Master Operator Agreement
Last updated: July 2 2026
Master Operator Agreement
Effective as of July 21, 2026
This Master Operator Agreement (the "Agreement") is between BellaExports, LLC, a Florida limited liability company doing business as "Jet Ski Rentals of Miami" ("Platform," "we," or "us"), and the operator identified on the signature page (the "Operator" or "you"). By signing the Operator Onboarding Schedule (Exhibit A) or by listing any Service through Platform, you agree to this Agreement.
1. The service
1.1 What Platform does. Platform operates an online booking platform at jetskisrentalmiami.com and related properties (the "Site") that lets consumers ("Customers") discover and book recreational rentals, charters, tours, and similar experiences ("Services") offered by independent third-party operators.
1.2 What Platform is not. Platform is not an operator, livery, charter operator, tour operator, vessel owner, vehicle owner, captain, guide, instructor, or insurer of any Service. Platform does not employ, supervise, train, or direct any of Operator's personnel. Operator provides each Service exclusively on Operator's own behalf.
1.3 Independent contractor. Operator is an independent contractor. Nothing in this Agreement creates an agency, partnership, joint venture, employment, or fiduciary relationship. Platform is not Operator's payment agent and does not collect, hold, or remit any portion of Operator's Service price or any tax on Operator's behalf.
1.4 Operator is merchant of record. Operator is the merchant of record and seller for each Service. Platform charges Customer a separate Booking Fee for Platform's own marketing and booking services. Platform is not a "marketplace provider" under Fla. Stat. § 212.05965 with respect to Operator's Services.
2. Eligibility and onboarding
2.1 Eligibility. Operator must be a duly organized legal entity in good standing, with full authority to sign and perform this Agreement and to provide the Services it lists on the Site under all applicable laws.
2.2 Onboarding information. Operator will provide all information Platform reasonably requests to identify Operator and its ultimate beneficial owners, comply with anti-money-laundering and sanctions laws, file IRS Form 1099-K (or successor forms), and onboard Operator with Platform's payment processor (currently Stripe). Operator will keep the information current and notify Platform of changes within seven (7) days.
2.3 Onboarding documents. At onboarding, Operator will furnish (a) IRS Form W-9 (or W-8 if applicable), (b) the Operator Onboarding Schedule (Exhibit A), (c) proof of any permit, license, or registration required by law for Operator's activity (including FWC Livery Operator Permit under Fla. Stat. § 327.54 for personal watercraft rental operators), (d) a Certificate of Insurance evidencing the coverage required under Section 8, and (e) any additional information Platform's payment processor requires. Listings will not be activated until onboarding is complete.
3. Operator's obligations
3.1 Compliance with all applicable laws. Operator will deliver every Service under all federal, state, local, and foreign laws, regulations, ordinances, and licensing requirements that apply to Operator's business and category of Service, including: (a) livery and rental-operator rules under Fla. Stat. Chapter 327, including without limitation Fla. Stat. § 327.54 (personal watercraft livery permit and minimum insurance) and Fla. Stat. § 327.39 (age restrictions for PWC rental); (b) Fla. Stat. § 327.395 (Florida Boating Safety Education ID Card requirement); (c) USCG vessel and crew rules under 46 CFR, including where applicable Subchapter T inspection and Part 11 captain licensing; (d) motor vehicle and off-highway vehicle laws; (e) occupational safety laws; (f) all applicable tax laws; and (g) consumer protection laws including the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq.
3.2 Operational standards. Operator will follow Platform's then-current Operator Handbook, which Platform posts on the Site and may update from time to time. The Operator Handbook provides operational expectations by category but is policy, not a contractual covenant. Operator's binding obligation is compliance with applicable law under Section 3.1.
3.3 Listings and pricing. Operator is solely responsible for the accuracy of all listings, including descriptions, photos, locations, availability, pricing, and capabilities. Operator warrants that all listings are accurate and not misleading.
3.4 Personnel. Captains, guides, instructors, dockhands, drivers, and other Operator personnel are Operator's employees or independent contractors, not Platform's. Operator is solely responsible for their wages, taxes, qualifications, workers' compensation, and statutory benefits.
3.5 Equipment. Operator owns, leases, or otherwise lawfully controls all vessels, vehicles, and equipment used in its Services and maintains them under manufacturer guidelines and applicable law.
3.6 Customer interactions and meeting point. Operator is responsible for all Customer interactions related to a Service, including pre-Service communication, pre-Service safety briefing, delivery of the Service, and any post-Service follow-up. Operator will respond to Customer messages within twenty-four (24) hours. Operator will accurately post the meeting point (whether a dock slip, beach access, marina, trailhead, or other location) so the Customer can find Operator at the scheduled time.
