Bareboat Agreement
This agreement made on the * between High Seas LLC, Agent of the vessels _Schaefer_ of an overall length of about * feet, (hereinafter “owner”) and *(herein after “Charterer”).
Departure port and return: *
Dock of Departure: *
Destinations: *
No. of passengers: *
TERM, HIRE AND PAYMENTS:
1. In consideration of the covenants herein after contained and upon receipt of the charter deposit here in after contained and upon receipt of the charter deposit herein referenced. The owner agrees to let, and the Charterer agrees to hire vessel:
From: *
Time: *
To: *
Time: *
Total amount due: *
Payment methods: *
I agree and understand that payment is not made in full at the signature of this document dates will remain open and not secured.
BAREBOAT CHARTER:
2. This charter shall at all times be construed as a BAREBOAT CHARTER. The Charterer assumes all responsibility for any injury, death, or property damage. This includes but is not limited to damage caused to protected marine life as a result of grounding or anchoring, or any other claim of any nature that may arise during the period of the charter or at any time that the vessel is un the custody or under the control of the charterer. Charterer further agrees to indemnify the Owner and / or Agent against any claims that may arise as
aforementioned.
DELIVERY:
3. High Seas LLC agrees to deliver in full commission and in proper working order to the Marina at of before the time and place specified in Paragraph. Should it be impossible for the owner to make delivery as stipulated, and should such delivery not be made for any reason, then this agreement may be canceled by the Charterer and any money paid shall be returned to the Charterer without further liability for the owner. In this event, Owner.
REDELIVERY:
4. The charterer agrees to return the vessel to the dock above stipulated, at or before the time and date specified in paragraph. The charterer further agrees to redeliver the vessel, her equipment, and furnishings, free and clear of any indebtedness incurred by the charterer or for the charterer account, or for the Owner’s / Agent account unless said indebtedness incurred for the owner shall be pursuant to written authorization by the owner. Charterer shall redeliver the vessel at expiration of charter in as good condition as was taken. But should it be impossible for the charterer to make redeliver of the vessel as stipulated, he shall pay demurrage pro rata to the owner for the time that such delivery was delayed as well as the Owner’s cost incurred as a result of said recovery or abandonment, except in the event of total loss or serious damage to the vessel, in which event the rights of the parties shall be determined by paragraph 8. Overnight charters, the charterer must refuel the vessel to the same fuel level that the vessel had at the time of delivery.
BREAKDOWNS:
5. The Owner agrees that should the vessel, after delivery, sustain a mechanical breakdown to the propulsion system through no fault of the Charterer (the propulsion system defined as the main diesel or gasoline engines, the transmissions, the shafts, the rudders or props including the steering system) for a continuous period of more than forty-eight(48) hours at any time (from the time the Owner is notified), the Owner shall make a pro rata return of hire for the period in excess of aforementioned forty-eight (48) hours that the breakdown renders the vessel unfit for use. However, in the event that the vessel is disable outside the service area described a U.S. coastal water of Puerto Rico and BVI, the Charterer agrees to pay for all service-related expenses, excluding parts (except when damaged is a fault of the Charterer actions) and the time parameters of this paragraph shall be void. Charterer shall pay for the cost of any unnecessary service calls.
In accepting this vessel, the charterer agrees that the vessel is in proper working order and that he/she has checked the vessel to his/her satisfaction. Any incidental breakdowns to vessel equipment other than to the main propulsion system shall not be cause for cancellation of the vessel or pro-ration of the vessel fee. All payments are not refundable.
ADDITIONAL CONDITIONS:
6. CHARTERER agrees to limit the total number of passengers on board per VESSEL to twelve (12). CHARTERER will defend, indemnify, and hold harmless OWNER for any violation of the of this Section 6.
DAMAGE DEPOSIT:
7. If anything is damaged, charterer will pay immediately of notification of the Owner (CASH or EQUIVALENT) against any loss or damage, excessive cleaning, or cost associated with abandonment and/or any intentional or unintentional damage may be charged.
RESPONSABILITIES:
8. The Charterer will maintain proper levels of engine oil, transmission oil and engine coolant. The Charterer will be held responsible for any damage to the Vessel due to negligence, misuse, or lack of proper maintenance. Any damage to or problems with the Vessel will be reported immediately to High Seas LLC. representative in Puerto Rico, who will arrange for any and all servicing and repairs. If client does not report damage immediately it is violation of this agreement and will be interpreted and client being less, then truthful about circumstance.
INSURANCE:
9. The Owner agrees to keep the vessel fully insured against fire, damage, marine collision, risk, hazard of the voyage, including engine, hull, and vessel equipment for the term of the charter period. During the charter period and any extension thereof, the Charterer shall be liable for any loss, damage, or injury that may be fault of, or occasioned by the negligence of the Charterer, his guest, or servants. In case of any accident or other disaster, the Charterer shall give the Owner prompt of said loss. The Owner insurance policy does not cover Charterer’s protection and indemnity during the charter period. However, this coverage may be obtained for a nominal cost at the Charterer expense.
DAMAGE DEPOSIT:
10. If anything is damaged, charterer will pay immediately of notification of the Owner (CASH or EQUIVALENT) against any loss or damage, excessive cleaning, or cost associated with abandonment and/or any intentional or unintentional damage may be charged.
INDEMNIFICATION:
11. The Charterer agrees to be solely responsible for all damage caused as result of the grounding of the vessel, or any damage related to abuse or mistreatment of the vessel or engines during the charter period, or extension thereof.
