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CHARTER AGREEMENT BAREBOAT
Key West, FL

This Bareboat Charter Agreement (sometimes referred to as the “AGREEMENT”) made on the date below is between the Owner of the YACHT set forth herein [referred to as “YACHT OWNER”] and Sail Away LLC in partnership with Sail Away Key West [referred to as “SAIL AWAY”] (collectively referred to as “Owner”) and the Charter Client (referred to as “CHARTERER”)

 

1. The YACHT OWNER agrees to bareboat charter the YACHT to the CHARTERER, who agrees to take the YACHT for hire for the above charter period [the “CHARTER”]. Reservations require a deposit of 50% of the charter fee with the balance due 30 days prior to the charter period. There will be a $50 service charge for any returned checks. All charters must be reserved and paid for in full prior to the arrival of the CHARTERER and his/her/its Guests [“CHARTER GUESTS”].

 

CANCELLATIONS:

2. The CHARTERER can always reschedule a CHARTER for later in the sailing season (within one year) with no penalty and any funds paid will be applied to the new CHARTER. Cancellations received more than 30 days prior to the start date of the CHARTER will receive a full refund, less a $350 cancellation fee. If cancellation occurs less than 30 days, but more than a week prior to the CHARTER, the CHARTERER will receive a full refund, less a $750 cancellation fee. Charters cancelled within a week of the start date of the CHARTER will forfeit all funds.

 

3.  If it is deemed unsafe to go out due to weather on the day, or any day, of the CHARTER, the Owner may cancel the CHARTER and all monies will be refunded, or the CHARTERER can reschedule the CHARTER for another date during the calendar year.

 

4. SAIL AWAY reserves the right to cancel the CHARTER if it is deemed that the YACHT, the CHARTERER, the CHARTER GUESTS, or hired crew, are at risk of harm due to intoxication, reckless actions, or aggressive behavior (whether verbally or physical) of the CHARTERER, or the CHARTER GUESTS.

 

5.  Owner strongly recommends purchasing cancellation/trip insurance in case unforeseen circumstances occur. SAIL AWAY offers information on outside trip insurance providers upon request OR the CHARTERER may purchase cancellation protection from SAIL AWAY for an additional 15% of the base charter rate. If cancellation/trip insurance is purchased, the CHARTERER can cancel the reservation for any reason giving 48 hours’ notice without penalty, and will receive a full refund of all funds paid, including tax and any additional options selected. The 15% cancellation protection fee is not refunded under any circumstances once paid.

 

DAMAGE AND LOSS:

6. The YACHT OWNER agrees to maintain marine hull liability insurance on the YACHT during the charter period, subject to a deductible, against Fire, Marine, and Collision risks, and with Protection and Indemnity Coverage. The insurance is to be held as protection of the YACHT for any and all loss or damages that may occur to, or by the YACHT, during the charter period. The CHARTERER shall be liable for up to $5,000.00 of the deductible. Should a loss occur through the negligent or willful act of the CHARTERER, which is excluded from cover or in excess of coverage under said standard yacht policy, the CHARTERER remains liable for the full amount of the loss. The CHARTERER may retain additional insurance on the YACHT under a standard marine yacht policy while the YACHT is under bareboat charter. The CHARTERER agrees to be financially responsible for the cost of any damage to the YACHT, including damage to the Dinghy and dinghy motor (if included), and all associated equipment, up to the security deposit amount listed above by providing a credit card. The credit card will be placed on hold for this amount, and the hold will be removed after the YACHT is returned provided there is no damage or loss. If the CHARTERER chooses a Captain from the SAIL AWAY pre-approved list, CHARTERER will not be liable for any damage caused by the Captain. If any damage or loss occurs, CHARTERER is responsible for contacting SAIL AWAY immediately and providing a detailed report of the incident in writing (including other parties/vessels involved, witnesses, description of damage, etc.) and a police report if requested by the Owner. 

 

7. Although the CHARTERER will only be liable to the extent of the amount mentioned in Paragraph 6 for normal operation of the YACHT, the CHARTERER will be liable in excess of that amount if the damage or loss occurs as a result of gross negligence, an intentional act, or a flagrant disregard on the part of the CHARTERER, or any CHARTER GUEST, of rules for the usage and operation of the YACHT noted below. This unlimited liability extends to the loss/damage of the dinghy and/or dinghy motor if included.

