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Captain's Agreement

HAWAIIAN ISLAND ENTERPRISES, LLC

BOAT CAPTAIN SERVICE AGREEMENT

Independent Contractor

THIS AGREEMENT is made into by and between HAWAIIAN ISLAND ENTERPRISES, LLC a Hawaiian Limited Liability Corporation whose address is 73-4660 Mamalahoa Hwy. Kailua-Kona, HI. 96740. (“COMPANY”) and whose address is (“AGENT or CAPTAIN”) and whose Federal Employee Identification Number or Social Security Number is _______________.

FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, COMPANY agrees to utilize CAPTAIN, and CAPTAIN agrees to work for COMPANY under the terms and conditions hereby agreed upon by the parties in connection with the Charter or Personal Use of the vessel(s) named “The Hustler” (Boat or Vessel) and all its machinery, sails, generators, electronics, contents and appurtenances.

SECTON 1 – WORK TO BE PERFORMED

1.1 Term: COMPANY agrees to utilize CAPTAIN, on a part time, on again off again schedule, to perform the services and work (“Duties”) as stated in section 1.3 of this Agreement.

1.2 USCG Periodic Random Drug Testing:  The United States Coast Guard requires that all licensed charter boat operators have a Drug Monitoring and Enforcement Policy implemented within the company that requires periodic random drug testing of all COMPANY utilized boat Captains. CAPTAIN will be required to submit to COMPANY mandated random drug testing.

1.3 Duties: CAPTAIN agrees to perform the following Duties for COMPANY and in satisfaction of COMPANY obligations as set out in the Terms of Service, the Charter Agreement and the COMPANY Policies and Procedures, all of which are incorporated herein, and which Duties shall include, but are not limited to, the following:

- Perform and record pre-trip and post-trip safety and Boat condition inspections (Check-In and Check-Out forms), including issuance of a Delivery Inspection Report using forms (hard copy or electronic) supplied by COMPANY.

- Report promptly to COMPANY any deficiencies in the Boat which causes concerns for the safety of any charter boat customer, passengers, crew or property, including the Boat, property of the COMPANY, Owner and/or Renter, and any third-party property.

- Pilot and maintain control of Boat within the charter’s geographic area.

- Pilot and maintain control of the Boat in a safe and legal manner exhibiting seamanlike conduct at all times.

- Comply with all relevant laws applicable to the performance of the Duties and the operation of the Boat as well as   any equipment used in the performance of the Duties.

- Take reasonable and prudent actions as deemed necessary by the CAPTAIN to protect and preserve the safety of persons and property.

- Comply with reasonable directions and instructions in relation to the performance of the Duties.

- CAPTAIN is not permitted to wear a work attire or bring onboard the vessel any offensive, aggressive, rude, illegal, political or vulgar in nature apparel, hats, merchandise, items or paraphernalia.  CAPTAIN must present, dress and otherwise maintain a well-groomed appearance in a manner consistent with the yacht & big game sport fishing industry.

- Use best efforts to make any necessary repairs, if possible, and to protect the safety of the Renter and any guests onboard, the Boat, and any property at risk as a result of such mechanical failure.

- Clean the Inside of the Boat upon completion of the Charter or personal use trip, including, but not limited to: Inside the Cabin, Table Area, Counters, Floors, Forward Stow, Upholstered Cushions, Windows, Bathroom and Toilet.

- Clean the Exterior/ Outside of the Boat upon completion of any Charter or Personal Use Trip, including, but not limited to: Soap and Soft Scrub or “Squeegie” all exterior finish, railings, ladders, fly bridge and windows, hose or fresh water wash down of all soap from the vessel, clean all upholstery and place the upholstery inside the cabin of the vessel.

- Refuel the Boat upon completion of the Charter or personal use trip, as necessary.  CAPTAIN will only purchase fuel utilizing the COMPANY provided credit card or placing the fuel transaction on COMPANY authorized fuel dock account.  For proper record and expense keeping, the CAPTAIN is required to notify OWNER electronically or by phone, within 20 minutes of any fueling transaction.

- Change the Oil and safely dispose of the Engine Oil at the request of COMPANY. Work is usually performed every three hundred (300) Engine Operating Hours.

- Wax and Polish the Hull and Exterior of the Boat at the Request of COMPANY.  Work is usually performed every 3-months.

-Perform any additional associated services and work as reasonably requested by COMPANY.

1.3 Dates and times of service: The Duties to be performed shall commence one (1) hour prior to the scheduled Charter and end upon the completion of the post-trip inspection.

1.4 Cell Phone and Email:  The CAPTAIN is required to provide their own Cell Phone, and maintain a working in service account that includes a Nationwide Phone, Data and Internet Plan.

1.5 Location of service: The Duties will commence and end at a port located in the State of Hawaii, United States of America.