The Charterer has been informed by the Owner of the U.S. Coast Guard policy of ZERO TOLERANCE of drugs aboard and warrants to the Owner that there will be no illegal drugs or other contraband brought aboard at any time during the charter period or extension thereof. The Charterer further agrees to fully indemnified the Owner and/or Agent for any losses the Owner suffers if the Charterer breaches this covenant. Charterer further agrees to indemnify the Owner and/or Agent from any and all losses, fines penalties, damage, and any other type of loss, including legal fees and cost through the appellate level, incurred by the Owner and/or Agent in defending any action brought against the Owner by a governmental agency, whether local, state, federal or foreign as a result of said grounding of the vessel and / or the violation of any and all contraband laws or governmental regulations. The charterer further agrees to indemnified and save the Owner and / or Agent harmless from any and all liabilities for loss, damage, accident, or injury to himself or third persons, occasioned by the negligence of the Charterer, invites or persons on the vessel during the period in the first paragraph of the agreement.
RUNNING EXPENSES:
12. The Charterer agrees to accept the vessel as delivered as herein before provided and to pay all running expenses during the term of the charter included but not limited to dockage, fuel, oil, water, pump outs, custom charges, radio telephone expenses, etc.
LIENS:
13. The Charterer, his agents and employees have no right to power or permit or suffer the creation of any maritime liens against the above-mentioned vessel. The charterer agrees to indemnify the Owner and / or Agent from any charges or losses in connection therewith, including all attorney fees.
NAVIGATION LIMITS:
14. The Charterer agrees to restrict the cruising of the vessel to the destination described above. Violation of this limit shall be considered as a theft of the vessel and treated accordingly. Charter agrees that all navigation limits are subject to weather, and Owner does not guarantee destination. Charterer shall not make open water crossing when “small craft warnings” are in effect. Be it further understood that motoring or sailing at night, except in emergency situations (anchor dragging, storm, hurricanes, etc.), is specifically prohibited; night being defined as dusk to dawn. These nighttime restrictions are not applicable to Coast Guard licensed captains.
RESTRICTED USE:
15. The Charterer agrees that the vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of him/herself, family, guest and servants to accept the vessel as delivered as herein before provided and to pay all running expenses during the term of this charter. The Charterer shall not transport passenger for pay or engage in any trade nor in any way violate the revenue laws, or any other laws of the United States, each and any of the sovereign states, or any other government or jurisdiction whose waters the vessel may be in. If vessel is found or detained in relationship to any illegal operation all fund and deposits will not be returned, and charterer is responsible for any additional fees related with safe return of vessel to Puerto Rico and any required repairs.
NON-ASSIGMENT:
16. The Charterer agrees not to assign or sub-charter the vessel.
DEFAULTS:
17. It is mutually agreed that should any installment of the charter fees not to be paid on the date designated, the Owner shall have the right to cancel the charter, resume possession of the vessel, and retain any moneys previously collected.
CHARTERER CERTIFICATION:
18. The Charterer certifies that he/she is experienced and component in the handling of a vessel of this type and size, and that he/she has sufficient knowledge of seamanship, piloting mechanical systems, and rules of the road to safely operate vessel. Charterer agrees not to allow the operation of the vessel by anyone not so qualified during the term of this charter. If during the checkout procedures, it is determined by the Owner or Owner’s agent, that the Charterer, in the sole opinion of the Owner or agent, is not qualified to operate the referenced vessel, then the charterer agrees to employ, at his/her expense, a Coast Guard Licensed Captain to be in charge of the vessel’s operation until Charterer is qualified. As an alternative, the Charterer may cancel this agreement and compensate the Owner in the amount of the charter deposit. In no event shall the release of the vessel by the Owner or his Agent constitute a certification by the owner or Agent regarding the qualification of the Charterer.
DIVING AND SWIMMING:
19. The Owner and insurance underwriters of the vessel accept no responsibility or liability for accidents, injuries or death due to swimming, snorkeling, or any other water sports equipment, whether or not is supplied by the Owner or Charterer.
ARBITRATION AND LITIGATION:
20. Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settle by arbitration in accordance with the rules of the Arbitration Association, said arbitration to be held Puerto Rico. Judgement upon any award reached by the arbitrators may be entered in any court having jurisdiction thereof. Any litigation arising out of or un any way related to this agreement or charter will be held only in San Juan, PR. Charterer further agrees to pay reasonable attorney’s fees incurred by the Owner and / or Agent in enforcing the provisions of this agreement.
RESIDENT AGENT:
21. The Charterer hereby appoints the Secretary of the State of Puerto Rico as his agent to receive Service of Process in the event that suits is filled by the Owner against the Charterer.
CANCELLATION POLICY:
22. It is agreed by both parties that in event this agreement is cancelled all amounts paid will be nonrefundable. An alternate date should be chosen upon vessel availability.
ELECTRONICAL FUNDS TRANSFER INFORMATION:
Name: High Seas LLC
Routing number: 021502011 (BPPR)
Bank account: 048486795
Physical Address:
Urb. Villa del Carmen
O8 Calle 14
Gurabo, PR, 00778
*If fraud alert is presented by our payment software, authorities immediately be notified. In witness thereof, the parties hereunto have set their hands and seals on the day and year first written above. High Seas LLC. must receive all the payment listed above.
X ![]()
*
FULL NAME: * *
EMAIL ADDRESS: *
PHONE NUMBER: *
GOVERNMENT-ISSUED ID NUMBER: *
EMERGENCY CONTACT: * *
PHONE NUMBER: *
You must have this document available during the Charter period. It may be digital or printed.