Trident Voyages San Diego, LLC is not a law firm and does not provide legal advice. The provision of this courtesy template is not legal advice. Only a qualified attorney can provide you legal advice. An attorney should be consulted for all legal matters. No Attorney-Client relationship is created by use of these materials. THESE MATERIALS ARE PROVIDED “AS-IS.” Trident Voyages San Diego, LLC DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS. THE MATERIALS ARE USED AT YOUR OWN RISK. IN NO EVENT WILL: I) Trident Voyages San Diego, LLC , ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. BAREBOAT CHARTER/RENTAL AGREEMENT 1. BAREBOAT CHARTER AGREEMENT: This Agreement is made by and between (BOAT OWNER) Trident Voyages San Diego, LLC, hereinafter referred to as OWNER, and _________ ________________(BOAT RENTER) the undersigned, hereinafter referred to as the CHARTERER. WITNESSETH: WHEREAS, OWNER is the owner or broker for the owner of that certain boat described as follows: Sun Tracker Party Hut 30 (HIN: BUJ05324H708), hereinafter described as the vessel, including all equipment, fixtures, and other property delivered to CHARTERER with said vessel; and WHEREAS, CHARTERER wishes to charter said vessel for him or herself and no more than twelve (12) passengers from the OWNER; NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein, and the sums paid and to be paid in accordance herewith, the OWNER agrees to let and the CHARTERER agrees to hire the vessel upon the terms and conditions set forth below:2. RENTAL: The charter rent shall be as set forth in the separate booking confirmation, invoice, or payment record for this charter, which is incorporated herein by reference. The full amount shall be paid no later than 30 days prior to delivery, unless otherwise agreed by OWNER in writing or secured by Trident Voyages San Diego, LLC prior to the trip. CHARTERER expressly authorizes OWNER to charge the payment method on file for any damages, cleaning fees, penalties, violations, or additional charges incurred under this Agreement, including but not limited to repairs, excessive cleaning, or policy violations. A security and damage deposit of $1000.00 (unless otherwise stated in the booking confirmation) shall be secured by the OWNER from the CHARTERER prior to delivery, which shall be applied to late return charges, any damage within the insurance deductible amount for which the CHARTERER shall be responsible, the repair of any damages or loss of equipment, and such other charges for consumable items as may have been used and not paid for or replaced during the term of the charter. 3. DELIVERY AND REDELIVERY: The OWNER agrees to deliver the boat in full commission and in proper working order, outfitted as a boat of her size, type and accommodations, with full equipment, inclusive of that required by law. Nevertheless, should it be impossible for the OWNER to make delivery as stipulated through causes beyond his control and should such delivery be not made within two (2) days thereafter, then this Agreement may be canceled by the CHARTERER and any charter money paid in advance shall be returned to him, which shall be CHARTERER'S sole remedy. The CHARTERER agrees to redeliver the boat, her equipment and furnishings, free and clear of any indebtedness incurred for the CHARTERERS account, at the expiration of this charter, to the OWNER, at his dock in as clean a state as when delivery was taken, ordinary wear and tear excepted. If the boat is not redelivered in a clean condition, CHARTERER will be charged a minimum cleaning fee of $250.00, which will be deducted from security and damage deposit. The CHARTERER is responsible for allowing sufficient time for redelivery, but should it be impossible for the CHARTERER to make redelivery of the boat as stipulated, he shall immediately notify OWNER, in the event of total loss to such boat, rights and obligations of the parties shall be determined by other provisions of this Agreement. Charter time begins at the scheduled start time regardless of actual boarding time. Late arrival by the CHARTERER or guests shall not extend the charter duration or entitle the CHARTERER to any refund or credit. 4. NAVIGATION LIMITS: The OWNER does not guarantee any destinations. The navigational limits of the boat are determined by the boat's insurance policy, thus the CHARTERER agrees to restrict the cruising of the boat to coastal and inland waters. The CHARTERER should not navigate any unfamiliar, or specific areas provisioned by the OWNER or by weather advisories at any time. If for any reason the CHARTERER shall operate or take the boat outside the navigational limits herein, without notice to the OWNER in writing and without proper insurance the CHARTERER shall be liable and responsible for all loss and damage to the boat and the CHARTERER'S party, and all sums paid under this Agreement, including the security and damage deposit, shall be forfeited as damages. 