ACCOUNT SUMMARY: For John Doe as of 10/16/2012 YACHT: 2009 Jeanneau 50Ds 3 Cabin CHARTER DATES: Noon 10/21/2012 to Noon 10/29/2012.
ABOVE THE WATERLINE AND INVENTORY CASH SECURITY DEPOSIT BELOW THE WATERLINE SECURITY DEPOSIT 2% HULL DEDUCTIBLE: TENDER & OUTBOARD DEDUCTIBLE: LIABILITY INSURANCE DEDUCTIBLE: POLLUTION INSURANCE DEDUCTIBLE
$ $ $ $ $ $
600.00 1500.00 11000.00 8500.00 2500.00 2000.00
THE ABOVE THE WATERLINE AND INVENTORY SECURITY DEPOSIT OF $600 IS PAID IN CASH OR TRAVELERS CHECKS UPON BOARDING. THE BELOW THE WATERLINE SECURITY DEPOSIT (VESSEL, TENDER AND OR OUTBOARD) OF $1500 IS TAKEN AT CHECK-IN BY A PRE-AUTHORIZATION OF YOUR CREDIT CARD. WE ACCEPT VISA/MASTERCARD ONLY AND CARD MUST BE IN SAME NAME AS THE CHARTER CONTRACT. MY INITIALS IN THIS SPACE ACKNOWLEDGE THIS: ________________________
BAREBOAT CHARTER AGREEMENT
THIS BAREBOAT CHARTER AGREEMENT ("AGREEMENT") made 10/16/2012, by and between J & J Yacht Services, LLC, a corporation organized under the laws of the Virgin Islands of the United States dba CYOA Yacht Charters, as the exclusive agent ("AGENT") of the 2009 Jeanneau 50Ds 3 Cabin ("YACHT"), and John Doe of Anytown, TX ("CHARTERER"). Upon acceptance by CHARTERER, AGENT will surrender care, custody and control of the YACHT to CHARTERER. CHARTERER is considered the MASTER of the YACHT, regardless of any requirement by AGENT for CHARTERER to employ a Sailing Guide, and is fully and solely responsible for the YACHT and related equipment and inventory, tender, outboard engine, guests, passengers, navigation, provision of navigational charts and equipment and all running expenses.
TERM & HIRE In consideration of the covenants hereinafter provided, the AGENT agrees to rent and the CHARTERER agrees to hire the aforesaid YACHT for time period specified above for the total sum of US $4250.00, ("FEE"). PAYMENTS 50% of said FEE will be paid as a reservation deposit ("DEPOSIT"), with this AGREEMENT; and the balance, along with full and final payment for any and all extras, shall be payable, in St. Thomas, on 9/6/2012 (45 days prior to commencement of Charter). All payments called for in this paragraph shall be made in US Dollars, in cash or check drawn on a US Bank, and forwarded to AGENT at: 3562 Honduras #4, Frenchtown Marina, St. Thomas, VI 00802-5741.
