YACHT CHARTER AGREEMENT
This Yacht Charter Agreement ( the “Agreement”) is entered into by and between Believe Tours Chicago (“Owner”), and The”Charterer”(Listed Below), for a “Yacht charter”(Listed Below) on “Yacht Rental Date”(day of charter) aboard Believe Chicago, effective this “Agreement Date and Time”. AGREEMENT AND DEPOSIT The executed Agreement and deposit must be returned to Believe Chicago or Believe Tours Chicago agent, before the charter booking can be confirmed. The deposit required is 25% of the estimated charter fee, unless otherwise arranged with Owner. The deposit is non-refundable except under the following circumstances: • The vessel becomes unfit for charter; • If a single-day charter is canceled more than 7 days prior to the commencement of the charter or if a multiple-day charter is canceled more than two weeks after the commencement of the charter and a cancellation confirmation number has been provided. • Up to a maximum of 100% if a multiple-day charter is canceled at least one week before the charter, and a cancellation confirmation number has been provided. • Owner agrees in writing that a refund should be made. • Extreme weather conditions prohibit the ability to fulfill the charter agreement.
PAYMENT
Final payment is due to make you a full reservation prior to the charter. The fee for this charter is: [Listed in Invoice and Booking Information] Price includes: Yacht, local fuel , clean fee. Meeting location: 31st Harbor BOARDING TIMES Charterer shall be present and ready to board at least thirty (30) minutes prior to the scheduled departure time, to allow for the loading of provisions, instructions from the Captain and other matters. Owner will supply instructions as to the time and place of the board.
DEMISE/BAREBOAT CHARTER
This is a demised charter and Charterer agrees to operate said vessel lawfully and in a safe and seaworthy manner. Charterer shall conform to all laws and regulations. Charterer agrees to indemnify, protect, defend, and hold harmless the Owner, the vessel, its registered owner, its master and crew, and their respective underwriters from and against the results of any breach by chartered of the obligations or any other obligations imposed by law upon the Charterer. The Charter shall maintain the vessel in good repair and maintain all classification, certificates, or certificates of inspection in full force and effect during the entire course of the charter. A. Charterer shall provide and pay for the master and crew of the vessel. The Charterer shall select and direct said master and crew. The duties of the crew shall be directed and controlled solely by the Charterer. The master of the vessel shall serve at the discretion of the Charterer. The Charterer shall review and evaluate each licensed officer as to his ability and skill in the position employed and assure the Owner as to the qualifications of the chief engineering staff.
Neither the Owner, its officers, directors, employees, the vessel, her owner, operators, 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 of Charterer, its subcontractors, or their employees or agents; and Charterer shall defend indemnify and hold harmless Owner its officers, directors, employees, the vessel, its owner, operators, master, 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 Owner, Owner's property and Owner's sub-contractors' property. C. Neither Owner nor Charterer shall be responsible hereunder for prospective profits or for special, indirect or consequential damages. D. Neither the Owner nor the Charterer shall not create, incur, or permit any liens to be imposed upon any vessel chartered under this agreement.
VESSEL DISABILITY
Should the vessel, during the period of this charter, be lost, stranded or disabled due to an act of God, fire, peril of the sea or other unavoidable accident rendering the vessel unfit for use for the purpose of this charter and not brought about, in whole or in part, by the act or failure to act of the Charterer, this charter shall cease from the time thereof and neither party shall be liable for loss, damage, expense or inconvenience resulting therefore. Should the vessel suffer a mechanical failure that cannot be rectified within four (4) hours, the Charterer may cancel this charter and receive a refund on a pro-rata basis. NO RESPONSIBILITY FOR INJURY AND OTHER LOSSES Charterer recognizes and accepts the risk that is inherent in any boating activity, and expressly holds Believe tours (“Owner”), the Vessel, including her owners harmless from any injury or loss of life resulting from the use of the vessel or any of the facilities offered unless solely caused by the vessel’s Captain’s gross negligence or intentional act. All passengers are advised to seek medical attention should they have any concerns regarding motion sickness and to carry on board any prescribed treatment as per the section on DRUGS, below.
DAMAGE TO VESSEL
Charterer shall be responsible for and shall replace or pay for any damage to the vessel, furnishings, fittings, and equipment, caused in whole or in part by himself or any member of his party. This includes the leaving behind of possessions, clogged head systems and lost halyards and lines. The vessel shall be surrendered free of any indebtedness that may have incurred for the account of the Charterer for any reason. DRUGS Use or possession of any and all illegal or illicit drugs, as may be defined from time to time by government regulations, on board the vessel is strictly prohibited and shall result in the immediate termination of the charter with the forfeit of all monies paid. Furthermore, the Charterer and all members of his party shall be put ashore at the first available port, with any expenses or damages caused by such dismemberment to be borne solely by Charterer and party members. Any prescription medicines must be in the original container obtained from the pharmacy or shall be accompanied by the prescription itself. THIS IS A ZERO TOLERANCE VESSEL.
