Charter Boat Agreement

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This Charter Boat Agreement is for use by a company or private individual who rents charter boats. This form contains the details of the arrangement including the cost, rental period and restrictions on the vessel's use.

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This Charter Boat Agreement is between an owner of a charter boat and an individual or company who desires to charter the vessel. This rental agreement sets out the terms of the arrangement including the price for the charter rental, how the vessel will be delivered and insurance requirements of both parties. It also sets out any restrictions on use of the boat and the policy in the event of cancellation. It is important that this agreement be memorialized in writing. A written Charter Boat Agreement will be beneficial in the event of disagreements or misunderstandings surrounding the boat's charter.

This Charter Boat Agreement contains the following provisions:
  • Parties: Names of the vessel owner and the charterer;
  • Vessel Description: Specifics regarding the vessel including the make, model and hull/registration number;
  • Charter Information: Details about the charter including the inception date, charter period and the total sum due for the charter, including any security deposit;
  • Acceptance: Charterer agrees to keep all vessel equipment and furnishings undamaged and in proper working condition;
  • Insurance: Owner agrees to keep the charter boat fully insured and to offer the charterer indemnity insurance coverage for a nominal fee;
  • Charterer's Certification: Charterer certifies that he or she is certified to handle a boat of this size;
  • Cancellation/Refund Policy: Sets forth the policies including the loss of any deposit paid for the charter;
  • Signatures: Both charterer and boat owner must sign and date this agreement.

Protect your rights and your property by purchasing this attorney-prepared form.

This attorney-prepared package includes:
  1. General Information
  2. Instructions and Checklist
  3. Charter Boat Agreement
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.











Charter Boat Agreement










This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Charter Boat Services Agreement











General Information
Charter Boat Agreement

This Charter Boat Services Agreement is between an owner of a charter boat and an individual who desires to charter the boat.  This rental agreement sets forth the terms of the arrangement including the price for the boat rental, how the vessel will be delivered and insurance requirements of both owner and charterer.  It also sets forth any restrictions on use of the boat and the cancellation policy.  

It is imperative that this rental agreement be clearly set out in writing.  A written Charter Boat Rental Agreement will be helpful in the event there are disagreements or misunderstandings regarding the usage and rental of the charter vessel.


  



Instructions and Checklist


Charter Boat Agreement

   The parties should read the agreement carefully.

   Insert all requested information in the spaces provided on the form.

     This form contains the basic terms and language that should be included in similar agreements.   

     Read the "Navigation Limits" and "Restricted Use" provisions carefully.  If there are disagreements, they may focus on these provisions.

     Read the "Navigation Limits" and "Restricted Use" and "Illegal Contraband/Smuggling" provisions carefully.  If there are disagreements, they will likely focus on these provisions.

     This agreement contains an arbitration provision.  If you prefer that disagreements be resolved through the court system, insert the applicable language.

     This agreement must be signed by the boat owner and the charterer.

   The parties should retain either an original or copy of the signed application.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  




   




DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice. The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  
THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 
CHARTER AGREEMENT (BOAT)
THIS AGREEMENT made on the _____ day of ____________________, 20____by and between __________________ (hereinafter “Owner) and ______________ (hereinafter "Charterer") for the charter of the following vessel: i) Make:_____________________; ii) Model: __________________________; and iii) Hull / Registration Number: ______________ (the “Boat”).

RECITALS:

1.   TERM, HIRE & PAYMENTS
In consideration of the covenants herein after contained and upon receipt of the charter deposit herein referenced, the Owner agrees to let, and the Charterer agrees to hire the Boat from _______a.m./p.m. on the _____ day of __________ 20_____(“Charter Inception Date") until _______a.m./p.m.  on the ____ day of __________________, ________ ("Charter Period") for a total sum of $________, plus bareboat check out/ orientation fee of $______, plus applicable tax $_________, of which amount 50% shall be paid upon the signing of this agreement as a charter deposit (“$___________”). The balance of $___________ be due 30 days before boarding in cleared funds. The security deposit of $__________ is payable in cash, travelers check or certified bank check at time of boarding.

