Luxury Class Boston Whaler 250 Outrage Center Console with USCG Licensed Captain

1. Agreement to Let and Hire. The COMPANY agrees to charter the Vessel to the CHARTERER and CHARTERER agrees to hire the Vessel described above on the terms and conditions set forth in this Vessel Charter Agreement (“Agreement”). CHARTERER agrees to pay the Charter Fee, Delivery/Re-Delivery Fee, the Damage Deposit (if any) and any other agreed charges, or running expenses, in cleared funds, no later than the dates provided above. Capitalized terms in this Agreement refer to the corresponding terms in the table above unless otherwise defined herein. 2. Vessel Delivery. The Vessel’s home berth is located in Loggerhead Marina, Riviera Beach, Florida (“Home Berth”) with a secondary location in Lake Park Marina, Lake Park Florida (“Secondary Location”) used for all customer pick up and drop off. If CHARTERER specifies a Delivery or Re-Delivery Location other than the Vessel’s Secondary Location, CHARTERER may be responsible for fees incurred to move the Vessel to and from the Secondary Location, including crew wages, fuel, and any other related costs. At the beginning of the Charter Period, the COMPANY will deliver the Vessel at the Place of Delivery, and the CHARTERER will take delivery of the Vessel, in full commission and working order, seaworthy, clean, in good condition throughout, with tanks filled and ready for service, with all equipment required by the U.S. Coast Guard, including current safety and life-saving equipment (including life-jackets for children, if any of the CHARTERER’s guests are children). 3. Charterer’s Re-Delivery. The CHARTERER must Re-Deliver the Vessel to the COMPANY at the Place of Re-Delivery free of any debts incurred by the CHARTERER and in as good a condition as when delivery was taken. If the CHARTERER wishes, and with the COMPANY’s consent, which will not be unreasonably withheld, the CHARTERER may Re-Deliver the Vessel at the Place of Re-Delivery and disembark before the end of the Charter Period, but such early Re-Delivery will not entitle the CHARTERER to any refund of any part of the Charter Fee. 4. Cruising Area and Use. The CHARTERER shall restrict the cruising of the Vessel to the Cruising Area and to regions within the Cruising Area in which the Vessel is legally permitted to cruise. In no circumstance may the Cruising Area exceed the navigational limits stated in the Vessel’s insurance policy. The CHARTERER agrees that the Vessel will be used exclusively as an Uninspected Passenger Vessel under the maritime laws and regulations of the United States and shall not use the Vessel to transport cargo, engage in trade, or violate any laws or regulations of the United States or any jurisdiction in which the Vessel may travel. The Vessel will comply with all laws, rules, and regulations of government agencies of the United States, individual states, and any other jurisdictions where the  Vessel travels, including any federal and state marine parks, sanctuaries, and protected areas. The Captain will be responsible for such compliance and the CHARTERER shall abide by the Captain’s decisions in this regard. Zero Tolerance for Drugs or Contraband. The use, transport, or possession of illegal drugs or narcotics, or of any other contraband, or the participation in any other unlawful activity, such as the transport of illegal aliens, is strictly prohibited. The participation in any of these activities by the CHARTERER or any of the CHARTERER’s guests or invitees constitutes a breach of this Agreement and will be cause for immediate termination of this Agreement without refund of Charter Fee or any other payments made by the CHARTERER. It is also specifically understood that the possession or use of any weapons (including particularly firearms) is strictly prohibited on board the Vessel and failure to comply will be sufficient reason for the COMPANY to terminate the Charter immediately without refund or recourse against the COMPANY. 5. Maximum Number of Persons. The CHARTERER shall not, at any time during the Charter Period, permit more than the Maximum Number of Guests cruising on board. (Maximum of 6 passengers) 6. Captain and Crew. The COMPANY will provide an insurance approved professional Captain for the Vessel. The Captain will be appropriately licensed and qualified, knowledgeable, and familiar with the Vessel and waters of the Cruising Area. The Captain will have sufficient expertise and experience to manage and handle the Vessel safely and competently at all times. The Captain will operate the Vessel only for lawful purposes and will abide by all applicable rules, regulations, and laws of the United States and any other jurisdiction in which the Vessel may travel. The COMPANY shall ensure that the Captain will not carry or use any illegal drugs on board the Vessel. 