BAREBOAT CHARTER AGREEMENT

Yacht Name: Bella Vita

Owner: Rostom Ramadan/ David Alvarez

Owner Address: 1635 north Bayshore dr Miami FI 33132 PIER 4

Cruising Area: Biscayne Bay

**IMPORTANT**

LATE ARRIVALS / NO-SHOWS: CHARTERS START AND END AT THE SCHEDULED TIME WITH OWNER,

BROKER, CAPTAIN. LATE ARRIVALS MAY RESULT IN REDUCED TIME WITH NO REFUND. NO-SHOW ARE

NON-REFUNDABLE.

** TIPS ARE NOT INCLUDED **

SECURITY DEPOSIT

• Security Deposit Amount: $300 Purpose of the Deposit: In case charterer or guests damage anything onboard. 

The security deposit covers:

• Damage to the vessel or equipment during the rental period.
• Loss or damage of equipment or accessories.
• Additional costs due to vomiting inside the vessel.
• Fines or charges incurred due to violation of local laws or maritime regulations.

If damages are reported, the deposit will be captured and held until an investigation is completed. The Charterer will be notified of any deductions with a detailed breakdown of costs. 

PAYMENT SCHEDULE

All monies are payable to the following Broker of Record's account in cleared funds for immediate onward transmission to the Owner's Representative net of the charter brokerage commission.

The OWNER and the CHARTERER expressly agree that Clauses 1-23 with attached Addendum and Exhibit(s), inclusive, form part of this Agreement, which consists of 6 pages and that signed copies of this Agreement shall be binding.

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WHEREAS, the CHARTERER desires to charter the Yacht from the OWNER, and the OWNER is willing to make the Yacht available to the CHARTERER for such purpose, subject to the terms and conditions contained herein; NOW THEREFORE, in consideration of the premises, the mutual covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Delivery. The OWNER shall deliver the Yacht at the time and place as specified above, in full commission and proper working order, exclusive of crew, outfitted as a yacht of her size, type and accommodations; with full equipment inclusive of that required by law, and fully furnished, including all necessary operating and maintenance stores and supplies, laundry of ship's linens, and seaworthy, clean and in good condition throughout and ready for service.

2. Delay in Delivery. The OWNER shall allow demurrage pro rata to the CHARTERER for any delay in delivery. Should it be impossible for the OWNER to make delivery as stipulated for reasons of force majeure (as defined in Clause 15) and should delivery not be made within 24 hours thereafter or a period equivalent to one-tenth of the charter, whichever period is shorter from the due time of delivery, the OWNER shall be considered in default and the CHARTERER may cancel this Agreement. In such case the OWNER shall immediately refund to the CHARTERER any charter money paid in advance.

 3. Re-delivery. The CHARTERER, at the expiration of this charter, shall re-deliver the Yacht, her equipment and furnishings, free and clear of any indebtedness incurred for the CHARTERER's account to the OWNER at the time and place specified above, in as good condition as when delivery was taken, ordinary wear and tear excepted.

4. Delay in Re-Delivery and Indemnification. If the Yacht is not re-delivered within the charter period, or any proper extension thereof, for reasons attributable solely to the CHARTERER, then for each period of 24 hours, or portion thereof, of delay in re-delivery as aforesaid, the CHARTERER shall pay to the OWNER a sum equal to the charter hire divided by the number of days (period of 24 consecutive hours, or portion thereof) comprised in the charter period, subject to the OWNER's right to recover further additional loss or damages, if any, thereby sustained. The CHARTERER shall indemnify and hold harmless the OWNER against and from any and all liability to third parties for loss or damage attributable to the CHARTERER's acts or omissions. If re-delivery of the Yacht is delayed by reason of force majeure, re-delivery shall be affected as soon as possible thereafter and the Agreement shall remain in effect with no penalty against the CHARTERER. If the CHARTERER elects to re-deliver the YACHT before the expiration of the charter for reasons not attributable to the OWNER, the CHARTERER shall not be entitled to any return of any charter hire.

5. Breakdown or Disablement after Delivery. If the Yacht, after delivery, sustains breakdown of machinery or is disabled or damaged by fire, grounding, collision or causes other than force majeure so as to prevent the CHARTERER's use of the YACHT for a period of not less than 24 consecutive hours at any time, the same not being brought about by any act or default of the CHARTERER, the OWNER shall make a pro rata return of the charter hire to the CHARTERER of such period in excess of such 24 hours the Yacht shall be disabled or unfit for use. Provided, however, that in case the Yacht is lost or the damage is so extensive that the Yacht cannot be or is not repaired within 48 hours, the same not being brought about by any acts or defaults of the CHARTERER, then charter hire shall be abated pro rata and charter money paid in advance shall be rebated pro rata from the time of such occurrence, and the CHARTERER shall have the right to terminate this charter.

