1) Under the Bareboat Charter Agreement (the "AGREEMENT") involving the Boat Owner ("OWNER") and client (CHARTERER), the OWNER hereby agrees to let and demise bareboat of the said Vessel and the CHARTERER agrees to hire on a bareboat basis upon the terms and conditions and for the consideration hereinafter set forth in this AGREEMENT. In addition, the proposed route/area of travel will be limited to the Chicago River, the "Playpen", and any distance on Lake Michigan within 10 nautical miles of the Port of Delivery or Docking Harbor. The OWNER warrants that the Vessel, when
delivered to the CHARTERER, shall be in good seaworthy condition and shall comply with all applicable laws and regulations pertaining to the conditions of the Vessel.
2) PAYMENT TERMS: As consideration for use of Vessel and in accordance with the AGREEMENT, the CHARTERER shall pay a 100% deposit of the "Total Amount" due at signing in order to confirm this AGREEMENT. Payment may be accepted via check, direct deposit, wire transfer, Zelle, Venmo, and/or major credit card. CHARTERER authorizes OWNER to charge a valid credit card on file and/or collect additional funds from the CHARTERER for
any of the following instances, as caused by the CHARTERER and/or the CHARTERER'S guests':
1) Damage to the vessel
2) Damages to the head (toilet)
3) Excessive cleaning
4) Missing and/or damaged equipment
5) Damages caused by smoking inside the cabin and/or burn marks
3) CHARTERER shall maintain Vessel in good order and condition, reasonable wear and tear excepted. CHARTERER shall not be responsible for repairs to VESSEL except to the extent that the need for such repairs arises from the negligence or willful misconduct of the CHARTERER it's employees, invitees, passengers, or guests. OWNER agrees to furnish any necessary maintenance materials needed by the CHARTERER in order for the CHARTERER to fulfill its obligation to maintain Vessel in good order and condition. The OWNER agrees to make any repairs needed to keep Vessel in good seaworthy condition and in compliance with all applicable laws and regulations to the extent the need for such repairs does not arise from the negligence or willful misconduct of the CHARTERER, its employees, invitees or guests. The Vessel shall be subject to inspection at any reasonable time by the OWNER or its agent and the CHARTERER agrees to survey and complete a pre & post-inspection sheet of the vessel upon its delivery and return.
4) The CHARTERER is free to either provide their own competent captain and crew and/or hire one. When hiring a captain, the CHARTERER is free to hire whomever they wish and may select a captain from a list provided by the owner or they may pick a captain of their own choosing that is not on the list. The CHARTERER warrants that the captain and crew hired by the CHARTERER will be a qualified and competent person (a competent person must have a minimum of two years of experience operating vessels of a similar size to the Scheduled Vessel, have no marine losses in the last ten years, no violations or suspensions in the last five years and no criminal convictions or pleas of no contest ever.), who shall be an employee of the CHARTERER, and be responsible for the safe navigation of the Vessel. Furthermore, the U.S. Coast Guard is mandated by law to enforce vessel inspections, documentation, and crew credentialing requirements, such that the Vessel is compliant with 46 U.S.C. § 2101; 8902-8903. To comply with U.S. Coast Guard regulations for bareboat charters, the CHARTERER must take full control and possession of the Vessel such that the CHARTERER must select a captain (outside of the OWNER of the Vessel) and agrees to pay associated hourly captains fees. If full possession and control of the Vessel, along with selection of the captain, is not retained by the CHARTERER, such violations are subject to civil penalties. See 46 U.S.C. § 3318, 8906. As they are employees of the CHARTERER, the CHARTERER may dismiss the captain and crew without permission/referral from the owner. It is unlawful for any person, including the Captain, to operate the Vessel while under the influence of, or in possession of drugs, alcohol, marijuana, or any illegal substances.
5) Neither the OWNER, its agents, the Vessel, nor the underwriters of any of the foregoing shall have any responsibility or liability for any claim involving damage to or loss of any cargo or equipment carried by the Vessel; or for any injury, illness, disease or death of employees and/or guests of CHARTERER, its subcontractors, or their employees or agents; and the CHARTERER shall defend, indemnify, and hold harmless the OWNER, its agents, the Vessel, the captain and crew, and the underwriters of each of the foregoing from and against any such claim, whether groundless or not, and whether caused in whole or in part by the negligence or faults of indemnities or by unseaworthiness of the Vessel or equipment of the OWNER, OWNER'S property, and OWNER'S sub-contractor's property. CHARTERER acknowledges that it is in their best interest and responsibility to obtain liability insurance.
6) CHARTERER agrees not to have more than twelve (guests) on board while the vessel is docked, underway, or anchored. Further, the CHARTERER agrees that the Vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of itself, the CHARTERER, its employees, invitees, passengers, or guests during the term of this Charter. CHARTERER 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 CHARTERER shall have no power or authority to incur or permit the Vessel upon any liens. CHARTERER further agrees to having no rights, power, or authority to incur or permit to any liens upon the Vessel. CHARTERER shall not sub-charter or assign command of the OWNER's vessels without written consent from the OWNER.
7) The CHARTERER, its employees, invitees or guests agree to conduct the Charter in a manner that is appropriate for the Vessel and in full compliance with any and all applicable laws, codes, rules, and regulations having jurisdiction over the Vessel during the term of use.
8) The OWNER 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 the OWNER. Further, the OWNER shall in no event be liable for operational limitations of the Vessel, including weather related instances. If weather does not permit, such that the desired route/area of travel is deemed "un-charterable," the OWNER and its employees will work with the CHARTERER in temporarily postponing and/or rescheduling the charter. The ability to deem the desired route/area of travel as "un-charterable," is at the sole discretion of the OWNER, if prior to departure.
9) All cancellation requests are subject to a non-refundable 3% cancellation fee. All cancellation requests made 14 days or more of your charter date are eligible for a full refund, less the non-refundable 3% cancellation fee. Cancellations made within 13 days of your charter date are subject to a 50% refund, less non-refundable 3% cancellation fee. Cancellations made within 3 days of your charter date are subject to a 0% refund. All requests for cancellations made within the 14 day window must be made in writing via email to [email protected] by the CHARTERER.
10) The CHARTERER is responsible for the costs of fuel. The cost of fuel is included in the "Total Amount" due.
11) This AGREEMENT shall be construed in accordance with the admiralty and maritime laws of the United States of America and the State of Illinois.