7. Captain’s Authority. The Captain, together with the CHARTERER, will direct the course of the voyage and mutually agree regarding the management, operation, and movement of the Vessel, wind, weather, and other circumstances permitting. However, it is understood that the Captain is in full command of the Vessel and that the CHARTERER agrees to abide by his judgment as to cruising, weather conditions, anchorage selection, and other pertinent matters. 8. Expenses and Operating Costs. The Charter Fee includes the charter of the Vessel with all its equipment in working order. The COMPANY may provide bottled water and up to 20lbs of ice. The CHARTERER will be responsible for food, beverages (please see Rules and Policies published at our website for information on allowed food and beverage) , or purchase costs of any special items or equipment placed on board at the CHARTERER’s request (collectively, the “Operating Costs”). 9. Cancellations. Should the CHARTERER cancel at least seven (7) days before the charter term begins, all charter deposit fees will be refunded. If the CHARTERER cancels less than seven (7) days prior to the commencement of the charter, but greater than three (3) days prior to commencement of the charter, the COMPANY will refund fifty percent (50%) of the charter deposit fees. If the CHARTERER cancels less than three (3) days prior to the commencement of the charter, the CHARTERER will not receive a refund of any deposit or charter fees paid. All cancellations must be delivered in writing and acknowledged by the parties. 10. Failure to Show, Delay in Commencement, Delay in Re-Delivery. Should the CHARTERER fail to show for the charter at the agreed time and place without providing advance notice of cancellation as specified in Paragraph 10, CHARTERER will forfeit all deposits. Should the CHARTERER arrive late to the agreed time and place for commencement of the Charter Period, the charter will continue, but will end on the specified time as originally agreed upon, and CHARTERER will not receive any Charter Fee refund. If CHARTERER arrives late for the charter and desires to extend the Charter Period, COMPANY at its sole discretion, may allow for the Charter Period to be extended, however CHARTERER will be responsible to pay pro rata for the extended time in addition to the Charter Fee. If the CHARTERER fails to re-deliver the vessel on time at CHARTERER’s direction or due to CHARTERER’S conduct or actions, CHARTERER must pay to COMPANY pro rata for the amount of time Vessel delivery is delayed. 11. Insurance, Risk of Loss. The COMPANY agrees to keep the Vessel fully insured against fire, marine and collision risks, and with protection and indemnity coverage for the full term of the Charter Period. The CHARTERER shall not be liable for any such loss or damage covered by such insurance. The CHARTERER may purchase additional liability coverage at their own expense. The COMPANY shall not be held responsible for loss or damage to personal property or for any injury suffered by the CHARTERER, or any member of the CHARTERER’S party during the term of this charter, regardless of whether any such loss occurs on the Vessel or elsewhere, unless such loss, damage, or injury is the direct and proximate result of COMPANY’s gross negligence or willful misconduct. More specifically, but without limiting the foregoing, the COMPANY and its insurance underwriters accept no responsibility for accidents, injuries, or death related to the Vessel’s fishing or watersports equipment, whether supplied by the COMPANY or CHARTERER. 12. Accidents. The COMPANY agrees that should the Vessel, after delivery, sustain breakdown of machinery, or be disabled, or damaged by fire, grounding, collision, or other cause so as to prevent its use by the CHARTERER for the Charter Period, so long as none of the foregoing was caused by any act of the CHARTERER, the CHARTERER will have the right to terminate the charter. The COMPANY shall make a pro rata return of all Charter Fees to the CHARTERER from the time of such loss or damage. 13. Force Majeure. Force Majeure is defined as any cause attributed to acts of God, accidents, natural disaster, weather, war, terrorist attack, cyber security attack, or all other occurrences beyond the reasonable control of the COMPANY, and not caused by the COMPANY’s negligence. No warranty is made as to the suitability of weather with respect to this charter. If a named windstorm threatens or is forecast to threaten the expected location of the charter as determined by the Captain in his or her sole discretion, the Captain will have the option of terminating or canceling the charter at any time he or she deems necessary. A full refund is provided for cancellation due to weather that would prevent the Vessel from commencing the charter. In the event severe weather, under the good judgment of the Captain, causes the charter already under way to end before the agreed upon time, a pro rata return of all Charter Fees to the Charterer shall be issued for time lost. 14. Damage Deposit. Unless otherwise provided on Page 1 of this Agreement, any required Damage Deposit will be held by the COMPANY and may be used in, or towards, discharging any liability that the CHARTERER may incur under any of the provisions of this Agreement. To the extent that the Damage Deposit is not so used, then it will be refunded to the CHARTERER without interest, within forty-eight (48) Hours after the end of the Charter Period or the settlement of all outstanding questions, whichever occurs later. 