REFUNDS & CANCELLATION The DEPOSIT and any subsequent payments are non-refundable except as provided for below. Cancellations must be made in writing to AGENT. Upon receipt of written or faxed notice of cancellation, refunds, if any, will be made as follows: Cancellations received in writing more than 91 days in advance of the charter departure date will result in a full refund of all moneys paid, less a US$300 processing charge plus 10% of any amount charged to a credit card; cancellations received in writing less than 90 days in advance of the charter departure date will result in forfeiture of all moneys paid. Trip insurance is available and recommended to protect your payments. AGENT and OWNER assume no responsibility for weather conditions that may arise during the term of this AGREEMENT. This AGREEMENT will remain in full force and effect regardless of weather conditions before, during or after the period of this AGREEMENT. DELIVERY AGENT agrees to deliver the YACHT in full commission and in proper working order, outfitted as a yacht of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and domestic equipment; staunch, clean and in good condition and ready for service. AGENT agrees to allow demurrage, pro rata to the CHARTERER for any delay in delivery, beyond four (4) hours. Should it be impossible for the AGENT to make delivery as stipulated, and should such delivery not be made within 24 hours thereafter, then this AGREEMENT may be canceled by written notice to AGENT, and any money paid in advance shall be returned to CHARTERER within 14 days of the receipt of such notice. ACCEPTANCE CHARTERER certifies that he will examine the YACHT and her equipment and inventory before departure, and will be satisfied that the YACHT is staunch and strong and properly outfitted for a YACHT of her size and accommodation and for the intended use and notify AGENT, in writing, of any damages or shortages noted before departure. Departure constitutes acceptance of full and complete performance by AGENT. CHARTERER understands and agrees that arrivals after 3PM, at the yacht being chartered, may, at the sole discretion of the AGENT, require a next day departure from the charter base. NOTIFICATION In the event of any occurrence, collision or accident, release of pollutant or disaster during the term of this AGREEMENT CHARTERER will give prompt written notice to AGENT of such event and agrees to cooperate and comply fully with any requirements of local, territorial or federal authorities and/or the insurance policy underwriters with respect to such occurrence, accident, release of pollutant or disaster. INSURANCE CHARTERER shall be liable to the AGENT and OWNER for all sums not covered by insurance for any damage, or loss, sustained to the chartered YACHT and/or her contents, tender, outboard engine and related equipment or to another person or another person's property while the YACHT is under the control of CHARTERER. Deductible amounts are a “sum not covered by insurance”. AGENT represents that OWNER maintains fire, marine collision, pollution and third party property and indemnity insurance on the YACHT to include CHARTERER as additional insured. Such extension of coverage is subject to all applicable terms, exclusions and other conditions of the policy, including its' stated maximum limits of liability, exclusions and deductible amounts for a specific type of coverage. REDUCTION OF DEDUCTIBLE AGENT offers and CHARTERER is required by AGENT to purchase a DEDUCTIBLE REDUCTION AGREEMENT(“DRA”) to reduce CHARTERERS financial obligation for the deductible amount on the Hull, save and except the first $500 of loss or damage to the vessel and or inventory above the waterline AND $1500 damage to the vessel below the waterline. AGENT offers and CHARTERER is required by AGENT to purchase a DRA to reduce CHARTERERS financial obligation for the $8,500 deductible amount on the Tender & Outboard, save and except the first US$100 of loss or damage to the Tender and or inventory above the waterline AND $1500 damage to the Tender or Outboard Engine below the waterline. It is agreed and understood that the CASH security deposit is payable in CASH or Traveler’s Checks prior to boarding and is returned at the end of the charter upon completion of the vessel return procedures, including a sail check and a dive check. The Credit Card Pre-Authorized Below the Waterline Damage Deposit of $1500 is released after the end of charter return procedures, including dive check are completed. REDELIVERY & LIENS CHARTERER agrees to redeliver the YACHT, her equipment and furnishings, tender and outboard engine free and clear of any indebtedness incurred by CHARTERER, to the charter base in the same condition as when accepted, ordinary wear and tear, and any loss or damage for which the CHARTERER is covered by his purchased RD, as set forth above, excepted. CHARTERER agrees to pay demurrage to AGENT at the rate of US$1,500 per day, or portion thereof, for each and every day yacht is detained beyond the date agreed to for return, above, unless AGENT has agreed, in writing, to a pro rata extension of the term of this AGREEMENT or in the event of total loss or serious damage to YACHT, in which event the rights of the parties shall be determined by the other terms of this AGREEMENT. CHARTERER does not have any right, power or authority to create, incur, or permit to be imposed upon the YACHT any liens whatsoever. CHARTERER agrees to notify any person furnishing repairs, supplies, towage or other necessaries to the YACHT of the reservation of authority to incur liens.
