55' Azimut Sport Yacht for charter in North Miami

BAREBOAT CHARTER AGREEMENT Agreement to Let and Hire  The OWNER agrees to charter the Vessel identified above to the CHARTERER and not to enter into any other agreement for the Charter of the Vessel for the same period.  The CHARTERER agrees to take command, possession, and control of the Vessel, and shall pay the Charter Fee, Delivery/Redelivery Fee, the Security Deposit (if any), and any other agreed charges, in cleared funds, no later than the dates and to the account as provided above.   1. Delivery. The OWNER shall deliver the Vessel at the time and place as specified above, in full commission and proper working order, exclusive of the crew, outfitted as a Vessel of the size, type, and accommodations; with full equipment inclusive of that required by law, and fully furnished, including all necessary operating and maintenance stores and supplies, laundry of ship’s linens, and seaworthy, clean and in good condition throughout and ready for service. 2. Delay in Delivery. The OWNER shall allow demurrage pro-rata to the CHARTERER for any delay in delivery. Should it be impossible for the OWNER to make delivery as stipulated for reasons of force majeure (as defined in Clause 15) and should delivery not be made within 2 hours thereafter or a period equivalent to one-tenth of the charter, whichever period is shorter from the due time of delivery, the OWNER shall be considered in default and the CHARTERER may cancel this Agreement. In such a case, the OWNER shall issue a credit in the full amount, that was paid by the charterer to valid up to 1 year. 3. Re-delivery. The CHARTERER, at the expiration of this charter, shall re-deliver the Vessel, equipment, and furnishings, free and clear of any indebtedness incurred for the CHARTERER’s account to the OWNER at the time and place specified above, in as good condition as when delivery was taken, ordinary wear and tear excepted. 4. Delay in Re-Delivery and Indemnification. If the Vessel is not re-delivered within the charter period, or any proper extension thereof, for reasons attributable solely to the CHARTERER, then for each hour, of delay in re-delivery as aforesaid, the CHARTERER shall pay to the OWNER a sum equal to the charter rate divided by the charter hours multiplied by 1.5, subject to the OWNER’s right to recover further additional loss or damages, if any, thereby sustained. The CHARTERER shall indemnify and hold harmless the OWNER against and from any and all liability to third parties for loss or damage attributable to the CHARTERER’s acts or omissions. If re-delivery of the Vessel is delayed by reason of force majeure, re-delivery shall be affected as soon as possible thereafter and the Agreement shall remain in effect with no penalty against the CHARTERER. If the CHARTERER elects to re-deliver the Vessel before the expiration of the charter for reasons not attributable to the OWNER, the CHARTERER shall not be entitled to any return of any charter hire.      ____Charterer’s Initials                                                                                           ____Owner’s Initials BAREBOAT CHARTER AGREEMENT   5. Breakdown or Disablement after Delivery. If the Vessel, after delivery, sustains breakdown of machinery or is disabled or damaged by fire, grounding, collision, or causes other than force majeure so as to prevent the CHARTERER’s use of the Vessel for a period of over 2 hours and a replacement vessel of similar value can’t be found, then a full credit in the amount that the charterer paid will be issued, valid up to 1 year. 6. Insurance. The 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 full term of the charter including any proper extension thereof. Said policies of insurance are to be held by the OWNER.Cancellation insurance and curtailment insurance are not included under the terms of this Agreement. The interest of the CHARTERER may not be covered under the liability portion of the Vessel’s insurance policy. The CHARTERER should determine whether any such insurance coverage and applicable deductibles are adequate and appropriate for the CHARTERER’s purposes and, if necessary, arrange for additional coverage prior to the start of the charter period. If the CHARTERER chooses to arrange for separate or supplemental insurance in addition to any insurance provided by the OWNER, the same may be arranged at additional cost to the CHARTERER. 7. Running Expenses. The CHARTERER shall accept the Vessel delivered as hereinbefore provided and pay all running expenses in advance during the term of the charter. Notwithstanding the above, CHARTERER shall be responsible for any essential operating expenses, such as fuel, supplies, and provisions, above and beyond those which have been prepaid. 