RECREATIONAL BAREBOAT CHARTER AGREEMENT
BAREBOAT CHARTER AGREEMENT
In consideration of the agreement herein, 100 PRO BOATS LLC (hereafter referred to as the OWNER) does lease to the undersigned (hereafter referred to as the CHARTERER) the Vessel and equipment described herein Booked online or in person with the OWNER or affiliated agent.
MINIMUM AGE OF CHARTERER
The minimum age of the CHARTERER is 21 Years
POSSESSION, RESPONSIBILITY AND CONTROL OF THE VESSEL AND CHARTER
This is a Bareboat Charter Agreement therefore it is mutually agreed to by the Parties that the full possession, control, and responsibility of the Vessel is transferred to the CHARTERER for the charter period. CHARTERER acknowledges responsibility for the safe and proper operation of the craft, and for the safety and welfare of other boaters and persons. It is AGREED AND UNDERSTOOD BY CHARTERER that OWNER shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown, or malfunction of the Vessel. CHARTERER FURTHER AGREES to indemnify and hold harmless the OWNER from, and against all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation, or possession of said rental craft. CHARTERER further agrees to hold the OWNER harmless should loss or damages occur to any of the CHARTERER’s personal property while carried in, or on, the rental craft, including loss or damage caused by fire, water, theft, or any other cause whatsoever.
BAREBOAT CAPTAIN AND CREW
The CHARTERER will furnish its own crew and is responsible for operating expenses for the term of the Charter period. If CHARTERER chooses to utilize the services of a captain, the CHARTERER shall remain responsible for the operation and management of the Vessel, except for the safe navigation of the Vessel, which shall be responsibility of the captain, and the CHARTERER shall abide by the captain’s judgement for Vessel safety regarding sailing, weather, anchorages, and other pertinent matters.
CHARTERER OR A DIFFERENT PERSON FROM CHARTERER GROUP IS CO OR SOLE OPERATOR OF VESSEL
If the CHARTERER or a different person from CHARTERERS Group/Guests is to co or sole operate the Vessel, the CHARTERER and other Operator certifies that CHARTERER and other person operating is experienced, licensed, if applicable and competent in the handling and operation of a Vessel of the type named in this agreement and chartered that CHARTERER has sufficient practical knowledge of seamanship, piloting, and Rules-of-the -Road to properly exercise full authority over the Vessel and is under the command of a competent person. A competent person must have a minimum of two years of experience operating vessels of a similar type and size (within 10 feet) to the Scheduled Vessel, have no marine losses in the last ten years, no violations/suspensions (including auto) in the last five years and no criminal convictions or pleas of no contest ever. The Charterer agrees that the Charterer will not allow the Vessel to be operated by any person not qualified to do so during the Charter Period.
FLORIDA REQUIRED BOATING SAFETY EDUCATION
In order to operate a motorboat of ten (10) horsepower or greater, Florida law requires anyone who was born on or after Jan. 1, 1988 to successfully complete an approved boating safety course and obtain a Boating Safety Education Identification Card issued by the FWC. The Boating Safety Education Identification Card is proof of successful completion of the educational requirements and must be shown at check in.
PLEASURE USE LIMITATION
The CHARTERER agrees that the Vessel shall be used exclusively as a private pleasure Vessel and shall not transport cargo, nor engage in trade, nor violate any laws of jurisdictions where the Vessel may travel, including parks, sanctuaries, and protected areas.
The Vessel shall not navigate beyond the navigation limits set by the OWNER and the Vessel insurer without prior written approval by the Vessel’s insurer, with any additional premium that may be due paid by the CHARTERER.
Current Navigational limits are Latitude 25 North to Latitude 27 North on the Florida East Coast maximum 2 miles offshore including Intracostal, Channels, and Rivers. CHARTERER is not allowed to go through Inlets like Haulover, Boca, Boynton, when currents, wake hight and other weather and sea condittion are to dangerous for a safe passege.
COMPLIANCE WITH LAW
The CHARTERER shall comply and shall ensure that the CHARTERER’s guests comply with the laws and regulations of any country into whose waters the Vessel shall enter during this Agreement.
