Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Playpen Chicago platform, located at chicago.theplaypen.com, and all related services provided by The Playpen Enterprises LLC (“Playpen,” “we,” “us,” or “our”). Please read these Terms carefully before using the platform.

1. Acceptance of Terms

By accessing, browsing, or using chicago.theplaypen.com or any associated mobile application (collectively, the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform.

Age Requirements

You must be at least 21 years of age to create a renter account on the Platform. Captain and service provider accounts require a minimum age of 18. By creating an account, you represent and warrant that you meet the applicable age requirement.

Modifications to Terms

The Playpen Enterprises LLC reserves the right to modify these Terms at any time. Material changes will be communicated via email to registered users and posted on the Platform with an updated “Last updated” date. Your continued use of the Platform after any modification constitutes acceptance of the revised Terms.

2. Platform Role — Intermediary/Broker Doctrine

This section is critical to understanding the legal relationships created through the Platform. Please read it carefully.

Playpen Chicago operates as a booking coordinator and charter broker. Playpen facilitates connections between renters (charter guests), vessel owners and operators, and independently engaged captains and crew. Playpen is not a vessel owner, vessel operator, carrier, or common carrier.

What Playpen Does NOT Do

• Playpen does not own, operate, or exercise navigational control over any vessel listed on the Platform.
• Playpen does not employ, furnish, or supervise captains or crew.
• Playpen does not conduct marine surveys, mechanical inspections, or warrant the seaworthiness of any vessel.
• Playpen does notassign captains to charters. Captains shown on the Platform are suggested based on qualifications and availability — the renter makes the final selection for bareboat charters, consistent with USCG NVIC 7-94.

Legal Relationships

The charter agreement is between the renter and the vessel owner/operator. For bareboat charters, the captain engagement is a separate legal relationship between the renter and the independently engaged captain. Playpen is not a party to either agreement.

Playpen's Role Is Limited To

• Facilitating bookings and scheduling
• Processing payments as merchant of record for charter bookings
• Providing documentation tools (waivers, manifests, contracts)
• Verifying credentials (captain licenses, vessel documentation, insurance)
• Providing customer support and dispute mediation

3. Booking Modes

The Platform supports multiple booking modes, each with distinct contractual structures, obligations, and regulatory compliance requirements. Playpen will clearly identify the booking mode applicable to your reservation before you confirm your booking.

Mode A — Commercial Captained Charter

The captain is provided by the vessel operator. Pricing is bundled (vessel and captain in a single rate). The operator is responsible for vessel operation and crew.

Mode B2 — Bareboat with Captain

The vessel is leased from the owner under a bareboat charter agreement. The captain is independently engaged by the renter through the Platform. This creates two separate legal relationships: one between the renter and the vessel owner (for the vessel), and one between the renter and the captain (for navigational services). These are documented separately.

Mode C — Inspected Vessel / Event Charter

For vessels holding a Certificate of Inspection (COI), crew assignment is handled by the operator in accordance with the vessel's COI requirements. These charters typically accommodate larger groups and are subject to additional regulatory requirements.

4. Payments and Fees

Platform Service Fee

Playpen charges a platform service fee of 10–13% plus a $20 flat fee per booking. The exact fee is calculated and displayed at checkout before you confirm your booking.

Payment Schedule

• Standard bookings (more than 7 days out): 50% deposit at the time of booking; remaining balance due 7 days before the scheduled departure.
• Short-notice bookings (within 7 days): 100% of the charter total is due at the time of booking.

Security/Damage Deposit

A security deposit is placed as a pre-authorization hold (not a charge) on the renter's payment method approximately 48 hours before the scheduled departure. The hold is released after the charter if no damage claim is filed. The amount varies by vessel and is disclosed before booking.

Payment Processing

All payments are processed via Stripe Connect. All transactions are in U.S. dollars (USD) only.

Merchant of Record

• Charter bookings:Playpen is the merchant of record. Your statement will show “Playpen Chicago.”
• Partner-hosted event tickets:The event partner is the merchant of record. Your statement will show the partner's business name.

Tips

Tips for captains and crew are optional and processed via Stripe. Playpen takes 0% of tips — 100% goes to the recipient.

5. Cancellation and Refund Policies

Owner-Selectable Cancellation Policies

Each vessel listing specifies one of three cancellation policies, selected by the vessel owner. The applicable policy is displayed before you confirm your booking.