3.7 Age verification for jet ski rentals. For personal watercraft (jet ski) rentals, Operator will verify at pickup that (a) the renter is at least eighteen (18) years old, as required by Fla. Stat. § 327.39; and (b) any person operating the watercraft who was born on or after January 1, 1988 holds a valid Florida Boating Safety Education ID Card or an accepted equivalent, as required by Fla. Stat. § 327.395.
3.8 Direct solicitation prohibited. Operator will not contact, market to, or solicit Customers introduced through the Site outside the Site, except to fulfill a booking, without Platform's written consent.
4. Pricing, Booking Fee, and payments
4.1 Operator Rate. Operator sets the price for each Service (the "Operator Rate"). Operator collects the Operator Rate plus all applicable taxes directly from the Customer at the time the Service is rendered. Platform does not collect, transmit, or guarantee payment of the Operator Rate.
4.2 Booking Fee. Customer pays Platform a non-refundable booking fee (the "Booking Fee") at the time of booking. The Booking Fee is consideration for Platform's separate marketing and booking-platform services and is not part of the Operator Rate. Platform retains the entire Booking Fee. The Booking Fee amount is set forth in Exhibit A.
4.3 Customer disclosure. Before Customer completes a booking, Platform will display the Operator Rate, the Booking Fee, and a notice that applicable tax is collected by Operator at the time of Service.
4.4 Operator tax. Operator is solely responsible for determining, collecting, reporting, and remitting all federal, state, and local taxes applicable to its Services, including Florida sales tax (currently 6%) and Miami-Dade discretionary surtax (currently 1%). Operator will collect and remit these amounts directly from Customer at the meeting point. Platform is not Operator's tax advisor, and nothing in this Agreement is tax advice.
4.5 Platform tax. Platform determines and is responsible for the tax treatment of its Booking Fee. This is each Party's separate matter.
5. Request to book, cancellations, and refunds
5.1 Booking confirmation mode. Operator selects, in Exhibit A or in the Platform admin interface, whether each listing operates in Instant Book mode or Request to Book mode. Operator may change modes per listing on written notice to Platform.
(a) Instant Book. If a listing is in Instant Book mode, Operator pre-authorizes the availability calendar. A Customer's booking is confirmed at checkout and the slot is locked on Operator's calendar immediately. Operator is bound to perform any confirmed Instant Book reservation under the same standards as any other confirmed booking under this Agreement.
(b) Request to Book. If a listing is in Request to Book mode, each booking submitted by a Customer is a request that requires Operator's acceptance. Operator must accept, decline, or counter-propose within twenty-four (24) hours, or such shorter period as the Service start time requires. If Operator does not respond within the response window, the booking is automatically declined and Platform refunds the Booking Fee in full. If Operator counter-proposes, the booking is confirmed only on Customer's affirmative acceptance of the counter.
(c) Once confirmed. Once a booking is confirmed under either mode, Sections 5.2 through 5.6 govern cancellations and refunds.
5.2 Customer cancellation more than 24 hours before start. Platform refunds the Booking Fee in full.
5.3 Customer cancellation 24 hours or less before start; Customer no-show. Platform retains the Booking Fee. Operator may charge a late-cancellation or no-show fee directly to Customer under Operator's own posted policies. Operator bears the risk of no-show on the Operator Rate.
5.4 Operator cancellation, late arrival, or no-show. Platform refunds the Booking Fee to Customer in full and invoices Operator thirty dollars ($30) per missed booking as liquidated damages for Platform's lost Booking Fee and customer-service cost. The Parties agree that actual damages are impractical to estimate and $30 is a reasonable forecast. Unpaid invoices are due net-15 and bear simple interest at 1% per month until paid. Repeated Operator no-shows are grounds for delisting under Section 9.
5.5 Force majeure and unsafe conditions. If weather, governmental order, USCG advisory, equipment failure, or other circumstances beyond Operator's reasonable control make the Service unsafe or impossible, Operator must promptly notify Platform. Platform refunds the Booking Fee, and no liquidated damages apply to Operator.
5.6 Modifications. Platform may modify cancellation, booking, or refund rules on 30 days' written notice. Modifications apply only to bookings made after the effective date.
6. Associated Companies and change of control
6.1 Associated Companies. If Operator is part of a corporate group, Operator's representations, warranties, and indemnification obligations under this Agreement apply with equal force to each Associated Company that lists Services through the Site. "Associated Company" means any entity that controls, is controlled by, or is under common control with Operator. Operator is responsible for ensuring its Associated Companies comply with this Agreement.
6.2 Change of control; sale of business. Operator will give Platform at least thirty (30) days' prior written notice of any change of control, sale of substantially all assets, or merger of Operator. Platform may, at its discretion, require the successor to execute a new Master Operator Agreement before continuing service.
