BAREBOAT CHARTER AGREEMENT YACHTIME THIS BAREBOAT CHARTER AGREEMENT is made this day of March 15, 2025 by and between YACHTIME GROUP, INC. (“Owner”) and (hereinafter the “Charterer”) and as signing hereunder as such. WHEREAS, the Owner either owns or is an authorized and valid Sub-lessor of the vessel to be chartered (the “Yacht”); WHEREAS, Charterer desires to charter the Yacht from Owner, and Owner is willing to make the Yacht available to 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. DEMISE CHARTER: This charter shall at all times be construed as a DEMISE CHARTER. The Charterer assumes all responsibility for any injury, death or property damage. This includes, but is not limited to accidents involving Charterer or any of Charterers guests, or any other person onboard vessel or swimming, snorkeling or diving from vessel or onboard vessel’s tender, or any other claim of any nature that may arise during the period of the charter or at any time that the vessel is in the custody or under the control of the Charterer. Charterer further agrees to indemnify the Owner and/or Agent against any claims that may arise as aforementioned. 2. CHARTERER INFORMATION. Phone number: e-mail address: 3. TERM, HIRE, PAYMENT AND VESSEL. Owner agrees to let, and Charterer agrees to hire the Yacht on the date and from and to the time Entered Below for the total sum entered mentioned herein which shall be paid in full upon signing this agreement and NO REFUNDS TO BE PERMITTED UNDER ANY CIRCUMSTANCES. THIS INCLUDES RAIN (a new charter date will be reserved; rescheduled) Unless indicated otherwise hereon. Extended hourly rate shall be at the amount of $500 per hour. 4. CREW, CONTROL OF BOAT, AND PAYMENT TO CAPTAIN/CREW. As the CHARTERER, you have the right, obligation, and sole responsibility for choosing a captain and crew (subject to minimum requirements as stated hereon). You also have the complete and total right to fire the captain and any crew at any time. Only you the Charterer is in control of the captain and crew. We cannot provide a captain and crew for you. If you do not have a qualified captain and crew, we have provided a list of qualified captains for you to select if you so desire as a courtesy. I have chosen the following Captain for my charter (required): (PLACE AN X IN BOX PROVIDED NEXT TO CAPTAIN CHOSEN) (see below) Crew -The captains in the list provided may need to steer the vessel with a crew (depending on your (phone number) chartered boat size). By choosing a captain on this list, you are also accepting his crew mate/s that he brings to the charter. Due to the availability constraints of possible crewmembers, lists of crews for you to choose from cannot be provided. Nevertheless, although the crew is brought to the charter by the captain you choose, you still maintain the absolute right to reject or fire any crew at anytime. Payment – The captain and crew must be paid directly by the charterer. We cannot make any payments for captain or crew on your behalf. Please make arrangements with captain as to payment amount for him and his crew and payment terms. Also please note that it is customary to tip the captain and crew (15% recommended). 5. ACCIDENT. If after delivery, the Yacht sustains breakdown of machinery or is disabled or damaged by fire, grounding, collision or other causes so as to prevent Charterer’s use of the Yacht for a period not less than twenty-four (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 Charterer of such period in excess of such twenty-four (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 twenty-four (24) hours, the same not being brought about by any acts or defaults of Charterer, charter money paid in advance shall be rebated pro rata from the time of such damage, and Charterer shall have the right to terminate this charter. 6. RUNNING EXPENSES. Charterer shall accept the Yacht delivered as provided and pay all running expenses during the term of the charter. 7. INSURANCE. Owner shall keep the Yacht fully insured for the full term of the charter period. Owner’s insurance policy, however, does not cover Charterer’s or guests’ protection and indemnity during the term of the charter, and Charterer is responsible for obtaining such 2 | 8 coverage, if desired. Charterer shall not violate the terms of the Owner’s insurance policy, including, without limitation, the navigational limits it imposes. 8. LIENS AND TAXES. Charterer, and Charter’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. Charterer agrees to indemnify Owner for any chargers of losses in connection therewith, including reasonable attorney’s fees. Any and all sales or use taxes imposed on this charter are the responsibility of Charterer, and Charterer shall indemnify and hold harmless Owner and any charter broker against and from any liability for such taxes, including associated penalties and interest. 9. DRUGS. Drugs will not be tolerated. Use or possession of illegal drugs, including marijuana, on board the Yacht shall result in immediate termination of the charter without any refund. 10. REDELIVERY AND INDEMNIFICATION. Charterer shall redeliver the Yacht, her equipment, and furnishings, free and clear of any indebtedness incurred for Charterer’s account, at the expiration of this Charter, to Owner in as good condition as when delivery was taken, ordinary wear and tear accepted. If the Yacht is not redelivered within the charter period or any proper extension thereof for reasons attributable solely to Charterer, then for each completed period of one (1) hour of delay, or fraction thereof, in redelivery as aforesaid, Charterer shall pay to Owner a sum equal to the charter hire divided by the number of hours comprised in the charter period, subject to Owner’s right to recover further additional loss or damages, if any, thereby sustained. Charterer shall indemnify and hold harmless Owner against and from any and all liability to third parties for loss or damage attributable to Charterer’s acts or omissions. 