5. INSURANCE: The OWNER agrees to keep the boat insured against Fire, Marine and Collision risks, and with Protection and Indemnity coverage, for the term of this charter, the policy to be held by him as full protection for any and all loss or damage that may occur to, or by, the boat during charter period, and the liability for loss or damage shall be limited to not more than the amount of the deductible feature of the OWNER'S policy for covered events, and in case of any accident or disaster the CHARTERER shall give the OWNER prompt notice of same. In addition, a Damage Waiver (DW) policy will be in effect when CHARTERER pays the premium in full. The DW covers any loss or damage to the chartered vessel and its equipment over and above the refundable Security Deposit. The DW does not insure against any third party claims, liability, or personal effects of the CHARTERER. Third party claims and liability are covered under the vessel's insurance but CHARTERER is responsible for the amount of the deductible feature. Personal effects of the CHARTERER are not covered by the boat's insurance nor the DW. Dinghy and outboard are not covered by the boat's insurance nor the DW. If the CHARTERER takes an outboard and / or dinghy, CHARTERER agrees to be responsible for full replacement cost. CHARTERER acknowledges and agrees that they are financially responsible for any and all damages, losses, or liabilities not covered by the OWNER’S insurance policies. 6. ACCIDENTS: CHARTERER bears the risk of any loss of use resulting from his act, default, negligence and/or poor judgment. The OWNER agrees that should the boat after delivery sustain breakdown of machinery and be disabled or severely damaged due to a major system breakdown essential for the running and navigation of the boat, and so as to prevent the use of the boat by the CHARTERER for a period of not less than forty-eight (48) consecutive hours at any time, the same not being brought about by any act, default, negligence, and/or poor judgment of the CHARTERER, the OWNER shall make pro-rata return of the rent to the CHARTERER for such period in excess of the said forty-eight (48) hours that the boat shall be disabled or unfit for use. In the event of natural calamity or any act of God which disables the vessel or makes it unfit for use, the same not being brought about by any act, default, negligence, and/or poor judgment by the CHARTERER, the OWNER shall make another boat, deemed suitable by the OWNER, available to the charter as a replacement within the 48 hour period. Minor inconveniences, cosmetic issues, or non-critical equipment malfunctions shall not constitute grounds for refund, discount, or cancellation. 7. REPLACEMENTS: The CHARTERER agrees to be responsible for and to replace or make good any injury to the boat, her equipment or furnishings, caused personally by himself, or any of his party, and agrees to be responsible for any loss or damage to hull, machinery, equipment, tackle, furniture, or the like. CHARTERER acknowledges that damage caused by engine overheating is not covered by insurance and that all repair costs incurred from overheating shall be the full responsibility of the CHARTERER. 8. LIENS AND REPAIRS: Neither the CHARTERER nor anyone acting upon his behalf has the right or power to permit or suffer the creation of any maritime liens against the boat. The CHARTERER agrees to indemnify the OWNER for any charges or losses in connection therewith, including reasonable attorney's fees. Further, CHARTERER is responsible for all consequences of any unauthorized repairs. 9. RUNNING EXPENSES: The CHARTERER agrees to accept the boat delivered as herein above provided and to pay all running expenses during the term of the charter, including but not limited to fuel, water, dockage, pilotage, port charges, provisions, supplies, and other consumable stores for himself and his party, unless otherwise specified at the time of booking. 10. INDEMNIFICATION: The CHARTERER agrees to indemnify and save the OWNER harmless from any and all liabilities, claims, or damages for loss or damage to third persons and their property arising from the negligence, actions, or conduct of the CHARTERER or any member of their party, except to the extent that any such liability is covered by the OWNER'S insurance. 11. WATER ACTIVITIES; SWIMMING; FLOTATION DEVICES:
The CHARTERER acknowledges and agrees that any entry into the water, swimming, floating, use of inflatables, and use of any recreational water equipment in connection with the charter involve inherent risks, including but not limited to slips, falls, drowning, collisions, changing water conditions, currents, contact with other persons, contact with the vessel, and contact with fixed or submerged objects. Swimming or entering the water from the vessel is permitted only if expressly authorized at the time by the Captain and may be restricted or prohibited at any time for safety or operational reasons. No guest shall enter the water without such permission. The OWNER shall not be responsible for injury, death, loss, or damage arising from swimming, floating, or the use of any flotation devices, inflatables, floating mats, tubes, loungers, or similar recreational water equipment, whether such equipment is provided by the OWNER or brought onboard by the CHARTERER or guests, except to the extent liability cannot lawfully be waived or disclaimed. The CHARTERER acknowledges and agrees that the use of any such equipment is voluntary and at the sole risk of the CHARTERER and guests. The CHARTERER accepts full responsibility for all guests participating in any such activities and agrees to ensure that all guests exercise reasonable care and comply with all instructions given by the Captain. The CHARTERER further acknowledges that boarding, disembarking, and movement on docks, swim platforms, ladders, and the vessel itself involve inherent risks, including slips, trips, falls, and water-related injury, and agrees that all guests shall exercise caution at all times. 