Terms of Service

Big Shark Little Shark, LLC — Mooring • Diving • Captain Services
Effective Date: January 1, 2026
Contact: info@bigsharklittleshark.com 603-834-5298

1) Who We Are & What These Terms Cover

These Terms of Service (“Terms”) govern your access to and use of services provided by Big Shark Little Shark, LLC  (the “Company,” “we,” “us,” “our”), including but not limited to:

• Mooring services (inspection, maintenance, tackle replacement)
• Diving services (underwater inspection, line clearance, prop/hull checks, zincs/anodes, light salvage where lawful)
• Captain/charter services (operated trips, towing/assists within scope of licensure, instruction, deliveries, sea trials)
• Our website, invoicing and payment pages (including Venmo, Zoho, or other processors), email/text communications, and on‑site/afloat activities.

By booking or using our services, you agree to these Terms.

2) Eligibility & Customer Responsibilities

• Authority: You state that you are the vessel owner or have written authority from the owner to request services.
• Accurate Information: You agree to provide accurate vessel information (LOA, draft, displacement, propulsion, location, mooring ID, charts/permits where applicable).
• Access: You will ensure safe access to the vessel and mooring field and remove obstructions that would prevent work (e.g., locked hatches, pets, personal items, dinghy access).
• Compliance: You are responsible for permits/authorizations required by harbormasters, marinas, HOA/condo docks, or other authorities for the requested work.
• Point of Contact: You must be reachable during the service window by phone/text.

3) Safety Rules (On the Water & Dockside)

• Weather & Conditions: We may delay, modify, or cancel any job for weather, sea state, visibility, currents, traffic, debris, or any condition we judge unsafe.
• Crew Direction: You agree to follow the captain/diver’s instructions at all times. We may refuse service to anyone we deem impaired, disorderly, or non‑compliant.
• Alcohol & Drugs: No illegal drugs. Alcohol is prohibited during diving operations and before/while underway unless expressly permitted by the captain and local law.
• Life Jackets: When underway, USCG‑approved PFDs are required per federal/state/local rules.
• Restricted Areas: You agree not to enter the water unless expressly instructed.

4) Assumption of Risk & Acknowledgment of Hazards

Marine activities involve inherent risks including but not limited to slips/falls, lines under tension, pinch points, sharp gear, propellers, changing seas/tides, submerged hazards, and equipment failure. You knowingly and voluntarily accept these risks for yourself and your guests and agree to act with reasonable care.

5) Services Scope & Limitations

• Mooring Work: Inspection observations are condition-at-time-of-service. Submerged components can be obscured by turbidity, growth, or burial. Unless specifically contracted, we are not certifying the mooring for any load, storm, or insurance requirement.
• Diving Work: We do not guarantee removal of all fouling/lines where doing so would be unsafe or risk damage. We won’t operate in prohibited zones or disturb protected habitats.
• Captain Services: Passenger count, route, speed, and operations are at the captain’s sole discretion, subject to USCG, state, and local regulations and weather.
• Third Parties: We may use qualified subcontractors/assist vessels.
• No Structural/Survey Certification: Our services are not a marine survey or structural certification.

6) Quotes, Scheduling, Cancellations

• Quotes/Estimates: Based on information you provide and typical conditions. Final billing may change due to time & materials, unforeseen complexity, or added tasks you approve.
• Scheduling: We provide service windows (date/time ranges) based on tides, visibility, staff, and weather.
• Your Cancellations:
  • >48 hours before window: no charge.
  • 24–48 hours: minimum call‑out fee $50.
  • <24 hours or no‑show/unprepared vessel: $100 or 20% of the estimate (whichever is greater) plus any travel.
• Our Cancellations: We may cancel for safety or operational reasons; we’ll reschedule or refund any prepayment for the canceled portion.