SECTION 2 – COMPENSATION

2.1 Compensation: In consideration of all services to be rendered by CAPTAIN to COMPANY, COMPANY shall pay CAPTAIN the fee set forth on ADDENDUMS A - D incorporated herein, less any possible booking fees or chargebacks.

2.2 “Charter Boat” Compensation Calculation. The compensation shall be calculated by a fixed trip type and duration fee less any booking fees or chargebacks.  Said compensation shall be paid bi-monthly once the COMPANY has received the funds and the charter or personal use trip has been fully completed. Please see the ADDENDUM A herein, for additional information.

2.3  “Charter Boat” Cancellation Compensation: The compensation to the CAPTAIN for any Charter Boat Trip Cancellation shall be as follows:  If cancellation is within 24 - 48 Hours of trips scheduled Date and Time, there will be no compensation provided to the CAPTAIN.  If the cancellation is within 24 Hours of the trips scheduled Date and Time, the CAPTAIN shall receive a $60 Cancellation Compensation Fee from COMPANY.

2.4. “Personal Boat Use” Compensation Calculation: The compensation shall be calculated as a thirty three percent (33%) of the gross commercial value of the entire lot of fish caught, less any booking fees, trip expenses or chargebacks, the cost of fuel, tackle, bait, ice, food and any other trip related expenses. Said compensation shall be paid bi-monthly once the COMPANY has received the sold fish funds and the Personal Use Trip has been fully completed. Please see the ADDENDUM B herein, for additional information.

2.5. “Tournament” Compensation Calculation: The compensation shall be calculated by a fixed trip type and duration fee less any booking fees or chargebacks.  Said compensation shall be paid within 30-days of the COMPANY receiving the daily boat rental fees.  Please see the ADDENDUM C herein, for additional information.

2.6. “Tournament Winnings Bonus” Compensation Calculation:  This compensation is primarily based upon COMPANY pre-negotiated “Winnings Percentage Splits” with the paying Customer. Whatever the pre-negotiated Winning Split is for the COMPANY, and whatever the actual monetary prize value received by COMPANY, CAPTAIN is entitled and shall receive 33% of any Tournament Winnings physically received by the COMPANY.  Said compensation shall be paid within 30-days of the COMPANY receiving both the daily boat rental fees, and the tournament winnings funds from the Customer. Please see the ADDENDUM C herein, for additional information.

2.7. “Dry Dock” Compensation Calculation: The compensation shall be an hourly rate that is pre-negotiated and agreed upon between the CAPTAIN and COMPANY.  Said compensation shall be paid bi-monthly by the COMPANY once all hourly time cards and detailed work order sheets have been submitted to and received by COMPANY fully completed. Please see the ADDENDUM D herein, for additional information.

2.8 Withholding: CAPTAIN is an independent contractor and shall be responsible for payment of his/her own income taxes, social security, worker’s compensation and other relevant taxes regardless of the venue.

2.8 Expenses: CAPTAIN shall not be entitled to reimbursement of any expenses, unless first authorized in writing by the COMPANY.

SECTION 3 – INDEPENDENT CONTRACTOR STATUS

3.1 CAPTAIN acknowledges that he is an independent contractor and is not an agent, partner, joint venture or employee of, Owner or Officer of COMPANY. CAPTAIN shall have no authority to bind or otherwise obligate COMPANY or Owner in any manner, nor shall CAPTAIN represent to anyone that he/she has a right to do so.

3.2 CAPTAIN warrants and represents that he/she is eligible to provide services as an Independent Contractor.

3.3 CAPTAIN shall never be construed to be an agent of employee of the COMPANY or the Owner.

3.4 CAPTAIN has no right to create a lien on the Boat and as further inducement to being utilized by COMPANY specifically waives, releases and forever discharges the Boat from any lien for wages.

SECTION 4 – REPRESENTATIONS AND WARRANTIES OF CAPTAIN

4.1 CAPTAIN warrants and represents that he/she has proper United States Coast Guard credentials to verify his/her qualifications and the licensing necessary to perform the duties of CAPTAIN of the designated Boat for the Charter, and for personal use, and is otherwise fully qualified to perform all duties required by this Agreement in a lawful and proper manner.

4.2 CAPTAIN warrants and represents that he/she is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement existing between CAPTAIN and any third party. During the term of the Agreement, CAPTAIN shall devote as much productive time, energy, and abilities as may be needed and necessary to perform the required duties in a timely and productive manner.

4.3 CAPTAIN warrants and represents having examined the Boat and found it to be in good and seaworthy condition. CAPTAIN agrees to immediately advise Renter if, at any time, CAPTAIN finds any condition on board the Boat to be unsafe.

4.4 CAPTAIN warrants and represents having examined the Boat’s safety equipment and having found this equipment to be adequate, in good condition and readily accessible.

