Charter Terms and Conditions

This Charter Agreement (“Agreement”) is entered into between _______________________ (Charterer) and Chicago SailboatBCharters (CSC). Charterer agrees to the below terms.

COVID-19 and any mutations or variants, and other illness:

Known Situation: Covid-19 and any of its mutations and variants are known, as are the symptoms, effects, contagiousness, and ability to mutate. By making a reservation you are agreeing that you understand and agree to all the below terms including cancellation policy and restrictions of symptomatic guests. Should you be concerned that you may be adversely affected by the below terms, do not make a reservation.

Cancellation: The normal cancellation policies will apply if your group or part of your group cannot attend due to illness, travel restrictions, are turned away at time of charter due to obvious symptoms displayed, or any reason that is or is not Covid-19 related. Reductions in group size due to any of the above reasons will not result in reduced pricing.

There were NO masks requirements at the time this document was written. In 2020 and 2021, the most stringent mask

requirements were such that when you were moving about, you were to wear a mask, but not while stationary, and all of our

guests enjoyed their charters. We do not know if there will be any future requirements (at this time it is not anticipated), but by making a reservation you are agreeing that you understand your charter will be subject to whatever mask restrictions are in place at the time of your charter.

Acknowledgement of Covid-19 statement and terms:

Charterer _________________________________

Location: You are responsible for coming to the correct location for your reservation. The location will be supplied to you in

your confirmation email. We have multiple locations, so it is important that you follow the directions provided to you. There can be no monetary or rescheduling consideration made should you arrive late or at the wrong location.

Authorization and Charge of Charterer’s DEBIT or CREDIT card: CSC will charge a deposit at the time a booking is made, and then no more than 14 days in advance of the charter CSC will use the same card to charge the full balance of the charter due to CSC. Charterer agrees to allow card to be charged for all balances and any scheduled or incurred fees.

Guests Traveling Longer Distances: It is possible to arrive at the harbor and either have a weather system that does not pass as expected, or a new system appears, that could cause the delay or cancellation of the charter. Since charters are not cancelled in advance of sail time due to the dynamic nature of the weather (regardless of hourly forecast), and cancellations are made based on current radar and marine conditions at the time of the charter. It is suggested that guests travelling from further distances have a plan B should the charter be cancelled. Cancellations cannot be made based on how far you travel to reach your boat, so please plan on arriving on time and having a backup plan should the charter be cancelled at sail time.

Change Fees: If CSC cancels your charter (not if Charterer cancels, but if CSC cancels), there is no charge, your deposit is

refunded, and there is no future obligation. All cancellations, rescheduling of date and/or times, changing group size or boat

class, are considered changes and will incur change fees which cannot be waived. All change fees are the greater of the below listed percentage of the full charter cost, or their listed minimum. Change fees cannot be waived regardless of circumstance.

Special events (*see dates below) have double the change/cancel fee and double the minimums.

Change fees for Changes or Cancellations for Charters are (not to exceed cost of charter):

$100 – for cancellations at least 14 full days in advance of scheduled charter ($200 for special events)

15% ($100 minimum) – for cancels/changes at least 10 full days in advance of scheduled charter (30% for special events)

30% ($250 minimum) – for cancels/changes at least 7 full days in advance of scheduled charter (60% for special events)

50% ($250 minimum) – for cancels/changes at least 72 hours in advance of scheduled charter (100% for special events)

75% ($400 minimum) – for cancels/changes at least 4 hours in advance of scheduled charter (100% for special events)

100% – for cancels/changes less than 4 hours in advance of scheduled charter, or no shows.

*Special events (2024: July 3-6 any time, July 27 daytime, and Aug 16-18 daytime), have double the cancellation/change fees

listed above (but shall not exceed the full cost of the scheduled charter), and are subject to a minimum cancellation fee of $200 even if more than 14 days in advance.

Weather Policy: In general, charters are not cancelled in advance of charter time regardless of advance or hourly forecast due to the dynamic nature of the weather. Should CSC cancel your charter, there is of course no charge for the time you were waiting. At the time of the charter, CSC will decide if your charter will be cancelled or delayed due to current conditions and approaching systems. CSC will use the current and predictive radar, as well as the marine forecast and conditions to determine if we will sail. While the weather forecast may say there is a high chance of rain (even on an hourly basis), this is very broad and may not affect the time of your charter or the area where you may sail. CSC does not cancel charters for scattered showers but does cancel for persistent rain. CSC will not allow a charter to begin during an electrical storm or other severe conditions as CSC sees fit, or if CSC believes that such approaching conditions will be unavoidable during a charter by altering course or returning to harbor. You will be notified the moment the decision is made if CSC determines that the charter should be delayed or cancelled, but this decision may sometimes not be made until departure time. If a charter has not been delayed or cancelled, and you do not show for your charter when conditions do allow for a reasonable sail (scattered showers or less), this will be considered a no-show and the no-show fee will apply. Charters delayed due to weather will still have the full duration of the sail should the weather conditions allow. Example: If your charter is scheduled from 9am12pm and it stops raining at 9:45am and looks like it will stay mostly clear, CSC would consider 9:45am-12:45pm the start and end times of the charter, and charge for the full 3-hour duration. Special Events and reservations longer than the standard 3-hour charter, may not be cancelled by CSC even if CSC anticipates some more inclement conditions for some short periods that are not expected to persist. Charters on Air Show Fri-Sun between 9am and 5pm will not be cancelled for showers if planes are still flying (but will be delayed for electrical storms).

