Searay Sundancer 390 Yacht for charter in Chicago

RECREATIONAL VESSEL (BAREBOAT) CHARTER AGREEMENT This RECREATIONAL VESSEL (BAREBOAT) CHARTER AGREEMENT, made as of the ___ day of____________, 202_, by and between the company. (hereinafter referred to as “OWNER”) and __________________________ (hereinafter referred to as "CHARTERER"). CHARTERER represents and warrants that he/she is at least twenty-one (21) years of age as of the date of this Agreement. As a recreational vessel (bareboat) charterer, you will be fully responsible for the operation of the Vessel during the Charter Period as though you were its Owner. IN WITNESS WHEREOF: 1. Charter Period. OWNER hereby agrees to demise and bareboat charter, and CHARTERER agrees to hire, on a bareboat basis upon the terms and conditions and for the consideration set forth hereinbelow, that 2005 41’ Sea Ray 390 Sundancer, known as “R Boat 4 U” (hereinafter referred to as “the Vessel”) for a period commencing at ________a.m./p.m. on _____________ and terminating at _________a.m./p.m., on __________________. 2. Charter Hire. Charter Hire is the sum of $______ per hour except on holidays and for special events which is $______ per hour. Fuel, payable by CHARTERER, will be charged separately at the rate of $6.00 per gallon of fuel consumed during the Charter Period. Fuel is estimated to cost approximately $175.00, but will be charged based on actual consumption. 3. Delivery of Vessel. The Vessel shall be delivered to CHARTERER at 31st Street Harbor, 3155 S. Lake Shore Dr, Chicago, IL 60616, Dock H, Slip 10. OWNER warrants that the Vessel, when delivered to CHARTERER, shall be in a good and seaworthy condition and shall comply with all applicable laws and regulations pertaining to the condition of the Vessel. 4. Pre and Post Vessel Inspections. CHARTERER shall perform a pre-charter inspection of the Vessel upon delivery of the Vessel to CHARTERER, to ensure that the Vessel is suitable for CHARTERER’s intended use and to familiarize CHARTERER and CHARTERER’S captain and crew, if any, with the Vessel, its equipment and safety procedures, and to note any pre existing damages or conditions of the Vessel. The Vessel shall also be inspected upon its return and any damage or other conditions of the Vessel, not noted on the pre-charter inspection, shall be for CHARTERER’S account. 5. Running Expenses/Maintenance/Charges of Vessel. CHARTERER shall maintain the Vessel in good order and condition, reasonable wear and tear excepted. CHARTERER shall be responsible for any repairs to Vessel to the extent the need for such repairs Page 1 of 7 arises from the use, negligence, or willful misconduct of CHARTERER, its officers, agents, employees, invitees, passengers, or guests. All running expenses incurred during the Charter Period, including, but not limited to, dockage, port charges, temporary dock fees, pilotage fees, if any, consumable goods, food, water, fuel, fees and taxes as applicable, provisions and supplies for CHARTERER’s use and enjoyment, and any other expenses necessary to maintain the Vessel and its occupants in good order during the Charter Period, are provide by and paid for by CHARTERER. 6. Operator Competency/Captain and Crew. CHARTERER agrees to only use a qualified captain and crew. Minimum operator requirements for the Vessel include the following: valid USCG 25 gross ton or greater license who demonstrates knowledge of and familiarity with the Vessel, CPR and first aid certified. In addition, in accordance with the restrictions set forth in OWNER’s policy of insurance, the selected captain must have a minimum of two (2) years of experience operating vessels of a similar type and size (within 10 feet) as the Vessel, have no marine losses in the past ten (10) years, no violations/suspensions (including auto) in the last five (5) years, and no criminal convictions or pleas of no contest ever. CHARTERER is responsible for selecting and compensating the captain and crew, who shall be employees of CHARTERER for the duration of the Charter. The captain and crew selected by CHARTERER shall, at all times, be under the total and exclusive control of CHARTERER, and not OWNER. CHARTERER may choose a captain and crew known to CHARTERER, who meet the qualifications set forth in this paragraph, or may choose from a list of qualified operators provided by OWNER. CHARTERER has the right to discharge, for cause, the Captain or any crew member during the term of the Charter. 7. Navigational Limits. CHARTERER expressly agrees that the operation of the Vessel will be limited to Lake Michigan and the Chicago River - not to exceed 150 miles offshore. Violation of these limits shall be considered a breach of this Agreement and CHARTERER shall be liable for any and all damages resulting thereby, including but not limited to, damages, costs and expenses arising as the result of a cancelation or invalidation of the Vessel insurance. CHARTERER agrees that all navigational limits are subject to weather and that OWNER does not guarantee destination. 