6. Insurance. The OWNER warrants that the Yacht is insured against fire, marine and collision risks, hazards to the voyage, including all engine, hull and yacht equipment, for any and all casualty and loss or damage that may occur to or be suffered by the Yacht for the full term of the charter including any proper extension thereof. Said policies of  insurance are to be held by the OWNER.

Cancellation insurance and curtailment insurance are not included under the terms of this Agreement.

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The interest of the CHARTERER may not be covered under the liability portion of the Yacht's insurance policy.

The CHARTERER should determine whether any such insurance coverage and applicable deductibles are adequate and appropriate for the CHARTERER's purposes and, if necessary, arrange for additional coverage prior to the start of the charter period. If the CHARTERER chooses to arrange for separate or supplemental insurance in addition to any insurance provided by the OWNER, the same may be arranged at additional cost to the CHARTERER.

7. Running Expenses. The CHARTERER shall accept the Yacht delivered as hereinbefore provided and pay all running expenses in advance during the term of the charter.

8. Liens. The CHARTERER, and the CHARTERER's agents and employees, have no right or power to permit or suffer the creation of any maritime liens against the Yacht, except for crew's wages and salvage. The CHARTERER agrees to indemnify the OWNER for any charges or losses in connection therewith, including reasonable attorneys' fees.

9. Taxes. Any and all taxes imposed on this charter period are the responsibility of the CHARTERER, and the CHARTERER shall indemnify and hold harmless the OWNER, the Broker of Record and the Owner's Representative against and from any liability for such taxes, including associated penalties and interest.

10. Restriction of Use. CHARTERER warrants that the Yacht shall be employed exclusively as a pleasure yacht for the sole and proper use of himself, his crew, his family, guests, employees and servants, during the term of this charter and shall not transport merchandise or carry passengers for hire, or engage in any trade nor in any way violate the revenue laws of the United States, or any other Government within the jurisdiction of which the Yacht may be at any time, and shall comply with the law in all respects. The CHARTERER shall insure that the behavior of the charter party shall not cause a nuisance to any person or bring the Yacht into disrepute. The CHARTERER shall be liable for fines, penalties, damages and forfeitures as a result of negligence or intentional acts of the CHARTERER, guests or invitees and the CHARTERER shall indemnify, hold harmless and defend the OWNER, Broker of Record and the Owner's Representative for such acts. The use, transport or possession of illegal drugs or narcotics, including marijuana, or of any other contraband, or the participation of any other unlawful activity, the transport of illegal aliens, is strictly prohibited and constitutes a breach of the Agreement and shall be cause for immediate termination of the charter without refund of the charter fee and any additional payments made by the CHARTERER and with no recourse against the OWNER.

It is also specifically understood that the possession or use of any weapons (including particularly firearms) is strictly prohibited aboard and failure to comply shall be cause for immediate termination of the charter without refund of the charter fee and any additional payments made by the CHARTERER with no recourse against the OWNER.

11. Non-assignment. The CHARTERER agrees not to assign this Agreement or sub-charter the Yacht without the consent of the OWNER in writing.

12. Cancellation by the CHARTERER. In the event of notice of cancellation of this Agreement on or at any time prior to the commencement of the charter period by the CHARTERER, or, should the CHARTERER fail, after being given written notice to pay any amount due under this Agreement, the OWNER shall be entitled to treat this Agreement as having been repudiated by the CHARTERER and to retain all payments due. Notwithstanding the OWNER's right to receive or retain all payments referred to above, the OWNER shall be under a duty to mitigate his loss and in the event that the OWNER is able to re-charter the Yacht for all or part of the charter period under this Agreement, the OWNER will give credit for the net amount of charter hire arising from the rechartering after deduction of all commissions and all other consequential expenses arising from such re-chartering.

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The intention is that the OWNER shall receive the same in net proceeds from any re-chartering as would have been received under this Agreement. The OWNER shall endeavor to re-charter the Yacht and shall not unreasonably withhold his agreement to re-charter, although charters which may be reasonably considered detrimental to the Yacht, its reputation or its schedule, may be refused.