Page 1 of 2
DELAYS The AGENT agrees that should the YACHT, after delivery, sustain breakdown or be disabled or damaged, through no fault of CHARTERER, preventing the use of the YACHT by the CHARTERER for more than six hours the AGENT shall make a pro rata return of FEE to the CHARTERER (Six (6) hour delay policy is applicable between 9AM and 4PM, Sundays and government holidays excluded). Provided, however, that in case the YACHT is lost or said damage is so extensive that the YACHT cannot be or is not repaired within 48 hours, then the CHARTERER shall have the right to terminate this AGREEMENT and the FEE shall be abated pro rata, from the time of notification to the AGENT. Should the YACHT be driven into port or anchorage by stress of weather or from illness, or accident, to the CHARTERER, or to members of his party or crew, or in the event the YACHT sustains breakdown or damage resulting from negligent action, or inaction, by CHARTERER then time so lost or expenses incurred shall be at the CHARTERER'S expense. RUNNING EXPENSES AGENT will provide included towels, bunk sheets and pillow cases, stove and engine fuel. Water and engine fuel tanks will be full at the start of the charter. CHARTERER agrees to pay all running expenses after commencement and during the term of the charter including ice, fuel, oil, food, and other consumable goods, pilotage, port charges, fines, and provisions for himself and party, unless these have been ordered and paid for through AGREEMENT with AGENT. CHARTERER is responsible, physically and financially, for returning the YACHT with full fuel and water tank(s). LIMITATIONS ON USE CHARTERER agrees to restrict the cruising of the YACHT to the hours of the day from ONE HOUR AFTER SUNRISE TO ONE HOUR BEFORE SUNSET. The sailing area shall be restricted to the US and British Virgin Islands, except the island of St. Croix in the USVI and the island of Anegada and its surrounding shoals in the BVI. AGENT will supply a written list of areas that are “out of bounds” and CHARTERER agrees that any violation of this list will result in the automatic forfeiture of any reduction in deductible amount(s) that were agreed to when the required DR was purchased. CHARTERER agrees that the YACHT shall be employed exclusively for pleasure purposes for the sole and proper use of himself, his family, guests and servants during the terms of this AGREEMENT, and shall not transport merchandise or carry passengers for pay, or engage in trade nor in any way violate the Revenue Laws of the United States or of any government within the jurisdiction of which the YACHT may be at any time, and shall comply with the law in all respects. No goods, documents, drugs, or persons shall be carried that would involve risk of seizure, capture or repatriation by any government, the CHARTERER agrees not to permit any other party to operate the YACHT unless the written permission of the AGENT is obtained in advance. No dogs, cats or other pets shall be taken aboard the YACHT. INDEMNITY Notwithstanding any other terms and provisions contained herein, CHARTERER acknowledges that he is not the agent, servant or employee of OWNER or AGENT in any way whatsoever and that OWNER and AGENT shall not be responsible for any injuries or damages to, or caused by, CHARTERER or any member of his party, including any sailing guide or crew employed by CHARTERER. CHARTERER agrees to indemnify and hold harmless AGENT and OWNER from any and all losses or damage to third persons caused by him or any of his party and / or sailing guide and crew. CHARTERER shall keep the YACHT in good running order and condition and in substantially the same condition as when received from AGENT, reasonable wear and tear excepted. AGENT and OWNER accept no responsibility for anyone aboard for accident, injury or death, due to any cause whatsoever arising out of the use of the YACHT, including but not limited to sailing, powering, towing or use of any equipment aboard, or any other equipment whether or not it is provided by the AGENT. CHARTERER further agrees to hold the AGENT and OWNER harmless from any liability whatsoever in connection with scuba or skin diving, snorkeling, swimming or similar activities or the use of allied equipment whether or not it is supplied by AGENT or others. AGENT and OWNER accept no responsibility for any allegedly defective condition of the YACHT limited to, outboard motor, dinghy, fuel, water, ice, provisions, or beverages.