12. RESTRICTED USE: The CHARTERER agrees that the vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of the CHARTERER, his or her family, guests, and servants, during the term of this charter. The vessel shall not be used for any unlawful purpose or any activity not expressly permitted by the OWNER. Nor shall the vessel be used in any way that violates the laws of the United States or of any other jurisdiction in which the vessel may be at any time. The maximum number of persons permitted aboard the vessel at any time, including the CHARTERER and all guests, shall not exceed twelve (12) passengers, in accordance with applicable United States Coast Guard rules governing bareboat charter operations. This limit shall not be exceeded under any circumstances. The vessel is intended solely for recreational cruising and social use. The following activities are strictly prohibited: fishing, spearfishing, scuba diving, snorkeling with gear, towing of any persons or objects (including tubes, skis, or boards), and any water sports or commercial activities. The CHARTERER agrees that no equipment for such activities shall be brought onboard. Violation of this provision may result in immediate termination of the charter without refund. 13. SMUGGLING: Federal and state laws prohibit the use of any vessel for the transport or possession of any drugs or any other controlled substance the possession of which is restricted or forbidden by law. In addition to possible criminal and civil penalties against the violators, the law allows for the forfeiture of any vessel which is used in the transport or possession of such substances. 14. ASSIGNMENT AND SUB-CHARTER: The CHARTERER agrees not to assign this Agreement or sub-charter the boat without the consent of the OWNER in writing. Any attempt to assign or sublet this charter shall be void without the written consent of OWNER; however, the OWNER may give such consent after the fact in order to bind the assignee or sub-charterer. No assignment or sub-charter shall release CHARTERER from the obligations imposed by this Agreement, unless the OWNER gives a specific release in writing. 15. CANCELLATIONS: If CHARTERER cancels more than thirty days prior to his/her date of departure, The OWNER will refund all monies received less $350.00 administrative fee. Cancellation less than thirty days before the date of departure will result in the forfeiture of all monies received. No refunds shall be issued for early termination of the charter due to violation of this Agreement or failure to comply with Captain or crew instructions. Charters will proceed in light rain or overcast conditions. Determination of unsafe weather conditions shall be made solely by the Captain. Weather-related cancellations or rescheduling shall be at the discretion of the OWNER. 16. CHARTERER’S CONTROL OF VESSEL: The CHARTERER shall have full possession, command, control, and navigation of the vessel during the term of this Agreement. The CHARTERER may, at his or her sole discretion, select and hire a qualified Captain and/or crew. Any such Captain or crew shall be considered the agents and employees of the CHARTERER and not the OWNER. The OWNER does not provide, assign, employ, recommend, or compensate any Captain or crew, and shall have no control over their selection or operation. The CHARTERER assumes full responsibility for the actions, decisions, and operation of the vessel by any Captain or crew engaged by the CHARTERER. 17. BAREBOAT CHARTER: This charter shall at all times be construed as a bareboat charter and/or demise charter, and pursuant thereto the CHARTERER shall keep the vessel in good repair and shall surrender the vessel at the termination of the charter free and clear of all indebtedness, liens, or other charges of any type whatsoever. The CHARTERER retains full responsibility for the operation, navigation, and management of the vessel at all times. CHARTERER assumes all responsibility for any injury, death, property damage, any Act of God, or other claim of any nature that may arise during the period of the charter or at any time when the vessel is in the custody and under the control of the CHARTERER. 18. COMPETENCY: The CHARTERER acknowledges that they are solely responsible for the operation, navigation, and management of the vessel during the term of this charter. The CHARTERER may, at their sole discretion, select and engage a qualified Captain and/or crew. The OWNER may provide a list of independent, pre-screened captains for the CHARTERER’s convenience; however, the CHARTERER is under no obligation to select from such list and may choose any qualified Captain. Any Captain or crew engaged shall be considered the independent contractor, agent, and employee of the CHARTERER and not of the OWNER. The OWNER does not employ, assign, direct, or control any Captain or crew. The CHARTERER assumes full responsibility for the selection, actions, and performance of any Captain or crew, and for the safe operation of the vessel at all times. 19. INDEPENDENT CAPTAIN ACKNOWLEDGEMENT: Any Captain engaged by the CHARTERER is an independent contractor selected solely by the CHARTERER. The OWNER does not assign, employ, recommend, or compensate any Captain. The CHARTERER is solely responsible for all arrangements, payment, and supervision of any Captain or crew. The CHARTERER acknowledges that the OWNER has relinquished all control over the navigation and operation of the vessel for the duration of the charter. 