13. Cancellation by the OWNER. If prior to the start date of the charter period, the Agreement is cancelled in writing by the OWNER, all monies paid shall be refunded in full forthwith to the Broker of Record for onward transmission to the CHARTERER and the OWNER shall have no further liability whatsoever to the CHARTERER. Notwithstanding the above, at the CHARTERER's option, the CHARTERER may appoint the Broker of Record to procure the charter of a replacement yacht of similar or superior standard and condition for the charter. If a suitable replacement Yacht is found, a new agreement shall be prepared and this Agreement cancelled. The CHARTERER is not obligated to accept a replacement yacht. In either event, the OWNER shall pay the commissions forthwith on this Agreement.

14. Sale of the Yacht. The OWNER agrees not to sell the Yacht during the charter. If the OWNER agrees to sell the Yacht prior to the start of the charter, the OWNER shall immediately give notice of such sale in writing to the Broker of Record for immediate notification to the CHARTERER. If the Yacht is sold, one of the following provisions shall apply:

A.) Written cancellation of this Agreement shall be provided by the OWNER without delay. The OWNER shall arrange for the buyer to take over this Agreement and perform the charter on the same terms and conditions either by assignment of this Agreement or way of a new charter agreement between the CHARTERER and the buyer. If the charter is to be taken over by the buyer on the same terms and conditions there shall be no penalty against the OWNER and no additional commissions shall be due. In such case the OWNER shall have no further liability whatsoever to the CHARTERER or to the Broker of Record.

B.) If the buyer is unwilling or unable to fulfill the Agreement, the OWNER hereby appoints the Broker of Record to procure the charter of a replacement yacht of the same or superior standards and condition for the charter upon the same terms as this Agreement. If a suitable replacement Yacht is found, a new agreement shall be prepared, the OWNER shall pay any difference for the mutually agreed substitute yacht, and this Agreement shall be cancelled in writing by the OWNER without delay. The OWNER shall pay the commissions due on this Agreement.

C.) If the OWNER is unable to procure a similar or superior yacht for the use of the CHARTERER on the same terms of this Agreement, or should the CHARTERER reject the proposed replacement yacht (the CHARTERER shall not unreasonably reject a substitute yacht of the same or superior standards), then this Agreement shall be considered as having been cancelled by the OWNER in accordance with Clause 13. The OWNER shall pay the commissions due on this Agreement.

15. Force Majeure. In this Agreement "force majeure" is defined as any cause directly attributable to acts, events, nonhappenings, omissions, accidents or Acts of God, beyond the reasonable control of the OWNER or the CHARTERER (including, but not limited to, strikes, lockouts or other labor disputes, civil commotion, riots, blockade, invasion, war, fire, explosion, sabatoge, storm, collision, grounding, fog, governmental act or regulation, major mechanical or electrical breakdown beyond the crew's control and not caused by either the OWNER's or the CHARTERER's negligence).

16. Broker of Record Fee. The OWNER and the CHARTERER recognize the Broker of Record as the sole Broker of Record in connection with this Agreement, and the OWNER agrees to pay said Broker of Record the mutually agreed charter brokerage fees in connection with said charter, any extensions, renewals, subsequent charters and/or inconnection with the subsequent purchase of the Yacht by the CHARTERER within a period of two years from the end date of the charter. It is further agreed by the OWNER and the CHARTERER that once this Agreement has been signed by both parties and the agreed deposit of the charter fee has been paid, the said Broker of Record shall have no further obligation or responsibility in connection herewith to either party.

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17. Disbursement of Charter Net. The charter fee shall be disbursed to the OWNER as follows: 50% net of commissions on the start date of the charter 50% balance on the first business day following the end date of the charter

18. Confidentiality. The parties shall keep the terms and conditions of this Agreement in strict confidence and therefore shall disclose no information concerning this Agreement to any third party, except as required by law.

19. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or with the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, such arbitration to be held in Fort Lauderdale, Florida, unless another place is mutually agreed upon. Judgment upon any award reached by the arbitrator(s) may be entered in any court having jurisdiction thereof.

20. Entire Agreement. This Agreement constitutes the entire agreement among the parties and it supersedes any prior agreement or understanding among them, oral or written, all of which are hereby canceled. This Agreement may not be modified or amended other than by a written document signed by both parties.

21. Amendments. Except as otherwise provided herein, the provisions hereof may be amended, supplemented, waived or changed, only by a writing that makes specific reference to this Agreement and is signed by the party as to whom enforcement of any amendment, supplement, waiver or modification agreement is sought.

22. Attorneys' Fees. In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover all of its costs incurred in such action, including reasonable attorneys' fees.

