55' Azimut Luxury Yacht (Fits 23 Guests) in Montreal

The following bareboat charter agreement will be signed prior to your charter: Date:  CHARTERER Name:   CHARTERER E-mail:  RE: Bareboat charter agreement with Yacht Bros Corp.  We are pleased that you will be renting the Yacht Bros Corp. vessel and we are pleased to rent you our vessel, as a bareboat charter, on the following terms:   CLAUSE 1 - TERM  The bareboat Charter Period shall commence on __________________________ and terminate on _______________________________. The Parties to this Bareboat Charter Agreement agree this charter of the vessel entails the full transfer of control and responsibility of the vessel to the Charterer, who shall use it exclusively for pleasure purpose. CLAUSE 2 – DEFINITIONS Boat shall refer to the vessel described in this Charter Agreement, which operates as KIKI III ON 847570, including all its equipment, machinery, furnishings, and amenities provided by the OWNER for the CHARTERER’s use during the Charter Period. Boat Captain shall refer to a certified and experienced individual selected, hired and paid by the CHARTERER to operate and navigate the Boat during the Charter Period, as required by Clause 12 (Manning Requirements). The CHARTERER will be required to pay the Boat Captain directly. Charterer shall refer to the individual, corporation or person on behalf of an entity entering into this bareboat Charter Agreement with the OWNER for the bareboat charter of the Boat who is at least 18 years of age or older. If a corporation or person on behalf of an entity enters into this Bareboat Charter Agreement, the individual signing the Bareboat Charter Agreement shall also be personally liable for any responsibilities, terms and conditions and all terms of this Agreement.  Charter Agreement shall refer to this Bareboat Charter Agreement, including all responsibilities, terms and conditions. Charter Period shall refer to the duration specified in Clause 1 (Term) of this Bareboat Charter Agreement, commencing on the start date and terminating on the end date unless earlier terminated or extended as provided herein. Deckhand shall refer to the assistant to the Boat Captain, responsible for assisting with navigation, operation, and general duties onboard the Boat during the Charter Period. The Boat Captain and Deckhand are required to operate the Boat. The Deckhand must be an experienced individual hired by the Charterer. Owner shall refer to Yacht Bros Corp., the entity that owns the Boat and is entering into this Bareboat Charter Agreement with the CHARTERER for the charter of the Boat. Place of Delivery shall refer to the location where the Boat is delivered to the CHARTERER at the commencement of the Charter Period, as specified in Clause 4 (Delivery). CLAUSE 3 - AGREEMENT TO LET AND HIRE Whereas the CHARTERER desires to bareboat charter the Boat from the OWNER and the OWNER desires to bareboat charter the Boat to the CHARTERER under the terms and conditions set forth herein. The OWNER agrees to let, and the CHARTERER agrees to bareboat charter the Boat for the Charter Period for use by the CHARTERER. The CHARTERER shall have complete and exclusive possession and control of the Boat during the Charter Period, including the right to appoint the Boat Captain and the Deckhand, as well as any other crew member the CHARTERER shall wish to appoint, and the right to select an itinerary. The CHARTERER assumes full responsibility for the Boat, its operation, crewing, maintenance, and legal compliance during the Charter Period. This charter is a full and complete demise of the Boat to the CHARTERER, which shall, at its own expense and responsibility man, navigate and operate the Boat.  For greater clarity, the OWNER retains no control over the vessel during the Charter Period.  In Canada, a bareboat charter is different from a time charter or voyage charter, where the owner provides the crew and remains responsible for the vessel.  The OWNER agrees not to enter into any other Agreement for the charter of the Boat for the same period. The CHARTERER agrees to comply with Transport Canada and Marine Environmental Protection Rules and Legislation (e.g. proper disposal of waste, oil discharge prohibitions, etc.). The CHARTERER agrees to pay the Charter Fee and any other agreed charges, in cleared funds, no later than the date and to the Account specified in this Charter Agreement. The CHARTERER agrees to charter the Boat for the Charter Period and Charter Fee indicated in the Bareboat Charter Agreement. The CHARTERER acknowledges and accepts the policies, procedures and terms of service applying to the Charter contemplated by this Bareboat Charter Agreement and confirms that the CHARTERER has read and understood them.  CLAUSE 4 - DELIVERY The OWNER shall, at or before the beginning of the Charter Period, deliver the Boat free of encumbrance to the Place of Delivery in compliance with its flag requirements and the CHARTERER shall take delivery in full commission and working order. The Boat shall be  seaworthy, clean, in good condition throughout and ready for the bareboat charter. The CHARTERER must comply with safety equipment requirements, such as life jackets, fire extinguishers, emergency signals, etc. The Boat has safety equipment and amenities required for normal operation and use, including but not limited to, Transport Canada lifejackets of the right size to fit each person on board, fire extinguishers, marine emergency first aid kit, reboarding device, buoyant heaving line, watertight flashlight, flares, anchor, manual bilge pump, navigation lights, magnetic compass, and communication equipment. Nevertheless, the CHARTERER shall ensure that all safety equipment is onboard prior to operating the Boat.  