Terms & Conditions
South Beach Party Boats, LLC reserves the right to cancel trips within 6 hours of departure, reserves the right to transfer participants to a different vessel, reserves the copyright to every trip and any photos and/or videos used for marketing, sales or advertising purposes are prohibited without the express written consent of South Beach Party Boats, LLC. Trip concepts will not be used or replicated with competitor or competing business.
Will not be held liable for any operator error. Not responsible for lost, damaged or stolen items. No reimbursement of prepaid, non-refundable expenses for covered trip interruptions/cancellations or essential items purchased on your trip if delayed for any reason.
Agreement between User and www.southbeachpartyboats.com
Welcome to www.southbeachpartyboats.com. The www.southbeachpartyboats.com website (the “Site”) is comprised of various web pages operated by South Beach Party Boats, LLC (“South Beach Party Boats”). www.southbeachpartyboats.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.southbeachpartyboats.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.southbeachpartyboats.com is an E-Commerce Site.
The purpose of the South Beach Party Boats, LLC website is to market and create direct sales for our touring excursions.
Visiting www.southbeachpartyboats.com or sending emails to South Beach Party Boats constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that South Beach Party Boats is not responsible for third party access to your account that results from theft or misappropriation of your account. South Beach Party Boats and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
South Beach Party Boats does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.southbeachpartyboats.com only with permission of a parent or guardian.
South Beach Party Boats Refund and Cancellation Policy
South Beach Party Boats reserves the right to cancel the trip in case of Weather and in cases of boat malfunction, in both instances a full refund will be given. We collect the deposits to reserve your date and time slot. This deposit is non-refundable unless the trip is cancelled by the Captain due to bad weather or unforeseen boat problems, or if this cancellation is made at the dock on the day of the trip, only at the Captain’s discretion. All other cancellations forfeit your deposit.
South Beach Party Boats offers certificates for necessary cancellations or reschedules for consumers to use on a future date that can be confirmed in as short as 72 hours prior to the intended trip dates.
Cancellations due to extreme weather or captain requested events will be refunded to the registrar at email request only; no later than 72 hours after consumer has received email confirmation of cancellation of their trip. Consumers who do intend or expect to collect a refund must do so in writing via email to South Beach Party Boats at [email protected]
Please reply to your booking confirmation for expedited responses. Refunds are made by electronic payment only.
South Beach Party Boats does notify of extreme weather or captain requested cancellations anywhere from 24 hours to 30 mins prior to trip cancellation confirmation.
No shows are responsible for 100% of trip fees.
Parties of 30+ People Reduced
If a reduced number of participants are notified and acknowledged by SBPB in writing (by email) up to 72 hours prior to the tour, a refund of the difference but not exceeding 80% of the total dollar amount for the number of people given at time of payment (14 days prior) will be refunded. If a reduced number of participants are given within 72 hours prior to the tour, no refunds are granted. No refunds for no shows. Refunds are made by electronic payment.
Specific Trip Guidelines and Arrival times
You and your party must me at the dock and ready to rock n roll one half hour prior to departures if you are late for departure and do not have funds ready to be paid in full and are ready to board your boat on time ;South Beach Party Boats will regrettably have to leave without you.
Trips continue to depart from the dock regardless of weather, unless weather is extreme or you have received email that trip has been cancelled for any other reason.
We collect the deposits to reserve your date and time slot. This deposit is non-refundable unless the trip is cancelled by the Captain due to bad weather or unforeseen boat problems, or if this cancellation is made at the dock on the day of the trip, only at the Captain’s discretion. All other cancellations forfeit your deposit.
Our booking policy is to meet at the boat at the agreed time and place on the day of the trip. If the trip is cancelled by the Captain due to bad weather, we will try to re-book your trip for a better day if the your schedule allows, otherwise we will refund your deposit as stated above in refund policy terms.
SBPB reserves the right to cancel an event due to low enrollment, inclement weather or other circumstances which would make the event non-viable. If we cancel an event, registrants will be offered a full refund as stated above in refund policy terms. Should circumstances arise that result in the postponement of an event, registrants will have the option to either receive a full refund or transfer registration to the same event at the new,
Unless specifically stated on registration details, on-site registrants are subject to an additional $5.00 administrative fee.
If you would like to reschedule your event, due to personal/scheduling reasons, you must contact SBPB in writing/ by email 45 days prior to the event. You may use your Special Event Permit, but will be required to pay another $200 non-refundable deposit to reserve your new date.
If you contact SBPB/ in writing 44 days or less before the event to reschedule you will be required to repeat the entire application process and pay all fees again.
If the event is cancelled due to factors out of our control, i.e. weather, water quality, or any other unforeseen reason, and you would like to reschedule, the Event Coordinator may use the same permit to transfer the date of the event.
Customers will also receive a full refund in case of operator cancellation due to weather or other unforeseen circumstances. Trips may be sold out a time of purchase which we will contact you in advance to refund or reschedule. Contact us by email to cancel or inquire about a cancellation. No-shows will be charged the full price.
Links to Third Party Sites/Third Party Services
www.southbeachpartyboats.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of South Beach Party Boats and South Beach Party Boats is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. South Beach Party Boats is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by South Beach Party Boats of the site or any association with its operators.