4.5 CAPTAIN warrants and represents he/she will follow the reasonable directives from COMPANY.

4.6 CAPTAIN warrants and represents that under no circumstances will he/she engage in any illegal activity while on board the Boat, nor will CAPTAIN use the Boat for any unlawful purpose.

4.7 CAPTAIN warrants and represents that he/she shall be responsible to Boat and COMPANY for any damage or loss to the Boat caused by CAPTAIN’s negligence.

4.8 CAPTAIN warrants and represents that he/she will personally perform the Duties and he/she will not assign or delegate the Duties.

4.9 CAPTAIN warrants and represents that he/she does not have any physical and/or medical conditions that would affect CAPTAIN’s ability to provide the herein Duties.

5.0 CAPTAIN warrants and represents that he/she will not vary the fee structure set forth in this Agreement and as may be calculated pursuant to the Fee Schedule.

SECTION 5 – INSURANCE

5.1 COMPANY will list the CAPTAIN on COMPANY’s crew coverage or similar type of insurance for the benefit of the CAPTAIN. The CAPTAIN may be listed as an additional insured on any COMPANY-Sourced insurance policy.

5.2 By undertaking the herein Duties, CAPTAIN acknowledges understanding of what insurance coverages are and are not in place.

5.3 CAPTAIN is responsible for any personal or independent contractor business related insurance’s that are not, cannot and will not be provided by COMPANY.

SECTION 6 – CAPTAIN APPROVAL & REGISTRATION

6.1 COMPANY must approve any CAPTAIN before operation of the Boat, and this Agreement is subject to the Owner’s approval of CAPTAIN for the Charter or Personal Use of the Vessel.

6.2 Any CAPTAIN of the Boat must be registered with COMPANY and have willfully agreed and signed all company contracts and agreements required for work.

6.3  All CAPTAIN’S must provide a valid and clear copy of their Drivers License, as well as a Valid and clear copy of their USCG Captains License.

SECTION 7 – INDEMNITY, DEFEND & HOLD-HARMLESS

7.1 CAPTAIN agrees to indemnify, defend, and hold Renter, COMPANY, Owner, and any of their successors, insurers, officers, directors, agents and/or employees as well as the Boat harmless against and from any and all actions, causes of action, claims, demands, costs, liabilities, liens, expenses and damages (including attorney’s fees) arising out of, or in connection with any breach of this Agreement or any acts or omissions of CAPTAIN or Renter in connection with the Boat or Charter or Personal use trip.

7.2 CAPTAIN agrees to indemnify, defend, and hold COMPANY harmless against and from any and all actions, causes of action, claims, demands, costs, liabilities, liens, expenses and damages (including attorney’s fees) arising out of, or in connection with, any breach of this Agreement or any acts or omissions of CAPTAIN.

SECTION 8 — TERMINATION

8.1 All parties acknowledge this Agreement may be terminated by COMPANY or CAPTAIN on the basis of a force majeure event (war, terrorism, Acts of God, etc.) or unforeseen circumstances outside of COMPANY’s or CAPTAIN’s control.

8.2 COMPANY may terminate this Agreement at any time for reasonable cause, including, without limitation, the CAPTAIN’s failure to timely appear for the Charter or properly perform his duties as CAPTAIN, inappropriate conduct toward Renter or any guests or third parties, breach of this Agreement, breach of any applicable policies and/or conduct that places COMPANY, BOAT, Renter or any guests or third parties in danger.
        8.3 In the event of a termination, the CAPTAIN agrees to safely return the Boat and those aboard to the port of departure or to the Port of Redelivery as shown on the Charter Confirmation, and to complete all post-trip requirements.

8.4 In the event of a termination by COMPANY, CAPTAIN shall only receive so much of his/her fee as has been earned as determined by COMPANY as his/her sole remedy. However, the CAPTAIN’s failure to complete post-trip requirements shall result in the CAPTAIN forfeiting his/her fee.

8.5 In the event of a termination by CAPTAIN, COMPANY shall be entitled to damages from CAPTAIN not to exceed the amount of the fee to be paid to the CAPTAIN had the CAPTAIN services been performed.

SECTION 9 – LAW & DISPUTE RESOLUTION

9.1 This Agreement and the rights of the parties hereto shall be governed by and shall be construed in accordance with the general maritime law of the United States with the laws of the State of Hawaii to supplement as legally permissible.

9.2 All claims and disputes of whatsoever nature howsoever arising out of or relating to this Agreement shall be settled by binding arbitration with Arbitration Resolution Services (“ARS”). The parties expressly agree to abide by any, and all rules of ARS as found in their web site at www.arbresolutions.com. Any award issued by ARS may be converted to a judgment by a court of competent jurisdiction.