The CHARTERER acknowledges that the Boat is provided “as is” with all equipment in working condition to the best of the OWNER’s knowledge at the time of delivery. The OWNER does not warrant that the Boat or its equipment will be free from minor defects, wear, or imperfections that do not materially affect the Boat’s performance, safety, or seaworthiness. The parties agree that minor defects shall not waive the obligation of the CHARTERER to pay the OWNER the bareboat charter fee. The CHARTERER shall notify the OWNER promptly of any significant defects, malfunctions, or necessary repairs required during the Charter Period. The CHARTERER shall be responsible for all damages to the Boat, including damage caused by vandalism, negligence or misuse.  The parties agree that the balance of the Charter Fee shall be paid by the CHARTERER before the commencement of the charter period and before embarking on the Boat.  Minor defects or imperfections that do not materially affect the Boat’s performance, safety, or seaworthiness shall not void this Charter Agreement. The CHARTERER shall not withhold charter fees or terminate the Charter Agreement solely based on minor defects or imperfections. CLAUSE 5 - REDELIVERY The CHARTERER shall redeliver the Boat to the OWNER at the Place of Redelivery free of any debts incurred for the CHARTERER’s account during the Charter Period and in as good a condition as when delivery was taken, except for fair wear and tear arising from ordinary use.  The CHARTERER may if he/she/they wish, redeliver the Boat to the Place of Redelivery and disembark prior to the end of the Charter Period but such early redelivery shall not entitle the CHARTERER to any refund of the Charter Fee. The CHARTERER shall redeliver the Boat to the OWNER in a clean and tidy state, free of debris, trash, and personal belongings, with all equipment, furnishings, and amenities in their original condition, and with its fuel tank at the same level as at the time of delivery, failing which the cost of refueling can be charged to the CHARTERER.  In cases where irregular untidiness necessitates additional cleaning beyond normal upkeep, the CHARTERER shall be responsible for a cleaning fee of two hundred and fifty dollars (250.00$). The fee will be assessed by the OWNER based on the extent of the required cleaning to address the irregular untidiness.  If, prior to the commencement of the Charter Period, the CHARTERER notices small defects, irregularities or untidiness in the Boat, the CHARTERER may take pictures and bring them to the attention of the OWNER. The CHARTERER will not be charged a cleaning fee for pre-existing defects, irregularities or untidiness that has been brought to the attention of the OWNER, or has been photographed and timestamped before the commencement of the Charter Period.  CLAUSE 6 - OPERATING COSTS The Charter Fee includes the charter of the Boat with all its equipment in working order and basic consumable stores for engine room, deck, galley and cabins of the Boat. The CHARTERER will pay, at cost, for all other expenses. These include, but are not limited to, fuel, crew costs, shoreside transport, food and all beverages, berthing dues and other harbour charges including pilots’ fees, local taxes, customs formalities and any charges for waste disposal, docking fees, charges for water and electricity taken from shore, and hire or purchase costs of any special equipment placed on board at the CHARTERER’s request. CLAUSE 7 - DELAY IN DELIVERY If the delivery of the Boat to the CHARTERER is delayed by two (2) hours or less due to unforeseen circumstances such as mechanical issues, weather conditions, or other unavoidable reasons, no penalties shall be incurred by the OWNER. If the delay in delivery by the OWNER exceeds two (2) hours due to reasons within the OWNER's control, the CHARTERER and the OWNER shall mutually agree on one of the following remedies: - An elongated charter period to compensate for the lost time, with the additional hours added to the end of the originally scheduled charter period; or, - A refund to the CHARTERER at a prorated rate for the hours lost due to the delay, calculated based on the hourly rate specified in the Payments clause of this Charter Agreement. In the event of a delay in delivery exceeding two (2) hours, the OWNER shall promptly notify the CHARTERER of the estimated duration of the delay and propose potential remedies as outlined in subsection (b) above. Except as provided in this clause, the OWNER shall not be liable for any damages, losses, costs, or expenses incurred by the CHARTERER due to a delay in delivery, whether such delay is within or beyond the OWNER’s control. If, by reason the force majeure or any other reason, the OWNER fails to deliver the Boat within four (4) hours or a period equivalent to half (1/2) of the Charter Period, to the Place of Delivery, whichever period is the shorter from the due time of delivery, the CHARTERER shall be entitled to treat this Bareboat Charter Agreement as null and void. The CHARTERER’s exclusive remedy will be to receive repayment, without interest, of the full amount of all payments made by him/her/they under the terms of this Bareboat Charter Agreement. Alternatively, if the