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Bareboat Charter Agreement

This BAREBOAT CHARTER AGREEMENT, entered into on agreed day, according to booking confirmation, between THE CHARTERER and Staying Afloat Party Boat LLC, a Florida limited liability company, Captain and Crew LLC, a Florida limited liability company, along with the following: Andrew Cohen, Michael McClay, and/or Floating Metal 1 LLC, a Florida limited liability company (collectively, the "Owner")(the individuals, listed companies, the Owner, and the Charterer together are referred to as the "Parties")(the "Agreement')

WITNESSETH

Whereas the Owner is the registered owner of the Vessel (Vessel: Hull ID #) (each of the following is referred to as the "Vessel")

  • Blonde: FRUA3067H516
  • Silver Fox: FRUA4588F718
  • Black Beauty: FRUA4564F71
  • Golden Girl: FRUA4353C717
  • Ginger: ETW86847K213
  • Dirty Blonde: FRUA3187K516 

WHEREAS the Charterer wishes to charter the Vessel from Owner:

NOW, THEREFORE, in consideration of the premises and covenants contained herein, the Parties agree to the following:

  1. OWNER hereby agrees to let the demise bareboat, and the CHARTERER agrees to charter the Vessel on a bareboat basis for a period commencing at agreed time and date of booking confirmation made with the OWNER. The Charter shall be a total period of agreed amount of time in booking confirmation made with Staying Afloat Party Boat LLC. (Agreed upon time, date, vessel, and amount of time can be found in the Staying Afloat Party Boat, FareHarbor Dashboard under CHARTERER name/phone number.)

  2. The vessel shall be delivered to CHARTERER in the same condition as when inspected and accepted by CHARTERER. OWNER warrants that Vessel, when delivered to CHARTERER, shall be in good seaworthy condition and shall comply with all applicable Florida and Federal laws and regulations pertaining to the condition of the Vessel. OWNER reserves the right to have the Vessel surveyed as to equipment and condition and CHARTERER reserves the right to have said Vessel surveyed upon termination and redelivery to OWNER at conclusion of the charter. The Vessel shall be delivered to CHARTERER at the port agreed upon in confirmation booking and redelivered to OWNER at the port agreed upon in confirmation booking (Agreed upon port can be found in the Staying Afloat Party Boat, FareHarbor Dashboard under CHARTERER name/phone number) in the same condition as when chartered excepting ordinary wear and tear. Specific vessel being chartered is listed in the Staying Afloat Party Boat FareHarbor Dashboard under CHARTERER name/phone number.

  3. CHARTERER shall maintain Vessel in good order and condition, reasonable wear and tear expected. CHARTERER shall not be responsible for repairs to Vessel except to the extent that the need for such repairs arise from the negligence or willful misconduct of the CHARTERER, its officers, agents, employees, students, invitees, and/or guests. OWNER agrees to furnish any reasonable, necessary maintenance materials needed to keep Vessel in good seaworthy condition and in compliance with all applicable Florida and federal laws and regulations to the extent the need for such repairs does not arise from the negligence or willful misconduct of CHARTERER, its officers, agents, employees, invitees and/or guests. Vessel shall be subject to inspection at any reasonable time by OWNER or its agent or employee provided OWNER has furnished reasonable advance notice to CHARTERER of its intent to make such inspection.

  4. CHARTERER is required to choose a captain on the list provided by Staying Afloat Party Boat, LLC. Should the CHARTERER wish to use an unlisted skipper or crew, CHARTERER warrants that the skipper and crew will be a competent person and will have the qualifications and skills for which they are employed. The CHARTERER also warrants the skipper and crew will be responsible for the safe navigation of the Vessel and will meet the standards and qualifications set by OWNER. The CHARTERER is responsible for payment of skipper and crew directly, as they are independent of Staying Afloat Party Boat, LLC and the OWNER.