7) Pricing & Payment

• Rates: Posted or quoted hourly and/or fixed‑price. After‑hours, emergency, heavy fouling, and specialized equipment (lift bags, underwater cutting tools, additional crew/assist boat) may incur surcharges.
• Payment Methods: We accept Venmo, and all methods accepted at our Zoho billing site, and other methods noted on our invoices/website. Card processor fees may apply if disclosed on your invoice.
• Due Dates: Payment is due upon completion unless otherwise stated. Late balances accrue 10% per month (or the maximum allowed by law).
• Chargebacks/Disputes: Contact us first—we’ll investigate in good faith. Unauthorized chargebacks may incur dispute and collection costs.

8) Damage, Warranty, & Remedies

• Care & Skill: We will perform services with reasonable care and skill customary in the local marine trade.
• Pre‑Existing Conditions: We are not liable for latent, hidden, or pre‑existing defects (e.g., chafed pennants, corroded shackles, fatigued chain, brittle hoses, galvanic damage, delamination, or prior improper installations).
• Limited Warranty: For work we install, our warranty is 90 days against defects in workmanship only (not normal wear, storm, misuse, or third‑party alterations). Your exclusive remedy is rework or refund of the original labor amount at our discretion.
• Consequential Damages: To the fullest extent allowed by law, we are not liable for indirect, special, incidental, or consequential damages (loss of use, downtime, charters missed, haul‑outs, tow fees, etc.).

9) Customer‑Supplied Parts & Instructions

If you supply parts or specify methods, you accept responsibility for suitability and compatibility. Our responsibility is limited to reasonable installation. We may refuse to install parts we judge unsafe or non‑marine‑grade.

10) Insurance & Risk Allocation

We maintain maritime liability and P&I if applicable. You agree to maintain adequate hull and liability insurance for your vessel. For storm prep, mooring loads, and unattended vessels, you acknowledge no mooring can guarantee survival in severe weather.

11) Indemnification

You agree to defend, indemnify, and hold harmless the Company, its owners, captains, divers, employees, and contractors from claims, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your negligence or willful misconduct; (c) your failure to provide accurate information or lawful authorization; or (d) claims by your guests or invitees, except to the extent caused by our gross negligence or willful misconduct.

12) Photos, Video, & Communications

We may document work (photos/video) for records and quality control. We will not publish identifiable media of your vessel without your consent, except to demonstrate findings to you, your marina/harbormaster (as required), or your insurer.

13) Privacy & Payments

• We collect basic contact details you provide (name, email, phone) to schedule jobs and communicate.
• Payment processing is handled by third‑party providers (e.g., Venmo, Zoho). We do not store your full card/bank data.
• See our Privacy Policy for details.

14) Compliance with Laws & Authorities

We operate subject to applicable USCG rules, state/local boating laws, harbormaster regulations, and marina policies. If an authority requires alteration or cessation of work, we will comply and invoice for time/materials up to that point.

15) Force Majeure

We are not liable for delay or failure to perform due to events beyond our reasonable control (weather, storms, flood, acts of God, strikes, supply issues, government orders, illness/injury, equipment failure despite maintenance).

16) Disputes; Venue; Governing Law

These Terms are governed by the laws of the State of New Hampshire, without regard to conflicts rules. Venue for any permitted court action is Strafford County, New Hampshire. Before filing, the parties will attempt good‑faith resolution. You agree to small‑claims court or mediation for disputes under $1000 where available. Jury trial waiver to the extent permitted by law.

(If you prefer arbitration, replace the paragraph above with an arbitration clause—happy to draft that.)

17) Severability; No Waiver

If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver.

18) Changes to These Terms

We may update these Terms periodically. The current version will be posted on our website with an updated Effective Date. Continued use of services is acceptance of the updated Terms.

19) Contact

Big Shark Little Shark, LLC
Email: info@bigsharklittleshark.com
Phone: 603-834-5298
Mailing Address: 20 Roosevelt Avenue, Dover, NH  03820