The CHARTERER shall be liable for fines, penalties, damages, and forfeitures because of negligence or intentional acts of the CHARTERER, the CHARTERER’s guests or invitees, and the CHARTERER shall indemnify, hold harmless and defend the OWNER.
NO PETS WITHOUT WRITTEN CONSENT
The CHARTERER shall ensure that no pets or other animals are brought on board the Vessel without the consent in writing of the OWNER.
The CHARTERER shall ensure that the behavior of the CARTERER and the CHARTERER’s guests shall not cause a nuisance to any person or bring the Vessel in disrepute.
ZERO TOLERANCE FOR DRUGS OR CONTRABAND
The use, transport, or possession of illegal drugs or narcotics, or of any other contraband, or the participation in any other unlawful activity, such as the transport of illegal aliens, is strictly prohibited. The participation in any of these activities by any member or guest of the Carter continues in breach of this Agreement and shall be cause for immediate termination of this Agreement without refund of Charter Fee additional payments made by the CHARTERER.
It is also specifically understood that the possession or use of any weapons (including particularly firearms) is strictly prohibited on board the Vessel and failure to comply shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER.
EXAMINATION AND ACCEPTANCE OF VESSEL
The CHARTERER certifies that the Vessel and Equipment has or will be examined and found acceptable and suitable for the purpose for which the Vessel is chartered before starting the booked charter.
OPERATION IN ACCORDANCE WITH SAFTEY RULES AND REGULATIONS
That CHARTERER will operate the VESSEL in accordance with all SAFETY RULES AND REGULATIONS as posted on the OWNER’s website, offices, and Vessel, AND FURTHER CERTIFIES THAT CHARTERER HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS. That CHARTERER will maintain both craft and equipment in a safe, dependable condition while in CHARTERER’s custody.
The OWNER has the Vessel insured with first-class insurers against all customary risks for a Vessel of her size and type for Bareboat Charter only. The OWNER shall pay the Vessels insurance premium. All such insurances shall be on such terms and subject to such excess (deductible) as are customary for a Vessel of this size and type. Copies of all relevant insurance documentation shall be available for inspection by the CHARTERER prior to the CHARTER on reasonable notice to the OWNER and shall be carried on board the Vessel. The CHARTERER has the sole responsibility and duty to determine whether such insurance coverage and applicable deductibles are adequate and appropriate for the CHARTERER’s purposes and if necessary, arrange for additional coverage at least to the extent of covering liability not included in the OWNERS’s insurance, prior to commencement of the Charter.
MAXIMUM NUMBER OFPERSONS, RESPONSIBILITY FOR CHILDREN AND HEALTH OF THE CHARTERER’S PARTY
The CHARTERER shall not, at any time during the Charter Period, permit more than the Maximum Number of Person on Board of the Vessel. Children and babies are counted as Person (Headcount).
If Children are taken on board, the CHARTERER shall be fully responsible for their conduct, entertainment, and safety. The nature of a charter may render it unsuitable for anybody with physical disability or undergoing medical treatment.
CHARTERER agrees said Vessel will not be occupied by a greater number of persons than is shown in this Agreement, Rinker QX18 8 Person, Rinker Q3 12 Person, Rinker Q5 11 Person, Greenline NEO 12 Person plus crew, Sea Ray 410 Express Cruiser 12 Person plus crew, a Captain or Crew hired independently by CHARTERER is always to include in the total Passenger number unless is says plus crew.
Credit Card or Cash deposit shall be retained by the OWNER as partial compensation and not limited to the deposit amount for failing to return said Charter VESSEL in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken equipment; gas usage, or to be applied to the rental charges upon return of the craft by CHARTERER. The foregoing shall not limit OWNER’s ability to seek its further damages at law or equity. Deposit amounts Rinker QX18 $500, Rinker Q3 $500, Rinker Q5 $700, Greenline NEO $1,000, Sea Reay 410 Express Cruiser $1,500.
