Payment Details: Total Amount: Balance due: Security Deposit:
$10,000, refundable at the time vessel is checked in with no damage.
Excess fuel fee:
Excess fuel will be paid by CHARTERER at a rate of $20/hr for usage in excess of 3 hours per day vessel is chartered.
Customer Information: Name: Address: Phone: Email:
This BAREBOAT CHARTER AGREEMENT, is made as of ______________ by and between NAOS YACHTS, hereinafter called "NAOS" and ___________________ , hereinafter called "CHARTERER." Witnesseth: 1. NAOS hereby agrees to let and demise bareboat and the CHARTERER agrees to hire on a bareboat basis upon the terms and conditions and for the consideration set forth above, the Vessel identified above for a Charter Period commencing at START DATE: END DATE: 2. NAOS warrants that the Vessel, when delivered to CHARTERER, shall be in good seaworthy condition and shall comply with all applicable laws and regulations pertaining to the condition of the Vessel. 3. CHARTERER shall maintain Vessel in good order and condition, reasonable wear and tear excepted. 4. CHARTERER warrants that any skipper hired by CHARTERER will be a qualified, licensed and competent person, who shall be the employee of the CHARTERER, and be responsible for the safe navigation of the Vessel. If the CHARTERER is to operate the Vessel, the CHARTERER certifies that CHARTERER is experienced, licensed, if applicable, and competent in the handling and operation of a Vessel of the type named in this Agreement and that CHARTERER has sufficient practical knowledge of seamanship, piloting, and Rules-of-the-Road to properly exercise full authority over the Vessel. 5. CHARTERER expressly agrees that the operation of said Vessel will be limited to the following areas and waters:
"Inland and Pacific Coastal waters of California and Mexico, including the Channel Islands, neither south of Ensenada, Mexico, nor north of Santa Barbara and no more than 30 miles offshore."
CHARTERER further agrees that the operation of said Vessel be limited to any areas in waters specified in any insurance policy provided pursuant to paragraph 6, and any insurance policy which has been disclosed to CHARTERER prior to execution of this Agreement. 6. Insurance. A. During the Charter Period the Vessel shall be kept insured by NAOS at its expense against hull and machinery and war risks under the form of policy or policies that are available for CHARTERER’s inspection. NAOS and/or insurers shall not have any right of recovery or subrogation against CHARTERER on account of loss of or any damage to the Vessel or her machinery or appurtenances covered by such insurance, or on account of payments made to discharge claims against or liabilities of the Vessel or NAOS covered by such insurance. Insurance policies shall cover NAOS and the CHARTERER according to their respective interests. B. In the event that any act or negligence of CHARTERER shall vitiate any of the insurance herein provided, CHARTERER shall pay to NAOS all losses and indemnify NAOS against all claims and demands which would otherwise have been covered by such insurance. 7.
A. CHARTERER shall indemnify NAOS against any loss, damage or expenses incurred by NAOS arising out of or in relation to the operation of the Vessel by the CHARTERER, and against any lien of whatsoever nature arising out of an event occurring during the Charter Period. If the Vessel be arrested or otherwise detained by reason of claims or liens arising out of her operation hereunder by CHARTERER, CHARTERER shall at CHARTERER’s own expense take all reasonable steps to secure that within a reasonable time the Vessel is released, including the provision of bail. B. If the Vessel be arrested or otherwise detained by reason of a claim or claims against NAOS, then NAOS shall at its own expense take all reasonable steps to secure that within a reasonable time the Vessel is released, including the provision of bail. In such circumstances the NAOS shall indemnify CHARTERER against any loss, damage or expense incurred by CHARTERER (including hire paid under this charter) as a direct consequence of such arrest or detention.
8. Limitations on use. A. CHARTERER agrees that the Vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of himself/herself and guests during the term of this Charter. B. CHARTERER further agrees not to transport MERCHANDISE FOR HIRE or CARRY PASSENGERS FOR HIRE, or engage in any trade, or in any way violate any laws of the United States or of any other government within the jurisdiction of which the Vessel may be at any time during the Charter. C.
ZERO TOLERANCE FOR DRUGS OR CONTRABAND.
(1) 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.
(2) No Weapons. It is also specifically understood that the possession or use of any weapons (including firearms) is strictly prohibited on board the Vessel and failure to comply shall be sufficient reason for NAOS to terminate the Charter forthwith without refund or recourse against NAOS. 9. Liens. CHARTERER shall have no rights, power, or authority to create, incur, or permit to be imposed upon the Vessel any liens or encumbrances of any nature. A fully-executed copy of this Charter Agreement shall be carried aboard the Vessel with the ship's papers at all times during the term of the Charter and shall be exhibited by CHARTERER to any person having business with the Vessel which might give rise to any lien. CHARTERER shall redeliver said Vessel free from any liens incurred as a result of the operation of the Vessel under this Charter Agreement, and shall indemnify and hold harmless NAOS or its agent against any lien not incurred by NAOS or covered by insurance arising out of the possession, use, or operation of said Vessel or by any persons aboard said Vessel by invitation of CHARTERER. 10. CHARTERER shall neither subcharter nor assign this Charter. 11. NAOS shall not be responsible for failure to deliver the Vessel at commencement of the Charter if such failure is caused by reasons beyond the control of NAOS or by reason of said Vessel having been lost or disabled. Should such delivery not be made within one day after specified date, this Agreement may be canceled by CHARTERER and any deposits or amounts theretofore paid on charter hire shall be returned by NAOS to CHARTERER. 10. Any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, must be commenced within one (1) year of the date of this Agreement and shall be determined by arbitration in Los Angeles, California before one arbitrator. Trial by jury is waived. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. The prevailing party shall be entitled to recover from the losing party its reasonable attorneys’ fees and costs incurred in connection with such arbitration. However, no party shall seek arbitration unless the party has first made a good faith attempt (i) to meet and confer with the other party, (ii) to identify and discuss all issues in dispute and (iii) to resolve such issues without arbitration. 12. Governing Law. This Agreement shall be governed by and interpreted according to the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. __________________________________ CHARTERER
13555 Fiji Way Marina del Rey, CA 90292 310-821-8446
Security Deposit Credit Card Payment Authorization Form Here’s How Payments Work: You authorize charges to your Visa, MasterCard, or American Express card.
You will be liable for a security deposit of $10,000, refundable at the time the vessel is finished with it’s check in, after charter damage done and excess fuel used by the Charterer has been accounted for and deducted.
Please complete the information below: I ____________________________ authorize Naos Yachts, Inc. to charge my credit card (full name)
indicated below for a security deposit for payment of my bareboat charter. (amount)
(type of payment)
Billing Address ____________________________
City, State, Zip ____________________________
Cardholder Name _________________________________________________ Account Number
CVV2 (3 digit number on back of Visa/MC, 4 digits on front of AMEX) ______
I authorize the above named business to charge the credit card indicated in this authorization form according to the terms outlined above. This payment authorization is for the type of bill indicated above. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; provided the transactions correspond to the terms indicated in this authorization form.