This BAREBOAT CHARTER AGREEMENT, entered into on agreed day, according to the booking conformation, between THE CHARTERER and the Scilla Marine LLC, Florida Limited Liability Company (collectively, the “Owner”), (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 # SXSN0075A020 WHEREAS the Charterer wishes to charter the Vessel from the 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 the agreed time and date of booking confirmation made with the OWNER. The Charter shall be for a total period of the agreed amount of time in the booking confirmation made with Scilla Marine LLC. 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 the 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 (dock) agreed upon in the confirmation booking 3. CHARTERER shall maintain the Vessel in good order and condition, reasonable wear and tear expected. CHARTERER shall not be responsible for repairs of the Vessel except to the extent that the need for such repairs arises from the negligence or willful misconduct of the CHARTERER, its officers, agents, employees, students, invitees, and or guests. Vessel shall be subject to inspection at any reasonable time by the OWNER or by its agent or employee, provided OWNER has furnished reasonable advanced notice to CHARTERER of its intent to make such inspection. 4. CHARTERER is required to choose a captain on the list provided by Scilla Marine LLC. Should the CHARTERER wish to use an unlisted skipper or crew, CHARTERER warrants that the skipper and crew will be competent persons and will have the qualifications and skills for which they are employed. The CHARTERER also warrants that the skipper and crew will be responsible for the safe navigation of the Vessel and will meet the standards and qualifications set by the OWNER. The CHARTERER is responsible for payment of skipper and crew directly, as they are independent of Scilla Marine 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. The Charterer and Crew are responsible for setting up on the agreed-upon rate prior to departure. The selected crew for this charter can be referenced on the 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 a 6 Pack or greater and is confirming with the Owner upon booking. 6. CHARTERER expressly agrees that the operations of said vessel will be limited to the following areas and waters: Florida Inland Near Coastal Waters. South Florida Inter-coastal only. From Boca Raton to Jupiter, 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 a carrier or carriers so as to protect the OWNER against all liability incident to 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 negligence or willful misconduct of OWNER, its officers, agents, or employees. CHARTERER shall indemnify, define and hold harmless owner, it employees, recommended Captains, and the vessel from and against any claims, damages, expenses or liabilities arising out of the performance of the Agreement or the use of said Vessel including without limitations: claims, damages, expenses or liabilities for loss or damage to any property, loss of Equiptment or cargo carried by the vessel; or from any injuries, illness, disease or death of CHARTERER, its sub contractor, 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 claims, where groundless or not, and weather caused by negligence, willful misconduct or CHARTERER, its officers, agents, independent contractors, employees, or invites or faults of indemnities or by unseawothiness of the Vessel or equiptment of OWNER, or OWNERS property. 8. Use of Charter: CHARTERER agrees that the Vessel shall be employed exclusively as a trained 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 the State of Florida. 9, 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 agreed upon and naming the OWNER as the loss payee and as an additional insured. c) Operating the Vessel unlawfully and /or in breach of the Agreement d) Failure to provide the Owner with he itinerary of the Charter e) Failure to maintain the Vessel and its equipment in a seaworthy condition f) Failure to allow inspection of the Vessel by the 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 the 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 the specific date, this Agreement may be cancelled by the CHARTERER, and any deposits or amounts therefore paid on the Charterer's behalf shall be returned by the OWNER to CHARTERER. Captains Authority: a) If the CHARTERER is to operate the Vessel, the CHARTERER represents and warrants that the CHARTERER is experienced, licensed, if applicable, and competent in the handling and operation of a Vesselor the type names in this agreement and that the CHARTERER has sufficient practical knowledge of seamanship, piloting, and Rules-of-the-Road to properly exercise full authority over the Vessel. b) The CHARTERER shall allow the Vessel to be operated during the Charter period only by a person qualified to do so. c) The CHARTERER shall direct the captain to immediately notify the owner of any breakdowns, crew changes, accidents, or other significant incidents that occur during the Charter Period. * The CHARTERER shall not, at any time during the Charter Period, permit more than the Maximum number of guests cruising on board *If any of the CHARTERER’s guests invite Children, the CHARTERER will be fully responsible for their conduct and safety. *The Nature of the charter may render it unsuitable for anyone with physical disability or undergoing medical treatment. Expenses and Operating Costs: The CHARTERER shall be responsible for operating costs, including without limitations, all fuel costs for the Vessel, and all water sports equiptment, rafts, life vests, and any Captains and crew fees retained by the CHARTERER. Notice: Notice of all correspondence shall be sent as follows: As to the OWNER: Costello Ruffo of Scilla Marine LLC Address: 7901 4th St, STE 300, St Petersburg, FL, 33702
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