Private River Walk Boat Contract
1. Payment. If full pre-payment of Event charges not paid in accordance with the Agreement, then the Event may be canceled by Go Rio in its sole discretion. You hereby authorize Go Rio to charge the pre-payments on your credit card.
2. No Subcontracting; Resale; Advertising. Client shall not contract, sublet or resell any matters related to the Event, or the use of the barge(s) to any third party without the prior written consent from Go Rio, which consent may be withheld in its sole and absolute discretion. Client shall not sell tickets or otherwise market or promote the Event to any third party to attract, solicit, or generate attendance at Go Rio without the prior written consent of Go Rio, which consent may be withheld in its sole and absolute discretion. Advertising or use of Go Rio name, logo, or pictures is not be permitted without prior written consent of Go Rio. No type of solicitation on the property will be permitted at anytime.
Standard Terms and Conditions
3. Rules and Regulations; Barge Capacity. Client and its guests shall abide by all rules and regulations prescribed by Go Rio. In no event will the total guest count exceed the barge capacity, as the same may be determined by Go Rio. Client recognizes that in the event the barge capacity is exceeded, the overcrowding may create a potential health and safety issue for Client, Client’s guests and Go Rio, its employees, other guests or invitees. Client agrees that in the event the Barge capacity is exceeded, Go Rio, in its sole and absolute discretion, may suspend and/or discontinue the Event, in which event, Client shall remain liable for amounts owing here under. It is prohibited for the barge to remain stationary for more than 30 minutes with or without loaded guests; therefore, late arriving guests may experience a departed or possibly cancelled charter. Tour drivers will perform the historical tour
for all Private Cocktail/Dining charters unless directed otherwise in writing on the charter slip by the Client representative.
4. Conduct on the Barge. Go Rio will not permit the affixing of anything by use of nails, staples, tape, or any other substance, unless approved in advance by Go Rio, to the barge. Any inappropriate dress, unprofessional or inappropriate behavior or use of vulgar language will be grounds for immediate ejection from the barge. Go Rio
reserves the right to refuse the sale or service of alcoholic beverages to anyone at
anytime for any reason.
5. Indemnification. Client shall indemnify and hold harmless Go Rio, its principals, shareholders, directors, officers, affiliates, assigns, successors, agents, attorneys, and employees against and from any and all damages, liabilities, claims, or causes of action, including attorney’s fees, arising out of Client’s performance of this Agreement or related to the Event. The foregoing shall include, but not be limited to, costs for
excessive clean-up made necessary by Client, Client’s guest or attendees, florists, decorators, or other outside agencies retained by Client.
6. Security, Injury and Property. Go Rio does not provide security for the Event. Client agrees to indemnify and hold harmless from any claims, costs or expenses which arise related to any security issues. Go Rio is not responsible for any loss, damage, or injury that may occur to Client, Client’s guests or attendees of the
function, or to their property from any cause whatsoever, prior to, during, or following the Event times.
7. Cancellation by Client. In the event that Client cancels this Agreement or the Event for any reason, Client shall be liable, as liquidated damages, but not as a penalty to Go Rio as follows:
- Thirty (30) days or less prior to the Event, one hundred percent (100%)
of the amount of the Event charges specified in the Agreement.
- Thirty-one (31) days to sixty (60) days prior to the Event, fifty percent
(50%) of the amount of the Event charges specified in the Agreement.
- Sixty-one (61) days or more prior to the Event, no cancellation charges shall
- Thirty (30) days or less prior to the Event, one hundred percent (100%)
CLIENT AGREES THAT THE FOREGOING SUM IS IN CONSIDERATION OF THE SPECULATIVE NATURE OF ANY ASSOCIATED DAMAGES AND THE DIFFICULTY OF ESTIMATING THE SAME, AND IS BARGAINED FOR LIQUIDATED DAMAGES PROVISION AND NOT A PENALTY, AND IS FURTHERMORE WITHOUT PREJUDICE TO ANY FURTHER CLAIMS BY GO RIO.
8. Cancellation by Go Rio; Limitation of Liability. In the event that Go Rio cancels this Agreement for any reason other than a default by Client here under, arefund of any pre-payments made will be processed within ten (10) business days. For cancellation purposes only, Client’s sole and exclusive remedy against Go Rio for any claim or lawsuit under any theory under Agreement is limited to the return of any pre-payments. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GO RIO’S LIABILITY TO CLIENT OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EVENT EXCEED, IN THE AGGREGATE, THE TOTAL SUMS PAID BY CLIENT TO GO RIO HEREUNDER WITH RESPECT TO WHICH SUCH LIABILITY RELATES, WHETHER SUCH LIABILITY IS BASED ON AN ACTION IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.