  5. Crew. Crew will be selected and paid for by the Charterer. A list of authorized crew is provided on the website's "About" page on the Staying Afloat Party Boat website. The Charterer and Crew are responsible for setting up on the agreed upon rate prior to departure. Selected crew for this charter can be referenced on the FareHarbor manifest, which was chosen by the Charterer prior to arrival at the vessel. This reference is available upon request. The Charterer may also provide their own crew, if the driver holds a US Coast Guard Captain's license of 25 tons or greater and is confirmed with the Owner upon booking.

  6. CHARTERER expressly agrees that the operation of said Vessel will be limited to the following areas and waters: Florida inland and Near Coastal Waters. CHARTERER further agrees that the operation of said Vessel be limited to any areas in waters specified in any insurance policy provided pursuant to paragraph 6 herein and is consistent with any insurance policy of OWNER of the Vessel.

  7. Insurance. CHARTERER agrees to secure and keep in force during the entire term of this Charter, a standard marine insurance policy including protection and indemnity coverage in such form, with such carrier or carriers so as to protect the OWNER against any and all liability incident to the operation of the Vessel. Said protection and indemnity coverage shall not apply to liability or loss to the extent such liability or loss arises from the negligence or willful misconduct of OWNER, its officers, agents, or employees. Said policy or policies of insurance with respect to the negligent acts or omissions of CHARTERER, shall name OWNER as an additional insured, and shall obligate the carrier or carriers to notify the OWNER at least 30 days prior to cancellation of or changes in said policy or policies of insurance. CHARTERER shall provide OWNER with a copy of the marine insurance policy with OWNER added as an additional insured within seven (7) days, of chartering the Vessel, should they use their own. Otherwise, CHARTERER shall utilize policy undertaken by Staying Afloat Party Boat, LLC. (said policy can be viewed upon request). CHARTERER shall indemnify, defend and hold harmless OWNER, its officers, directors, agents, employees and the Vessel from and against any claims, damages, expenses or liabilities arising out of the performance of this Agreement or the use of said Vessel including without limitation: claims, damages, expenses or liabilities for loss or damage to any property, loss of equipment or cargo carried by the Vessel; or from any injury, illness, disease or death of CHARTERER, its subcontractors, employees, agents or invitees; and the CHARTERER shall defend indemnify and hold harmless the OWNER, its owners, directors, agents, the Vessel, independent contractors and employees from any and against any claim, whether groundless or not, and whether caused by negligence, willful misconduct of CHARTERER, its officers, agents, independent contractors, employees, or invitees or faults of indemnities or by unseaworthiness of the Vessel or equipment of OWNER, or OWNER's property. 

  8. Assignability or Sub-Chartering. CHARTERER may not assign or sub-charter this Agreement without prior written consent by OWNER.

  9. Use of Charter. CHARTERER agrees that the Vessel shall be employed exclusively as a training and pleasure vessel for the sole and proper use of itself, students, and guests during the term of this Charter. 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 the State of Florida. 

  10. Liens. CHARTERER shall have no rights, power, or authority to create, incur or permit to be imposed upon the Vessel any liens or encumbrances of any nature. A fully executed copy of this Charter Agreement shall be carried aboard the Vessel with the ship's papers at all times during the term of the Charter and shall be exhibited by CHARTERER to any person having business with the Vessel which might give rise to any lien. CHARTERER shall redeliver said Vessel free from any liens incurred as a result of the operation of the Vessel under this Agreement, and shall indemnify and hold harmless OWNER, its officers, agents, independent contractors, and/or employees or its agent against any lien not incurred by OWNER or covered by insurance arising out of the possession, use or operation of said Vessel or by any persons aboard said Vessel by invitation of CHARTERER. 

  11. Choice of Law. This Agreement shall be constructed in accordance with the admiralty and maritime laws of the United States and the laws of the State of Florida.