11. RESTRICTED USE. Charterer agrees that the Yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of Charterer, and Charterer’s guests and servants, during the term of this charter and shall not transport merchandise or carry passengers for pay, or exceed more than the legal bareboat charter amount of 12 guests maximum (not including the charterer), 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, nor take vessel greater than 150 miles from the shores of Florida, or if charter is to the Bahamas, no more than 150 miles from the shores of the Bahamas. 12. NON-ASSIGNMENT. Charterer agrees not to assign this Agreement or sub charter the Yacht without written consent from Owner. 13. CONTROL. The Yacht is chartered on a demise basis. Accordingly, during the charter term, Charterer shall have full authority regarding the operation and management of the Yacht and is solely responsible for retaining or firing a master and crew. Charterer, however, shall not allow anyone to operate the Yacht unless properly trained and experienced in coastwise piloting and deep-sea navigation of vessels similar in type and size to the Yacht. 14. DEFAULTS. If Charterer fails to pay any installment of charter money on the date designated, Owner shall have the right to resume possession of the Yacht and terminate this charter, without prejudice to Owner’s rights in respect to any arrears of charter hire, or any breach by the Charterer of the conditions herein contained. 15. GUEST LIMITATIONS. The number of persons, other than the master and crew, cruising on board the Yacht shall be limited to Charterer (or Charterer’s representative, if Charterer is a corporation) plus 12 guests, for a total of 13 (including charterer). 16. SURVEY. Charterer, at charterer’s sole expense, may have the Yacht surveyed upon its delivery to Charterer at the beginning of the charter period, and again upon its redelivery to Owner at the conclusion of the charter period, to assess its condition for purposes of this Agreement. 17. CANCELLATION. DEPOSIT NON-REFUNDABLE in any case, unless weather conditions suppose a risk of safety of the passengers. In order to reschedule, the Charterer must notice the Owner at least 48 hours prior to the scheduled departure date. In case such notice is not made within such timeframe, there will be no possibility for reschedule (applicable if no Insurance for Cancellation is hired).
18. ADDITIONAL CONDITIONS. a. Maximum number of persons regularly eating and sleeping aboard are dictated by the number of berths available, at all times a maximum of 12 passengers plus the charter and crew (master and crew inclusive) can be on board while cruising at any time. b. No smoking inside of the Yacht. c. There are no pets allowed on board the vessel. d. The crew aboard is there to maximize your enjoyment and in order to do so cannot be expected at any time to be responsible for children. Children under the age of 13 are not permitted onboard without the direct supervision of a nanny or adult charter guest at all times. e. The parties acknowledge that this is a contract and may be transmitted between them by electronic communication and the parties intend that an electronic transmission contract containing either the original and/or copies of the parties’ signature shall constitute a binding contract. f. Rendezvous diving only. g. Vessel is fully insured under the owner. h. Use of personal watercraft (if available) is only permitted subject to operator having the appropriate license and meeting local regulations. Charterer and its guests agree to waive and release owner and its agents from any and all claims for injury or damage resulting from the use of personal watercraft. i. If the Charterer is involved in any illegal form of smuggling or illegal drugs, drug paraphernalia or contraband, all moneys paid will be forfeited and the charter will end abruptly — This includes marijuana – even medicinal marijuana — no exceptions. j. All guests will be required to disembark from vessel at nearest dock. k. Captain will radio the US Coast Guard, FWC Law Enforcement, and/or local police to notify of illegal drugs onboard. This is solely the captain’s decision. Yacht Charters in Miami cannot override the captain’s decision. 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 the City and State of Owner’s residence, unless another place is mutually agreed upon. Judgment upon any award reached by the arbitrator (s) may be entered in any court of said State 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 and written, all of which are hereby cancelled. 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. 24. VENUE. The venue of any action arising from this Agreement shall lie exclusively in the Circuit Court in the City and State of Owner’s residence, unless another place is mutually agreed upon, and both parties shall submit to the jurisdiction of such court. 25. SUPPLEMENTAL CLAUSES/CONDITIONS. Charterer is solely responsible for the hiring of the Captain. Owner has listed at least 3 qualified captains if Charterer wishes to use a captain from this list as a convenience, however, the charterer is free to hire any capable captain Charterer wishes. The captains list provided herein is merely done so as a convenience for the Charterer and Charterer has no obligation to hire any of those captains listed. IN WITNESS WHEREOF, parties hereto have hereunto set their hands and seals the day and year first below written. By signing below, I confirm that I have read and understood this agreement and agree to its terms and conditions. CHARTERER Name: YACHTIME GROUP, INC David García Baquero Staff Signature 5 | 8 PERSONAL WATERCRAFT RENTAL and YACHT CHARTER OPERATIONS RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT PLEASE READ AND BE CERTAIN YOU UNDERSTAND THE IMPLICATIONS OF SIGNING. EXPRESS ASSUMPTION OF RISK ASSOCIATED WITH USE OF PERSONAL WATERCRAFT and RELATED ACTIVITIES I, the charterer and guests and whoever signs this agreement do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with motorized (e.g. Vessel) or non-motorized(e.g. tubes, wakeboards) and related water sport activities to which I am about to engage, including but not limited: ACKNOWLDGEMENT OF RISK: Acknowledge that some but not all risks of participating in water sport activity includes: Changing water