Charter Boat Agreement

CHARTER BOAT AGREEMENT

This Charter Boat Agreement (the Agreement) is entered into as of by and between Owner: with principal address at (\"Owner\") and Charterer: with principal address at (\"Charterer\").

RECITALS

WHEREAS, Owner owns or controls the vessel described below and is willing to charter the vessel to Charterer subject to the terms and conditions of this Agreement; and

WHEREAS, Charterer desires to charter the vessel for lawful recreational, sportfishing or commercial purposes as set forth herein and agrees to comply with Owner's rules and applicable law; and

WHEREAS, the parties intend for this Agreement to set forth their full agreement regarding the charter, including payment, operation, insurance, and liabilities.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

1.1 \"Vessel\" means the boat described as: Name/Make/Model: , Registration/Official No.: , and general description:

1.2 \"Charter Period\" means the time period during which Charterer has the right to use the Vessel as set forth in Section 2. 1.3 \"Guest\" means any person invited or permitted aboard the Vessel by Charterer.

2. CHARTER PERIOD

2.1 Charter commences on at and ends on at unless earlier terminated under this Agreement.

2.2 Charterer shall vacate the Vessel promptly at the termination of the Charter Period. Any unauthorized extension shall be subject to additional charter fees at Owner's prevailing rates and may constitute a breach of this Agreement.

3. PAYMENT

3.1 The deposit is due upon execution of this Agreement and is refundable only as provided in Section 4. The balance is due no later than . Failure to pay the balance when due permits Owner to cancel the charter and retain the deposit.

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4. CANCELLATION AND REFUND

4.1 If Charterer cancels more than 30 days prior to the Charter Start Date, Owner shall refund the deposit less reasonable administrative costs. If Charterer cancels within 30 days of the Charter Start Date, the deposit shall be forfeited in full. Owner may cancel for safety, regulatory, or mechanical reasons and, in such case, Owner will refund amounts paid for unused charter time.

4.2 Charters interrupted or shortened by weather, acts of God, governmental action, mechanical breakdown, or other causes beyond Owner's control shall not entitle Charterer to a refund except as provided in Section 4.1 or at Owner's discretion.

5. OPERATION, CREW AND COMMAND

5.1 Owner shall provide a qualified master/captain and necessary crew unless otherwise agreed in writing. Captain shall have sole authority over navigation, safety, and all operational decisions affecting the Vessel and passengers. Charterer and Guests shall comply with the captain's directions at all times.

5.2 Captain provided: . If Charterer furnishes a substitute operator, such operator must be agreed in writing and must hold appropriate credentials and insurance acceptable to Owner.

6. USE, SAFETY AND MAXIMUM CAPACITY

6.1 Charterer shall not permit the Vessel to carry more persons, cargo, or fuel than permitted by law or published Vessel limits. Charterer will ensure all Guests wear life jackets as required and will not permit dangerous activities. Charterer shall be responsible for the conduct of Guests and for ensuring compliance with all safety and navigation rules.

7. FUEL, MOORING AND ADDITIONAL CHARGES

7.1 Fuel included: . If fuel is not included, Charterer shall reimburse Owner for fuel at actual cost plus handling fee. Fuel surcharge per hour/mile:

7.2 Charterer is responsible for docking, mooring, and marina fees incurred during the Charter Period, unless otherwise agreed in writing.

8. DAMAGE, LOSS AND SECURITY DEPOSIT

8.1 Charterer shall be responsible for loss or damage to the Vessel, its equipment, or related property resulting from Charterer's negligence, intentional acts, misuse, or breach of this Agreement. Owner may retain from the security deposit amounts reasonably necessary to repair damage or compensate Owner for loss. If damages exceed the security deposit, Charterer shall promptly pay the excess.

9. INSURANCE AND INDEMNITY

9.1 Charterer shall, at Charterer's expense, obtain and maintain adequate marine and liability insurance covering Charterer's use of the Vessel and naming Owner as an additional insured where applicable. Proof of insurance shall be delivered to Owner prior to embarkation.

9.2 Charterer shall indemnify, defend and hold harmless Owner and Owner's agents, employees, officers and affiliates from and against all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of Charterer's use of the Vessel, including claims by Guests, except to the extent caused by Owner's gross negligence or willful misconduct.

10. LIMITATION OF LIABILITY

10.1 Except for liability arising from Owner's gross negligence or willful misconduct, Owner's liability for any claim arising under this Agreement is limited to direct damages not to exceed the total charter fee paid by Charterer for the charter giving rise to the claim. Neither party shall be liable for special, incidental, consequential or punitive damages, including loss of profits.

11. INSPECTION AND DELIVERY

11.1 Prior to embarkation, Owner and Charterer shall jointly inspect the Vessel and note any existing damage. At the end of the Charter Period, the Vessel shall be returned in substantially the same condition normal wear and tear excepted. Owner may inspect the Vessel during the charter for safety or operational reasons.

12. COMPLIANCE WITH LAW

12.1 Charterer shall comply with all applicable international, federal, state and local laws, regulations, and ordinances while aboard the Vessel, including but not limited to customs, immigration, and fisheries laws. Any fines or penalties resulting from Charterer's failure to comply shall be Charterer's responsibility.

13. NOTICES

13.1 All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be delivered to the addresses set forth below or to such other address as a party may designate by written notice in accordance with this Section.

14. AMENDMENTS; WAIVER; COUNTERPARTS

14.1 No modification or amendment of this Agreement shall be effective unless made in writing and signed by both parties. No failure or delay by a party to exercise any right shall operate as a waiver of that right, and a waiver must be in writing to be effective.

14.2 This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic image or facsimile shall be deemed original signatures for all purposes.

15. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

15.1 This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in that state for resolution of any dispute.

15.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties.

15.3 If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

16. MISCELLANEOUS PROVISIONS

16.1 Assignment: Charterer may not assign or transfer its rights or obligations under this Agreement without Owner's prior written consent. Owner may assign its rights and obligations to a successor owner provided such assignment does not materially increase Charterer's obligations.

16.2 Survival: All representations, indemnities, and obligations which by their nature should survive expiration or termination of this Agreement shall survive.

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