9.3 COMPANY and CAPTAIN expressly acknowledge that the sole and exclusive venue for any legal action relating to the enforcement or interpretation of the instant arbitration term shall be in Kailua-Kona, Hawaii. COMPANY and CAPTAIN hereby expressly agree, consent and submit to the personal jurisdiction of the State or Federal Courts of Kailua-Kona, Hawaii.

SECTION 10 — MISCELLANEOUS PROVISIONS

10.1 The provisions of this Agreement shall be binding upon and for the benefit of the heirs, personal representative, successors and assigns of the parties.

10.2 Additionally, in the event a suit or arbitration action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, reasonable attorney’s fees at the trial level and on appeal.

10.3 No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

10.4 This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement, other than those identified herein, shall be binding unless executed in writing by all parties.

10.5 If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
        10.6 In the event of any conflict between this Agreement (or any portion thereof) and any other agreement or document identified and incorporated herein, the terms of this Agreement shall prevail.

10.7 Term:  The term of this Agreement shall begin on the _____ day of __________ 201___ and shall end when mutually agreed to unless terminated as provided by this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement this ____ day of ____________, 201____ .

Hawaiian Island Enterprises, LLC

COMPANY						             CAPTAIN

_______________________________		__________________________________
        First and Last Name					 First and Last Name

_______________________________		__________________________________
        Signature							         Signature

_______________________________		__________________________________
        Date						                Date

Addendum A

“Charter Boat” Compensation Calculation:
        The Duties to be performed shall commence one (1) hour prior to the scheduled Charter and end upon the completion of the post-trip inspection.
        4 Hour Trip = $120
        6 Hour Trip = $140
        8 Hour Trip = $160
        10 Hour Trip= $180
        24 Hour Trip= $300
        CAPTAIN also is entitled to 50% of any customer gratuity

On any Private Charter Boat Trip, if the customer provides a Gratuity (“tip”) in the form of “Cash”, then the CAPTAIN is required to include this amount in his/ her post trip report to the COMPANY, and then split the funds evenly between the CAPTAIN and the Crew Member on the trip.  If the tip is provided by way of credit or debit card, then the company will compensate the CAPTAIN with 50% of the tip money paid by the customer.

CAPTAIN also is entitled to 30% of any Fish Mount Sold during the Trip

On any Private Charter Boat Trip, if the customer decides to purchase a Fish Mount while on the Boat and during the fishing trip, then the CAPTAIN is required to include this fish mount detail and the deposit amount in his/ her post trip report to the COMPANY.  CAPTAIN will be compensated with 30% of the company deposit money received from the Customers Ordered Fish Mount.

CAPTAIN also is entitled to 20% of any Media Sold during or after the Trip

On any Private Charter Boat Trip, if the customer decides to purchase any media (Image or video) while on the Boat or after the completion of the trip, then the CAPTAIN is required to include this detail and the amount in his/ her post trip report to the COMPANY.  CAPTAIN will be compensated with 20% of the Company profits received from the Customers Purchased Media.

CAPTAIN also not entitled to any Revenues from Merchandise Sales

On any Private Charter Boat Trip, if the customer decides to purchase any Merchandise from Hustler Sportfishing or Hawaiian Island Enterprises, the CAPTAIN and the DECK HAND are not entitled to any of the revenues or profits therefrom.

Addendum B

“Commercial Fishing” Compensation Calculation:
        The Duties to be performed shall commence one (1) hour prior to the Commercial Use of Vessel and end upon the completion of the post-trip inspection.

Commercial Use compensation shall be calculated as a percentage the gross commercial value of any of the fish that were caught, less any booking fees or chargebacks, and less the cost of fuel, sales tax, tackle, bait, ice, food and any other trip related expenses. The CAPTAIN is utilizing the vessel for Authorized Commercial Use and is not guaranteed or has any right to claim any services compensation on commercial use trips.

Example:  8 Hour “Personal Use” Fishing Trip

Blue Marlin	@ $2.00 per pound	X 400 lbs    = $800
        Spearfish	@ $4.00 per pound	X 60   lbs   = $240

Fish Value      = $1040
        Tax (4.14%)   = ($43.06)
        Fuel               = ($140)
        Ice		      = ($35)
        Tackle	      = ($20)
        Bait		      = ($0)
        Other 	      = ($5)

Balance	      = $796.94
        Captain         = $239.08  (30% of Net)

Addendum C

“Tournament” Compensation Calculation:
        The compensation shall be calculated by the ADDENDUM A fixed charter trip and duration fees less any chargebacks.  Said compensation shall be paid bi-monthly once the COMPANY has received the funds and the charter has been fully completed.