Certain services made available via www.southbeachpartyboats.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.southbeachpartyboats.com domain, you hereby acknowledge and consent that South Beach Party Boats may share such information and data with any third party with whom South Beach Party Boats has a contractual relationship to provide the requested product, service or functionality on behalf of www.southbeachpartyboats.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of South Beach Party Boats or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. South Beach Party Boats content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of South Beach Party Boats and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of South Beach Party Boats or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your South Beach Party Boats account to third party accounts. By connecting your South Beach Party Boats account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by South Beach Party Boats from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the South Beach Party Boats Content accessed through www.southbeachpartyboats.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless South Beach Party Boats, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. South Beach Party Boats reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with South Beach Party Boats in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and South Beach Party Boats agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOUTH BEACH PARTY BOATS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SOUTH BEACH PARTY BOATS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOUTH BEACH PARTY BOATS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
South Beach Party Boats reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and South Beach Party Boats as a result of this agreement or use of the Site. South Beach Party Boats’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of South Beach Party Boats’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by South Beach Party Boats with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and South Beach Party Boats with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and South Beach Party Boats with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
South Beach Party Boats reserves the right, in its sole discretion, to change the Terms under which www.southbeachpartyboats.com is offered. The most current version of the Terms will supersede all previous versions. South Beach Party Boats encourages you to periodically review the Terms to stay informed of our updates.
DIGITAL MEDIA PHOTO / VIDEO /VOICE RECORDING RELEASE AND AUTHORIZATION
1. PARTICIPATION. As party to the South Beach Party Boats products and services, Particpants agrees to participate, in certain photographs, video recordings, audio recordings, and/or other means of recording images and/or sound as arranged by South Beach Party Boats (the “Recordings”). The Participant agrees that the Company (or its designee) has permission to record his/her voice, sounds, conversation, image, and likeness in the Recordings.
2. GRANTS. The Participant hereby grants to the Company, its affiliates, agents, successors, licensees, and assigns (collectively with Company, the “Company Affiliates”) a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of his/her likeness and/or voice in the Recordings (alone or in connection with others and in connection with any media, now known or hereafter created) throughout the universe in and in connection with or relation to the development, marketing, advertisement, licensing, sale, distribution, and promotion of any events, products, merchandise, services, or brands of the Company Affiliates. The Company Affiliates shall have all right, title, and interest to any other right, title, or interest The Participant may possess in the Recordings including, but not limited to, The Participant’s likeness, voice, copyrights, persona, character, image, characterization, logos, slogans, catch phrases, art, and physical attributes including, but not limited to, body art and tattoos (collectively, the “Likeness”). The Recordings are specially ordered and commissioned by the Company, and are works-made-for-hire from the moment of creation, and are and shall be the sole and exclusive property of the Company. The Company shall be the sole and exclusive owner of all the rights, results, and proceeds of the Recordings, in each case, of every kind or nature, whether now known or hereafter devised. Without reservation or limitation, The Participant hereby sells, assigns, transfers, and conveys the Recordings to the Company, exclusively, irrevocably, and perpetually, together with all right, title, and interest in and to the Recordings throughout the world including, without limitation, the right to enforce its right in and to secure registrations, renewals, reissues, and extensions thereof. The Participant agrees that the Company Affiliates shall have the right to transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, Release and Authorization to Record and Use Voice and/or Likeness to duplicate, distribute, or otherwise exhibit the Likeness worldwide in all forms of media and forms of exploitation, now known or hereafter created including, but not limited to, websites, film, television, radio, and print. The Participant agrees it will have no right to approve any use of the Likeness in the Recordings or otherwise. The Participant agrees that no third party has or shall have any right of approval over the use of the Likeness or will be due any amounts from the use of the Likeness.
3. RELEASE. The Participant hereby releases the Company Affiliates from any and all claims and demands that The Participant may have now or at any time arising from this Release or the use of the Likeness or Recordings, including but not limited to, claims for personal injury, invasion of privacy, defamation, libel, right of publicity, infliction of emotional distress, or additional payment.
4. NO OBLIGATION TO USE. The Company shall have no obligation to use the Recordings or the Likeness. The Company’s sole obligation to The Participant is to pay the Payment set forth above to The Participant, which The Participant confirms has been paid by the Company and received by The Participant.
5. RELEASOR’S REPRESENTATIONS AND WARRANTIES. The Participant hereby represents and warrants that: (a) s/he is, at the execution of this Release, at least eighteen (18) years old and not a minor; (b) s/he has the full right and legal capacity to enter into this Release and to grant the rights granted or agreed to be granted hereunder; (c) there is no outstanding contract, commitment, agreement, or legal impediment of any kind that conflicts with this Release or that might limit, restrict, or impair the rights granted to the Company Affiliates hereunder; (d) the identifying information of The Participant set forth above is true and correct; (e) s/he has entered into this Release freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Release; and (f) s/he has read and understands this Release.
6. ENTIRE AGREEMENT. Release and Authorization to Photography, or Video Record and Use Voice and/or Likeness. This Release constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.
7. ASSIGNMENT. This Release is personal to The Participant and may not be assigned by The Participant. The Company shall have the right to assign, sublicense, sell, or pass-through any rights contained herein or this Release to a third party without approval from The Participant.
8. MODIFICATION. This Release may be supplemented, amended, or modified only by the mutual agreement of the Parties, which agreement must be in writing and signed by both Parties.
9. SEVERABILITY. Whenever possible, each provision of this Release will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Release is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in Release and Authorization to Record and Use Voice and/or Likeness 4 any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Release will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
10. COUNTERPARTS/ELECTRONIC SIGNATURES. This Release may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Release, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature.
South Beach Party Boats welcomes your questions or comments regarding the Terms:
South Beach Party Boats, LLC
401 Biscayne Blvd
Miami, Florida 33132
Effective as of July 01, 2018