In consideration of the covenats hereinafter contained,
the said owner agrees to let, and the said charterer
agrees to hire the said boat from 5pm Friday
to 2:30pm Friday
for a
Day Charter for
the total sum of $
dollars of which amount
$
shall be paid by
as deposit,
the balance thereof payments
due (21) twenty-one days before boarding, as follows:
Balance $
due by
plus
***a separate security deposit
check of
is also due (21) days before boarding***.
2. Delivery
The owner
agrees to deliver the boat at the port of boarding
in full commission and in proper working order,
with full equipment inclusive of that required
by law, and fully furnished, including dinner
ware, cooking facilities, all in good condition
and ready for service; and agrees to allow demurrage
pro rata to the charterer for any delay in delivery. Port of Boarding & Redelivery: Mooring
in Brenton Cove,Newport RI. Should it be impossible for the owner to make
delivery as stipulated through causes beyond his
control, and should such delivery be not made
within 24 hours thereafter, then this agreement
may be cancelled by the charterer and any charter
money paid in advance shall be returned to him
by the owner.
3. Crew
N/A
4. Insurance
The owner agrees to keep the boat fully insured
against fires, marine and collision risks for
the term of the charter, the policy to be held
by him as full protection for loss or damage that
may occur to the yacht during the charter period,
and the charterer shall thereby be relieved of
any and all liability for such loss or damage
and in the case of any accident or disaster, the
charterer shall give the owner, or his agent prompt
notice of the same. The charterer further agrees
to indemnify and save the owner and / or agent
any loss or action brought against the owner as
a result of grounding of the vessel.
5. Accidents
The owner agrees that should the boat after delivery
sustain breakdown of machinery, preventing the
use of the vessel by the charterer for a period
of not less than 24 hours consecutively, at any
time, the same not being brought about by any
act or default of the charterer, the owner shall
make a pro-rata return of hire to the charterer
for such period in excess of the said 24 hours
that the yacht shall be disabled or unfit for
use. If repairs cannot be made within 48 hours
after the report of disablement, the charterer
will be rebated pro-rata for the time the boat
is unusable, and the charterer has the right to
terminate the charter if so desired.
6. Running Expenses
The charterer agrees to accept the boat as hereinbefore
provided and to pay all running expenses during
the term of the charter.
7. Navigation Limits
The charterer agrees to restrict the cruising
of the boat to the navigable waters up to 75 miles
from the mooring in Brenton Cove, Newport, Rhode
Island or as provided herein:
Narragansett Bay, Block Island
Sound: Buzzards Bay; Vineyard Sound; Nantucket
Sound; Long Island Sound to Shelter Island, New
York.
Navigation beyond these limits
shall constitute default of this agreement in
which event the owner or his agent may immediately
board the described vessel and resume possession
of her. All sums paid under this agreement, including
damage deposits, shall be forfeited as damages.
Without prejudice, however, to the rights of the
owner to sue and collect for the costs of returning
the boat to the port of release, together with
any legal fees incurred in such suit.
8. Replacements
: The charterer agrees to be responsible for, and
to replace or make good any injury to the boat,
her equipment or furnishings, caused personally
by himself or any of his party, but not if caused
by any of the owners crew. The charterer further
agrees to leave all furnishings listed in the
ship's inventory log, fair wear and tear accepted,
upon expiration of the charter term or reimburse
the owner for the cost thereof.
9. Re-delivery
The charterer agrees to surrender the boat at
the expiration of this charter at the port provided
above, free and clear to indebtedness that may
have been incurred for his account during the
term of charter and in as good condition as when
the delivery was taken, fair wear and tear from
ordinary use and any loss of damage that he shall
not be liable to make good excepted. The charterer,
his agents, and employees have no right or power
to permit or suffer the creation of any maritime
liens against the boat, except for crews wages
and salvage. The charterer agrees to indemnify
the owner for any charges or losses in connection
therewith, including reasonable attorney fees.