  12. Default. The CHARTERER may be declared in default of this Agreement if any of the following events occur: 
    a) Failure of the CHARTERER to remit payment pursuant to the terms of this Agreement.
    b) Failing to maintain insurance coverage of the Vessel in the amount agreed upon and naming the OWNER as loss payee and as an additional insured.
    c) Operating the Vessel unlawfully and/ or in breach of this Agreemen
    d) Failure to provide OWNER with the itinerary of the Charter
    e) Failing to maintain the Vessel and its equipment in a seaworthy condition
    f) Failure to allow inspection of the Vessel by OWNER at the completion of this

Agreement

  1. Force Majeure. OWNER shall not be responsible for failure to deliver the Vessel at commencement of the Charter if such failure is caused by reasons beyond control of the OWNER or by reason of said Vessel having been lost or disabled. Should such delivery not be made within one day after specified date, this Agreement may be canceled by CHARTERER and any deposits or amounts therefore paid on charter hire shall be returned by OWNER to CHARTERER.

  2. Entire Agreement. This Agreement sets for the entire Agreement and understanding between the Parties relating to the subject matter herein and supersedes all prior discussions between the Parties. No modification of or amendment to this Addendum, nor any waiver of any rights under this Addendum, will be effective unless in writing and signed by the Parties. 

  3. Acknowledgement. The Parties are executing this Agreement voluntarily and have carefully read this Agreement to understand its terms, consequences, and binding effect and fully understand them and have been given and executed copy. 

  4. Governing Law and Venue. This Agreement shall be governed, construed, and interpreted by, through and under the Laws of the State of Florida and the Laws of the United States of America. The Parties further agree that the venue for any and all disputes related to the Agreement shall be Broward County, Florida. 

  5. Severability: Section Headings. The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any provision hereof. The section and paragraph headings in this Agreement are for the purpose of convenience and heading only, and the words contained therein shall in no way be held to explain, define, modify, or aid in the interpretation, construction or meaning of the provisions thereof.

  6. Arbitration. The Parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved solely by binding, individual arbitration in accordance with the American Arbitration Association ("AAA") and not in a class, representative or consolidated action or proceeding. Specifically, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the AAA in accordance with its Commerical Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If there is a dispute, CHARTERER may only bring claim in CHARTERER's individual capacity, and not as a Plaintiff or Class Member in any purported class or representative proceeding. Further, in any arbitration proceeding, the arbitrator may not consolidate another person's claims with CHARTERER's claims and may not otherwise perside over any form of a representative or class proceeding. CHARTERER waives the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement. 

  7. Counterparts. This Agreement may be executed in any number of counterparts and by facsimile or other electronic means including PDF, all of which shall be deemed an original, and each of which shall have the same effect as if all parties hereto had signed the same document. All counterparts shall be constructed together and shall constitute one instrument. 

  8. Notice. Notice for all correspondence shall be sent as follows:

As to the OWNER:

1314 E Las Olas Blvd, Suite 9

Fort Lauderdale, FL 33301


Andrew Cohen and Michael McClay
Staff Signature


EXECUTED as on the date written below.

 

 

First Charterer Name

First Name*

Last Name*

Phone*
First Charterer Date of Birth*
First Charterer Signature*
Second Charterer Name

First Name*

Last Name*
Second Charterer Date of Birth*
Third Charterer Name

First Name*

Last Name*
Third Charterer Date of Birth*
Fourth Charterer Name

First Name*

Last Name*
Fourth Charterer Date of Birth*
Fifth Charterer Name

First Name*

Last Name*
Fifth Charterer Date of Birth*
Sixth Charterer Name

First Name*

Last Name*
Sixth Charterer Date of Birth*
Seventh Charterer Name

First Name*

Last Name*
Seventh Charterer Date of Birth*
Eighth Charterer Name

First Name*

Last Name*
Eighth Charterer Date of Birth*
Ninth Charterer Name

First Name*

Last Name*
Ninth Charterer Date of Birth*
Tenth Charterer Name

First Name*

Last Name*
Tenth Charterer Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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