 

8. The CHARTERER agrees that no repairs will be made to the YACHT without the Owner’s permission. The Owner agrees if the YACHT sustains a mechanical breakdown, or is disabled by any cause after delivery that prevents the use of the YACHT, and if the breakdown is not brought about by any act or default of the CHARTERER, or of a CHARTER GUEST, the Owner will make a pro-rated return of the charter fee for the amount of time that the YACHT was unfit for use. The OWNER will not be responsible for any other consequential loss or damage.

 

DELIVERY AND RETURN OF THE YACHT:

9. The Owner will deliver the YACHT at the boarding port in proper working order and outfitted/equipped appropriately for a yacht of the size and type of the YACHT, in clean and good condition, and ready for service. It is the CHARTERER’S responsibility to examine the YACHT and all equipment before taking possession of the YACHT for the bareboat charter, and to bring any issues that were ascertainable by due diligence to the attention of the Owner. No refunds will be granted for issues that are not discussed prior to CHARTERER taking possession of the YACHT for the bareboat charter.

 

10. If it is impossible for the Owner to deliver the YACHT due to causes beyond their control, and If delivery cannot be made within 24 hours of the start of the charter period, then this AGREEMENT may be cancelled by the CHARTERER and all money paid in advance will be returned.

 

11. If the CHARTERER is not present, or not ready to accept delivery of the YACHT at the specified time and place, for whatever reason, the Owner reserves the right to set the time of delivery within a 24-hour period.

 

12. The CHARTERER is responsible for allowing sufficient time for unforeseen contingencies to permit return to the YACHT to port on time. If the CHARTERER cannot return the YACHT to the time/place stipulated, CHARTERER agrees to pay a pro-rated fee to the Owner for the time that the delivery is delayed plus any losses (including lost charter income) that the Owner may have sustained due to the delay.

 

13. The YACHT will be delivered to CHARTERER with fuel, water tanks topped off, and pumped out. The CHARTERER agrees to return the YACHT with full fuel and water and with holding tanks pumped out at their expense, or CHARTERER can agree to the option of having Owner refuel the YACHT, and pump-out the holding tanks at a cost of $50 plus, the price of the fuel (TBD), and $5 per holding tank needing to be pumped, which will be charged to the CHARTERER’S credit card that was provided. If a Captain is used for Half Day and Full Day Charters, the flat fee for refueling and pump-out will be $25 for Half Day Charters and $50 for Full Day Charters.

 

14. The CHARTERER agrees to surrender the YACHT at or before the expiration date/time of this CHARTER at the release port, free and clear of any debts that may have been incurred by the CHARTERER. The CHARTERER agrees to keep the YACHT in good running order and condition, and in substantially the same condition as when he/she/it accepted delivery with only reasonable wear and tear as to be expected.

 

15. The CHARTERER is responsible for the cleaning fees. Cleaning fees are quoted on page one of this AGREEMENT. The damage deposit posted by Charterer also serves as a cleaning deposit. While it is not expected that CHARTERER do a deep cleaning of the YACHT inside and out, the YACHT must be returned in respectable condition for the Sail Away cleaning crew: dishes washed, trash gathered, food removed, and dirty linens gathered. Additionally, the use of spray-on sun lotions of any kind is not allowed to be used on the YACHT as they can stain the gelcoat and fabrics. The CHARTERER agrees to allow the Owner to deduct a fee of up to $2000 from the security deposit posted by CHARTERER if excessive cleaning is required. Notice will be given by the Owner to the CHARTERER prior to any charges taking place. 

 

AUTHORITY FOR OPERATION OF THE YACHT:

16. Only pre-approved members of the charter party that are at least 21 years of age are allowed to operate the Yacht. The Charterer is responsible for the navigation of the Yacht and agrees that they fully understand and are experienced in the navigation and operation of the class of Yacht chartered and have experience in the use of the equipment provided. TheCharterer will demonstrate this competence by trial sail or otherwise as requested by the Owner prior to the start of the charter. If, after check-out of your skills in the Owner’s opinion, you or your party are deficient in number, training, experience, or ability to undertake the proposed cruise, the Owner may require that you hire a captain for a period to be agreed upon by the Owner and Charterer. The Charterer is responsible for hiring the captain directly and paying the captain's fees. Hired captain should also demonstrate competence by trial sail and experience resume in order to qualify as an approved operator.