8. Insurance. OWNER warrants that the Vessel is insured against fire, marine and collision risks, hazards to the voyage, including all 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 Charter Period, subject to any and all deductibles, limitations, restriction and exclusions set forth in the applicable policy of insurance. The policy of insurance is to be held by OWNER for OWNER’s benefit. OWNER does not warrant, represent or guarantee that the interest of CHARTERER is covered under the liability portion of the Vessel’s insurance policy. CHARTERER should arrange for his/her own insurance as he/she deems appropriate for the Charter. CHARTERER agrees and warrants that neither CHARTERER, CHARTERER’s passengers, guests, occupants, and invitees, or the master/crew engaged by CHARTERER, will act in any manner contrary to the terms of any policy of insurance applicable to the Vessel and/or the voyage, so as to invalidate coverage or render the policy canceled or void. Page 2 of 7 9. Damage. CHARTERER agrees to pay out of pocket for all uninsured loss or damage, including but not limited to, as a result of the invalidation or cancelation of insurance due to acts of CHARTERER or CHARTERER’s passengers, guests, occupants, and invitees, master or crew, and/or due to excessive cleaning, or associated costs arising from the Charter, and CHARTERER also agrees to pay OWNER for any loss, damage, theft, disappearance, collision or other occurrence to the Vessel during the Charter Period. The CHARTERER agrees to immediately report any accident, loss or damage to OWNER and further agrees to cooperate and provide written or oral statements to OWNER or its designated representative. 10. Use of Vessel. CHARTERER agrees that the Vessel shall be used exclusively as a recreational vessel for the sole and proper use by CHARTERER and CHARTERER’S guests, passengers and invitees during the term of the Charter, and agrees not to transport merchandise for hire or carry passengers for hire, or engage in any trade, or in any way violate any laws of the United States or of any other governmental body within the jurisdiction in which the Vessel may be at any time during the Charter. CHARTERER acknowledges and agrees that the maximum number of persons allowed aboard the Vessel while underway, moored, docked or anchored shall be twelve (12) persons excluding CHARTERER, the Master or captain, and crew hired and paid by CHARTERER which are acting in the navigation and service of the Vessel for the voyage. CHARTERER is prohibited from charging CHARTERER’s passengers a fee or accepting other consideration as a condition of being a guest aboard the Vessel In accordance with the restrictions set forth in OWNER’s policy of insurance, use of the Vessel is restricted to the period between sunrise and sunset. Use of the Vessel is strictly prohibited between sunset and sunrise. In accordance with the restrictions set forth in OWNER’s policy of insurance, the following activities are STRICTLY PROHIBITED at any time during the Charter Period: racing, diving, water skiing, barefoot skiing, kneeboarding, sit-down hydrofoiling, skurfing, wakeboarding, wakeskating, discing, tubing, towing or pulling. Violation of these prohibitions/restrictions shall be considered a breach of this Agreement and CHARTERER shall be liable for any and all damages resulting thereby, including but not limited to, damages, costs and expenses arising as the result of personal injury or death, or of a cancelation or invalidation of the Vessel’s insurance. All persons under the age of 13 years shall wear a life jacket at all times while on board the Vessel. Swimming is undertaken at the sole risk of CHARTERER and CHARTERER’S guests, passengers and invitees. 11. Compliance with Laws. CHARTERER shall ensure compliance with all local, state and federal laws and U.S. Coast Guard regulations during the Charter Period as well as the laws and regulations of any jurisdiction into whose waters the Vessel shall enter during the course of this Charter Agreement. If CHARTERER or any of CHARTERER’s guests, passengers, occupants, employees, or invitees shall commit any offense contrary to the laws and regulations of any jurisdiction which results in the Vessel being detained, arrested, seized or fined, CHARTERER shall indemnify OWNER against any and all loss, damage and expense incurred by the Vessel and/or OWNER. CHARTERER shall be liable for any and all fines, penalties, damages and forfeitures as a result of any such offense or any negligence or intentional acts of CHARTERER or any of CHARTERER’s guests, passengers, occupants, employees or invitees, and CHARTERER shall indemnify, hold harmless and defend OWNER for the same, including for reasonable attorneys’ fees and costs. Page 3 of 7 12. Alcohol, Illegal Drugs, Marijuana. CHARTERER warrants and agrees not to operate the Vessel, or allow the Vessel to