2.    ACCEPTANCE OF VESSEL
Upon accepting this Boat the Charterer agrees that, except where noted in the check-out form, the Boat and its furnishings and equipment are undamaged and in proper working order to Charterers satisfaction. The Charterer shall be offered the opportunity to inspect the Boat including the Boats inventory, hull, deck, canvas, propulsion system including propellers, shafts, rudders, struts, underwater hull, electronics and all equipment unless noted upon the pre-departure inspection meets to Charterers satisfaction. Any incidental breakdowns to Boat equipment other than to the main propulsion system shall not be cause for discount or pro-ration of the Boat fee. The Charterer further agrees that by signing this contract any breakdowns or damages caused to vessel after accepting vessel will solely be the responsibility of Charterer and all deposits will be immediately applied to repairs and any and all expenses related to incident. Any expenses that exceed the security deposit amount are the sole responsibility of the Charterer.

3.   DELIVERY 
The Owner agrees to deliver the Boat ___________________ _________ (Place) at or before the time and place specified in Paragraph 1. Should it be impossible for the Owner to make delivery as stipulated, and should such delivery not be made within forty-eight (48) hours thereafter, then this Agreement may be canceled by the Charterer and any monies paid shall be returned to the Charterer without further liability for the Owner. In this event, Owner shall also compensate the agent and/or broker in the full amount of any commissions and fees due on said charter.

3.   RE-DELIVERY
The Charterer agrees to return the vessel to ________ (Place) at or before the time and date specified in Paragraph 1. The Charterer further agrees to redeliver the Boat, vessels equipment and furnishings, free and clear of any indebtedness incurred by the Charterer or for the Charterers account, or for the Owners account unless said indebtedness incurred for the Owners shall be pursuant to written authorization by the Owner. Charterer shall redeliver the Boat at expiration of charter in as good condition as was taken. But should it be impossible for the Charterer to make redelivery of the Boat as stipulated, he shall pay pro rata to the Owner for the time that such delivery was delayed as well as the Owners costs incurred as a result of said recovery or abandonment, except in the event of total loss or serious damage to the Boat, in which event the rights of the parties shall be determined by paragraph 4 as follows.

4.   INSURANCE
The Owner agrees to keep the Boat fully insured against fire, damage, marine collision, risk, hazards of the voyage, including engine, hull and vessel equipment for the term of the charter period. During the charter period and any extension thereof, the Charterer shall be liable for any loss, damage, or injury that may be the fault of, or occasioned by the negligence of the Charterer, his guests or servants. In case of any accident or other disaster, the Charterer shall give the Owner prompt notice of said loss. The Owners insurance policy does not cover Charterers protection and indemnity during the charter period. However, this coverage may be obtained for a nominal cost at the Charterers expense.

5.   DAMAGE DEPOSIT
A damage deposit of $____________will be paid 30 days before boarding (CASH OR EQUIVALENT) against which uninsured loss or damage, excessive cleaning, or costs associated with abandonment may be charged. If there is no damage, the damage deposit is to be refunded within fifteen (15) days following redelivery. In the event of damage, the balance 2 of the damage deposit, if any, shall be refunded once repairs are completed. Damages and expenses in excess of the security deposit may be billed to the Charterers credit/charge card when applicable.

