The terms for listing your boat on BoatDay.

This Captain Agreement is a binding contract between you and BoatDay Group LLC, a Florida limited liability company ("BoatDay", "we", "us"). It applies whenever you list a boat or offer a trip on the Platform. It supplements our Terms of Service, and where the two conflict on anything specific to being a Captain, this agreement controls. By listing a boat, you accept it.

You list and operate your boat as an independent contractor. Nothing here creates an employment, partnership, joint venture, or agency relationship. You control your own vessel, crew, schedule, pricing within Platform limits, and how you run every trip. BoatDay does not direct, supervise, or control your operation of the vessel, and does not provide crew, equipment, or training. You are responsible for your own business licenses, permits, and any employees or crew you engage.

Each time you list a boat or accept a booking, you represent and warrant that:

• you hold every license, credential, and endorsement required to operate the vessel and carry paying passengers in the waters where you operate, including any USCG license required for the vessel and passenger count;
• you own the vessel or have the documented legal right to charter it;
• the vessel is currently registered or documented, seaworthy, and carries all safety equipment required by federal and state law for its class and passenger capacity;
• you maintain either the insurance or the signed passenger waivers required by Section 4, and whichever you rely on is currently in place;
• your listing accurately describes the vessel, its passenger capacity, the trip, and anything a reasonable guest would want to know before booking;
• you will not exceed the vessel's lawful passenger capacity under any circumstances; and
• you will exercise your own independent judgment about whether weather, sea state, mechanical condition, or any other factor makes a trip unsafe, and will delay, shorten, or cancel a trip whenever safety requires it. That judgment is yours alone and BoatDay will never penalize a cancellation genuinely made for safety.

You must protect your guests in one of two ways, and keep it in place for the entire period your listing is available, including any trip already booked:

• Liability insurance. Active liability insurance covering bodily injury to and death of passengers aboard your vessel, and covering the vessel's commercial charter use, meeting or exceeding any coverage requirements BoatDay publishes for Captains from time to time; or
• Signed passenger waivers. A signed liability waiver and assumption-of-risk agreement from every passenger, obtained before that passenger boards, retained for at least three years, and produced to BoatDay on request.

Whichever you rely on:

• BoatDay does not provide insurance for your trips. BoatDay is not an insurer, is not a party to your policy, and provides no coverage of any kind to you, your vessel, your crew, or your guests.
• You must provide proof of whichever you rely on during verification, and again on request at any time.
• If you rely on insurance, you must notify BoatDay in writing within 3 days if your policy lapses, is cancelled, is non-renewed, or its coverage is materially reduced. If your coverage lapses, BoatDay may immediately unlist your boat and cancel upcoming bookings without liability to you.
• If BoatDay publishes a requirement that Captains name BoatDay as an additional insured, you will obtain that endorsement and provide a certificate of insurance evidencing it.
• You choose which route you rely on, and the risk of that choice is yours. You acknowledge that a passenger waiver may be limited or unenforceable in some circumstances, including under 46 U.S.C. Chapter 305, that a waiver does not pay a claim the way insurance does, and that BoatDay has not advised you that waivers are adequate protection for your business. Your obligations under Sections 10 and 11 apply in full either way.
• Operating a trip booked through the Platform with neither active coverage nor a signed waiver from every passenger aboard is a material breach of this agreement.

Before your listing goes live, BoatDay reviews your identity document, vessel registration, and proof of insurance or your passenger waiver (see our Trust & Safety page). That review is a point-in-time check of documents you supply. It is not an audit, an inspection of your vessel, an ongoing monitoring service, or any assurance to you or to guests that your documents remain valid. Keeping your license, registration, and insurance current is entirely your responsibility, as is telling us promptly when any of them changes.

BoatDay's standard commission is currently 13% of the trip price. Your first 3 trips on the Platform are charged a reduced 5% commission instead (see the platform's live rates on the Pricing page, that's the source of truth if this ever goes stale). You receive the remainder of each completed trip's price after whichever commission applies. The single exception to these rates is the optional Boost program described in Section 16, which applies only if you enable it and only on the days it actually places your listing.

Payouts are sent through Stripe Connect. You'll connect a payout account through Stripe's own onboarding flow from your captain dashboard before you can receive any payout. BoatDay transfers your share directly to that account once a trip is marked complete by both you and the Guest, no separate request or waiting period beyond that confirmation.

If a guest successfully disputes or charges back a payment for a trip after you have been paid, or if BoatDay is required to refund a guest for a trip you did not perform as described, BoatDay may recover the amount already transferred to you. BoatDay may do this by offsetting it against your future payouts, or by invoicing you directly if your future payouts are insufficient, and you agree to pay any such invoice within 30 days. BoatDay will tell you the reason for any recovery and give you a reasonable opportunity to provide information before finalizing it, but the decision on whether to contest a chargeback is BoatDay's. This section survives termination of this agreement.

BoatDay's cancellation policy is platform-wide, not set per listing (see Terms of Service section 6 for the exact tiers). If a Guest cancels a confirmed trip 30 or more days out, they're refunded in full and you receive nothing for that trip. Between 72 hours and 30 days out, you keep 40% of the trip price if the Guest cancels. Within 72 hours, you keep 90%. If you cancel, for any reason, the Guest is always refunded in full and you receive nothing.