“Tournament Winnings Bonus” Compensation Calculation:
        CAPTAIN shall receive normal ADDENDUM A Charter Boat Compensation, as well as the 50% of any Tip Money provided, as well as the “Tournament Bonus” Compensation for any tournaments where his / her services are required.  Bonus compensation is primarily based upon COMPANY pre-negotiated “Winnings Percentage Splits” with the paying Customer. Whatever the pre-negotiated Winning Split is for the “Boat”, and whatever the actual monetary prize value received by the BOAT, CAPTAIN is entitled and shall receive 25% of any Tournament “BOAT” Winnings.  The Deckhand is entitled to and shall receive 25% of the “Boat” Winnings” and the Boat Owner is entitled to and shall receive the remaining 50% of Tournament “Boat” Winnings.  Said compensation shall be paid within 30-days of the COMPANY receiving both the daily charter funds, and the tournament “Boat” winnings funds from the Customer and/or the Tournament Operator.

Boat Winnings are not Company Winnings:
        Company Winnings are not Boat Winnings, as the Company or Boat Owner can be the paying customer (angler) for the Tournament Winnings in some situations.  Therefore, it must be made clear, that the COMPANY or Boat owner is the Registered and Paying Customer, then the COMPANY and/or Boat Owner is entitled to all of the agreed to ANGLER Tournament Winnings Percentages.

Addendum D

“Dry Dock” Compensation Calculation:
        The compensation shall be an hourly rate that is pre-negotiated and agreed upon between the CAPTAIN and COMPANY.  Said compensation shall be paid bi-monthly by the COMPANY once all hourly time cards and work order sheets have been submitted to and received by COMPANY.

Captains Agreement

Yes No

Deckhand Agreement

HAWAIIAN ISLAND ENTERPRISES, LLC

BOAT CAPTAIN SERVICE AGREEMENT

Independent Contractor

THIS AGREEMENT is made into by and between HAWAIIAN ISLAND ENTERPRISES, LLC a Hawaiian Limited Liability Corporation whose address is 73-4660 Mamalahoa Hwy. Kailua-Kona, HI. 96740. (“COMPANY”) and whose address is (“AGENT or DECKHAND”) and whose Federal Employee Identification Number or Social Security Number is _______________.

FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, COMPANY agrees to utilize DECKHAND, and DECKHAND agrees to work for COMPANY under the terms and conditions hereby agreed upon by the parties in connection with the Charter or Personal Use of the vessel(s) named “The Hustler” (Boat or Vessel) and all its machinery, sails, generators, electronics, contents and appurtenances.

SECTON 1 – WORK TO BE PERFORMED

1.1 Term: COMPANY agrees to utilize DECKHAND, on a part time, on again off again schedule, to perform the services and work (“Duties”) as stated in section 1.3 of this Agreement.

1.2 USCG Periodic Random Drug Testing:  The United States Coast Guard requires that all licensed charter boat operators have a Drug Monitoring and Enforcement Policy implemented within the company that requires periodic random drug testing of all COMPANY utilized boat CREW Members. That includes CAPTAINS and DECKHANDS.  Therefore, DECKHAHND will be required to submit to COMPANY mandated periodic random drug testing.

1.3 Duties: DECKHAND agrees to perform the following Duties for COMPANY and in satisfaction of COMPANY obligations as set out in the Terms of Service, the Charter Agreement and the COMPANY Policies and Procedures, all of which are incorporated herein, and which Duties shall include, but are not limited to, the following:

- Set up the boat and all fishing gear prior to departure of any Charter or Personal Use Trip.

- Report promptly to CAPTAIN any deficiencies in the Boat which causes concerns for the safety of any charter boat customer, passengers, crew or property, including the Boat, property of the COMPANY, Owner and/or Renter, and any third-party property.

- Conduct him or herself in a safe and legal manner exhibiting seamanlike conduct at all times.

- Comply with all relevant laws applicable to the performance of the Duties and the operation of the Boat as well as any equipment used in the performance of the Duties.

-Take reasonable and prudent actions as deemed necessary by the CAPTAIN to protect and preserve the safety of persons and property.

- Comply with reasonable directions and instructions in relation to the performance of the Duties.

- DECKHAND is not permitted to wear as work attire or bring on board the vessel any offending, aggressive, rude, illegal, political or vulgar in nature apparel, hats, merchandise, items or paraphernalia. DECKHAND must present, dress and otherwise maintain a well-groomed appearance in a manner consistent with the yacht & big game sport fishing industry.  That means also dressing appropriate and in a manner that is safe for all work-related duties.

- Use best efforts to suggest to the CAPTAIN any necessary aesthetic and mechanical repairs, and to protect the safety of the Renter and any guests onboard the Boat, and any property at risk as a result of such mechanical failure.

- Refuel the Boat upon completion of the Charter or personal use trip, as necessary.