CREW CHARTERER shall be solely responsible for procuring and compensating his own crew. The AGENT may, at its sole and absolute option, require a “Sailing Guide” on board the YACHT to assist the CHARTERER, if in AGENT'S opinion the CHARTERER is deficient in training, experience, or ability to safely undertake the proposed voyage. The period that a Sailing Guide will be required for will be determined by the AGENT. CHARTERER is not responsible for any loss or damage directly caused or incurred by a required “Sailing Guide”. CHARTERER'S AUTHORITY OVER CREW It is mutually agreed and it is the intent of the parties hereto that the AGENT relinquishes possession, command, and navigation of the YACHT to the CHARTERER, and that full authority regarding the management of the YACHT is hereby transferred to the CHARTERER for the term of this AGREEMENT.
It is further mutually agreed that although the CHARTERER shall have possession, command, responsibility for navigation, and full control over the YACHT, if a “Sailing Guide” is required by the AGENT, as provided herein, the CHARTERER shall rely upon the “Sailing Guide” for professional guidance in the safe navigation of the YACHT. The “Sailing Guide” is responsible to the CHARTERER for the safe navigation of the YACHT, and is the sole judge as to whether it is reasonable or prudent to sail at any given time, having regard to the state of the weather and the surrounding circumstances, and also as to whether any specified anchorage is reasonably safe. But subject to the above, the “Sailing Guide” shall obey all reasonable orders of the CHARTERER and do their best to sail the YACHT into such safe ports and places as the CHARTERER may desire to visit.
LIMITATION OF OWNER'S AND AGENT'S LIABILITY In the event a “Sailing Guide” shall be required by AGENT, as herein above provided, the AGENT shall exercise reasonable care in the selection of such “Sailing Guide”, but shall not hereafter be responsible for any injuries suffered by the CHARTERER, his party, or crew either in person or property, by reason of the negligence of the “Sailing Guide” or of any person or persons employed by the CHARTERER on or about the YACHT. NON-ASSIGNMENT The CHARTERER agrees not to assign this AGREEMENT or sub-charter the YACHT without the consent of the AGENT in writing. CONTRABAND & SMOKING No contraband substances are permitted aboard the YACHT. Use or possession of contraband substances, by CHARTERER or any member of his party or crew, shall result in the immediate termination of this AGREEMENT and forfeiture of FEE without recourse. CHARTERER is fully responsible for any costs associated with any boarding or seizure of YACHT, including, but not limited to, lost charter revenue. AGENT will report any violation of this clause to the appropriate authorities. Smoking is not allowed below decks. If it is determined that smoking, of any kind, occurred below decks the CASH Damage Deposit of $600 will be forfeited. __INITIAL: ________
REFUSE, GARBAGE & VI CODE TITLE 12 COMPLIANCE CHARTERER agrees that refuse shall not be thrown or allowed to fall overboard and that all garbage will be deposited in appropriate containers. No oil, spirits, inflammable liquids or contaminated bilges shall be discharged into VI Territorial waters in accordance with Title 12, Chapters 7 and 17 of the VI Code. All laws and regulations with regard to marine sanitary devices shall be complied with. CHARTERER’S CERTIFICATION CHARTERER, if he is to operate the YACHT himself, certifies that he is experienced and competent in the handling and operation of a yacht of the type named in this AGREEMENT and that he has sufficient practical knowledge of seamanship, piloting and the Rules of the Road and agrees that he will not allow the YACHT to be operated by anyone not so qualified during the term of this AGREEMENT. The CYOA Client Responsibility Agreement, that is executed at the base prior to boarding, is an integral part of and an agreed addendum to this Bareboat Charter AGREEMENT, with all terms responsibilities set forth therein being accepted by the parties hereto as if they were disclosed herein – a copy, for prior review, is included with this contract. ARBITRATION Any controversy or claim arising out of or relating to this AGREEMENT, or the breach thereof, shall be settled by arbitration, in the Virgin Islands of the United States, in accordance with the Rules of the American Arbitration Association. The CYOA Yacht Operations Manual is an integral part of and an agreed addendum to this Bareboat Charter AGREEMENT, with all terms responsibilities set forth therein being accepted by the parties hereto as if they were disclosed herein. If any provision of this AGREEMENT or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this AGREEMENT and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.
Page 2 of 2
J & J Yacht Services, LLC dba CYOA Yacht Charters