6.3 Financial distress. Operator will notify Platform within seven (7) days if Operator becomes unable to pay its employees, creditors, or insurers, files for bankruptcy, or has a receiver appointed.
7. Audit
7.1 Right to audit. On reasonable advance notice, Platform may inspect or audit Operator's records to the extent reasonably necessary to confirm Operator's compliance with this Agreement, including compliance with applicable law, tax obligations, insurance coverage, and personnel qualifications. Audits will be conducted during ordinary business hours and not more than once per calendar year, except where Platform reasonably suspects a Material Breach.
7.2 Cost-shifting. Platform bears its own audit costs unless the audit reveals a Material Breach, in which case Operator reimburses Platform's reasonable audit costs.
7.3 Material Breach. "Material Breach" means (a) operating without a required permit, license, or registration, including the FWC Livery Operator Permit for PWC rental operators; (b) operating without required insurance or below the minimums under applicable law; (c) failure to collect or remit required taxes; (d) failure to verify a renter's age under Fla. Stat. § 327.39 or a Boating Safety Education ID Card under Fla. Stat. § 327.395 for PWC Services; (e) breach of an anti-money-laundering, sanctions, or anti-corruption obligation; (f) willful misrepresentation in a listing; or (g) any other breach that, in Platform's reasonable judgment, materially endangers Customers or Platform.
8. Insurance
8.1 General. Operator will maintain, at its own expense, insurance coverage customary for similarly situated operators offering the same category of Service and no less than any coverage minimum required by applicable law. This includes without limitation commercial general liability, marine general liability (for watercraft Services), commercial auto liability (for vehicle Services), workers' compensation, and cyber liability where applicable. For personal watercraft livery Services, Operator's coverage must meet the statutory minimums under Fla. Stat. § 327.54 (currently $500,000 per person, $1,000,000 per occurrence, and $500,000 property damage). Operator confirms, by signing Exhibit A, that its current coverage is in force.
8.2 Right to demand. Platform may, on reasonable notice, request a Certificate of Insurance demonstrating coverage. If Platform reasonably determines that Operator's coverage is insufficient given the Services Operator provides or applicable law, Operator will obtain additional or different coverage within thirty (30) days.
8.3 Additional insured; primary; waiver of subrogation. To the extent Operator's carrier permits, Operator will (a) name BellaExports, LLC as additional insured for Operator's Services, (b) make Operator's coverage primary and non-contributory with any Platform coverage, and (c) include a waiver of subrogation for Platform's benefit.
8.4 Survival. Operator will maintain the insurance required under this Section 8, or substantially equivalent occurrence-based coverage, for a period of two (2) years following termination of this Agreement.
9. Term, termination, and Platform rights
9.1 Term. This Agreement begins on the Effective Date and continues until terminated.
9.2 Termination for convenience. Either Party may terminate this Agreement for any reason on fifteen (15) days' written notice.
9.3 Termination for cause. Either Party may terminate immediately on written notice if the other Party (a) materially breaches this Agreement and fails to cure within fifteen (15) days of written notice; (b) commits a Material Breach (no cure period required); (c) becomes insolvent or files for bankruptcy; or (d) loses any license, permit, or insurance required for the Services it provides.
9.4 Suspension. Platform may, at its sole discretion and without liability to Operator, suspend Operator's listings, refuse new bookings, cancel pending bookings with full Customer refunds, or temporarily remove Operator's access to the Site upon reasonable suspicion of breach, customer safety risk, or regulatory issue, pending investigation.
9.5 Offset. Platform may withhold Booking Fee refunds, pursue collection of unpaid liquidated damages or other amounts Operator owes Platform, and offset any sums otherwise owed by Platform to Operator.
10. Indemnification
10.1 By Operator. Operator will defend, indemnify, and hold harmless Platform and its officers, directors, members, employees, agents, and affiliates (collectively, the "Platform Parties") from and against any and all third-party claims, demands, actions, losses, liabilities, damages, fines, penalties, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
(a) Any Service provided or attempted by Operator, including any personal injury, death, property damage, environmental damage, or emotional distress; (b) Operator's breach of any representation, warranty, or covenant in this Agreement; (c) Operator's violation of any applicable law, regulation, or ordinance; (d) Acts, omissions, or negligence of Operator or its personnel; (e) Any infringement claim relating to Operator's listings; or (f) Any tax claim, audit, or assessment related to Operator's failure to collect, report, or remit taxes Operator is legally required to pay.
This indemnification obligation includes claims arising from the Platform Parties' own negligence (but not gross negligence or willful misconduct). The Parties have specifically negotiated this allocation of risk.
10.2 Procedure. Platform will provide prompt written notice of any indemnified claim. Operator will assume the defense with counsel reasonably acceptable to Platform, and Platform may participate at its own expense. Operator may not settle any claim without Platform's written consent if the settlement imposes any obligation, admission, or restriction on Platform.