6.   INDEMNIFICATION  
The Charterer agrees to be solely responsible for any and all damage, not otherwise covered by insurance, caused as a result of the grounding of the vessel, or any damages related to abuse or mistreatment of vessel or engines during the charter period, or extension thereof. The Charterer has been informed by the Owner of the U. S. Coast Guard's policy of "zero tolerance" of drugs aboard vessels and warrants to Owner that there will be no illegal drugs or other contraband brought aboard the vessel at any time during the charter period or extension thereof. The Charterer further agrees to fully indemnify the Owner and/or Agent for any losses the Owner suffers in the event that the Charterer breaches this covenant. Charterer further agrees to indemnify the Owner and/or Agent from any and all losses, fines, penalties, damage, and any other type of loss, including legal fees and costs through the appellate level, incurred by Owner and/or Agent in defending any action brought against the Owner by a governmental agency, whether local, state, Federal, or foreign as a result of said grounding of the vessel and/or the violation of any and all contraband laws or governmental regulations. The Charterer further agrees to indemnify and save the Owner and/or Agent harmless from any and all liabilities for loss, damage, accident, or injury to himself or third persons, occasioned by the negligence of the Charterer.


7.   BREAKDOWNS 
The Owner agrees that should the Boat, after delivery, sustain a mechanical breakdown to the propulsion system through no fault of the Charterer (the propulsion system defined as the main diesel or gasoline engines, the transmissions, the shafts, the rudders or props including the steering system) for a continuous period of more than forty-eight (48) hours at any time (from the time the Owner is notified), the Owner shall make a pro rata return of hire for the period in excess of aforementioned forty-eight (48) hours that the breakdown renders the Boat unfit for use. However, in the event that the vessel is disabled outside the service area described as U. S. coastal waters from ________(Place), the Charterer agrees to pay for all service related expenses, excluding parts (except when damage is the fault of the Charterer's actions) and the time parameters of this paragraph shall be void. Charterer shall pay for the cost of any unnecessary service calls. In accepting this Boat the Charterer agrees that the Boat is in proper working order and that he/she has checked the Boat to his/her satisfaction. Any incidental breakdowns to Boat equipment other than to the main propulsion system shall not be cause for cancellation of the charter or pro-ration of the Boat fee.

8.   RUNNING EXPENSES 
The Charterer agrees to accept the Boat as delivered as herein before provided and to pay all running expenses during the term of the charter including but not limited to dockage, fuel, oil, water, pump-outs, customs charges, radio telephone expenses, etc.

9.   LIENS 
The Charterer, his agents and employees have no right to power or permit or suffer the creation of any maritime liens against the above named Boat. The Charterer agrees to indemnify the Owner and/or Agent from any charges or losses in connection therewith, including reasonable attorneys fees.

10.   NAVIGATION LIMITS 
The Charterer agrees to restrict the cruising of the Boat to the areas described as from ________(Place) unless herein approved vessels only- additional cruising area limited to (___________________). Traveling outside of restricted cruising limits is reason for default of all security deposits and the U.S. Coast Guard & local authorities will be made aware of violation. The incident will be dealt with as a vessel theft and prosecuted to the extent of the law.

11.   RESTRICTED USE 
The Charterer agrees that the Boat shall be employed exclusively as a pleasure vessel for the sole and proper use of him/herself, family, guests and servants during the term of this charter. The Charterer shall not transport passengers for pay or engage in any trade nor in any way violate the revenue laws, or any other laws of the United States, each and any of the sovereign states, or any other government or jurisdiction whose waters the Boat may be in. If vessel is found or detained in relationship to any illegal operation all funds and deposits will not be returned and chartered is responsible for any additional fees related with safe return of vessel to _____(Place) and any required repairs.

12.   NON-ASSIGNMENT 
.    The Charterer agrees not to assign or sub-charter the Boat without written permission.

13.   DEFAULTS 
It is mutually agreed that should any installment of the charter fees not be paid on the date designated, the Owner shall have the right to cancel the charter, resume possession of the Boat, and retain any moneys previously collected.