flow, tides, currents, wave action and ship’s wakes. Collision with any of the following: other participants, the watercraft, other watercraft and manmade or natural objects, shuttle boats Wind shear, inclement weather, lighting, variance and extremes of wind, weather and temperature. Changes in my sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to elements, hypothermia and/or drowning, impact of the body upon water, injection of water into my body orifices and/or drowning. Presence of insects and marine life form. Equipment failure or operator error. Heat or sun related injuries, illness including sunburn, sunstroke or dehydration. Fatigue, chill and/or dizziness that may diminish my/our reaction time and increase the risk of accident I specifically acknowledge that I have read, understand and agree to abide by the Personal Watercraft Operational instructions at all times and that I have been trained in the use of watersport equipment to my complete satisfaction and I am physically/mentally able to participate in the water sport activities to which I am about to engage. I specifically waive any defense insofar as this contract is concerned that may arise as a result of any state or local law and/ or regulation or policy that may impact it enforceability. CHARTERER Name: Release of Liability, Waiver of Claims and Indemnity Agreement In considerations of being allowed to participate in the above-described activities and boating, as well as the use of any of the facilities and the use of the equipment of the listed releases, I hereby agree as follows: 1. To waive and release any and all claims based upon negligence, active or passive, with the exception of intentional, wanton or willful misconduct that I may have in the future against all of the following named persons, entities, owners or agents herein referred to as releases. To release the releases, their officers, directors, employees, representatives, agents and volunteers and vessels from any and all liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above whether caused by active or passive negligence of the releases or otherwise, with the exception of gross negligence. By executing this document, I agree to hold the releases harmless and indemnify them in conjunction with any injury or loss of life that may occur as a result of engaging in the above activities By entering into this agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement. I hereby declare that I am of legal age and am competent to sign this agreement or, if not that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this agreement By signing below, I confirm that I have read and understood this agreement and agree to its terms and conditions. CHARTERER Name: CREDIT CARD AUTHORIZATION FORM Charterer or/and guests authorize owner or one of owner’s agents to charge my credit card (pictures provided) for the total amount due for the Yacht Rental plus any applicable fees and or damages. I authorized user of this credit card do authorize owner or his agent or his entity to charge my credit card for the total amount due for the yacht rental plus any applicable taxes fees or damages. In case the Charterer requests a charge back with the corresponding bank linked to the used credit card for payment, the Owner reserves all rights to take all pertinent legal actions to retain such money, including filing evidence that the Charterer and its guests used the vessel in terms of this contract that include, but are not limited to, photos and videos.
CONTRACTUAL ASSUMPTION ACKOWLEDGEMENT OF RISKS AND LIABILITY WAIVER AND RELEASE AGREEMENT IN CONSIDERATION of being permitted to board the vessel and participate in the events, activities and tours provided by YACHTIME GROUP, INC. for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible and for my/our heir, personal representatives or assigns: ACKNOWLEDGEMENT OF RISKS I fully acknowledge that some, but not all of the risks of being on the vessel which I am about to aboard may include (1) wind shear, including weather, lighting, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) 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; (4) the presence of insects and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident. I specifically acknowledge I have been given instructions/training in the safe use of the type of equipment used in this activity/tour to my complete satisfaction, and I am physically/mentally able to participate in the activity which I am about to engage. CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY I fully agree to assume responsibility for all the risks of this activity/tour to which I am about to engage, whether identified above or not (I FULLY UNDERTAND THAT I UNDERTAKE EVEN THOSE RISKS RISING OUT OF THE NEGLIGENCE OF THE RELEASES NAME BELOW) 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 legally responsible and for any of my guests. This responsibility that I assume on my behalf and that of my minor children or those children whom I am legally responsible, extends to any body injury, accidents, illnesses, paralysis, death, loss of personal property and expenses there of as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF, MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, AND ANY OF MY GUESTS EVEN IF THIS INJURIES, DEATH OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASES NAMED BELOW. I HEREBY RELEASE YACHTIME GROUP, INC., THEIR AFFILIATED AND RELATED COMPANIES. THEIR PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL, AND/OR GOVERMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND AL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN, OR ANY OF MY GUESTS OR AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVENT IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASES NAMED ABOVE OR ANY OTHER PERSON (INCLUDING MYSELF). I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights in 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/TOUR TO HOLD HARMNESS AND IDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, WHOM I I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).
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