- Change the Oil and safely dispose of the Engine Oil at the request of CAPTAIN or COMPANY. Work is usually performed every three hundred (300) Engine Operating Hours.

- Wax and Polish the Hull and Exterior of the Boat at the Request of CAPTAIN or COMPANY.  Work is usually performed every 3-months.

- Perform additional associated services and work as reasonably requested by COMPANY.

1.3 Dates and times of service: The Duties to be performed shall commence one (1) hour prior to the scheduled Charter and end upon the completion of DECKHANDS post trip duties.

1.4 Cell Phone and Email:  The DECKHAND is required to provide their own Cell Phone, and maintain a working in service account that includes a Nationwide Phone, Data and Internet Plan.

1.5 Location of service. The Duties will commence and end at a port located in the State of    Hawaii, United States of America.

SECTION 2 – COMPENSATION

2.1 Compensation. In consideration of all services to be rendered by DECKHAND to COMPANY, COMPANY shall pay DECKHAND the fee set forth on ADDENDUMS A - D incorporated herein, less any possible booking fees or chargebacks.

2.3  “Charter Boat” Cancellation Compensation. The compensation to the DECKHAND for any Charter Boat Trip Cancellation shall be as follows:  If cancellation is within 24 - 48 Hours of trips scheduled Date and Time, there will be no compensation provided to the CAPTAIN.  If the cancellation is within 24 Hours of the trips scheduled Date and Time, the CAPTAIN shall receive a $30 Cancellation Compensation Fee from COMPANY.

2.4. “Personal Boat Use” Compensation Calculation. The compensation shall be calculated as a thirty three percent (33%) of the gross commercial value of the entire lot of fish caught, less any booking fees, trip expenses or chargebacks, the cost of fuel, tackle, bait, ice, food and any other trip related expenses.  Said compensation shall be paid bi-monthly once the COMPANY has received the sold fish funds and the Personal Use Trip has been fully completed. Please see the ADDENDUM B herein, for additional information.

2.5. “Tournament” Compensation Calculation. The compensation shall be calculated by a fixed trip type and duration fee less any booking fees or chargebacks.  Said compensation shall be paid within 30-days of the COMPANY receiving the daily boat rental fees.  Please see the ADDENDUM C herein, for additional information.

2.6. “Tournament Winnings Bonus” Compensation Calculation.  This compensation is primarily based upon COMPANY pre-negotiated “Winnings Percentage Splits” with the paying Customer. Whatever the pre-negotiated Winning Split is for the “Boat”, and whatever the actual monetary prize value received by “Boat”, DECKHAND is entitled and shall receive 33% of any Tournament Winnings physically received by the Boat.  Said compensation shall be paid within 30-days of the COMPANY receiving both the daily boat rental fees, and the tournament winnings funds from the Customer. Please see the ADDENDUM C herein, for additional information.

2.7. “Dry Dock” Compensation Calculation. The compensation shall be an hourly rate that is pre-negotiated and agreed upon between the DECKHAND and COMPANY.  Said compensation shall be paid bi-monthly by the COMPANY once all hourly time cards and detailed work order sheets have been submitted to and received by COMPANY fully completed. Please see the ADDENDUM D herein, for additional information.

2.8 Withholding. DECKHAND is an independent contractor and shall be responsible for payment of his/her own income taxes, social security, worker’s compensation and other relevant taxes regardless of the venue.

2.8 Expenses. DECKHAND shall not be entitled to reimbursement of any expenses, unless first authorized in writing by the COMPANY.

SECTION 3 – INDEPENDENT CONTRACTOR STATUS

3.1 DECKHAND acknowledges that he is an independent contractor and is not an agent, partner, joint venture or employee of, Owner or Officer of COMPANY. DECKHAND shall have no authority to bind or otherwise obligate COMPANY or Owner in any manner, nor shall DECKHAND represent to anyone that he/she has a right to do so.

3.2 DECKHAND warrants and represents that he/she is eligible to provide services as an Independent Contractor.

3.3 DECKHAND shall never be construed to be an agent of employee of the COMPANY or the Owner.

3.4 DECKHAND has no right to create a lien on the Boat and as further inducement to being utilized by COMPANY specifically waives, releases and forever discharges the Boat from any lien for wages.

SECTION 4 – REPRESENTATIONS AND WARRANTIES OF DECKHAND

4.1 DECKHAND warrants and represents that he/she is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement existing between DECKHAND and any third party. During the term of the Agreement, DECKHAND shall devote as much productive time, energy, and abilities as may be needed and necessary to perform the required duties in a timely and productive manner.

4.2 DECKHAND warrants and represents having examined the Boat and found it to be in good and seaworthy condition. DECKHAND agrees to immediately advise CAPTAIN, at any time, DECKHAND finds any condition on board the Boat to be unsafe.