14.   CHARTERER'S CERTIFICATION 
The Charterer certifies that he/she is experienced and competent in the handling of a Boat of this type and size, and that he/she has sufficient knowledge of seamanship, piloting, mechanical systems, and rules of the road to safely operate the Boat. Charterer agrees not to allow the operation of the vessel by anyone not so qualified during the term of this charter. If during the checkout procedures, it is determined by the Owner or Owners agent, that the Charterer, in the sole opinion of the Owner or agent, is not qualified to operate the referenced vessel, then the Charterer agrees to employ, at his/her expense, a Coast Guard Licensed Captain to be in charge of the vessel's operation until Charterer is qualified. As an alternative, the Charterer may cancel this agreement and compensate the Owner in the amount of the charter deposit. In no event shall the release of the vessel by the Owner or his Agent constitute a certification by the Owner or Agent regarding the qualifications of the Charterer.

 15.   DIVING AND SWIMMING 
The Owner and insurance underwriters of the Boat accept no responsibility or liability for accidents, injuries or death due to swimming, snorkeling, or the use of SCUBA equipment, or any other water sports equipment, whether or not it is supplied by the Owner or Charterer.

16.   RESPONSIBILITIES 
This charter shall at all times be construed as a BAREBOAT CHARTER. The Charterer assumes all responsibility for any injury, death or property damage. This includes, but is not limited to damage caused to protected marine life as a result of grounding or anchoring, or any other claim of any nature that may arise during the period of the charter or at any time that the vessel is in the custody or under the control of the Charterer. Charterer further agrees to indemnify the Owner and/or Agent against any claims that may arise as aforementioned.

17.   ILLEGAL CONTRABAND/SMUGGLING 
If the Charterer is involved in any illegal form of smuggling or illegal contraband, all monies paid will be forfeited and charterer is subject to penalty at the full extent of U.S. law. If Boat is confiscated or needs to be recovered in a foreign port or location other than home port the Charterer is responsible for all expenses related to vessel recovery.

18.   CANCELLATION POLICY 
It is agreed by both parties that in the event this agreement is canceled by the Charterer more than 60 days prior to the charter period, a cancellation fee of 25% of the charter fee will be forfeited. If canceled 60 days or less prior to charter period, the full charter deposit will be forfeited. The date Owner receives written notification of cancellation will determine cancellation day.

19.   REFUND POLICY 
If Boat is not available for the contracted scheduled date for any reason, the Charterer will receive a prorated refund for every day that vessel is not made available. Charterer also agrees not to make any claims against Owners if vessel is not made available for any reason. If client is required to make unexpected lodging /hotel accommodations related to vessel not being ready for hire on scheduled departure date, Owners is not responsible for any and all incurred expenses caused directly or indirectly by vessel not made ready on contract date. Owners is responsible for deciding if vessel(s) are ready and seaworthy to be chartered by client.


IN WITNESS THEREOF, the parties hereunto have set their hands and seals on the day and year first written above. All parties to this agreement acknowledge that telephone facsimile signatures are binding and enforceable in execution hereof.

CHARTERER: _______________________________
Date: ________________________________________


OWNER: ____________________________________
Date:  _______________________________________

Number of Pages9
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43532
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.











Charter Boat Agreement










This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Charter Boat Services Agreement











General Information
Charter Boat Agreement

This Charter Boat Services Agreement is between an owner of a charter boat and an individual who desires to charter the boat.  This rental agreement sets forth the terms of the arrangement including the price for the boat rental, how the vessel will be delivered and insurance requirements of both owner and charterer.  It also sets forth any restrictions on use of the boat and the cancellation policy.  

It is imperative that this rental agreement be clearly set out in writing.  A written Charter Boat Rental Agreement will be helpful in the event there are disagreements or misunderstandings regarding the usage and rental of the charter vessel.


  



Instructions and Checklist


Charter Boat Agreement

   The parties should read the agreement carefully.

   Insert all requested information in the spaces provided on the form.

     This form contains the basic terms and language that should be included in similar agreements.   

     Read the "Navigation Limits" and "Restricted Use" provisions carefully.  If there are disagreements, they may focus on these provisions.

     Read the "Navigation Limits" and "Restricted Use" and "Illegal Contraband/Smuggling" provisions carefully.  If there are disagreements, they will likely focus on these provisions.