ALCOHOL
The crew has the absolute authority to determine, at his sole discretion, that further imbibing may impede the safety or comfort of the passengers, the crew or the vessel. Notwithstanding his authority, at no time does the Captain or Owner have any responsibility or duty to determine whether a passenger is under the influence of alcohol or to take any action regarding the use of alcoholic beverages. At no time may Charterer or any member of his party serve any alcoholic beverages to those who are under the legal age. Smoking is prohibited in the aft port corner when the boat is moving and when Boat is at anchor on the swim platform only. Charterer hereby agrees to pay for all cleaning costs associated therewith if damages result from smoking that occurs during this charter. CHARTERER AGREES TO PAY FOR ANY SMOKING DAMAGE TO SEATS OR BOAT. RE-UPHOLSTERY OF SEATS CAN BE VERY EXPENSIVE $500-$1000. Charterer Initials
CHILDREN
Children are welcome on board; however, the crew cannot take any responsibility to watch over them. Children under the age of fourteen (16) must be under the direct supervision of a parent or guardian at all times.
CATERERS
At the request of Charterer a Catering company may bring food to the boat. Food must be of the type that is usual and custom for a charter. Ideally finger foods. No uncooked foods allowed. Charterers are not allowed to cook food while onboard. COAST GUARD Charterer is advised that the U.S. Coast Guard has wide latitude to board the vessel and conduct various searches, pursuant to government rules and regulations. Full and complete cooperation with Coast Guard requests is expected of Charterer and their party. Page 3 CAPTAIN’S AUTHORITY Charterer agrees that the Captain has full and complete authority concerning the wellbeing of the passengers, crew, vessel and the vessel’s owners, and may take any and all actions that in his sole discretion are advisable to ensure said wellbeing, including, but not limited to, requiring Charterer and all members of his party to immediately go ashore at the first available port, with any expenses or damages caused by such dismemberment to be borne solely by Charterer and party members. I have read and understand the Agreement.
BAREBOAT CHARTER AGREEMENT ADDENDUM
Yacht Name: Believe Chicago Charterer: “The Charterer” The parties agree to the following: a) Maximum number of 12 guests on board while cruising at any time (13 including charterer) b) Smoking is not allows on the vessels. c) There are no pets allowed on the vessel d) Children must be under the adult supervision of the charter party at all times e) The parties acknowledge that this is a contract that can be transmitted by them by facsimile machine and the parties intend that a faxed contract containing the original and/or copies of the parties signatures constitute a binding agreement. Late arrival of the charterer will not alter the end time of the charter f) red wine or liquor than cause stains is not allowed g) No cooking allowed on board. PAGE 4 INSURANCE: Subject to the terms and conditions of the yacht owner’s insurance policy the interest of the charterer is not covered as an additionally insured. Insurance is obtained by the charterer at least to the extent of covering liability not included in the owners insurance. 1) During the Charter Period the Vessel shall be kept insured by OWNER at its expense against hull and machinery and war risks under the form of policy or policies that are available for CHARTERER’s inspection. OWNER 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 OWNER covered by such insurance. 2) In the event that any act or negligence of CHARTERER shall vitiate any of the insurance herein provided, CHARTERER shall pay to OWNER all losses and indemnify OWNER against all claims and demands which would otherwise have been covered by such insurance. 7. Indemnity. 1) CHARTERER shall indemnify OWNER against any loss, damage or expenses incurred by OWNER 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. 2) If the Vessel be arrested or otherwise detained by reason of a claim or claims against OWNER, then OWNER shall at its own expense take all reasonable steps to ensure that within a reasonable time the Vessel is released, including the provision of bail. In such circumstances the OWNER 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. 1) 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. 2) 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. Insurance information acknowledged by charterer
The charterer is responsible for any and all travel visas and documents. Security deposit is to be held by the owner or owner’s representative and may be used in or towards any liability that the charterer may incur under any terms and conditions of this agreement. Any refund must be made within (5) five business days of the end date of the charter period.