11. Limitation of liability
11.1 No consequential damages. EXCEPT FOR OPERATOR'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR LOSS OF GOODWILL, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY.
11.2 Cap on Platform's liability. PLATFORM'S TOTAL AGGREGATE LIABILITY TO OPERATOR UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF (A) THE BOOKING FEES PLATFORM RECEIVED FROM OPERATOR'S BOOKINGS IN THE SIX (6) MONTHS BEFORE THE EVENT THAT GAVE RISE TO LIABILITY OR (B) FIFTY THOUSAND DOLLARS ($50,000).
11.3 No cap on Operator's indemnification. The cap in Section 11.2 does not apply to Operator's indemnification obligations under Section 10, breach of confidentiality, infringement, or intentional misconduct.
12. Compliance warranties
Operator continuously represents and warrants:
12.1 Anti-Money Laundering. Operator complies with all applicable anti-money-laundering laws, including the Bank Secrecy Act and FinCEN regulations.
12.2 Sanctions. Operator is not, and is not owned or controlled by, any person on the U.S. Treasury's OFAC Specially Designated Nationals list or any equivalent restricted-persons list. Operator does not transact with sanctioned persons or in sanctioned jurisdictions concerning the Services.
12.3 Anti-Corruption and FCPA. Operator has not, and will not, directly or indirectly offer, give, or accept any bribe, kickback, or improper payment concerning the Services.
12.4 Politically Exposed Persons. Operator will notify Platform if Operator or its ultimate beneficial owners are or become Politically Exposed Persons.
12.5 Tax compliance. Operator is current in its tax obligations and is not the subject of any open tax audit, assessment, or lien that would materially affect Operator's ability to perform.
12.6 Labor. Operator does not use forced labor, child labor, or any labor that violates applicable employment laws.
13. Confidentiality
Each Party will hold the other's non-public business and Customer information in confidence and use it only to perform this Agreement. Customer contact information collected through the Site is Platform's confidential information. Operator may use it only to fulfill the booking. This obligation survives termination for three (3) years.
14. Intellectual property
14.1 Platform's IP. Platform owns the Site, the Booking Fee model, and all related software, branding, and content. Operator gets only a limited, non-exclusive, revocable license to use the Site for listing and accepting bookings.
14.2 Operator's content. Operator grants Platform a non-exclusive, worldwide, royalty-free license to use, display, modify, and distribute Operator's listings, photos, descriptions, and trademarks on the Site and in Platform's marketing for the duration of the listing. Operator represents it owns or has all rights necessary to grant this license.
15. Non-disparagement
Neither Party will make any public statement disparaging the other Party, its affiliates, officers, or directors. This Section does not prevent truthful statements required by law or regulation.
16. Dispute resolution
16.1 Governing law. The laws of the State of Florida govern this Agreement, without regard to its conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 16.2.
16.2 Mandatory arbitration; class waiver. Any dispute, claim, or controversy arising out of or relating to this Agreement, except as provided in Section 16.3, will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, before a single neutral arbitrator. The seat of arbitration is Miami-Dade County, Florida.
THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING OR JOIN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims of more than one Party or preside over any class proceeding.
16.3 Carve-outs. Either Party may seek (a) temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, or to prevent irreparable harm, or (b) small-claims relief in the small-claims court of Miami-Dade County.
16.4 Limitations period. Any claim must be brought within one (1) year after it accrues, or it is permanently barred. This is a contractual shortening of the statute of limitations and applies to the extent permitted by Florida law.
17. Survival
Sections 1.2 through 1.4, 3.7, 3.8, 4.4, 4.5, 6, 8 (for the survival period stated), 10, 11, 12, 13, 14, 15, 16, 17, and 18 survive termination.
18. General
18.1 Modifications. Platform may modify this Agreement on thirty (30) days' written notice (which may be by email). Continued listing or use of the Site after the effective date is acceptance.
18.2 Entire agreement. This Agreement, the Operator Onboarding Schedule (Exhibit A), and any policies referenced and posted by Platform (including the Operator Handbook) are the entire agreement of the Parties. The Operator Handbook is policy and may be updated unilaterally. The contractual obligation is compliance with applicable law under Section 3.1.
18.3 Assignment. Operator may not assign without Platform's prior written consent. Platform may assign on notice to Operator.
18.4 Notices. Notices must be in writing and sent by email to the addresses on the signature page (deemed received on successful transmission) or by certified mail (deemed received three business days after mailing).
18.5 Severability. If any provision is unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
18.6 Waiver. A Party's failure to enforce any provision is not a waiver.
18.7 Counterparts; electronic signature. This Agreement may be signed in counterparts and by electronic signature, each deemed an original.