8. Taxes. Any and all taxes imposed on this charter period are the responsibility of the CHARTERER, and the CHARTERER shall indemnify and hold harmless the OWNER, the Broker of Record, and the Owner’s Representative against and from any liability for such taxes, including associated penalties and interest. 9. Restriction of Use. CHARTERER warrants that the Vessel shall be employed exclusively as a pleasure Vessel for the sole and proper use of himself, his crew, his family, guests, employees, and servants, during the term of this charter and shall not transport merchandise or carry passengers for hire, or engage in any trade nor in any way violate the revenue laws of the United States, or any other Government within the jurisdiction of which the Vessel may be at any time, and shall comply with the law in all respects. The CHARTERER shall ensure that the behavior of the charter party shall not cause a nuisance to any person or bring the Vessel into disrepute. The CHARTERER shall be liable for fines, penalties, damages, and forfeitures as a result of violations of the law, negligence, gross negligence, or intentional acts of the CHARTERER, guests, or invitees, and the CHARTERER shall indemnify, hold harmless and defend the OWNER, Broker of Record, and the Owner’s Representative for such acts.   ____Charterer’s Initials                                                                                            ____Owner’s Initials BAREBOAT CHARTER AGREEMENT   10. Illegal Drugs and Activity. CHARTERER understands that use, transport, or possession of illegal drugs or narcotics, including marijuana, or of any other contraband, the transport of illegal aliens, or the participation of any other unlawful activity by anybody aboard the Vessel, is strictly prohibited and constitutes a breach of the Agreement and shall be cause for immediate termination of the charter without refund of the charter fee and any additional payments made by the CHARTERER and with no recourse against the OWNER. 11. Weapons. It is specifically understood that the possession or use of any weapons (including particularly firearms) is strictly prohibited aboard and failure to comply shall be cause for immediate termination of the charter without refund of the charter fee and any additional payments made by the CHARTERER with no recourse against the OWNER. 12. Non-assignment. The CHARTERER agrees not to assign this Agreement or sub-charter the Vessel without the consent of the OWNER in writing. 13. Security Deposit. Unless otherwise provided on Page 1 of this Agreement, any required Security Deposit will be held by the Broker 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 Security Deposit is not so used, then it will be refunded to the CHARTERER without interest, within 3-5 business days after the end of the Charter Period or the settlement of all outstanding questions, whichever occurs later. 14. Cancellation by the CHARTERER. This agreement is neither cancelable nor refundable. Should weather not permit safe charter conditions a rain check (credit for the full amount which was processed) will be issued for up to 1 year. Rescheduling is allowed at no additional cost up to 7 days prior to charter based on availability of new scheduled date (rates are subject to change). If the CHARTERER reschedules within 7 days a fee of $500 will be charged. If the CHARTERER reschedules within 72 hours of the agreed charter date and times a fee of $1500 will be charged. If the CHARTER should cancel within 72 hours of the charter for any reason related to a personal situation the CHARTERER agrees to pay 50% of the charter fee. If the CHARTERER cancels within 24 hours of the charter the CHARTERER agrees to forfeit the entire charter cost. 15. Cancellation by the OWNER. If prior to the start date of the charter period, the Agreement is canceled in writing by the OWNER, all monies paid shall be held in the form of a full credit and the OWNER shall have no further liability whatsoever to the CHARTERER. Notwithstanding the foregoing, OWNER may cancel the charter at any time during or prior to the scheduled sailing day without refund if the charterer demonstrates a lack of skill, judgement, or misrepresentation of ability in the management, operation, or control of the Vessel.     ____Charterer’s Initials                                                                                            ____Owner’s Initials BAREBOAT CHARTER AGREEMENT   16. Broker of Record Fee. The OWNER and the CHARTERER recognize the Broker of Record as the sole Broker of Record in connection with this Agreement, and the OWNER agrees to pay said Broker of Record the mutually agreed charter brokerage fees in connection with a said charter, any extensions, renewals, subsequent charters and/or in connection with the subsequent purchase of the Vessel by the CHARTERER within a period of two years from the end date of the charter. It is further agreed by the OWNER and the CHARTERER that once this Agreement has been signed by both parties and the agreed deposit of the charter fee has been paid, the said Broker of Record shall have no further obligation or responsibility in connection herewith to either party. 