be operated by any person or operator that is under the influence of alcohol, illegal drugs or marijuana. CHARTERER acknowledges and represents that CHARTERER has been informed of, or is other aware of, the U.S. Coast Guard’s policy of “zero tolerance” of drugs aboard vessels and warrants to OWNER that there will be no illegal drugs, marijuana, or other contraband brought aboard the Vessel at any time during the Charter Period or any extension thereof. CHARTERER agrees to fully indemnify, defend and hold OWNER harmless for any losses suffered by OWNER and/or the Vessel in the event that CHARTERER breaches this covenant, including, but not limited to, for any and all losses, fines, penalties, and damages, including reasonable attorneys’ fees and costs, incurred by OWNER and/or the Vessel, in defending any action bought against OWNER and/or the Vessel by any governmental agency or otherwise, whether local, state, federal, or foreign, as a result of the violation of any regulations, laws, or contraband laws or policies. 13. Liens. CHARTERER and CHARTERER’s agents and employees, shall have no rights, power, or authority to create, incur, or permit to be imposed upon the Vessel, including its appurtenances, any liens or encumbrances of any nature. CHARTERER agrees to indemnify, defend and hold harmless OWNER for any charges or losses in connection therewith, including reasonable attorneys’ fees and costs, incurred by OWNER with regard to any such liens or encumbrances, including but not limited to any actions to secure the satisfaction and/or release of same. 14. Sub-Charter or Assignment. CHARTERER shall not sub-charter or assign this Charter without obtaining the prior written consent of OWNER. 15. Re-delivery of the Vessel. CHARTERER shall, at the expiration of the Charter Period or any agreed to extensions thereof, re-deliver the Vessel, her equipment and furnishings, free and clear of any indebtedness or encumbrances incurred for CHARTERER’s account, to OWNER, at the time and place specified above, in as good condition as when delivery was taken, ordinary wear and tear excepted. If re-delivery of the Vessel is delayed by reason of force majeure, re-delivery shall be made as soon as possible thereafter and this Agreement shall remain in effect with no penalty against CHARTERER. If re-delivery of the Vessel is delayed for reasons attributable solely to the CHARTERER, then for each hour, or portion thereof, of delay in re delivery of the Vessel, 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 and additional loss or damages, if any, flowing from CHARTERER’s delay. If CHARTERER elects to re-deliver the Vessel prior to the expiration of the Charter Period for reasons not attributable to OWNER, CHARTERER shall not be entitled to the return of any Charter Hire. 16. Failure to Deliver the Vessel. OWNER shall not be responsible for failure to deliver the Vessel at commencement of the Charter Period if such failure is caused by reasons beyond the control of OWNER or by reason of the Vessel having been lost or disabled. Should such delivery not be made within one day after the specified date, this Agreement may be canceled by OWNER or CHARTERER and any deposits or amounts paid on Charter Hire shall be returned to CHARTERER, and OWNER shall have no further duty or liability under this Agreement, and Page 4 of 7 shall not be liable to CHARTERER for any costs or expenses incurred by CHARTERER, whether such loss be either direct or indirect or result in any special or consequential damages. 17. Cancellation by Charterer. In the event CHARTERER cancels this Agreement at least five (5) days prior to the commencement of the Charter Period, OWNER shall refund 100% of any Charter Hire paid by CHARTERER. In the event CHARTERER cancels this Agreement between three (3) days and four (4) days prior to the commencement of the Charter Period, OWNER shall refund 50% of any Charter Hire paid by CHARTERER. In the event CHARTERER cancels this Agreement less than three (3) days prior to the commencement of the Charter Period, CHARTERER shall not be entitled to a refund of any part of the Charter Hire paid, which shall be retained by OWNER. Notwithstanding the above, the Charter may, in the sole discretion of OWNER, be canceled or rescheduled due to weather, without penalty to CHARTERER or OWNER. 18. Cancellation by the OWNER. If prior to the start date of the Charter Period, this Agreement is cancelled in writing (including by e-mail) by OWNER, all monies paid by CHARTERER shall be refunded in full to CHARTERER, and OWNER shall have no further liability whatsoever to CHARTERER. 19. Security Deposit. A security and damage deposit of $500.00 shall be paid by CHARTERER to OWNER prior to delivery of the Vessel, which shall be applied to late return charges, any damage not covered by insurance (including the deductible of any applicable insurance policy), the repair of any damages or loss of equipment not paid for or replaced during the Charter Period, or other fees and costs due and owing by CHARTERER to OWNER under the terms of this Agreement. The Security Deposit shall be held for not greater than ten (10) days after re-delivery of the Vessel by CHARTERER pending review of an inspection report by OWNER. 