Charter Agreement

Document Sample
Charter Agreement Powered By Docstoc
					Charter Agreement
Yacht Name: ALASKAN SONG Crew Number: 3 Official Number: 256911 Number in Party: _____

Between the Undersigned Parties is has been Agreed as Follows:
Owner/Agent: Address: Phone: Explorer Yacht Charters P.O. Box 70 Bellingham, WA 98227-0070 (360) 714-8970

Charterer: Address: Phone:

__________________________________ __________________________________ __________________________________

Period
From: Time & Date ______________ To: Time & Date ______________

Departure Port: _______, Alaska

Arrival Port: ________, Alaska

Charter Fees
Terms: Total Charter Fee: Deposit due with agreement: Cashier’s Check, Personal Check or Wire Transfer $_______ (___________________Dollars) $_______ (___________________Dollars)

Page 1 Irish Pride Society - dba: Explorer Yacht Charters
P.O. Box 70 Bellingham, WA 98227-0070 (360) 510-2213 - (800)901-1220 E-Mail – richard@yachtexplorer.com Website - http://www.yachtexplorer.com

WITNESSETH:
1) Delivery: The Owner agrees to provide the Yacht to the Charterer in full commission and in proper working order, properly outfitted as a yacht of her size, type and accommodation, with full equipment inclusive of that required by law, and fully furnished, including linen, glass, and silverware, staunch and clean and in good condition throughout, and ready for services; and agrees to allow demurrage pro rata to the Charterer for any delay and delivery. But should it be impossible for the Owner to make delivery as stipulated through causes beyond his control and should such delivery not be made within 24 hours thereafter and should a boat of comparable size and quality not be made available by the Owner, then this agreement will be terminated, in such event, any charter money paid in advance shall be returned to the Charterer without further liability. 2) Insurance: The Owner agrees to keep the Yacht insured against fire, damage, marine collision, risks and hazards of the voyage, including engine, hull and vessel equipment, for any and all casualty and loss or damage that may occur to or be suffered by the vessel for the full term of the charter period. The Charterer is hereby relieved and discharged from any and all liability for such loss and damage, Failure by the Owner to provide such insurance will burden him with the same responsibility as if the vessel were so insured. The Owner will not be held responsible for any injury suffered by the Charterer, or any member of his party, either the said party’s person or property, during the term of the charter regardless of whether any such injury may occur on board the Yacht or elsewhere. More specifically, but without limiting the foregoing, the Owner and his insurance underwriters accept no responsibility for accidents, injuries or death due to swimming or the use of snorkels, SCUBA gear, water skis, windsurfers, sea kayaks, or similar sports equipment, whether supplied by the Owner or Charterer. 3) Authority: The Owner agrees to provide the Yacht with a Captain and Crew appropriate for her size, consisting of at least, but not limited to, a Captain, Chef and Steward. The Captain shall be competent in both Inland and Coastwise navigation, and hold an appropriate Captain’s License. While it is agreed the Charterer may determine the general movements and destination of the Yacht within boundaries of the Agreement, it is understood that the Captain is in full command and the Charterer agrees to abide by his judgment as to clearance, sailing, weather conditions, anchorage and other pertinent matters regarding the vessel. 4) Accidents: The Owner agrees that should the Yacht, after delivery, sustain breakdown of machinery, or be disabled or damaged by fire, grounding, collision or other cause so as to prevent the use of the Yacht by the Charterer for a period not less than 24 consecutive hours at a time, the same not being brought about by any act or fault of the Charterer, the Owner shall make a pro-rata return of hire to the Charterer of such period in excess of the said 24 hours the Yacht shall be disabled or unfit for use. Provided, however, that in case the Yacht be lost, or said damage be so extensive, that the Yacht cannot be, or is not repaired within two days, the same not being brought about by any act or fault of the Charterer, the Charterer shall have the right to terminate the charter and the amount paid by him for the hire of the Yacht shall be refunded by the Owner pro-rata from the time of such loss or damage. 5) Liens: The Charterer, his agents and employees, have no right to permit or suffer the creation of any maritime liens against the Yacht, except for crew’s wages and salvage. The Charterer agrees to indemnify the Owner for any charges or losses in connection therewith, including reasonable attorney’s fees. 6) Drug Restrictions: Use or possession of illegal drugs on board the Yacht shall result in immediate termination of the charter with forfeiture of all monies paid. 7) Navigation Limits: The Charterer acknowledges that restrictions as to cruising areas of the cruising of the Yacht are as per the vessels insurance policy. Page 2 Irish Pride Society - dba: Explorer Yacht Charters
P.O. Box 70 Bellingham, WA 98227-0070 (360) 510-2213 - (800)901-1220 E-Mail – richard@yachtexplorer.com Website - http://www.yachtexplorer.com

8) Non-Assignment The Charterer agrees not to assign this Agreement or sub-charter the Yacht without the consent of the Owner in writing. 9) Restricted Use: The Charterer agrees that he Yacht shall be exclusively employed as a pleasure vessel for the sole and proper use of himself, his family, guests and servants during the term of this charter, and shall not transport merchandise or carry passengers for pay, or engage in any trade nor in any way violate the Revenue Laws of the United States, or of any government within the jurisdiction of which the Yacht may be at any time, and comply with the law in all other respects. 10) Re-Delivery and Indemnification: The Charterer shall surrender the Yacht at the expiration of the charter term as above written, free and clear of any indebtedness that may have been incurred for his account during the term of the charter and in as good a condition as when taken, fair wear and tear from ordinary use, or for any loss or damage that he shall not be liable to make good, excepted. 11) Defaults: Should any installment of charter money not be paid on the date designated, or within 7 days thereafter, the Owner shall have the right to cancel the Agreement without prejudice to his rights in respect of any of the charter money. 12) Cancellation: It is further agreed by the parties hereto, that if the Charterer must cancel, all monies will be forfeited unless the Yacht is re-booked for the original dates booked. Refund will be in full or pro-rated according to dates booked. If the Owner must cancel, all monies received by Owner shall be refunded in full by the Owner to the Charterer. 13) Further Agreements: a) Included in this agreement are all provisions including, fuel, food, bait, dock fees and reasonable quantities of beer and wine, use of fishing tackle, skiff and kayaks b) Items not included are: fishing license fees and gratuities. Gratuities customarily average 15% of the charter fee depending on charterer’s satisfaction with the level of service provided 14) Arbitration Should the Owner and Charterer be unable to reconcile any differences that may arise with respect to the charter or this agreement, such dispute shall be referred to three arbitrators, one to be chosen by the Owner, one by the Charterer, and the third by the two arbitrators so chosen. The arbitrators shall conduct the arbitration in accordance with the rules of the American Arbitration Association. The decision in writing signed by any two of said arbitrators shall be final and binding upon both the Owner and Charterer. The expenses in connection with such arbitration shall be equally divided between the Owner and the Charterer. To the true and faithful performance of the foregoing Agreement, the said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and the year first above written.

OWNER:

____________________________________________ Richard M. Friedman

Dated:_________________________

CHARTERER:_________________________________________

Dated:_________________________

Page 3 Irish Pride Society - dba: Explorer Yacht Charters
P.O. Box 70 Bellingham, WA 98227-0070 (360) 510-2213 - (800)901-1220 E-Mail – richard@yachtexplorer.com Website - http://www.yachtexplorer.com