     This agreement contains an arbitration provision.  If you prefer that disagreements be resolved through the court system, insert the applicable language.

     This agreement must be signed by the boat owner and the charterer.

   The parties should retain either an original or copy of the signed application.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  




   




DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice. The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  
THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 
CHARTER AGREEMENT (BOAT)
THIS AGREEMENT made on the _____ day of ____________________, 20____by and between __________________ (hereinafter “Owner) and ______________ (hereinafter "Charterer") for the charter of the following vessel: i) Make:_____________________; ii) Model: __________________________; and iii) Hull / Registration Number: ______________ (the “Boat”).

RECITALS:

1.   TERM, HIRE & PAYMENTS
In consideration of the covenants herein after contained and upon receipt of the charter deposit herein referenced, the Owner agrees to let, and the Charterer agrees to hire the Boat from _______a.m./p.m. on the _____ day of __________ 20_____(“Charter Inception Date") until _______a.m./p.m.  on the ____ day of __________________, ________ ("Charter Period") for a total sum of $________, plus bareboat check out/ orientation fee of $______, plus applicable tax $_________, of which amount 50% shall be paid upon the signing of this agreement as a charter deposit (“$___________”). The balance of $___________ be due 30 days before boarding in cleared funds. The security deposit of $__________ is payable in cash, travelers check or certified bank check at time of boarding.

2.    ACCEPTANCE OF VESSEL
Upon accepting this Boat the Charterer agrees that, except where noted in the check-out form, the Boat and its furnishings and equipment are undamaged and in proper working order to Charterers satisfaction. The Charterer shall be offered the opportunity to inspect the Boat including the Boats inventory, hull, deck, canvas, propulsion system including propellers, shafts, rudders, struts, underwater hull, electronics and all equipment unless noted upon the pre-departure inspection meets to Charterers satisfaction. Any incidental breakdowns to Boat equipment other than to the main propulsion system shall not be cause for discount or pro-ration of the Boat fee. The Charterer further agrees that by signing this contract any breakdowns or damages caused to vessel after accepting vessel will solely be the responsibility of Charterer and all deposits will be immediately applied to repairs and any and all expenses related to incident. Any expenses that exceed the security deposit amount are the sole responsibility of the Charterer.

3.   DELIVERY 
The Owner agrees to deliver the Boat ___________________ _________ (Place) at or before the time and place specified in Paragraph 1. Should it be impossible for the Owner to make delivery as stipulated, and should such delivery not be made within forty-eight (48) hours thereafter, then this Agreement may be canceled by the Charterer and any monies paid shall be returned to the Charterer without further liability for the Owner. In this event, Owner shall also compensate the agent and/or broker in the full amount of any commissions and fees due on said charter.

3.   RE-DELIVERY
The Charterer agrees to return the vessel to ________ (Place) at or before the time and date specified in Paragraph 1. The Charterer further agrees to redeliver the Boat, vessels equipment and furnishings, free and clear of any indebtedness incurred by the Charterer or for the Charterers account, or for the Owners account unless said indebtedness incurred for the Owners shall be pursuant to written authorization by the Owner. Charterer shall redeliver the Boat at expiration of charter in as good condition as was taken. But should it be impossible for the Charterer to make redelivery of the Boat as stipulated, he shall pay pro rata to the Owner for the time that such delivery was delayed as well as the Owners costs incurred as a result of said recovery or abandonment, except in the event of total loss or serious damage to the Boat, in which event the rights of the parties shall be determined by paragraph 4 as follows.

4.   INSURANCE
The Owner agrees to keep the Boat fully insured against fire, damage, marine collision, risk, hazards of the voyage, including engine, hull and vessel equipment for the term of the charter period. During the charter period and any extension thereof, the Charterer shall be liable for any loss, damage, or injury that may be the fault of, or occasioned by the negligence of the Charterer, his guests or servants. In case of any accident or other disaster, the Charterer shall give the Owner prompt notice of said loss. The Owners insurance policy does not cover Charterers protection and indemnity during the charter period. However, this coverage may be obtained for a nominal cost at the Charterers expense.