Repeated cancellations by you, other than genuine safety cancellations, may result in removal from the Platform.

Once BoatDay has connected you with a Guest, every trip with that Guest must be booked and paid for through BoatDay, not off-platform, and not by trading personal contact information (phone number, email, social media, etc.) to arrange a trip outside the app. This protects the verification, payment protection and support that only apply to trips actually booked through BoatDay, and it's how we're able to keep commission low and predictable for everyone.

If BoatDay finds you've booked a trip with a Guest outside the platform, or exchanged contact information for that purpose, your account may be suspended or permanently banned from BoatDay, in addition to any other remedies available to us. You also agree not to use guest contact information obtained through the Platform for any purpose other than performing that specific trip.

You, not BoatDay, are solely responsible for the safe operation of your vessel and for everything that happens on or in connection with your trips. This includes injury to or death of any person, damage to or loss of any property, environmental damage, regulatory violations, and any claim arising from your crew, your equipment, or your conduct. BoatDay is a technology platform that connects Captains and Guests. BoatDay does not own, operate, charter, inspect, crew, or control any vessel, and is not a carrier, a charter operator, or a party to the charter between you and your guests.

You will indemnify, defend, and hold harmless BoatDay Group LLC and its members, officers, employees, and agents from and against any claim, demand, action, loss, liability, damage, penalty, fine, cost, or expense, including reasonable attorneys' fees and costs of defense, arising out of or relating to: (a) any trip you operate or offer; (b) your vessel, its condition, equipment, or crew; (c) injury to or death of any person, or damage to any property, occurring on or in connection with your trip; (d) your breach of this agreement, the Terms of Service, or any representation you have made; and (e) your violation of any law, regulation, or licensing or insurance requirement.

Your duty to defend arises as soon as a claim is asserted, regardless of whether it is ultimately found to have merit. BoatDay may, at its own option, take control of the defense of any claim covered by this section using counsel of its choosing, at your expense, and you will cooperate fully. You will not settle any claim in a way that imposes any obligation or admission on BoatDay without BoatDay's prior written consent. This section survives termination of this agreement.

You are solely responsible for determining, reporting, and paying all taxes owed on your earnings through the Platform, including income tax and any applicable sales, use, or admissions tax. BoatDay does not withhold taxes from your payouts. Where required by law, BoatDay or its payment processor will issue you an information return such as a Form 1099-K reflecting your Platform earnings, and you are responsible for keeping your taxpayer information current and accurate in your payout account.

BoatDay does not currently collect Florida sales or admissions tax from guests at checkout. That does not mean no such tax is owed on your trips. Whether tax applies depends on the type of trip and how you operate, and any such obligation is yours to assess, report, and pay. Confirm your own treatment with a licensed Florida tax professional.

BoatDay may remove a listing, cancel bookings, or suspend or terminate your account, immediately and without prior notice where safety or legal compliance requires it, if: you breach this agreement or the Terms of Service; your license, registration, or insurance lapses, or you stop obtaining the waivers you rely on; we receive a credible report of unsafe operation, harassment, intoxication, or capacity violation; you repeatedly cancel confirmed trips; or we reasonably believe your continued listing presents a risk to guests or to BoatDay. Where practical and lawful, we will tell you why. Amounts already owed to you for completed trips remain payable, subject to Section 7.

This agreement applies for as long as you have an active Captain account. Either party may terminate it at any time on written notice. You must still honor every confirmed booking accepted before termination, or cancel it under Section 8. Sections 7, 10, 11, 12, 15, and 17 survive termination.

This agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, except where federal maritime law applies of its own force. Any dispute between you and BoatDay arising out of or relating to this agreement is subject to the binding individual arbitration and class-action waiver set out in the Terms of Service, which is incorporated here by reference. Nothing in this agreement limits any right a passenger may have under 46 U.S.C. Chapter 305 or other applicable federal law.

BoatDay offers an optional sponsored-placement program called Boost. Boost is off by default. It applies to a listing only if you enable it yourself from that boat's management page, and you may disable it at any time, with no notice period and no fee for doing so.

Boost is available only in service areas that meet a minimum number of live listings. Where it is available, a limited number of sponsored positions at the top of search results are allocated among enrolled listings by a draw that is re-run daily. Enrolling does not guarantee placement on any given day, and BoatDay does not sell a permanent or guaranteed position.

On a day your listing holds a sponsored position, bookings created that day are charged an additional 5% commission on top of the rate that would otherwise apply, for a total of 18% at the standard rate. The applicable commission rate for a booking is fixed when that booking is created and does not change afterwards. Bookings created on days your listing does not hold a sponsored position are charged at your normal rate, and there is no subscription, monthly charge, or minimum spend associated with Boost.

Sponsored listings are labeled as sponsored wherever they appear to Guests. Sponsored placement does not change the price a Guest pays, and does not affect the amount refunded to a Guest under BoatDay's cancellation policy.

Questions about this agreement? Reach us at contact@boatdayus.com.