parties mutually agree, the Charter Period shall be extended by a time equivalent to the delay or postponed to a mutually agreed time and/or date. CLAUSE 8 - DELAY IN REDELIVERY If redelivery of the Boat is delayed by reason of force majeure, redelivery shall be effected as soon as possible thereafter and, in the meantime, the conditions of this Bareboat Charter Agreement shall remain in force but without penalty or additional charge against the CHARTERER. If the CHARTERER fails to redeliver the Boat to the OWNER at the Place of Redelivery due to non-intentional or intentional delay or change of itinerary, then the CHARTERER shall pay forthwith to the OWNER demurrage at the hourly rate plus fifty percent (50%) of the hourly rate. The CHARTERER shall be liable for all operating costs and indemnify the OWNER for any loss or damage which the OWNER shall suffer by reason of deprivation of use of the Boat or cancellation of, or delay in delivery under any subsequent Charter of the Boat. CLAUSE 9 - CANCELLATIONS  Cancellation by Owner The OWNER may cancel the charter reservation at any time prior to the commencement of the charter period, for any reason, without any penalty. In the event that the OWNER cancels the charter reservation, the CHARTERER shall be entitled to a full reimbursement, without interest, of all payments made to the OWNER under this Bareboat Charter Agreement within seven (7) business days of the cancellation. The full reimbursement of payments made by the CHARTERER shall be the sole and exclusive remedy available to the CHARTERER in the event of cancellation by the OWNER. The CHARTERER shall have no further claims, rights, or remedies against the OWNER arising out of or in connection with such cancellation. In the event of a cancellation by the OWNER, the OWNER shall promptly notify the CHARTERER of the cancellation. Except as provided in this clause, the OWNER shall not be liable for any consequential, indirect, or incidental damages, penalties, losses, costs, or expenses incurred by the CHARTERER due to the cancellation, including but not limited to travel expenses, accommodation costs, or any other associated expenses. Cancellation by Charterer If the CHARTERER cancels within 7 days of the Charter Period, the OWNER shall retain the Charter Fee. If the CHARTERER cancels the charter reservation for any reason 7 days "or more" before the Charter Period, the CHARTERER shall receive a refund of the Charter Fee minus a $249 administrative fee.  The OWNER shall not be obligated to refund any other payments made by the CHARTERER under this Charter Agreement, unless otherwise agreed upon in writing by the OWNER. The CHARTERER shall provide written notice to the OWNER of the cancellation as soon as possible by email addressed to book@yachtlyfe.ca. The cancellation notice shall specify the reason for cancellation and the date of cancellation. Except as provided in this clause, the OWNER shall not be liable for any consequential, indirect, or incidental damages, losses, costs, or expenses incurred by the CHARTERER due to the cancellation, including but not limited to travel expenses, accommodation costs, or any other associated expenses. Should the CHARTERER fail to pay, after having been given written notice by the OWNER, any amount due under this Bareboat Charter Agreement, the OWNER reserves the right to treat this Bareboat Charter Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payments and to recover all sums unpaid and due up to the date of the repudiation. Mutually Agreed Cancellation In the event of poor weather conditions, cancellation of the Charter may be necessary. In such cases, and subject to the considerations listed below, a full refund for the total amount of monies paid by the CHARTERER prior to cancellation will be issued by the OWNER to the CHARTERER.  The decision to proceed with or cancel the Charter due to weather conditions will be based on objective criteria determined by the OWNER and outlined below. The determination of weather suitability shall be made jointly by the OWNER and the CHARTERER, in consideration of all weather predictions and advisories provided by Environment Canada for the duration of the Charter Period.   The following weather conditions shall be considered unsuitable for charter: - Wind Speed: Consistently forecasted wind speeds exceeding 30 knots; - Wave Height: Significant wave heights exceeding 2 meters; - Rainfall: Persistent heavy rainfall with reduced visibility or safety concerns; or, - Storms: Presence of thunderstorms, lightning, or severe weather warnings in the vicinity. The CHARTERER may, with approval from the OWNER, choose to proceed with the Charter regardless of weather conditions if the safety of the Boat and guests is not compromised by said conditions. If the CHARTERER exercises this option, no credit or reimbursement shall be issued by the OWNER to the CHARTERER. Once the CHARTERER begins his Charter period after waiving his right to a credit, the unavailability of a credit shall not be affected by an eventual shortening of the Charter caused by the weather conditions.  Both parties shall maintain open communication regarding weather conditions and any decisions made regarding the Charter. The OWNER shall promptly notify the CHARTERER of any weather-related cancellations. The safety and well-being of all individuals aboard the Boat shall always take precedence over convenience, preferences, or other considerations.  