• Flexible: Full refund if cancelled at least 7 days before departure.
• Medium: Full refund if cancelled at least 14 days before departure.
• Stringent: Full refund if cancelled at least 30 days before departure.

Weather Cancellations

Weather-related cancellation decisions are governed by our Weather Policy, available at /weather-policy. The captain has final authority on weather-related safety decisions. Weather cancellations result in a full refund or reschedule at the renter's choice.

Operator or Captain Cancellation

If the operator or captain cancels, the renter receives a full refund. Playpen will also activate its Guaranteed Departure search to find a comparable replacement vessel and/or captain.

Renter Cancellation

Renter-initiated cancellations follow the listing's selected cancellation policy. Cancellations made within the partial-refund or no-refund window are subject to the terms of that policy.

Platform Fee Refunds

The platform service fee is refunded for cancellations initiated by the owner, captain, or due to weather. The platform service fee is retained for renter-initiated cancellations that fall within the partial-refund or no-refund window.

Add-On Refunds

Each add-on service (catering, photography, entertainment, etc.) follows its own provider's cancellation and refund terms, which are disclosed at the time of add-on selection.

Remedies

Playpen does not issue inconvenience credits or dollar-value credits. Available remedies are limited to: refund (per applicable policy), reschedule, or Guaranteed Departure search.

6. Waiver and Documentation Requirements

Liability Waivers

All adult passengers (18 years and older) must sign a liability waiver before boarding any vessel booked through the Platform. A parent or legal guardian must sign on behalf of minor passengers.

Waivers are electronically signed and are governed by the federal Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Illinois Uniform Electronic Transactions Act (Public Act 102-0038).

Playpen's waivers are professionally structured liability release forms. Playpen does not represent or warrant that any waiver is “legally enforceable” or “will hold up in court” — enforceability is subject to the specific facts and circumstances of each situation and applicable law.

Passenger Manifests

A passenger manifest is required for all bookings and must be submitted at least 24 hours before the scheduled departure. The manifest must accurately list all persons who will board the vessel.

Refusal to Sign

Any passenger who refuses to sign the required liability waiver will not be permitted to board. No refund will be issued for that individual passenger's portion of the booking.

Document Retention

All signed waivers, manifests, and related documentation are retained for a minimum of 7 years per maritime safety requirements.

7. Capacity and Safety

Dual Capacity Limits

Every vessel on the Platform is subject to two capacity limits:

• Maximum bookable passengers:The number of charter guests that may be booked, as determined by the vessel's USCG credential or operating permit.
• Total safe persons aboard: The total number of all persons on the vessel, including guests, captain, crew, vendors, host representatives, and any other individuals.

Boarding Authority

The captain has final boarding authority. The captain may refuse to allow any person to board for any safety-related reason.

Misrepresentation of Guest Count

Misrepresenting the number of guests who will board is a serious violation of these Terms and carries a 2-strike weight under our Trust and Safety system (see Section 11). There are no exceptions to capacity limits regardless of occasion or event type.

8. Captain Selection (NVIC 7-94 Compliance)

For bareboat charters (Mode B2), the renter selects the captain. This is a regulatory requirement, not a platform preference.

How Captain Selection Works

• The Platform displays suggested captains for each vessel based on qualifications, availability, and compatibility.
• The renter may select any suggested captain or request any other qualified captain in the Playpen network.
• Vessel owners may maintain preferred captain lists and do-not-book captain lists.
• The renter's captain selection is documented in a captain selection evidence log for regulatory compliance purposes.

Owner-as-Captain Restriction

The owner of a Mode B2 vessel may never serve as the bareboat captain for that same vessel. This is a hard validation rule enforced by the Platform and cannot be overridden.

9. Partner-Hosted Events

Certain experiences listed on the Platform are partner-hosted events. Event attendee ticket purchases are not charter bookings and are governed by different terms.

Key Distinctions

• Ticket buyers do not receive charter modification rights, charter dashboard access, or charter cancellation logic.
• The event partner is the host, operator, and ticket seller.
• Playpen provides ticketing infrastructure and charter brokerage services only.
• Refund decisions for event-specific issues (lineup changes, experience modifications, etc.) are made by the event partner, not Playpen.
• Weather and safety cancellation decisions are made by the captain/operator, not the event partner. Weather cancellation refunds follow the standard weather policy.