4.3 DECKHAND warrants and represents having examined the Boat’s safety equipment and having found this equipment to be adequate, in good condition and readily accessible.

4.4 DECKHAND warrants and represents he/she will follow the reasonable directives from COMPANY or CAPTAIN.

4.5 DECKHAND warrants and represents that under no circumstances will he/she engage in any illegal activity while on board the Boat, nor will DECKHAND use the Boat for any unlawful purpose.

4.6 DECKHAND warrants and represents that he/she shall be responsible to Boat and COMPANY for any damage or loss to the Boat caused by DEKCHAND’s negligence.

4.7 DECKHAND warrants and represents that he/she will personally perform the Duties and he/she will not assign or delegate the Duties.

4.8 DECKHANDwarrants and represents that he/she does not have any physical and/or medical conditions that would affect DECKHAND’S ability to provide the herein Duties.

4.9 DECKHAND warrants and represents that he/she will not vary the fee structure set forth in this Agreement and as may be calculated pursuant to the Fee Schedule.

SECTION 5 – INSURANCE

5.1 COMPANY will list the DECKHAND on COMPANY’s crew coverage or similar type of insurance for the benefit of the DECKHAND. The DECKHAND may be listed as an additional insured on any COMPANY-Sourced insurance policy.

5.2 By undertaking the herein Duties, DECKHAND acknowledges understanding of what insurance coverages are and are not in place.
        5.3 DECKHAND is responsible for any personal or independent contractor business related insurance’s that are not, cannot and will not be provided by COMPANY.

SECTION 6 – DECKHAND APPROVAL & REGISTRATION

6.1 COMPANY must approve any DECKHAND before operation of the Boat, and this Agreement is subject to the Owner’s approval of DECKHAND for the Charter or Personal Use of the Vessel.

6.2 Any DECKHAND of the Boat must be registered with COMPANY and have willfully agreed and signed all company contracts and agreements required for work.

6.3  All DECKHAND must provide a valid and clear copy of their Drivers License.

SECTION 7 – INDEMNITY, DEFEND & HOLD-HARMLESS

7.1 DECKHAND agrees to indemnify, defend, and hold Renter, COMPANY, Owner, and any of their successors, insurers, officers, directors, agents and/or employees as well as the Boat harmless against and from any and all actions, causes of action, claims, demands, costs, liabilities, liens, expenses and damages (including attorney’s fees) arising out of, or in connection with any breach of this Agreement or any acts or omissions of DECKHAND or Renter in connection with the Boat or Charter or Personal use trip.

7.2 DECKHAND agrees to indemnify, defend, and hold COMPANY harmless against and from any and all actions, causes of action, claims, demands, costs, liabilities, liens, expenses and damages (including attorney’s fees) arising out of, or in connection with, any breach of this Agreement or any acts or omissions of DECKHAND.

SECTION 8 — TERMINATION

8.1 All parties acknowledge this Agreement may be terminated by COMPANY or DECKHAND on the basis of a force majeure event (war, terrorism, Acts of God, etc.) or unforeseen circumstances outside of COMPANY’s or DECKHAND’s control.

8.2 COMPANY may terminate this Agreement at any time for reasonable cause, including, without limitation, the DECKHANDs failure to timely appear for the Charter or properly perform his duties as DECKHAND, inappropriate conduct toward Renter or any guests or third parties, breach of this Agreement, breach of any applicable policies and/or conduct that places COMPANY, BOAT, Renter or any guests or third parties in danger.

8.3 In the event of a termination, the DECKHAND agrees to safely return the Boat and those aboard to the port of departure or to the Port of Redelivery as shown on the Charter Confirmation, and to complete all post-trip requirements.

8.4 In the event of a termination by COMPANY, DECKHAND shall only receive so much of his/her fee as has been earned as determined by COMPANY as his/her sole remedy. However, the DECKHAND’s failure to complete post-trip requirements shall result in the DECKHAND forfeiting his/her fee.

8.5 In the event of a termination by DECKHAND, COMPANY shall be entitled to damages from DECKHAND not to exceed the amount of the fee to be paid to the DECKHAND had the DECKHAND services been performed.

SECTION 9 – LAW & DISPUTE RESOLUTION

9.3 COMPANY and DECKHAND expressly acknowledge that the sole and exclusive venue for any legal action relating to the enforcement or interpretation of the instant arbitration term shall be in Kailua-Kona, Hawaii. COMPANY and DECKHAND hereby expressly agree, consent and submit to the personal jurisdiction of the State or Federal Courts of Kailua-Kona, Hawaii.

SECTION 10 — MISCELLANEOUS PROVISIONS

10.1 The provisions of this Agreement shall be binding upon and for the benefit of the heirs, personal representative, successors and assigns of the parties.