CLAUSE 10 – QUITTANCE Upon receipt of the charter fee, and any other amounts due under this Charter Agreement, by signing this Charter Agreement, the CHARTERER is hereby providing the OWNER with a full and final release of all claims, liabilities, demands, damages, losses, costs, expenses and causes of action that the CHARTERER may have against the OWNER arising out of or related to this Bareboat Charter Agreement, the Boat or use of the Boat, whether caused by negligence, breach of contract, or otherwise. Upon receipt of the quittance, the CHARTERER acknowledges that the OWNER has no further obligations to the CHARTERER under this Bareboat Charter Agreement, and the CHARTERER shall have no further claims or rights against the OWNER in connection with the charter of the Boat. CLAUSE 11 – PAYMENT At the time of making the reservation, the CHARTERER shall pay the full amount owing for the Charter Period.  In addition to the charter fee, before you embark on the Boat, you will be required to provide a Security Deposit in the amount of $750.00. The Security Deposit will only be used in accordance with this Charter Agreement. If no additional charges apply, the Security Deposit will be automatically returned to you within 7 business days. All payments shall be made in Canadian Dollars (CAD), unless otherwise agreed upon in writing by the OWNER and the CHARTERER. Any applicable sales taxes will be in addition to the charter fee. The OWNER shall provide the CHARTERER with a receipt for all payments made under this Bareboat Charter Agreement. CLAUSE 12 – USE OF BOAT The CHARTERER shall exclusively employ the Boat as a pleasure craft for the sole and exclusive use of himself/herself/themselves, guests and/or servants during the term of this Bareboat Charter Agreement.  The CHARTERER shall not transport passengers for hire, transport cargo, or engage in any trade nor in any commercial activities, including fishing. The CHARTERER shall not engage in any illegal activities during the Charter Period. The CHARTERER shall be fully liable for any loss, damage, or expense arising from unauthorized operation. It is recommended that the CHARTERER does not allow themselves or their guest(s) to jump into open water. In particular, any jumping from the front, side or second level of the Boat, or from ramps, barriers or any object sticking out of or attached to the Boat, is not recommended and is dangerous. The CHARTERER agrees that the OWNER shall not be liable for injuries to the CHARTERER or their guests, including but not limited to injuries from any swimming or water activities by the CHARTERER or their guest(s). The CHARTERER acknowledges that swimming or water activities may pose a threat to their security and safety, and those of their guest(s), including death and/or severe injury. The CHARTERER shall indemnify, defend, and hold harmless the OWNER from and against any losses, damages, legal fees, lawsuits and or any legal proceeding, costs, legal costs or expenses incurred as a result any injury to any guest, guests or crew who are injured during the Charter Period, including but not limited to while swimming. CLAUSE 13 – MANNING REQUIREMENTS Captain The CHARTERER shall, at its sole and exclusive discretion and expense, select, hire, appoint and pay a Boat Captain and Crew to operate the Boat during the Charter Period, subject only to the following minimum requirements:  - The Boat Captain selected, hired, appointed and paid by the CHARTERER must possess a valid pleasure craft operator card and significant experience operating vessels of this size and type. - The CHARTERER shall ensure that the Boat Captain and crew hired by the CHARTERER shall have performed a 4-hour vessel-specific orientation and proof of competency aboard the Boat prior to the delivery to meet Transport Canada’s requirements for a bareboat charter rental of a pleasure craft, as outlined in the Rental Boat Safety Checklist (Schedule A). The CHARTERER will be responsible for paying all applicable fees, including the charter fee associated with orientation and proof of competency requirements. This requirement is to confirm that the Boat Captain is competent to operate the Boat safely. As required by the OWNER’s rental agreement with Boucherville Marina, the Boat Captain must also meet Boucherville Marina’s dock master and obtain his/her/their authorization to operate the vessel in close proximity to the Boucherville Marina harbour installations. If the Boat Captain chosen by the Charterer has already received the 4-hour vessel-specific orientation, they will nevertheless need to complete the Rental Boat Safety Checklist, but there will be no additional charge.  The CHARTERER is free to select and hire any Boat Captain so qualified to operate the Boat for the Charter Period. The CHARTERER shall provide to the OWNER the name of its selected Boat Captain and proof of their certifications and licenses at least seven (7) days prior to the commencement of the Charter Period or as soon as reasonably possible if the reservation is made within one (1) week before the Charter Period. At any time where he/she/they is operating the Boat, the Boat Captain shall carry the original documentation or a copy of their relevant certifications on board. The CHARTERER undertakes not to allow the operation of the Boat by anyone else during the Charter Period as this is strictly prohibited and a violation of this Bareboat Charter Agreement. Deckhand During the Charter Period, the Boat Captain shall be assisted by a Deckhand selected, hired, appointed and paid by the CHARTERER, at its sole and exclusive discretion and subject only to the following requirements:  - The Deckhand shall be over the age of eighteen (18) years old; and  - The Deckhand shall be approved by the Boat Captain to perform the duties of a deckhand.  