Vessel will be delivered with a full tank of FUEL Premium Marine Gas or Diesel. When CHARTERER return’s, OWNER reads the Fuel gauge and will charge for used Fuel. If Fuel Gauge still shows full after return or is not readable, OWNER determines by installed GPS showing, distance and speed of CHARTERERS trip how much Fuel was used. OWNER will refill the Fuel tank with REC90 or Premium Marine Diesel after CHARTERER’s return to the home dock. Fuel Price is Published at the Check into the Charter. Under certain circumstances refilling is allowed by the CHARTERER during his Charter, CHARTERE must show the original Fuel receipt from his refill.
OWNER will charge the CHARTERER for Equipment if missing on return of the Vessel.
Fender $30, Docking Line $30, Live Vest or Throwable $25, Anchor based, and Anchor line/chain based on size $80-$500. Other equipment based on current market price
DAMAGE TO THE VESSEL
OWNER will charge the CHARTERER for Damage which will be calculated based on Contractor’s labor cost and materials. Common damages are Fiberglass, Gelcoat, Windshields, Props, Prop shafts, Skeg, lower outboard unit, Outboard Engine Cowling, Upholstery Bimini top, Arch and more.
OWNER will charge the CHARTERER for Extensive Cleaning from Food, Alcohol and all other kind of beverages, Fishing, Smoking, broken Glass, Shedding Animals, Sand and more. Boats up to 23ft $50 boats over 23ft $100.
GENERAL RULE FOR MISSING EQUIPMENT, DAMAGE TO VESSEL AND CLEANING
The OWNER's time to retrieve lost parts will also be charged. If the Vessel cannot be chartered out on sceduled Charter’s due to the damage, missing equipment and other caused by the CHARTERER, the OWNER reserves the right to claim the loss of income.
In the event the craft is not returned at time specified herein, said CHARTERER agrees to pay for Overtime. Overtime Price equals Rental total price including tax, divided by booked hours times overtime times 1.5 before latest return time and times 3 after latest return time. Example Total rental paid for including tax $800 for 8 hrs scheduled return time is 5PM latest return time is 7PM renter comes back one hour late is $800 divided by 8 equals $100 renter pays times 1.5 $150. Example Total rental paid for including tax $800 for 8 hrs scheduled return time is 6PM latest return time is 5PM renter comes back one hour late is $800 divided by 8 equals $100 renter pays 3 times $300. THE RATE POSTED ON THE BAREBOAT RENTAL AGREEMENT AND PRE-POST INSPECTION SHEET, WHICH LESSEE REPRESENTS TO HAVE READ AND UNDERSTOOD.
REPORT ACCIDENT, MALFUNCTION OR BREAKDOWN
CHARTERER AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF CHARTER VESSEL TO OWNER IMMEDIATELY. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft that CHARTERER will immediately report same to OWNER. Continued use of it shall be entirely at the CHARTERER’s risk and thus CHARTERER assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use.
ABILITY TO PROVIDE A VESSEL
OWNERS ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous CHARTERER, or any other cause beyond CHARTERER’s control.
RIGHT TO CANCEL
OWNER reserves the right to cancel this Agreement due to inclement or impending bad weather.
The rules and regulations contained herein and as posted in the office, on the Vessel, and/or the grounds by the OWNER are for the safety and welfare of all who use the facilities. The CHARTERER certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility to see that his/her family and/or guest(s) will obey the rules.
HOLD HARMLESS CLAUSE
CHARTERER expressly agrees to indemnify and hold OWNER harmless of, from, and against all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of this agreement by OWNER, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by OWNER to recover possession of said Vessel and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county and state of OWNER. This agreement shall be governed by the laws of the state of OWNER.
TERMS AND CONDITTIONS IF UNENFORCEBLE
Should any term or condition of this Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.
TERMS AND CONDITIONS REPRESENTATION
THE TERMS AND CONDITIONS ON BOTH SIDES OF THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN CHARTERER AND OWNER THAT NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT, EXCEPT THAT CHARTERER EXPRESSLY REPRESENTS AND WARRANTS TO HAVE READ AND UNDERSTOOD ALL RATE INFORMATION POSTED ONLINE, IN AGREEMENTS AND OFFICES.