WATER TOYS INDEMNIFICATION FORM YACHT
BELIEVE TOURS Date: / / OWNER: BELIEVE TOURS OWNER'S REPRESENTATIVE/Agent: CONTRACTOR or Name of Third Party : CONTRACTOR'S REPRESENTATIVE: CAPTAIN:YACHT MANAGER If Any: I agree to release, indemnify, and hold harmless the yacht, the owner, the owner’s representative/Agent, contractor, contractor’s representative, captain and yacht manager named above, their employees and agents and the yachts crew (together the indemnified parties) against any form any claim or cause of action for injury, death, or any damage, due to active or passive actions by the indemnified parties or otherwise , arising from, or related to, My use of the yacht’s water toys, (including, without limitation to, lily pad for an extra fee of $125.) now or hereafter. I recognize the use of such water toys involves certain dangers, including equipment failure, adverse sea and weather conditions, and negligent acts of fellow users. I specifically assume all such risks. I represent and warrant to the indemnified parties that: • That I am physically fit to operate water toys, I have no heart, lung or medical problems that might be aggravated by participating in such activities. • I will not operate the water toys under the influence of alcohol, any illegal drug or any other medication that will adversely affect my ability to operate the water toys. • I will inspect all water toys to be used by me regardless of who owns them. • I am aware the yacht has limited medical capabilities, and that in the event of my injury or illness, the crew must summon medical assistance. Accordingly, any required treatment will be delayed until medical assistance arrives or I can be moved to the appropriate medical facility, which may be a great distance from the yacht. I HAVE READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY. I AGREE TO THE TERMS AND CONDITIONS ABOVE, WHICH SHALL BIND ME, MY HEIRS, AND MY PERSONAL REPRESENTATIVES..
LIST OF CAPTAINS TO CHOOSE FROM Yacht Crew selection and other considerations Charterer will hire his/her own crew AT CHARTERER OWN EXPENSE & CHARTERER has/will pay crew directly, on separate yacht services agreement and has chosen the following qualified skipper: (A separate crew agreement shall be signed with master selected by charterer) Charterer is free to discharge or fire the Captain or Crew at any time. The CREW works for the Charterer not the owner. YOU ARE FREE TO CHOOSE ANY CAPTAIN YOU WANT AND TAKE AS MUCH TIME AS YOU NEED
MY SELECTION WAS MY OWN FREE WILL I WAS NOT STEERED TOWARDS ANY ONE SPECIFIC CAPTAIN. MULTIPLE CAPTAINS WERE MADE AVAILABLE TO ME AT COMMENCEMENT Charterer may elect a qualified Captain of his or her choice not listed above however, an additional insurance certificate shall be required for the full value of the vessel. (See insurance addendum) Maximum of 12 passengers (Inc. children and infants) on board while cruising at any time not counting Charterer, as Charterer is not considered a passenger under Federal law. (See Bareboat chartering 101 printout bullet printout #5 in the boarding binder) Max 12 people MAX if Charterer is onboard otherwise 12 MAX if Charterer is not onboard. charterer agrees to NO SHOE POLICY while on board vessel no smoking. There are no pets allowed on the vessel E. Children must be under the supervision of an adult of the charter party at all times. F. no cooking or BBQ allowed on board.
NO STANDING ON THE SEATS
YACHT SERVICES AGREEMENT Charterer is free to discharge or fire the Captain or Crew at any time. This Date(”Yacht Rental Date”) Yacht name BELIEVE TOURS CHICAGO Length 51’ Flag US SEA RAY Captain Selection: “Captain Name” (write in name of Captain selected by Charterer) Start time/date End time / date Cruising area Contractor / Captain 10:00AM-2:00PM Charterer “Yacht Name”- Yacht Services fee Listed in the Invoice SPECIAL CONDITIONS: The Charterer shall remit an advance provisioning allowance (APA) to pay expenses incurred aboard during the charter shall be charged at cost to the charterer. The Master shall use these funds to pay for but not limited to: 1. Replacement of fuel and lubricants to the yacht, its tenders and watersports equipment. 2. Food and beverage 3. Harbor and pilotage fees, water, electricity and other costs. 4. Customs formalities and airport transportation 5. Personal laundry and any personal supplies that may be required or requested. 6. Crew food and beverage A crew gratuity of between 10-20% of the full charter rate is customary, but at the charterer’s sole discretion, CONTRACTOR / Captain ”Captain Name”date July 21st 2024 CHARTERER “The Charterer” date JULY 21ST 2024 Whereas the charterer has agreed to charter the yacht under a separate bareboat charter agreement wherein it is the charterer’s obligation to staff the said yacht with a competent master and crew. Page 8 Vessel Survey Vessel Name:
ADDENDUM –VESSEL SURVEY
Believe Tours Chicago the owner of the vessel completely and exclusively relinquishes possession, operation, maintenance, command, and navigation of the vessel: “BELIEVE CHICAGO”, to the Charterer for the duration of the charter as per the contract. The Charterer hereby assumes complete possession and operational control of the vessel and assumes the rights and liabilities of ownership for the vessel during the charter period. Charterer acknowledges the following: •The captain and crew are selected and paid by the Charterer –see crew employment contract •All food, provisions and running expenses are paid by the Charterer •All port charges are paid by the Charterer •Any damages incurred during the charter period will be charged to the Charterer’s credit card •Additional time overage will be billed at $350 per hour and charged to the Charterer’s Credit card. The Charter accepts the vessel in its current condition and agrees to return the vessel in the same condition. Vessel survey: Accept Pre-Charter Delivery: Date: “Agreement Date and Time” Time survey was done (must be right before boat leaves dock):”Agreement Date and Time”