The compensation rate and payment method of the Boat Captain and Deckhand are to be determined independently by the CHARTERER and the Boat Captain and Deckhand. The OWNER shall have no say and no responsibility as to the relationship between the CHARTERER and the Boat Captain and Deckhand.  CLAUSE 14 – COMPLIANCE WITH REGULATIONS The CHARTERER agrees to use the Boat in strict compliance with all applicable local, provincial and federal laws, regulations and safety standards governing the operation, navigation, and maintenance of boats of the same type as the Boat. This includes, but is not limited to, safety equipment requirements, navigation rules, and environmental regulations. Prior to the commencement of the Charter Period, the CHARTERER or their Boat Captain shall inspect the safety equipment and ensure that all required safety equipment is on board. The Charterer and the Boat Captain shall sign a Rental Boat Safety Checklist (SCHEDULE A) and provide a copy to the Owner prior to the commencement of the Charter Period.  The CHARTERER and the Boat Captain shall navigate and operate the Boat with due care and in a manner consistent with prudent seamanship. The CHARTERER shall avoid reckless or negligent behaviour that could endanger the Boat, its guests, or other boats.  The CHARTERER shall comply with all environmental protection laws and regulations, including those governing waste disposal, fueling procedures, and wildlife protection. The CHARTERER shall not discharge any pollutants, hazardous materials, or waste into the water or environment. The CHARTERER shall promptly notify the OWNER of any accidents, incidents, or violations involving the Boat. The CHARTERER shall cooperate fully with the OWNER and relevant authorities in any investigations related to safety or environmental regulatory compliance. The CHARTERER acknowledges that failure to comply with any applicable regulations may result in legal consequences, including fines, penalties, or the termination of this Bareboat Charter Agreement by the OWNER. The CHARTERER shall be solely responsible for any fines, penalties, or damages arising from non-compliance with regulations during the Charter Period.  The CHARTERER and guests shall, at all times during the Charter Period, give due consideration to reasonable instructions from the Boat Captain for the safety and enjoyment of the Charter. In the event that the CHARTERER is dissatisfied with the performance of the Boat Captain or crew, the CHARTERER may request the dismissal of the Boat Captain or crew they selected. However, such dismissal can only take place once an alternate qualified Boat Captain or crew is arranged and prepared to onboard the Boat, as per the terms of this Bareboat Charter Agreement.  CLAUSE 15 - MAXIMUM NUMBER OF PERSONS The CHARTERER shall ensure that the maximum capacity of the vessel is respected and shall be responsible for any penalties, fines, seizure, fees, damages or loss of income if they are alleged and or found guilty/liable to have breached the maximum capacity of the vessel by any Canadian authority.  The CHARTERER shall not at any time during the Charter Period exceed the total capacity of the Boat (1875kg). Overloading the Boat beyond the maximum recommended capacity may compromise the safety and seaworthiness of the Boat. The maximum capacity is established to ensure the safety, comfort, and enjoyment of all individuals on board the Boat. The CHARTERER shall ensure that all guests adhere to this limit and understand the importance of maintaining a safe and comfortable environment while on board. The CHARTERER acknowledges that exceeding the maximum capacity may result in legal consequences, fines, or penalties imposed by regulatory or government authorities. The CHARTERER accepts complete responsibility for ensuring that the maximum capacity is respected, and shall be solely responsible for any fines, penalties, losses or damages arising from non-compliance with the maximum occupancy clause. If the CHARTERER allows more persons than permitted by the maximum capacity to board and occupy the Boat during the Charter Period, and as a result, the OWNER’s permits, licenses, or approvals are suspended, revoked, or otherwise compromised, the CHARTERER shall be liable to the OWNER for any and all resulting profit losses, damages, costs, penalties, fines, boat detentions or other expenses incurred or to be incurred by the OWNER due to such violation. CLAUSE 16 – INSURANCE As the CHARTERER assumes full responsibility for the Boat, its operation, crewing, maintenance, and legal compliance during the Charter Period, the CHARTERER is encouraged to obtain their own insurance coverage to protect against personal liability, damages, losses, or other risks that may arise during the Charter Period. In any event and for greater clarity, the CHARTERER assumes full responsibility, including personal liability, for any insured, uninsured and underinsured risks, damages, losses, or liabilities arising from the CHARTERER’s use of the Boat. CLAUSE 17 – SUBSTANCES ON BOARD The CHARTERER is permitted to bring and consume food, alcoholic and non-alcoholic beverages on board the Boat during the Charter Period.  