23. Binding effect. All of the terms and provisions of this Agreement, whether expressed or not shall be binding upon, inure to the benefit of, and be enforceable by the parties and their representatives, heirs, and permitted assigns. Any rights given or duties imposed upon the estate of a deceased party shall inure to the benefit of and be binding upon the fiduciary of such decedent's estate in his fiduciary capacity.

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ADDENDUM

A.) Maximum 12 guests on board while cruising at any time.

B.) Smoking permitted in designated areas only.

C.) Pets allowed in designated areas only.

D.) Children must be under the supervision of an adult in the charter party at all times.

E.) Jet skies, kayaks, paddleboards, dengue or any other watersports equipment/watercraft are NOT

induded on the rental.

F.) The parties acknowledge that this is a contract.

G.) Late arrival of charterer will not alter end time of this charter

H.) No cooking onboard allowed, just microwave reheating of already prepared frozen food

Subject to the terms and conditions of the OWNER's yacht insurance policy the interest of the CHARTERER - Is not covered as an additional insured The CHARTERER is responsible for obtaining any and all applicable travel visas and documents. The Security Deposit, if applicable, shall be held by the 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 shall be made within five (5) business days of the end date of the charter period.

YACHT CREW SELECTION AND OTHER CONSIDERATIONS

 Yacht Name: Bella Vita 50' Cruisers Yacht

 Yacht Captain (Contractor) & Crew Services Agreement

The Parties agree as follows:

• The CONTRACTOR: shall provide the following crew for the Charter period: A USCG licensed Captain and, if requested, a steward for guest services. The CREW shall provide a good knowledge of applicable waters. If children are taking on board, no member of the CREW shall be held responsible for their conduct and entertainment.
• Payment: The CHARTERER shall pay CONTRACTOR the amount of $75.00 per hour for CREW on the signing of this agreement.
• Refund: if prior to the end of the charter period the event is terminated by any cause which has not been brought about by any act or default due to the CHARTERER, the CONTRACTOR shall refund a prorated portion of the payment.
• Captain's Authority: The Captain shall act at the CHARTERER's direction. However, the Captain shall not be bound to comply with any order or request which, in the reasonable opinion of the Captain, could jeopardize the safety of the VESSEL or those on board, or divert from the assigned trip.
• Drugs: The CONTRACTOR and CHARTERER shall insure that the CREW and Guests do not use illegal drugs on board the VESSEL.
• Governing Law: The construction, performance and validity of this contract shall be governed by and construed in accordance with the laws of the State of Florida. The Parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of Miami-Dade County, Florida.

PRE-INSPECTION SURVEY OF VESSEL BEFORE CHARTER TRIP

• Boat's deck, topsides, cockpit. All parts that are reasonably accessible will be inspected.
• Deck and deck core: Inspection includes visual examination for damages, burns or deepscratches.
• Deck fittings such as cleats and chain plates: have been inspected for soundness, water-tightness and miscellaneous damage and wear.
• Hatches, lockers and lazarettes: are inspected for fit and operation, signs of damage, excess caulking that could indicate prior repairs, stress cracks, and wear and tear. Transom.
• Rails, lifelines, pulpit, stanchions, cleats, fairleads, winches. Helm station.
• The boat's interior
• Finish Conditions Galley: Stove, oven, refrigeration, sink and faucet all in good working order.
• Sleeping accommodations, furnishing, doors, drawers, larches, interior storage areas in good conditions.
• Engine and Engine room:
• Engine bed and mounts, Drive train in good conditions.
• fuel, oil, coolant fluids at proper levels and exhaust in good conditions. No oil leakage.
• Bilge and bilge pumps all in good working order
• Fuel system, including tank and mounts, fuel lines, filter and shutoff valve and gages in good working order.
• Marine sanitation system, including holding tanks must be empty and in good working order with discharge valve in closed position.
• Water tanks, including mounts, hoses and shore connections must be full of water at departure.
• Rudder: easy smooth rudder motion, check for looseness or wear in the hinges and for signs of water seepage into the rudder itself.
• Autopilot proper functioning.
• Structurel integrity: no water intake
• Anchors and ground tackle in good working order.
• Overall cosmetic condition and finishes of gel coat. Overall maintenance.
• Boat Electrical System (both AC and DC), power supply and circuits must be installed in compliance with safety requirements and sond practices and must function properly.
• Plumbing:
• Seacocks: operational with free movement when opening or closing.
• Head: toilet, sink, faucet, shower, drain, pump all in good working order.
• Taps: interior and exterior taps, faucets and sprayers must operate properly with no leakage.
• Hoses, screens, strainers with no cracks or brittle. Must be in good conditions.
• Safety equipment: The presence and condition of:
• PFDs (personal flotation devices) in quantity for all passengers and crew
• Fixed and portable fire extinguishers
• Visual distress signals as per regulations
• Sound-producing devices (audible signals), horn, whistle and bell.
• Navigation lights all working
• Engine exhausts blowers and engine room ventilation all working
• Oil discharge and garbage disposal placards found
• Any auxiliary safety equipment, such as smoke detectors, carbon monoxide detectors and first aid kits
• Ship's papers, documentation (if documented), vessel registration and hull numbers.