20. RESTROOM (HEAD) USE POLICY. The CHARTERER acknowledges and agrees that the vessel’s onboard restroom (“head”) is strictly limited to urination only. The disposal of any solid waste including, but not limited to, feces, toilet paper, feminine hygiene products, wipes (including “flushable” wipes), paper towels, or any other materials into the toilet is strictly prohibited under all circumstances. The CHARTERER is responsible for ensuring that all guests comply with all posted instructions and any verbal directions provided by the Captain or crew regarding proper restroom use. In the event of any violation of this policy, the CHARTERER agrees that a mandatory cleaning and service fee of $500.00 will be immediately assessed and charged. The CHARTERER further agrees to be financially responsible for any additional costs exceeding this amount, including but not limited to repairs, pump-out services, or damages resulting from misuse. Violation of this policy may, at the sole discretion of the Captain or OWNER, result in immediate termination of the charter without refund. 21. UPPER DECK ACCESS: The CHARTERER acknowledges that access to the vessel’s upper deck (“top deck”) is permitted solely at the discretion of the Captain. For safety reasons, access may be restricted or prohibited at any time, including but not limited to periods of increased vessel speed, rough water conditions, or any situation deemed unsafe by the Captain. The CHARTERER agrees that all guests will follow all instructions provided by the Captain and crew regarding access to the upper deck. Failure to comply may result in restricted access and/or termination of the charter without refund if deemed necessary for safety. 22. AFT SEATING AREA – ASSUMPTION OF RISK: The CHARTERER acknowledges that seating located at the rear of the vessel near the motor (“aft seating area”) presents increased risk during vessel operation, particularly at higher speeds, in rough water, or during sudden maneuvers. The CHARTERER understands that risks include, but are not limited to, loss of balance, falls, and potential contact with the motor or surrounding structures. The CHARTERER agrees that all guests will exercise caution and follow all instructions provided by the Captain and crew regarding its safe use. The Captain may restrict or prohibit use of this area at any time. By signing this Agreement, the CHARTERER voluntarily assumes all risks associated with this area and accepts responsibility for their party. 23. CLEANLINESS AND CONDITION: The CHARTERER agrees to maintain a reasonable level of cleanliness aboard the vessel during the charter. All trash shall be placed in designated receptacles, and all personal items must be removed upon conclusion of the charter. The vessel shall be returned in substantially the same condition as at delivery, normal wear and tear excepted. If the vessel is returned in an excessively dirty or unsanitary condition beyond normal use, the CHARTERER agrees that additional cleaning fees may be assessed, which may exceed standard cleaning charges and may be deducted from the security deposit or charged separately. 24. ALCOHOL & GUEST BEHAVIOR: The CHARTERER acknowledges that alcohol consumption may occur during the charter and agrees that all guests will consume alcohol responsibly. The CHARTERER is solely responsible for the conduct and behavior of all guests onboard. No illegal drugs are permitted at any time, and no underage drinking is allowed under any circumstances. Disorderly, unsafe, or reckless behavior will not be tolerated.
The Captain retains full authority to enforce all safety rules and may, at their sole discretion, limit or prohibit alcohol consumption, restrict or remove any individual from participation, or terminate the charter without refund if behavior is deemed unsafe, illegal, or disruptive. The CHARTERER agrees that no refund shall be issued in such cases.
Glass containers are prohibited onboard unless otherwise approved by the Captain. Any damage or injury resulting from glass containers shall be the responsibility of the CHARTERER. 25. DAMAGE AND LIABILITY FOR LOSS: The CHARTERER shall be fully responsible for any and all damage to the vessel, its equipment, furnishings, or systems caused by the CHARTERER or any member of their party, whether due to negligence, misuse, or intentional acts. This includes, but is not limited to, interior and exterior damage, upholstery damage including stains, burns, or tears, mechanical or engine damage, loss or damage of equipment, and excessive cleaning requirements. The CHARTERER agrees that the security deposit may be applied toward such damages; however, the CHARTERER remains financially responsible for any costs exceeding the deposit amount. Such costs may include repair or replacement costs, labor, loss of use, and administrative fees. The OWNER reserves the right to charge the CHARTERER’s payment method on file for any outstanding balance. The OWNER shall not be responsible for any lost, stolen, or damaged personal belongings of the CHARTERER or guests.
CHARTERER ACKNOWLEDGEMENT By signing below, the CHARTERER acknowledges that they have read, understood, and agree to all terms and conditions of this Agreement. The CHARTERER further acknowledges responsibility for all guests and agrees to ensure all guests comply with the terms of this Agreement and all instructions provided by the Captain and/or crew. CHARTERER (RENTER) Date: May 21, 2026 Fill out the waiver by scanning Your Driver's LicenseThis scanner is designed as an optional onsite tool to streamline the waiver-signing process. If you are not at the business' location or prefer not to scan your license please skip this option and proceed below to fill out the waiver.Click the button below to start scanning:Start ScanningScanning in progress... Please use the provided barcode scanner to scan your driver's license. |