There will be no food or beverages available for purchase on the Boat, all must be brought on board by the CHARTERER.  Alcoholic beverages may be brought on board at the CHARTERER’s discretion, provided they are consumed responsibly and in compliance with applicable laws and regulations. The CHARTERER and guests shall not bring, possess, distribute, or consume any illegal drugs, narcotics, pharmaceutical drugs that are not prescribed by a doctor to the person consuming them or other illicit substances on board the Boat at any time during the Charter Period. Violation of this provision shall be considered a material breach of this Bareboat Charter Agreement and will result in immediate termination of the Bareboat Charter Agreement without refund. The parties agree that this is a material term of the Bareboat Charter Agreement. The CHARTERER shall be solely responsible for any consequences, penalties, fines, or damages arising from the possession, consumption, or distribution of any drugs, including but not limited to illicit substances, or non-compliance with applicable laws and regulations related to food and beverages brought on board by CHARTERER. CLAUSE 18 – WEATHER CONDITIONS The CHARTERER agrees to adhere to all weather advisories and restrictions provided by the local authorities. The CHARTERER or Boat Captain shall not operate the Boat in adverse weather conditions that may jeopardize the safety of the Boat, guests, or crew. In the event of severe weather conditions or emergencies, the CHARTERER and/or Boat Captain shall seek shelter in safe harbours and take necessary precautions to secure the Boat until conditions improve. CLAUSE 19 – CHILDREN AND MINORS The CHARTERER undertakes that children and minors onboard the Boat are supervised at all times to prevent accidents, injuries, or unauthorized use of the Boat’s equipment. The CHARTERER undertakes to ensure that children and minors under the age of 14 shall wear a properly fitted and Transport Canada approved lifejacket when on deck or in open areas of the Boat. CLAUSE 20 – NO SMOKING INSIDE The CHARTERER undertakes to ensure that smoking or vaping will be strictly prohibited inside the Boat, including but not limited to, cabins, salons, bathrooms, and any enclosed spaces. CLAUSE 21 – NO PETS ON BOARD The CHARTERER undertakes not to allow any animals on the Boat for sanitary and health (allergies) reasons, unless it is a service animal – this will require proof that the animal is deemed a service animal, to be sent to the Owner seven (7) days prior to the Charter Period. Any violation shall be considered a breach of this Bareboat Charter Agreement, and the CHARTERER may be subject to a cleaning fee, as specified in Clause 5, and additional penalties or termination of the Charter. CLAUSE 22 – DRONE USE The CHARTERER shall comply with all applicable laws, regulations, and airspace restrictions when operating drones or unmanned aerial vehicles (UAVs) while onboard the vessel, including obtaining necessary permits and respecting privacy rights. The CHARTERER shall be solely responsible for any damages, injuries, or violations resulting from the use of drones or UAVs during the Charter Period. CLAUSE 23 – NON-ASSIGNMENT The CHARTERER shall not assign, transfer, sublicense, or delegate any of its rights, interests, or obligations under this Bareboat Charter Agreement to any third party, in whole or in part without the prior written consent of the OWNER.  Any attempt by the CHARTERER to assign, transfer, sublicense, or delegate any rights or obligations under this Bareboat Charter Agreement without the OWNER’s prior written consent shall be null, void, and of no effect. Such unauthorized assignment shall constitute a material breach of this Bareboat Charter Agreement, entitling the OWNER to terminate this Bareboat Charter Agreement immediately without liability or obligation to the CHARTERER. The OWNER shall have no obligations, responsibilities, or liabilities to any third party to whom the CHARTERER has improperly assigned, transferred, sublicensed, or delegated any rights or obligations under this Bareboat Charter Agreement, and the CHARTERER shall indemnify, defend, and hold harmless the OWNER from and against any losses, damages, costs, or expenses incurred as a result of such unauthorized assignment. CLAUSE 24 – RELEASE AND HOLD HARMLESS To the fullest extent permitted by law, the CHARTERER agrees to release, waive, and discharge the OWNER, its affiliates, partners, representatives, contractors, officers, directors, employees, agents, successors, and to assign from any and all claims, liabilities, damages, losses, costs, or expenses (including lawyer’s fees) arising out of or in connection with the CHARTERER’s use, operation, or possession of the Boat, whether caused by negligence, breach of contract, or otherwise. The CHARTERER agrees to indemnify, defend, and hold harmless the OWNER, its affiliates, partners, representatives, contractors, officers, directors, employees, agents, successors, and assigns from and against any and all claims, legal proceedings, liabilities, damages, losses, costs, or expenses (including attorney's fees) arising out of or in connection with: - The CHARTERER’s use, operation, or possession of the Boat during the Charter Period; - The CHARTERER’s breach of any term or condition of this Bareboat Charter Agreement; - Any injury to any persons, including death, or damage to property caused during the Charter Period; - Any violation of applicable