5.   DAMAGE DEPOSIT
A damage deposit of $____________will be paid 30 days before boarding (CASH OR EQUIVALENT) against which uninsured loss or damage, excessive cleaning, or costs associated with abandonment may be charged. If there is no damage, the damage deposit is to be refunded within fifteen (15) days following redelivery. In the event of damage, the balance 2 of the damage deposit, if any, shall be refunded once repairs are completed. Damages and expenses in excess of the security deposit may be billed to the Charterers credit/charge card when applicable.

6.   INDEMNIFICATION  
The Charterer agrees to be solely responsible for any and all damage, not otherwise covered by insurance, caused as a result of the grounding of the vessel, or any damages related to abuse or mistreatment of vessel or engines during the charter period, or extension thereof. The Charterer has been informed by the Owner of the U. S. Coast Guard's policy of "zero tolerance" of drugs aboard vessels and warrants to Owner that there will be no illegal drugs or other contraband brought aboard the vessel at any time during the charter period or extension thereof. The Charterer further agrees to fully indemnify the Owner and/or Agent for any losses the Owner suffers in the event that the Charterer breaches this covenant. Charterer further agrees to indemnify the Owner and/or Agent from any and all losses, fines, penalties, damage, and any other type of loss, including legal fees and costs through the appellate level, incurred by Owner and/or Agent in defending any action brought against the Owner by a governmental agency, whether local, state, Federal, or foreign as a result of said grounding of the vessel and/or the violation of any and all contraband laws or governmental regulations. The Charterer further agrees to indemnify and save the Owner and/or Agent harmless from any and all liabilities for loss, damage, accident, or injury to himself or third persons, occasioned by the negligence of the Charterer.


7.   BREAKDOWNS 
The Owner agrees that should the Boat, after delivery, sustain a mechanical breakdown to the propulsion system through no fault of the Charterer (the propulsion system defined as the main diesel or gasoline engines, the transmissions, the shafts, the rudders or props including the steering system) for a continuous period of more than forty-eight (48) hours at any time (from the time the Owner is notified), the Owner shall make a pro rata return of hire for the period in excess of aforementioned forty-eight (48) hours that the breakdown renders the Boat unfit for use. However, in the event that the vessel is disabled outside the service area described as U. S. coastal waters from ________(Place), the Charterer agrees to pay for all service related expenses, excluding parts (except when damage is the fault of the Charterer's actions) and the time parameters of this paragraph shall be void. Charterer shall pay for the cost of any unnecessary service calls. In accepting this Boat the Charterer agrees that the Boat is in proper working order and that he/she has checked the Boat to his/her satisfaction. Any incidental breakdowns to Boat equipment other than to the main propulsion system shall not be cause for cancellation of the charter or pro-ration of the Boat fee.

8.   RUNNING EXPENSES 
The Charterer agrees to accept the Boat as delivered as herein before provided and to pay all running expenses during the term of the charter including but not limited to dockage, fuel, oil, water, pump-outs, customs charges, radio telephone expenses, etc.

9.   LIENS 
The Charterer, his agents and employees have no right to power or permit or suffer the creation of any maritime liens against the above named Boat. The Charterer agrees to indemnify the Owner and/or Agent from any charges or losses in connection therewith, including reasonable attorneys fees.

10.   NAVIGATION LIMITS 
The Charterer agrees to restrict the cruising of the Boat to the areas described as from ________(Place) unless herein approved vessels only- additional cruising area limited to (___________________). Traveling outside of restricted cruising limits is reason for default of all security deposits and the U.S. Coast Guard & local authorities will be made aware of violation. The incident will be dealt with as a vessel theft and prosecuted to the extent of the law.