10.6 In the event of any conflict between this Agreement (or any portion thereof) and any other agreement or document identified and incorporated herein, the terms of this Agreement shall prevail.

10.7 Term.  The term of this Agreement shall begin on the _____ day of __________ 201___ and shall end when mutually agreed to unless terminated as provided by this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement this ____ day of ____________, 201____ .

Hawaiian Island Enterprises, LLC

COMPANY						        DECKHAND

_______________________________		__________________________________
        First and Last Name					First and Last Name

_______________________________		__________________________________
        Signature						                 Signature

_______________________________		__________________________________
        Date							          Date

Addendum A

“Charter Boat” Compensation Calculation:
        The Duties to be performed shall commence one (1) hour prior to the scheduled Charter and end upon the completion of the post-trip inspection.
        4 Hour Trip	= $80
        6 Hour Trip	= $100
        8 Hour Trip = $115
        10 Hour Trip= $130
        24 Hour Trip= $225

DECK HAND also is entitled to 50% of any customer gratuity

On any Private Charter Boat Trip, if the customer provides a Gratuity (“tip”) in the form of “Cash”, then the CAPTAIN is required to include this amount in his/ her post trip report to the COMPANY, and then split the funds evenly between the CAPTAIN and the DECKHAND on the trip.  If the tip is provided by way of credit or debit card, then the company will compensate the DECKHAND with 50% of the tip money paid by the customer.

DECKHAND also is entitled to 30% of any Fish Mount Sold during the Trip

On any Private Charter Boat Trip, if the customer decides to purchase a Fish Mount while on the Boat and during the fishing trip, then the CAPTAIN is required to include this fish mount detail and the deposit amount in his/ her post trip report to the COMPANY.  DECK HAND will be compensated with 30% of the company deposit money received from the Customers Ordered Fish Mount.

DECKHAND also is entitled to 20% of any Media Sold during or after the Trip

On any Private Charter Boat Trip, if the customer decides to purchase any media (Image or video) while on the Boat or after the completion of the trip, then the CAPTAIN is required to include this detail and the amount in his/ her post trip report to the COMPANY.  DECK HAND will be compensated with 20% of the Company profits received from the Customers Purchased Media.

DECKHAND also not entitled to any Revenues from Merchandise Sales

Addendum B

Commercial Use compensation shall be calculated as a percentage the gross commercial value of any of the fish that were caught, less any booking fees or chargebacks, and less the cost of fuel, sales tax, tackle, bait, ice, food and any other trip related expenses. The DECK HAND is utilizing the vessel for Authorized Commercial Use and is not guaranteed or has any right to claim any services compensation on commercial use trips.

Example:  8 Hour “Personal Use” Fishing Trip

Blue Marlin	@ $2.00 per pound	X 400 lbs    = $800
        Spearfish	@ $4.00 per pound	X 60   lbs   = $240

Balance	      = $796.94
        Captain         = $239.08  (30% of Net)

Addendum C

“Tournament Winnings Bonus” Compensation Calculation:
        DECKHAND shall receive normal ADDENDUM A Charter Boat Compensation, as well as the 50% of any Tip Money provided, as well as the “Tournament Bonus” Compensation for any tournaments where his / her services are required.  Bonus compensation is primarily based upon COMPANY pre-negotiated “Winnings Percentage Splits” with the paying Customer. Whatever the pre-negotiated Winning Split is for the “Boat”, and whatever the actual monetary prize value received by the BOAT, CAPTAIN is entitled and shall receive 25% of any Tournament “BOAT” Winnings.  The DECKHAND is entitled to and shall receive 25% of the “Boat” Winnings” and the Boat Owner is entitled to and shall receive the remaining 50% of Tournament “Boat” Winnings.  Said compensation shall be paid within 30-days of the COMPANY receiving both the daily charter funds, and the tournament “Boat” winnings funds from the Customer and/or the Tournament Operator.

Boat Winnings are not Company Winnings:
        COMPANY Winnings are not Boat Winnings, as the COMPANY or Boat Owner can be the paying customer (angler) for the Tournament and Charter Boat Costs in some situations.  Therefore, it must be made clear, that if the COMPANY and/ or Boat owner is the Registered and Paying Customer, then the COMPANY and/or Boat Owner is entitled to ALL of the agreed to ANGLER Tournament Winnings Percentages.

Addendum D

“Dry Dock” Compensation Calculation:
        The compensation shall be an hourly rate that is pre-negotiated and agreed upon between the DECKHAND and COMPANY.  Said compensation shall be paid bi-monthly by the COMPANY once all hourly time cards and work order sheets have been submitted to and received by COMPANY.

Crew Agreement

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Legendary Hawaiian Sportfishing
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75-5743 Alahou St. Suite 203
Kailua-Kona, HI. 96740

808.369.9818

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Monday - Sunday : 6am to 8pm