Delays: On very rare occasions, unforeseen events (e.g., changing weather, unexpected maintenance needs, legal authority

delays, etc.) may cause CSC to delay your charter for up to 1 hour. If your charter is delayed more than 1 hour, it will be

considered cancelled. CSC will only weather delay your charter if CSC believes conditions will clear to scattered showers or less and allow you to sail within that hour. If you choose not to wait for the possible start of a delayed charter and conditions do allow a sail within 1 hour, this will be considered a no-show and the full fee will be charged. Late returns are a disclosed and known possibility, and no discounts or rescheduling will apply for late returns. Delayed charters are considered to begin once conditions allow a sail. We suggest that all guests come to the harbor and get their party started inside the chartered boat (free of charge while on delay) if their charter is delayed, so that they may depart as soon as conditions allow, and do not miss any part of their chartered time.

Partial Charters: Partial charters are charters which are shortened due to current or expected inclement conditions, mechanical issues, legal authorities, or circumstances beyond our control. Our goal is for every charter to be a perfect charter, but sometimes safety and comfort force us to shorten a charter. Partial charters are charged a prorated fee.

Waves: Waves and strong winds are sometimes a part of boating. CSC will take into consideration current conditions, trends,

and forecasts to decide if it is safe and reasonable to sail. Though it is not common, if anyone is prone to or are worried about motion sickness or sea sickness, you are advised not to get on a boat, as it is often not possible to return to dock quickly due to seasickness discomfort / illness due to the distance from the harbor the boat may be at any given time. No pro-rations can be made for returning part or all of your group to the dock for motion sickness if the constant waves observed 1 mile offshore are less than 4’ (not waves forecast, because that is a forecast, for up to 5 miles offshore). In some cases, it may be advantageous to spend some of your charter in more wave protected areas (such as South of Montrose Point, or behind the offshore break wall around Navy Pier and Monroe Harbor which is roughly ¾ - 1 mile offshore. Charters departing from Belmont may have departure change to DuSable or Monroe to more easily sail in protected areas. Charters will not be cancelled if such protected sailing is comfortable. Charters leaving from Belmont Harbor for scheduled airshow times will depart from Monroe Harbor if waves are too big to sail from Belmont Harbor.

Alcohol: You may bring alcoholic beverages (please avoid glass), but any passenger consuming alcohol must be at least 21, and passengers assume legal consequences due to illegal drinking of alcohol. Should any member of the Charterer’s group become intoxicated, or show up intoxicated, both CSC and the captain reserve the right to deny service or return the offending individual/group to the harbor. No rescheduling will be available, and no refunds will be issued for charters shortened or cancelled due to intoxicated guests. It is nice to enjoy a few drinks while out for your charter, but intoxicated individuals create unsafe and uncomfortable conditions for all. We want everyone to have a fun, safe, enjoyable, and memorable time.

NO Smoking: Smoking is not allowed on board.

Children: Charterer agrees that they have provided reasonably accurate numbers and ages of children to be aboard. Changes in number or ages of children to be aboard must be approved by CSC for safety and legal compliance reasons. Should information provided not be accurate, CSC and captain each reserve the right to cancel your charter if either feels that the change is ages and numbers of children raise safety concerns. Cancellations due to providing inaccurate information about number and ages of children will be charged in full and no rescheduling will be possible.

Illegal Substances: Under NO circumstances are illegal substances permitted on board. Any passenger bringing illegal

substances on board will be held responsible for all damages and costs that may be incurred by CSC due to such action,

including but not limited to: entire cost of vessel due to confiscation by authorities, loss of income due to vessel down time,

liability for injuries, legal fees incurred by all parties. Captains are bound by U.S. Coast Guard Rules to immediately report all possession of illegal substances to authorities, who will meet you at the harbor or even board on the water to take further

action. All captains are bound by U.S. Coast Guard Rules and their oath to immediately report all possession of illegal substances to authorities, who will meet you at the harbor or even board you on the water to take further action.

