Yachtly Charterer Addendum

Congratulations on booking your charter vacation!

These Yachtly Charter Addendum terms (the "Addendum") are between the person identified as the "CHARTERER", as that term is defined in your charter agreement (the "Charter Agreement") and any other person making payments on behalf of the CHARTERER in connection with the Charter Agreement ("you, or "your"), and Yachtly, Inc. ("we", "us", or "Yachtly"). Capitalized terms in this Addendum that are undefined in this document will have the meaning of those terms as they are defined in the Charter Agreement. Your BROKER has contracted with us to provide payment processing services (the "Yachtly Services”) for each of the payments set forth in the Payment Schedule of your Charter Agreement. By agreeing to the terms of this Addendum, you are acknowledging that you have agreed with your BROKER to make charter payments using Yachtly. After the CHARTERER signs the Charter Agreement, and prior to the due date of each installment payment, Yachtly will send a “Payment Link” to you via email. The Payment Link will take you to a secure electronic checkout page that contains payment instructions. You may pay with a debit or credit card, or by ACH bank transfer. The CHARTERER has agreed with the Broker to pay a fee to cover the cost of the Broker's use of the Yachtly Services (the "Platform Fee").

DISCLAIMER AND LIMITATION OF OUR LIABILITY TO YOU: YOU UNDERSTAND THAT YACHTLY IS NOT A PARTY TO THE CHARTER AGREEMENT. THIS MEANS THAT YOU MAY NOT EXERCISE ANY OF YOUR RIGHTS UNDER THE CHARTER AGREEMENT AGAINST US, AND THAT YOU RELEASE US FOR ANY LIABILITY ARISING FROM YOUR USE OF THE YACHTLY SERVICES. WE ARE NOT RESPONSIBLE FOR FULFILLMENT OF ANY OF THE OBLIGATIONS OF YOUR BROKER, OR ANY OF THE OTHER PARTIES TO THE CHARTER AGREEMENT. WE ARE NOT LIABLE TO YOU FOR ANY LOSSES OR INJURIES THAT YOU OR YOUR FELLOW GUESTS INCUR THAT RESULT FROM, ARE RELATED TO, OR ARISE OUT OF ANY DISPUTES BETWEEN YOU AND THE PARTIES TO THE CHARTER AGREEMENT REGARDING YOUR SATISFACTION WITH THE CHARTER, CANCELLATIONS DUE TO WEATHER OR ANY OTHER CAUSES, OR ANY BREACH OF THE CHARTER AGREEMENT’S TERMS BY ANY PARTY. YOU EXPRESSLY AGREE NOT TO EXERCISE OR ATTEMPT TO EXERCISE CARDHOLDER “CHARGEBACK” RIGHTS, REGULATION E ACH TRANSACTION DISPUTE RIGHTS, AND ANY RIGHTS OR PRIVILEGES YOU MAY HAVE REGARDING PAYMENT CANCELLATION, REFUNDS OR REVERSALS UNDER APPLICABLE LAW (EACH, A "PAYMENT REVERSAL") BEFORE THE PARTIES TO THE CHARTER AGREEMENT HAVE COMPLETED AND DOCUMENTED IN WRITING THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN CLAUSE 20 OF THE CHARTER AGREEMENT. YOU AGREE TO PROVIDE YACHTLY WITH A COPY OF THE DISPUTE RESOLUTION AGREEMENT BEFORE YOU INITIATE ANY PAYMENT REVERSAL. YOUR USE OF THE PAYMENT SERVICES IS SUBJECT TO THE TERMS OF THE YACHTLY PLATFORM AGREEMENT AND THE YACHTLY PRIVACY POLICY. THE YACHTLY PLATFORM AGREEMENT AND THIS ADDENDUM WILL TAKE PRECEDENCE IN THE EVENT OF ANY CONFLICT WITH THE TERMS OF THE CHARTER AGREEMENT. UNLESS THERE ARE LAWS IN YOUR JURISDICTION THAT PROHIBIT LIMITATIONS ON OUR LIABILITY TO YOU, THE MAXIMUM LIABILITY WE WILL HAVE TO YOU UNDER ANY CIRCUMSTANCES WILL BE THE AMOUNT OF THE PLATFORM FEE.

If you have any questions about this Addendum, please contact us at support@goyachtly.com