9. Force Majeure. The obligations of the parties under this Agreement shall be excused in whole or in part, as necessitated based on the circumstances, by acts of God such as fires, storms, rain, cold, water quality or conditions, lightening, or floods; confiscations or restraints of government (civil or military, including but not limited to inability to have access to roads or pathways); strikes or labor disputes, civil disturbance; or any other cause or combination thereof that is not within the reasonable control of the parties, and not otherwise due to any negligence or willful
misconduct by the parties.
10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
11. Rio On Demand (ROD). ROD is a taxi service (20 people minimum) at a specifically contracted time and this Event does not include a narrated tour. Due to pre-arranged scheduled obligations, the ROD cannot sit at the dock for any period of time. The entire group of guests must be ready to load by the scheduled pick up time. No additional ticket purchases or refunds are allowed and/or after the date of the Event. Travel time between destinations will vary depending on river traffic, time of day and distance traveled. For everyone’s safety, passengers must remain seated until the barge is tied down at its destination and the driver gives the approval to unload.
12. All Privately Reserved Barges. Whenever appropriate and merited, tips offered to our barge drivers should be handled separately from the catering bill and this Agreement. Client understands that gratuity for barge drivers is NOT included in the contract price and Client has the unrestricted right to determine such amount, if any. Tables and chairs may not be removed from the barge.
13. Taxes. All prices quoted in this document are subject to applicable taxes.
14. Non-Peak Rates vs. Peak Rates. A scheduled charter that begins during
Non-Peak hours, but extends into Peak Rates for any portion, will be billed at the Peak Rate for the entire scheduled charter time.
15. Approved Overtime. For situations where an Overtime request is made in advance, Go Rio operations supervisors on duty the day of the Event are the only personnel authorized to allow an Event to extend into an Approved Overtime condition. Any Approved Overtime rates will be billed at the applicable rate the charter was billed for. Please be advised that this option for overtime is not always possible due to that particular day’s events; therefore, any anticipation of this request should be mentioned to the driver for immediate follow up. The barge driver is not authorized to approve or decline a request for overtime.
16. Unapproved Overtime. Go Rio is authorized to bill overtime when an Event extends beyond the original scheduled chartered time without prior approval, due to negligence on behalf of the restaurant, caterer or client. This Unapproved Overtime is billed at a higher rate, in blocks of 30 minutes or any portion thereof. For example, if
a charter goes over its allotted time (not due to the acts of Go Rio) by ten minutes, Client will be billed a full 30 minute block at the Unapproved Overtime Rate. Client understands that it and its guests may be required to leave the barge at the end of their scheduled Event time.
17. Inclement Weather Policy. Go Rio reserves the right to determine if it is necessary to cancel a private reservation (including ROD events) due to inclement weather predictions. In the event there is an imminent chance of inclement weather, the Direct of Operations will decide whether to offer the option to cancel to the designated contact person for the Event. After consulting with weather information sources, this option to cancel is offered directly through our Reservation Department or Dispatch Office to all scheduled events and must be confirmed with a notification
time deadline set by the Director of Operations. When offered, this will allow the event to be cancelled with a full refund. If the deadline is not met, by the designated contact person for the event or the option is refused, the event will attempt to go on as planned. It is important to understand that at any given point after this contact, the
charter may still be subject to possible cancellation based on the Director’s updated assessment of weather and safety risks. Extreme temperatures are a normal condition in south Texas and not considered inclement weather.
18. Miscellaneous. Should either party prevail in litigation to enforce the terms and conditions of this Agreement, such party shall be entitled to recover its costs of litigation and its reasonable attorney fees as fixed by the trial court and, if any appeal is taken from any decision of the trial court, such further sum as may be fixed by the appellate court. The parties hereby waive trial by jury in any action, proceeding, or counterclaim brought by either party against the other (except for personal injury or property damage) on any matters whatsoever arising out of or in any way connected with this Agreement. This Agreement is not assignable. This Agreement is the entire Agreement between the parties and it may not be altered or amended except in writing and signed by