Should the charterer not make re-delivery of the
yacht as stipulated the owner may demand, and
receive demurrage at 1-1/2 the stipulated charter
rate for the time that such re-delivery is delayed.
10. Restricted Use, Drug
use, etc.
The charterer agrees that the
boat shall be employed exclusively as a pleasure
vessel for the sole and proper use of himself,
his family, guests during the term of this charter,
and shall not transport merchandise or carry passengers
for pay or engage in trade or in any way violate
the laws of the United States, or any other Government
within the jurisdiction of which the yacht may
be at any time, and shall comply with the law
in all other respects. Night sailing strictly
prohibited.
11. Non-Assignment
The charterer agrees not to assign this agreement
or sub-charter the boat without the consent of
the owner in writing.
12. Defaults
It is mutually agreed that should any installment
of the charter money not be paid on the date designated,
the owner shall have the right to resume possession
of the boat and terminate this charter, without
prejudice to his rights in respect of any arrears
of charter money, including necessary legal fees
to collect any such arrears or damages.
13. Security Deposit
The charterer agrees to post a security deposit
of
with the owner per terms of this agreement.
Said deposit shall be forfeited in the event of
default by the charterer or any part of this agreement.
Without prejudice, however, to any other rights
of the owner stipulated herein, said security
deposit shall be refunded within five days at
the port of release, provided no such default
shall have occurred.
14. Indemnification of
Owner
The charterer will at all times
indemnify and keep indemnified that the owner
and his agent and save themselves harmless from
and against any and all actions or causes of action
claims, demands, liabilities, loss damage or expense
of whatsoever kind including counsel or attorneys
fees which they shall or may sustain or incur
by reason or in consequence of any act or omission
of the charterer, his agents or others during
the term of hire of said boat.
15. Arbitration Clause
Any controversy or claim arising out of or relating
to this Agreement or the breach thereof shall
be settled by arbitration in accordance with the
Rules of the American Arbitration Association,
said arbitration to be held in the City and State
of the OWNER'S residence, unless another place
is mutually agreed upon. Judgement upon any award
reached by the Arbitrator(s) may be entered in
any Court of said State having jurisdiction thereof.
To the true and faithful performances of the foregoing
Agreement, the said parties hereto bind themselves,
their heirs, executors, administrators and assigns,
each to the other.
16. Other Conditions
Owner to provide a 10' dinghy with a Suzuki
outboard engine. Vessel to be returned with
all fuel and water tanks full. Holding tank empty,
Vessel in clean condition.
No smoking below deck. Additional charges, Holding
tank pumpout $100.00,Diesel fuel tanks are not
topped off $100.00 + fuel cost, Water tank(s) not topped off
$100.00 and $250.00 for excessive cleaning.
17. Bareboat Charters
It is agreed that if this charter is "bareboat",
that the charterer may take a qualification sail
with the owner or his agent to determine the skill
level of the designated captain, and to familiarize
the captain and crew of the boat and equipment
on board. Should it be necessary, the charterer
may request that a hired captain be assigned to
said boat to carry out the charter. Further, signing
this agreement certifies that the designated Captain
is experienced and competent in handling and operating
a vessel of the type being hired by this agreement,
and possesses sufficient practical knowledge of
seamanship, piloting and rules of the road to
qualify for operation of the vessel during the
charter term.
To the true and faithful performance
of the foregoing agreement, the said parties hereto
bind themselves, their heirs, executors, administrators
and assigns, each to the other.
IN WITNESS THEROF, the parties
hereunto set their hands the day and year written
below.
_________________________________ - _____________
Owner's Signature: Brian P.
Blank - Date
Charterer Signature:
(enter full name)
Date:
18. IMPORTANT REMINDER
Remember to bring your own
top blankets / sleeping bags, toilet paper and 16oz. disposable barbeque propane bottle or purchase them at Wal-Mart
Newport next to the 24 hour Supermarket.