Swimming: Swimming is at swimmer’s own risk. Charterer must tell CSC in advance of charter if they plan to swim. Any captain has the right to not allow swimming based on conditions and the situation or if not alerted in advance of charter of swimming plans. Swimming is only permitted during full daylight hours by prudent captains. Should Charterer decide to go swimming, they acknowledge that they assume all risks. Any adult that gives a minor in his/her care permission to swim is solely responsible for the safety of said minor. Strict adherence to the captain’s guidelines must be followed or your charter may be ended early with no refund. Captains don’t mess around when it comes to safety. We suggest that if the group plan to swim, that the minimum duration reservation should be 3.5 hours for sailboats, and 3 hours for power boats.

Inappropriate Behavior: Should passenger actions or behavior make your hired captain feel that safety is compromised, other guests are made to feel uncomfortable, or that they are unable to focus on piloting the boat and maintaining safe conditions, and the captain returns early due to this type of circumstance, no refunds, discounts, or credits will be issued.

Restricted Items: Glass (except for wine/champagne bottles) are strongly discouraged. Dark liquids and sauces are strongly

discouraged (e.g. red wine, tomato sauces, grape juice, etc.) as charterer is responsible for the repair/replacement cost for all

damages/stains from these items, and such stain repair cost can run from a few hundred to thousands of dollars as affected

areas of gelcoat may need to be sanded off, repaired, and refinished.

Damages / Cleanup: Charterer is responsible for damage that is negligently caused by charterer or charterer’s group, or for

excessive cleanup. Moderate cleanup is expected after a Charter. Excessive messes caused by inappropriate behavior (ignoring captain’s directions, throwing food/drinks, etc., spilling or breaking of restricted items), may cause a $50 to $100 cleanup fee based on the extent of the cleanup required, plus the cost of any damages. Though it is not under anyone’s control if they get sick or not, it is usually under control where they do it if they need to do so. Guests should notify the captain should they begin to feel ill, and that in the rare case when someone does get sick it is advised that nobody should do so inside any part of the boat below. This should be done overboard, and not even in the bathroom as this can cause the toilet to stop functioning. If you need get ill, the captain or crew member will help you safely do so overboard. There can be a $75 cleanup fee for vomiting in the toilet, and $150 cleanup fee plus any damages for doing so anywhere else down below. The small number of guests who have been ill, are usually courteous enough to follow the captain’s directions.

Credit/Debit Cards: Fees, Arbitration, and Chargebacks: Charterer agrees that the credit card supplied to CSC may be used to charge any balances and any additional fees incurred during the charter. Charterer also agrees to first make every effort to contact CSC if Charterer believes that there is an incorrect or unreasonable charge. Charterer further agrees that should the issue remain unresolved for more than 10 days, arbitration will be the sole remedy (see “Agreement” below), and agrees not attempt to seek any remedy through Charterer’s credit/debit card issuer or any other chargeback method. Any and all expenses incurred by CSC due to the violation of this agreement will be the responsibility of the charterer.

Confirmation email and texts: The confirmation email sent by CSC to charterer contains the complete pricing, deposit, time, date, and vessel type information, and is part of this agreement. You agree that CSC is also allowed to send you text messages with contact info and directions for your charter.

Agreement: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. The parties consent to exclusive jurisdiction and venue in the federal and state courts in Cook County, Illinois. Any dispute, action, dispute, interpretation, or claim shall be resolved via arbitration and shall be the sole and exclusive procedures for the resolution of any such disputes. The arbitration shall take place in Chicago, Illinois. Arbitration expenses will be shared by the parties. Expenses (legal, travel, incidental, etc.) shall be apportioned by the arbitrator to each party. Arbitration proceedings will be governed by the Rules of the American Arbitration Association. If any provision of this Agreement shall be found invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to reasonably affect the intent of the parties. This Agreement and Amendments, constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written, or oral. Delivery of an executed Agreement and Amendments by facsimile, PDF, E-mail, e-signature or any other reliable means shall be deemed to be as effective for all purposes as delivery of a manually executed agreement. Both parties agree that all electronic communications, a reliable identification term, “Agree” or “Accepted”, contained in an electronic document is sufficient to verify your acceptance and is the equivalent of your signature to this agreement.

Full Disclosure of Terms: I agree that I have had ample opportunity to review all the above terms and conditions, been made aware of all cancellation/change fees, been made aware of the fact that charters are not cancelled until sail time and may be delayed up to 1 hour without cancellation, notified of potential cleanup fees, and all other terms listed above. By signing or esigning this agreement I agree to all above terms and conditions.



Name__________________________________ Date__________________________