10. Service Providers

Third-party service providers available through the Platform (catering, photography, entertainment, floral, DJ services, etc.) are independent businesses. They are not employees, agents, or subcontractors of Playpen.

Playpen verifies provider credentials and insurance documentation but does not guarantee the quality, timeliness, or suitability of any provider's services. Provider add-ons have independent cancellation and refund terms, which are presented at the time of selection.

11. Trust, Safety, and Strike System

Playpen maintains a graduated strike system applicable to renters, vessel owners, and captains. The system is designed to promote accountability and safety across the Platform.

Violations

Violations that may result in strikes include, but are not limited to: no-shows, late cancellations, misrepresentation of vessel condition or guest count, safety misconduct, harassment, and fraud.

Strike Thresholds

• 3 strikes: Manual review of account required before future bookings.
• 5 strikes: Booking privileges suspended pending review.
• 8 strikes: Account banned from the Platform.

Strike Expiration

Minor strikes (e.g., late cancellations) expire after 12 months of good standing. Strikes related to fraud or safety misconduct do not expire.

Due Process

All strikes include: an evidence log documenting the violation, a 7-day appeal deadline from the date of notice, and written adjudication notes. Users may appeal any strike within the appeal period.

12. Damage Claims

Filing a Claim

The vessel owner must initiate a damage claim within 48 hours of trip completion. Claims must include photographic evidence of the damage.

Renter Response

The renter has 48 hours from notification to respond to a damage claim. Responses may include: accepting the claim, disputing the claim, or proposing a settlement amount.

Resolution

If the parties cannot reach agreement, Playpen will mediate the dispute and issue a determination within 5 business days. For valid claims, the security deposit pre-authorization will be captured up to the approved amount. Claims exceeding the security deposit amount are referred to Buoy insurance for excess coverage.

13. Intellectual Property and Content

Platform Content

All content on the Platform — including text, graphics, logos, images, software, and the overall design and arrangement — is the property of The Playpen Enterprises LLC or its licensors and is protected by applicable intellectual property laws.

User-Generated Content

You retain ownership of content you submit to the Platform (photos, reviews, etc.). By submitting content, you grant The Playpen Enterprises LLC a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content for marketing and promotional purposes in connection with the Platform.

Corporate and Confidential Bookings

For bookings flagged as corporate or confidential, no content (including photos, reviews, or booking details) will be published or used for marketing purposes without prior written approval from the booking party.

Content Creators

Content creators engaged through the Platform are subject to a separate content rights agreement as defined in the Creator Partnership Framework. No internal service branding (including third-party tool branding) will appear on user-facing documents generated by the Platform.

14. Prohibited Conduct

The following conduct is prohibited on the Platform and may result in immediate account suspension or termination:

• Soliciting or accepting off-platform payments to circumvent Platform fees.
• Circumventing the booking system or any Platform safeguards.
• Providing false identity, credential, or insurance information.
• Exceeding or attempting to exceed the vessel's capacity limits.
• Operating a vessel or serving as captain while under the influence of alcohol or drugs.
• Harassment, intimidation, or threatening behavior toward any Platform user, captain, crew member, or Playpen staff.
• Creating duplicate vessel listings under different owner accounts for the same vessel.

15. Limitation of Liability

Playpen is a booking coordinator, not a vessel operator or crew employer. Playpen does not conduct marine surveys, mechanical inspections, or warrant the seaworthiness of any vessel listed on the Platform.

The “Reserve” tier designation on the Platform reflects cosmetic condition and amenity quality only — it does not represent any assessment of structural or mechanical safety.

Playpen does not guarantee the safety of any specific vessel, captain, or charter experience. To the maximum extent permitted by applicable law, Playpen's total liability for any claim arising out of or related to your use of the Platform or any booking shall not exceed the platform service fees collected by Playpen for the specific booking at issue.

In no event shall Playpen be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Platform.

16. Dispute Resolution

Informal Resolution

Before initiating formal proceedings, you agree to first attempt to resolve any dispute informally by contacting Playpen at support@chicago.theplaypen.com. We will attempt to resolve the dispute within 30 days.

Binding Arbitration

Any dispute that cannot be resolved informally shall be submitted to binding arbitration administered in Chicago, Illinois. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Cook County, Illinois.

18. Severability

If any provision of these Terms is held to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19. Contact

For questions or concerns about these Terms of Service, please contact us: