, they are expressly responsible for the safety of all those diving. TLN may cancel the tour in case of non-compliance with orders.
Clause 15 - The sound system and other electrical parts of the vessel may, in rare cases, have failures or not function during or even before the tour begins. Cancellation, refunds, or discounts for failures of this nature are not possible.
Clause 16: During the pandemic period, TLN has no power over any maritime inspection. It is up to TLN to follow the authorities' recommendations. There will be no reimbursement of amounts if the tour is prevented.
Clause 17 - The CONTRACTING PARTY authorizes and is responsible for any legal issues involving image rights of their event and guests, thus authorizing the publication of photos and videos of their event on the CONTRACTED PARTY's website.
Clause 18 - The practice of contrabord is not allowed on our vessels. The capacity of the vessels must be respected, even when anchored.
Clause 19 - The nature of the vessels is for parties, celebrations, and sightseeing tours, meaning the suites of the vessels remain open during the entire tour.
Clause 19.1 - Nudity and the practice of obscene acts on board are not allowed.
Clause 20 - In case of renting a Jet Ski from third parties, the CONTRACTING PARTY of the tour will be responsible for the Jet Ski's actions, meaning, in case of damage to the vessel, the CONTRACTING PARTY will have to cover the repairs.
Clause 21 - The use of illicit drugs on the vessel is not allowed.
Clause 21.1 - Smoking is not allowed inside the vessels, and any damage to the upholstery of the vessels will result in a fine stipulated by TLN. This also applies to the spilling of liquids that can stain.
Clause 21.2 - The use of hookahs on board is prohibited.
Clause 22 - In case of hiring TLN Mercado, the units of the contracted products must be verified before the beginning of the tour. They cannot be claimed after the vessel's departure.
Clause 18 - The total amount stipulated for the present rental and services will be R$4.500,00
Clause 24 - The total rental amount must be paid as follows: a 50% (fifty percent) deposit at this time by bank transfer to Santander bank (Ag: 3728 C/c: 130030674, CNPJ:32.313.139/0001-81 THE LAST NIGHT EVENTOS LTDA) and the remaining 50% up to one business day before the boat's departure as per the account informed by the CONTRACTED PARTY, or in cash at the time of boarding and before the boat's departure, under penalty of contractual termination, without the right to reimbursement of the amounts already paid.
Clause 25 - The deposit amount will always be agreed upon via WhatsApp message between the two parties. The deposit may be made before signing this contract.
Clause 25.1 – The reservation will be valid from the confirmation of payment and the availability of the amount in the account informed via WhatsApp and signed contract.
Clause 25.2 - In some cases, the consultant may charge a smaller deposit than 50%, which must be agreed upon via WhatsApp.
Clause 25.3 - After depositing the deposit to secure the rental date of the vessel or event, the amount paid cannot be refunded, whether due to withdrawal or external fortuitous event or force majeure.
Clause 25.4 - In case of pandemic or lockdown, the client will have credit on the chosen vessel and may reschedule their tour.
Clause 26 – The event can only be transferred to another date once, upon consensus between TLN and the client.
Clause 27 - The weather and navigation conditions are information provided by the Brazilian Navy and cannot be questioned. If there is a possibility, even with rain, the tour will proceed as usual.
Sole Paragraph: – The credit may be used subject to confirmation of the date and availability of the vessel and will be valid for up to 5 months to reschedule the next date.
Clause 28 – In case of impossibility of continuing the tour due to force majeure, especially due to bad weather conditions (meteorological) or due to the CONTRACTING PARTY's fault, they will not be entitled to any reimbursement.
Sole Paragraph - The vessel departs in sun or rain. The only factor that prevents departure is weather conditions that may pose risks to passenger safety during navigation (information provided by the Brazilian Navy), and the parties may eventually agree to change the date.
Clause 29 - With the express waiver of any other, however privileged it may be, the jurisdiction of the City of Rio de Janeiro is chosen to resolve any issue related to this contract, with the losing party being responsible for the court costs, judicial expenses, and attorney fees of 20% of the claim value.
Clause 50 - Applicable Law and Jurisdiction
This contract shall be governed by and construed in accordance with the laws of Brazil. The parties submit to the exclusive jurisdiction of the competent courts of Brazil for the resolution of any disputes arising from this contract.
Clause 51 - Language
The original language of this contract is Portuguese. A translated English version is provided for the convenience of the parties. In the event of any discrepancy between the Portuguese and English versions, the Portuguese version shall prevail.
And, thus, as they are justly and contracted, the parties sign this particular instrument of FIXED TERM VESSEL RENTAL CONTRACT, in two copies of equal content and form.
THE LAST NIGHT EVENTOS
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Signed on Fri Oct 20 2023 13:52:29 GMT-0300 (Brasilia Standard Time)
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