15. Payment of Charter Fees and Other Monies to the Company. The COMPANY will hold all funds received pursuant to this Agreement. The COMPANY may retain all Charter Fees once the charter has commenced, or in accordance with the cancellation policy specified herein. 16. Indemnification. The CHARTERER shall indemnify, defend, and hold the COMPANY, Home Berth and/or Secondary Location harmless against and from any liability for loss, damage, or expense incurred by the CHARTERER or the CHARTERER’s guests as a result of the negligence or willful act of the CHARTERER or the CHARTERER’s guests. 17. Maritime Liens. The CHARTERER may not incur or allow any maritime lien, salvage, or debt on the Vessel or on the COMPANY’s credit. The CHARTERER may not abandon the Vessel or enter into any salvage agreement without the COMPANY’s prior written consent. The CHARTERER will indemnify and hold the COMPANY harmless against and from any liability for any maritime lien, salvage, or debt that arises on the Vessel or the COMPANY’s credit as a result of any act or omission of the CHARTERER. 18. Charter Rules and Policies. The CHARTERER agrees to comply with all Charter Rules and Policies currently in effect and published at our website which Rules and Policies are incorporated herein. In the event of a discrepancy between the language of the published Rules and Policies and this Agreement, the language of the published Rules and Policies will control. 19. Miscellaneous Provisions. 19.1. Applicable Law and Venue. This Agreement will be governed by and construed in accordance with the general maritime law of the United States and, to the extent such law fails to supply a rule of decision, the law of the State of Florida regardless of any conflicts-of-law principles that would require the application of any other law. Any dispute arising out of or in connection with this Agreement or any alleged breach hereof will be resolved within Palm Beach County, Florida. 19.2. Entire Agreement. This Agreement constitutes the sole agreement between COMPANY and CHARTERER with respect to its subject matter. It supersedes any prior written or oral agreements or communications between the Parties. It may not be modified except in a writing signed by the Parties. 19.3. Successors and Representatives. This Agreement binds and inures to the benefit of the Parties and their respective heirs, personal representatives, and successors. 19.4. Non-Assignment. The CHARTERER may not assign this Agreement, sub-charter the Vessel or any part thereof, at any time without COMPANY’s prior written consent. 19.5. Notices. Any notice given or required to be given by the CHARTERER or the COMPANY under this Agreement will be communicated in any form of writing and will be deemed to have been properly given as follows: (i) if by mail, when and if dispatched pre-paid and properly addressed by mail or bona fide courier service; (ii) if by fax, when and if transmitted with confirmation; and (iii) if by email, when and if transmitted without any error or non-delivery message. Notice must be given, in the case of the COMPANY to the address set forth on Page 1 of this Agreement or, in the case of the CHARTERER, to the CHARTERER’s address set forth on Page 1 of this Agreement or, where appropriate, to the CHARTERER on board the Vessel. 19.6. Attorneys’ Fees. In any dispute arising out of or in connection with this Agreement, the prevailing party will be entitled to recover from the non-prevailing party or parties, in addition to any other relief to which the prevailing party may be entitled, reasonable attorneys’ fees (including paralegal fees), court costs, and all other expenses incurred by the prevailing party, even if not taxable as court costs, including, without limitation, all fees, costs, and expenses incident to appeals. 19.7. Severability. If any part of this Agreement is for any reason held to be unenforceable, the rest of it remains fully enforceable. 19.8. Counterparts. This Agreement may be signed in counterparts, each one of which is considered an original (including signatures evidenced via facsimile, email or other electronic means), all of which constitute one and the same instrument. 19.9. Headings. Headings are for convenience only and do not affect the interpretation of this Agreement Each Party is signing this Agreement on the date stated below the Party’s Signature.