20. INDEMNIFICATION. CHARTERER shall indemnify, defend and hold harmless OWNER and its members, officers, directors, agents, representatives, heirs, and employees from and against any and all claims, causes of action, damages, expenses or liabilities arising from or relating to the performance of this Agreement and/or CHARTERER’s use of the Vessel and/or its equipment, including without limitation, against and from any and all liability to third parties for loss, injury, death, or damage attributable to acts or omissions of CHARTERER or CHARTERER’s passengers, guests, occupants, and invitees, or the master/crew engaged by CHARTERER, and/or as a result of acts or omissions of CHARTERER or CHARTERER’s passengers, guests, occupants, and invitees, or the master/crew engaged by CHARTERER which result in the cancelation or invalidation of the Vessel’s insurance, and/or for all claims, causes of action, damages, expenses or liabilities for loss , injury, or damage to any property, or from death or injury to any person or persons, including, but not limited to, CHARTERER and CHARTERER’s captain, crew, invitees, passengers, occupants, guests, and third parties. CHARTERER shall also indemnify, defend and hold harmless OWNER and its members, officers, directors, agents, heirs, representatives and employees from and against any and all claims, damages, expenses, fines, penalties, or liabilities assessed or charged by the U.S. Coast Guard, Illinois Department of Natural Resources, Conservation Police, or any other governing or governmental agency, relating or resulting from, or for, CHARTERER’s improper or negligent Page 5 of 7 operation or use of the Vessel, including as contrary to a bareboat charter or use as a recreational vessel, whether the same is only alleged or proven to be true. CHARTERER’s duty to defend, indemnify, and hold harmless shall include the duty to pay all reasonable attorneys’ fees and costs incurred by OWNER in the defense of any and all such claims identified in this paragraph, or related to the defense and indemnification of OWNER and/or the Vessel. In addition thereto, CHARTERER shall be liable for all reasonable attorneys’ fees and costs incurred by OWNER in enforcing the terms of this indemnification provision. 21. WAIVER OF LIABILITY. CHARTERER agrees that CHARTERER and all of CHARTERER’s guests, passengers, occupants, and invitees will sign a Release, Waiver of Liability, and Indemnification Agreement prior to boarding the Vessel. Said Agreement must be returned to OWNER or OWNER’s representative prior to or at the time of boarding the Vessel. No person shall be permitted to board the Vessel after the Vessel has left the dock. 22. Choice of Law/Forum/Jurisdiction. This Agreement shall be construed under and governed by Federal Admiralty Law. To the extent Federal Admiralty Law does not apply, the laws of the State of Illinois, excepting for the choice of law rules of said state, shall apply. If any provision shall, for any reason, be found to be invalid, illegal, or unenforceable in any respect, such shall not affect any other provision of this Agreement. Any actions or controversies arising out of or relating to this Agreement, including but not limited to any breach hereof, shall be brought in the federal court of the Northern District of Illinois, Eastern Division, and CHARTERER expressly agrees to submit to the personal jurisdiction of said courts. 23. Entire Agreement/Binding Effect. This Agreement constitutes the entire agreement as between OWNER and CHARTERER and supersedes any prior written or oral agreements or understandings between them. This Agreement may not be modified or amended other than by a written document signed by both OWNER and CHARTERER. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by or against the parties and their representatives, heirs, estates and permitted assigns, whether specifically so expressed or not. 24. Signature. Digitally signed copies of this Agreement and/or electronically transmitted signatures on the Agreement shall have the same force and effect of original signatures and shall be binding. [Signatures on Next Page] Page 6 of 7 Agreed as Above Written: CHARTERER: _________________________________________________________ Printed Name:______________________________________________ Address:___________________________________________________ E-Mail:________________________________ Phone:_______________________ Date:________________________________ __________________________________________________________ By:_______________________________________________________ Printed Name: E-Mail: _____________________________ Date:________________________________