Sunshine Yacht Cruises
Bareboat Charter Agreement
In consideration of the covenants hereinafter contained, the said owner agrees to let, and the said charterer agrees to hire, the said boat (Bella Roma) for a four hour sightseeing cruise for a total sum of $2350 dollars plus tax which includes a $350 fee paid directly to the captain and crew at the time of the charter if the charterer is not providing their own crew.
2. Bareboat Charter
It is agreed that this charter is “bareboat” in that the charterer is responsible to provide their own captain, crew, food and stores. Sunshine Yacht Cruises is happy to provide a number of suggestions for an experienced captain and crew if needed; if the charterer provides their own captain, the charterer will be required to take a qualification cruise with the owner or his agent to determine the skill level of the designated captain, and to familiarize the captain and crew of the boat and equipment on board. Further, signing this agreement certifies that the designated Captain is a USCG Licensed Captain with a 100 Ton Masters certification and is experienced and competent in handling and operating a vessel of the type being hired by this agreement, and possesses sufficient practical knowledge of seamanship, piloting and rules of the road to qualify for operation of the vessel during the charter term.
The owner agrees to deliver the boat at the port of boarding in full commission and in proper working order. Port of Boarding & Redelivery is Beach Weekend Marina in Fort Walton Beach, FL. Should it be impossible for the owner to make delivery as stipulated through causes beyond his control, and should such delivery be not made within 24 hours thereafter, then this agreement may be cancelled by the charterer and any charter money paid in advance shall be returned to him by the owner.
The owner agrees that should the boat after delivery sustain breakdown of machinery, preventing the use of the vessel by the charterer for a period of not less than 24 hours consecutively, at any time, the same not being brought about by any act or default of the charterer, the owner shall make a pro-rata return of hire to the charterer for such period in excess of the said 24 hours that the yacht shall be disabled or unfit for use. If repairs cannot be made within 48 hours after the report of disablement, the charterer will be rebated pro-rata for the time the boat is unusable, and the charterer has the right to terminate the charter if so desired.
5. Navigation Limits
The charterer agrees to restrict the cruising of the boat to the navigable waters of Choctawhatchee Bay, Destin Harbor, and the Gulf Intracoastal Waterway. Navigation beyond these limits shall constitute default of this agreement in which event the owner or his agent may immediately board the described vessel and resume possession of her. All sums paid under this agreement, including damage deposits, shall be forfeited as damages.
The charterer agrees to be responsible for, and to replace or make good any injury to the boat, her equipment or furnishings, caused personally by himself or any of his party, but not if caused by any of the owner’s crew. The charterer further agrees to leave all furnishings, fair wear and tear accepted, upon expiration of the charter term or reimburse the owner for the cost thereof.
The charterer agrees to surrender the boat at the expiration of this charter at the port provided above, free and clear to indebtedness that may have been incurred for his account during the term of charter and in as good condition as when the delivery was taken, fair wear and tear from ordinary use and any loss of damage that he shall not be liable to make good excepted. The charterer agrees to indemnify the owner for any charges or losses in connection therewith, including reasonable attorney fees.
8. Restricted Use Including Drug Use
The charterer agrees that the boat shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, and guests, and shall not transport merchandise or engage in trade or in any way violate the laws of the United States, or any other government within the jurisdiction of which the yacht may be at any time, and shall comply with the law in all other respects. Furthermore, no one is to operate the boat while under the influence of drugs or alcohol and the boat will not be operated between dusk and dawn.
The charterer will at all times indemnify and keep indemnified that the owner and his agent and save themselves harmless from and against any and all actions or causes of action claims, demands, liabilities, loss damage or expense of whatsoever kind including counsel or attorney’s fees which they shall or may sustain or incur by reason or in consequence of any act or omission of the charterer, his agents or others during the term of hire of said boat.
Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, said arbitration to be held in the City and State of the OWNER’S residence, unless another place is mutually agreed upon. Judgement upon any award reached by the Arbitrator(s) may be entered in any Court of said State having jurisdiction thereof. To the true and faithful performances of the foregoing Agreement, the said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other.
To the true and faithful performance of the foregoing agreement, the said parties hereto bind themselves, their heirs, executors, administrators, and assigns, each to the other. IN WITNESS THEROF, the parties hereunto set their hands the day and year written below.
Signature / Date