17. As a bareboat demise charter, the Owner will give full authority regarding the management of the Yacht to the Charterer for the charter term. If at any time during the charter period, the Charterer wishes to release/fire the Captain that they hired for any reason, the Charterer must arrange for a suitable replacement (qualified operator as described above) to be on board prior to the terminated captain's departure, thereby ensuring that a qualified operator is on board at all times.

RULES OF USE:

18. The CHARTERER will restrict the cruising of the YACHT to the hours of day from one hour after sunrise to one hour before sunset. Dinghy use in harbors is permitted after dark with use of appropriate lights and safety gear.

 

19. The CHARTERER will restrict the cruising area of the YACHT to within 20NM of the Florida Keys. Western limit is the Marquesas, CHARTERER is not permitted to sail the YACHT to the Dry Tortugas National Park.

 

20.  The CHARTERER will not leave the YACHT unattended overnight, except in the event that severe weather conditions make it necessary to depart. CHARTERER must immediately advise the Owner of such action; however, in such cases CHARTERER is still responsible for ensuring that the YACHT is properly safe and secure. 

 

21.  The CHARTERER agrees that the YACHT will be used exclusively for pleasure and will not transport merchandise or carry passengers for pay (without prior written approval from the Owner), engage in trade, participate in races, or in any way violate the laws of the United States, or any other government within the jurisdiction of which the YACHT may be. No drugs or illegal substances may be carried or used on board the YACHT. The CHARTERER further certifies that the CHARTERER and/or the CHARTER GUESTS will not operate the YACHT while under the influence of alcohol or illegal substances, or permit any other person to operate the YACHT in such condition.

 

22.  No pets or other animals are allowed aboard the YACHT without the permission of the Owner. 

 

23. The CHARTERER agrees to pay dockage and other port charges incurred during the Charter period.

 

24. There is NO SMOKING on the YACHT; Not on the bow, not on the transom, there is nowhere on board the YACHT where smoking is allowed. CHARTERER will be imposed an additional cleaning fee for odor or burns caused by SMOKING on the YACHT. Do not allow hired crew to smoke. YOU are responsible for damages and odors.

 

25.   Failure to comply with any of the rules above may result in immediate termination of the CHARTER with forfeiture of all monies paid.

 

 

 

LIABILITY

26. For charter periods in which a pre-approved Captain is aboard, the CHARTERER is not relieved of liability under section 5 and 6 of this AGREEMENT, and will still be responsible for damage or loss to the YACHT, dinghy/motor, and equipment, caused by the CHARTERER or their CHARTER GUESTSs. CHARTERER IS TO make sure all members of the Charter party understand how to use the equipment aboard the YACHT ( including, but not limited to heads, safety equipment, stove/oven, grill, etc.).

 

27. The Owner and their insurance underwriters accept no responsibility or liability for accidents, injuries, or death due to swimming, or the use of snorkels, masks, or other equipment such as SCUBA equipment, whether or not it is provided by the Owner or the CHARTERER. 

 

28. The CHARTERER agrees that YACHT OWNER, Sail Away LLC, and Sail Away Key West (to include Amy Michaud, Greg Pitts, and/or Jennifer Pitts), Captains and/or crews on the YACHT), Brokers and/or Agents of the YACHT , Stock Island Village Marina, and the insurance underwriters will not be responsible for liability to CHARTERER, and/or CHARTER GUESTS, for loss of their personal belongings.

 

29. The CHARTERER agrees that any controversy or claim related to this AGREEMENT will be decided by arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be held in the City of Annapolis, in the State of Maryland.  The prevailing party in arbitration shall be awarded the legal fees and cost related to the arbitration. Judgement upon the arbitration award may be entered in any Court having jurisdiction. In the event that any court action is filed in relation to this AGREEMENT, including the arbitration award, the unsuccessful party in the action will pay the successful party the damages and relief requested, and all legal fees and costs incurred by the successful party.

 

30. The Owner accepts no liability for Acts of God, Acts of War, or similar events. The Owner makes no representation other than those contained in this agreement.

 

To the true and faithful performance of the afore going agreement, the said parties hereto bind themselves, their heirs, personal representatives and assigns, each to the other.

 

 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above:

 

Owner/Owner Representative:

Jennifer Pitts
Staff Signature

 July 3, 2025

 Charterer:  

July 3, 2025

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First Charterer's Name
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