laws, rules, or regulations by the CHARTERER or Boat Captain or Crew during the Charter Period; - Any damages or losses to the Boat, including but not limited to, damages caused by the CHARTERER, the Boat Captain, the Crew or guest(s), whether it be by way of negligence, misconduct, breach, or failure to comply with the terms of this Bareboat Charter Agreement; - Any claims or disputes between the CHARTERER and third parties arising out of the CHARTERER’s use or possession of the Boat, such as but not limited to boating accidents; and, - Any claims or disputes between the CHARTERER, Boat Captain, crew and/or other guests, crew, or visitors onboard the Boat during the Bareboat Charter Period. Except for claims arising from the OWNER’s gross negligence or willful misconduct, the OWNER’s total liability under this Bareboat Charter Agreement shall not exceed the total amount paid by the CHARTERER to the OWNER under this Bareboat Charter Agreement during the Charter Period. The parties agree that provisions of this Release and Hold Harmless clause shall survive the termination or expiration of this Bareboat Charter Agreement and shall continue in full force and effect thereafter. The CHARTERER agrees that he/she/they have received Independent Legal Advice prior to signing this agreement, or that they have had the opportunity to do so before signing.  CLAUSE 25 – GOVERNING LAW This Bareboat Charter Agreement shall be governed by and construed in accordance with Canadian maritime law, to the exclusion of the laws of any province except where compulsory applicable.  CLAUSE 26 – MANDATORY ARBITRATION Any dispute, controversy, or claim arising out of or relating to this Bareboat Charter Agreement, including but not limited to its formation, interpretation, breach, or termination, shall be resolved by way of arbitration in Montreal, Québec, in accordance with the rules of the Vancouver Maritime Arbitrators Association (“VMAA”). The arbitration shall be conducted by a single arbitrator appointed by mutual agreement of the parties or, failing such agreement, appointed by the President of the VMAA. The arbitration proceedings shall be conducted in either French and/or English.  The costs of the arbitrator shall be shared equally by the parties. Each party shall bear its own costs and expenses of arbitration, including legal fees and disbursements. The arbitrator’s decision shall be final and binding, and no appeal shall lie therefrom, unless permitted by the Court. Judgement upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.  Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction to enforce its rights under this Bareboat Charter Agreement pending the resolution of the dispute through arbitration. CLAUSE 27 – SEVERABILITY If any provision of this Bareboat Charter Agreement is deemed or held to be invalid, illegal or unenforceable, such invalidity, unenforceability or illegality shall not affect the validity, enforceability or legality of the remaining provisions of this Bareboat Charter Agreement and this Charter Agreement will be deemed to be amended to the extent necessary to make it valid, enforceable and legal, or, if necessary, this Bareboat Charter Agreement will be deemed to be amended to delete the invalid, unenforceable or illegal provision or portion thereof. In the event any provision is deleted or amended, the remaining provision(s) will remain in full force and effect.  CLAUSE 28 – WAIVER The failure of either party to enforce any provision of this Bareboat Charter Agreement shall not be deemed a waiver of that provision or any other provision of this Bareboat Charter Agreement. CLAUSE 29 – ENTIRE AGREEMENT This Bareboat Charter Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior arrangements, understandings or agreements, whether oral or written, between them relating to the subject matter of this Bareboat Charter Agreement. The CHARTERER acknowledges and agrees that, in entering into this Bareboat Charter Agreement, the CHARTERER has not relied on any oral statements, representations, or warranties made by the OWNER or any other person or entity on their behalf, and any such statements, representations, or warranties shall not be binding upon the OWNER or their representative. Except as expressly provided in this Bareboat Charter Agreement, no implied terms, conditions, warranties, or representations shall apply to this Bareboat Charter Agreement or the parties’ obligations hereunder. Any amendments, modifications, or changes to this Bareboat Charter Agreement must be in writing and signed by both the OWNER and the CHARTERER to be valid and enforceable.  The headings used in this Bareboat Charter Agreement are for convenience only and shall not affect the interpretation or construction of this Bareboat Charter Agreement.  This Bareboat Charter Agreement was signed on _____________________________ Per: ________________________ CHARTERER And Per: ___________________ Authorized Representative of Yacht Bros Corp. OWNER SCHEDULE A RENTAL BOAT SAFETY CHECKLIST THIS RENTAL BOAT SAFETY CHECKLIST, ALONG WITH THE BOOKING NOTE AND THE BAREBOAT CHARTER AGREEMENT, FORM THE CONTRACT BETWEEN THE OWNER OF THE BOAT AND THE CHARTERER.  BEFORE YOU GO  [ ] I will follow the maximum load for this boat, which is 1875kg or 25 people. [ ] There are enough personal flotation devices or lifejackets of the proper size for all people on board.  [ ] Required safety equipment for this Boat is on board, in good working condition and easy to reach.  [ ] I understand when and how to use the safety equipment on board.  [ ] Nobody should go on board the Boat while intoxicated.  [ ] Nobody should bring or consume illegal drugs on the Boat. Prescription medicines can be taken if the prescription is also on board.  [ ] Nobody should take animals or pets on board, except for certified guide or service dogs.  [ ] Nobody should do any scuba diving, helmet diving, snorkeling, waterskiing, aquaplaning or parasailing from the boat.  [ ] The owner reviewed a chart or map of the area and showed me the suggested routes for the rental period.  [ ] I have been told about any buoys and signs in the area and know their meaning.  ON THE WATER  [ ] I will evenly distribute people and equipment on board.  [ ] I will ensure that guests use caution when the boat is moving and keep a firm grip on the boat and stay low if they need to move around the boat.  [ ] I will not allow guests to sit on the swim platform, front, sides or rear of the boat when it is moving.  [ ] Children under 14 should wear a personal flotation device or lifejacket at all times when they are on the outside deck of the Boat.  [ ] Everybody on board should wear a personal flotation device or lifejacket at all times if the weather or water conditions are rough.  [ ] Nobody should take or use pyrotechnics on board.  [ ] Nobody should use a drone or a robotic or remotely controlled surface or underwater vehicle from the boat.  [ ] Nobody should use a jet ski, canoe, kayak, paddleboard or inflatable raft from the boat.  [ ] Nobody should dive or jump from the front, sides or upper deck of the boat. No swimming unless the motor is off, keys are removed propeller has stopped and boat is anchored. Swimming only in safe water areas from the stern swim platform.  [ ] I will operate this boat at speeds that are safe for conditions.  [ ] I can operate the navigation lights on this boat and will use them at night or when visibility is poor.  [ ] When crossing the path of another boat, I will yield (give way) to the boat on my right (starboard).  [ ] If there is a threat of a collision, I will slow down, steer away and /or stop.  [ ] When I meet another boat head on, I will steer to the right (starboard).  [ ] when overtaking another boat I will pass to either the left (port) or right (starboard) side at a safe distance.  [ ] I will yield (give way) to all non-motorized boats, including sailboats, canoes and kayaks. I will also stay clear of large commercial vessels.  [ ] I will obey all buoys and signs.  [ ] I will anchor this boat from the front (bow). I will only anchor in safe areas.  [ ] I will keep constant watch for other boats, hazards to navigation and weather changes.  [ ] I will keep clear of swimmers and will avoid creating any hazard that may affect people, wildlife, shoreline and other boats.  [ ] I know what to do if dangerous weather occurs. - Close the swim gate - Everyone puts on personal floatation devices or lifejackets - Slow down, but keep the boat moving ahead - Steer into big waves at an angle - Move to a sheltered area or to a safe berth  [ ] I understand that alcohol or drugs and boating don’t mix and may reduce my ability to operate the boat safely. I will not operate this boat or allow anyone else to operate this boat while under the influence of alcohol or other drugs.  IN AN EMERGENCY  [ ] I know that I must stop and offer assistance in case of an accident or a distress call.  [ ] I know how to get help for mechanical breakdown or other emergency  [ ] I know what to do if anyone falls overboard - Point to the person in sight at all times - Throw a buoyant line to the person - Circle around into the wind and stop the propellor before approaching the person along the side by the stern of the boat - Pull the person onto the stern of the boat  [ ] I know what to do if there is a collision or capsize - Shut the engine - Count everyone if they are safe - Stay in the water with the boat if it is not sinking - Make emergency horn or light signal - Do not try to swim to shore - Huddle together to stay warm  BOAT SPECIFIC  [ ] I know how to start and stop the engine, operate the throttle and gearshift and safely steer this boat.  [ ] I have been shown the engine cut off device and know how to use it.  [ ] I have been shown how to safely fuel this boat.  [ ] I am aware of how to safely leave and return to the dock.  [ ] This Boat’s handling characteristics have been explained to me. I agree that a completed Rental Boat Safety Checklist is a valid proof competency under the Competency of Operators of Pleasure Craft Regulations when signed by the customer and rental agent AND carried on board for the duration of the rental.  [ ] I agree to follow all applicable boating laws and regulations, and will operate this boat in a safe manner.  [ ] I will not allow anyone else to operate this boat unless they have a valid proof competency (such as a Pleasure Craft Operator Card) AND meet the age and horsepower restrictions  [ ] I have been made aware of any additional requirements specific to this rental agency, and I agree to follow these requirements.  Date: __________________________  Boat Description: 2009 Azimut 50’ Flybridge Departure (date and time): _________________  Vessel Official Number/ License Number: ON847570 Return (date and time): _________________  Total People onboard: __________________  Customer (CHARTERER) Name (print): __________________  Boat Captain: ____________________ Signature: _______________________