REPORT OF ANY DEFICIENCES OR CONCERNS

ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND LIABILITY WAIVER AND RELEASE AGREEMENT IN CONSIDERATION of being allowed to participate in the boat charter and/or water sports events and activities and/or being provided with water sports recreational property or services for myself and/or my minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, persona! representatives or assigns:

ACKNOWLEDGMENT OR RISKS

I fully acknowledge that some, but not all, of the risks of participating in the boat rental and/or water sports activity to which I am about to engage include (1) changing waterflow, tides, currents, wave action, and ships' wakes; (2) collision with any of the following: other participants, the water craft. other water craft, and manmade or natural objects; (3) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (4) my sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (5) collision, capsizing, sinking or other hazard which result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (6) the presence of insects and marine life forms; (7) equipment failure or operator error; (8) heat or sun related injuries or illness, including sunburn, sunstroke or dehydration; (9) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident.

CONTRACTUAL/EXPRESS ASSUMPTION OF RISK ANDRESPONSIBILITY

I fully agree to assume all responsibility for all the risks of this activity to which I am about to engage, whether identified above or not. (I FULLY UNDERSTAND THAT IN UNDERTAKING THIS ACTIVITY THERE MAY EVEN BE RISKS WHICH ARISE FROM OR AS A RESULT OF THE NEGLIGENCE OF BELLA LINA YACHT INC., VENETIAN MARINA & YACHT CLUB, ITS OPERATORS, AGENTS, CONTRACTORS, SUBCONTRACTORS, MECHANICS, AND EMPLOYEES. I RELEASE THEM FROM ALL SUCH RISKS OF THE ACTIVITY, AND ASSUME MYSELF SOLE RESPONSIBILITY FOR SAME.) My/our participation in this activity is completely voluntary.

I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am

legally responsible, extends to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while I/we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO FULLY ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE; EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSES IN WHOLE OR IN PART BY THE NEGLIGENCE OF BELLA LINA Yacht INC., VENETIAN MARINA & YACHT CLUB, ITS OPERATORS, AGENTS, CONTRACTORS, SUBCONTRACTORS, MECHANICS, AND EMPLOYEES.

I fully understand that BELLA LINA YACHT INC., VENETIAN MARINA & YACHT CLUB has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree to these conditions. BELLA LINA YACHT INC., VENETIAN MARINA & YACHT CLUB have made no representations to me, implied or otherwise, that they or their OPERATORS, AGENTS, CONTRACTORS, SUBCONTRACTORS, MECHANICS, AND EMPLOYEES, SERVANTS OR ASSIGNS can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid, I would like assistance and will not hold BELLA LINA YACHT INC, VENETIAN MARINA & YACHT CLUB, ITS OPERATORS, AGENTS, CONTRACTORS, SUBCONTRACTORS, MECHANICS, AND EMPLOYEES, SERVANTS OR ASSIGNS responsible for their actions in attempting the performance or rescue of first aid.

I have read this assumption and acknowledgment of risks and release of liability agreement. I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document, I am waiving valuable legal rights including any and all rights I may have against the owner, the operator named above, or their employees, agents, servants or assigns.

I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THIS ACTIVITY TO HOLD HARMLESS AND INDEMNIFY BELLA LINA YACHT INC, VENETIAN MARINA & YACHT CLUB, ITS OPERATORS, AGENTS, CONTRACTORS, SUBCONTRACTORS, MECHANICS, AND EMPLOYEES, SERVANTS  OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILD OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).

I HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT, FROM THE DATE OF

MY SIGNATURE, FOREVER INTO THE FUTURE.

GOVERNING LAW AND JURISDICTION

This agreement shall be governed by the laws of the State of Florida and the federal regulations of the United States. Any dispute arising from this contract shall be resolved in the competent courts of Miami-Dade County, Florida.

ENTIRE AGREEMENT 

This document constitutes the entire agreement between the parties and supersedes any prior agreements or communications, whether oral or written. Any modifications to this contract must be made in writing and signed by both parties.

Owner/ Rep - First & Last Name: Rostom Ramadan / David Alvarez