11.   RESTRICTED USE 
The Charterer agrees that the Boat shall be employed exclusively as a pleasure vessel for the sole and proper use of him/herself, family, guests and servants during the term of this charter. The Charterer shall not transport passengers for pay or engage in any trade nor in any way violate the revenue laws, or any other laws of the United States, each and any of the sovereign states, or any other government or jurisdiction whose waters the Boat may be in. If vessel is found or detained in relationship to any illegal operation all funds and deposits will not be returned and chartered is responsible for any additional fees related with safe return of vessel to _____(Place) and any required repairs.

12.   NON-ASSIGNMENT 
.    The Charterer agrees not to assign or sub-charter the Boat without written permission.

13.   DEFAULTS 
It is mutually agreed that should any installment of the charter fees not be paid on the date designated, the Owner shall have the right to cancel the charter, resume possession of the Boat, and retain any moneys previously collected.

14.   CHARTERER'S CERTIFICATION 
The Charterer certifies that he/she is experienced and competent in the handling of a Boat of this type and size, and that he/she has sufficient knowledge of seamanship, piloting, mechanical systems, and rules of the road to safely operate the Boat. Charterer agrees not to allow the operation of the vessel by anyone not so qualified during the term of this charter. If during the checkout procedures, it is determined by the Owner or Owners agent, that the Charterer, in the sole opinion of the Owner or agent, is not qualified to operate the referenced vessel, then the Charterer agrees to employ, at his/her expense, a Coast Guard Licensed Captain to be in charge of the vessel's operation until Charterer is qualified. As an alternative, the Charterer may cancel this agreement and compensate the Owner in the amount of the charter deposit. In no event shall the release of the vessel by the Owner or his Agent constitute a certification by the Owner or Agent regarding the qualifications of the Charterer.

 15.   DIVING AND SWIMMING 
The Owner and insurance underwriters of the Boat accept no responsibility or liability for accidents, injuries or death due to swimming, snorkeling, or the use of SCUBA equipment, or any other water sports equipment, whether or not it is supplied by the Owner or Charterer.

16.   RESPONSIBILITIES 
This charter shall at all times be construed as a BAREBOAT CHARTER. The Charterer assumes all responsibility for any injury, death or property damage. This includes, but is not limited to damage caused to protected marine life as a result of grounding or anchoring, or any other claim of any nature that may arise during the period of the charter or at any time that the vessel is in the custody or under the control of the Charterer. Charterer further agrees to indemnify the Owner and/or Agent against any claims that may arise as aforementioned.

17.   ILLEGAL CONTRABAND/SMUGGLING 
If the Charterer is involved in any illegal form of smuggling or illegal contraband, all monies paid will be forfeited and charterer is subject to penalty at the full extent of U.S. law. If Boat is confiscated or needs to be recovered in a foreign port or location other than home port the Charterer is responsible for all expenses related to vessel recovery.

18.   CANCELLATION POLICY 
It is agreed by both parties that in the event this agreement is canceled by the Charterer more than 60 days prior to the charter period, a cancellation fee of 25% of the charter fee will be forfeited. If canceled 60 days or less prior to charter period, the full charter deposit will be forfeited. The date Owner receives written notification of cancellation will determine cancellation day.

19.   REFUND POLICY 
If Boat is not available for the contracted scheduled date for any reason, the Charterer will receive a prorated refund for every day that vessel is not made available. Charterer also agrees not to make any claims against Owners if vessel is not made available for any reason. If client is required to make unexpected lodging /hotel accommodations related to vessel not being ready for hire on scheduled departure date, Owners is not responsible for any and all incurred expenses caused directly or indirectly by vessel not made ready on contract date. Owners is responsible for deciding if vessel(s) are ready and seaworthy to be chartered by client.


IN WITNESS THEREOF, the parties hereunto have set their hands and seals on the day and year first written above. All parties to this agreement acknowledge that telephone facsimile signatures are binding and enforceable in execution hereof.

CHARTERER: _______________________________
Date: ________________________________________


OWNER: ____________________________________
Date:  _______________________________________

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