17. Disbursement of Charter Net. The charter fee shall be disbursed to the OWNER as follows: Day Trips: 100% net of commissions on the start date of the charter Overnight Stays: 50% net of commissions on the start date of the charter 50% balance on the first business day following the end date of the charter 18. Confidentiality. The parties shall keep the terms and conditions of this Agreement in strict confidence and therefore shall disclose no information concerning this Agreement to any third party, except as required by law. 19. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or with the breach thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Such arbitration is to be held in Fort Lauderdale, Florida unless another place is mutually agreed upon. Judgment upon any award reached by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any question over the arbitrability of this Agreement shall be a question for the arbitrator. 20. Severability. If an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining provisions of this Agreement shall not be affected, including, the requirement for arbitration, which the parties agree is not severable. 21. Entire Agreement. This Agreement constitutes the entire agreement among the parties and it supersedes any prior agreement or understanding among them, oral or written, all of which are hereby canceled. This Agreement may not be modified or amended other than by a written document signed by both parties.           ____Charterer’s Initials                                                                                            ____Owner’s Initial BAREBOAT CHARTER AGREEMENT 22. Amendments. Except as otherwise provided herein, the provisions hereof may be amended, supplemented, waived, or changed, only by a writing that makes specific reference to this Agreement and is signed by the party as to whom enforcement of any amendment, supplement, waiver, or modification agreement is sought. 23. Attorneys’ Fees. In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover all of its costs incurred in such action, including reasonable attorneys’ fees. 24. Binding effect. All of the terms and provisions of this Agreement, whether expressed or not shall be binding upon, inure to the benefit of, and be enforceable by the parties and their representatives, heirs, and permitted assignments. Any rights given or duties imposed upon the estate of a deceased party shall insure to the benefit of and be binding upon the fiduciary of such decedent’s estate in his fiduciary capacity. 25. Bareboat Charter. CHARTERER understands and agrees that CHARTERER is taking command, possession, and control of the Vessel as a Bareboat Charter, a legal term-of-art that carries with it certain legal rights and responsibilities. These responsibilities include, but are not limited to, the responsibility of CHARTERER to furnish his/her own crew and to be responsible for the actions of the same. CHARTERER UNDERSTANDS IT IS NOT ONLY HIS/HER RIGHT TO FURNISH HIS/HER OWN CREW, BUT A LEGAL OBLIGATION. Further, CHARTERER understands and agrees that for the term of the charter, he/she is responsible for any essential operating expenses, such as fuel, supplies, and provisions, above and beyond those which have been prepaid. Further CHARTERER understands that for the term of the charter, OWNER is relinquishing control of the Vessel, including navigation of the same, to CHARTERER, subject only to the terms of this Agreement, those requirements imposed by law, and restrictions imposed by OWNER’s insurance carrier for the Vessel. SIGNATURES: The OWNER and CHARTERER agree that the terms above; Clauses 1-21, inclusive, below; and any Additional Conditions or attached addendum form part of this Agreement. This Agreement will be binding only upon signature by both Parties or transmission by both Parties of signed copies by facsimile or other electronic means, including, without limitation, the transmission of signed copies in Portable Document Format (PDF)   ____________________               _______                             ___________________                 ________ Owner                                                Date                                    Charter                                              Date   ____________________               _______                             ___________________                 _________ Escrow Agent                                   Date                                    Broker                                                Date    ____Charterer’s Initials                                                                                           ____Owner’s Initial