Serenity Yacht Miami, Inc. Rental Agreement


BAREBOAT CHARTER AGREEMENT

THIS BAREBOAT CHARTER AGREEMENT made this September 30, 2023,  between Serenity Yacht Miami, Inc.,  of 1650 SE 17th Street, Suite 200, Fo11 Lauderdale, Florida 33316 USA ("Owner") and

{{customer_wp_user_firstname}} {{customer_wp_user_lastname}} of {{billing_address_1}} {{billing_address_2}} {{billing_city}} {{billing_state}} {{billing_postcode}}

 

RECITALS:

("Charterer").

 

Owner owns the motor yacht, "SERENITY" - one 2007 52' Sea Ray Boats Inc "Sea Ray 52 Sedan Bridge'' motor yacht bearing Hull Identification Number SERP7138A707 and Official Number 1265189 and its inventory (collectively, the "Vessel”); and

 

This Bareboat Charter Agreement is a bareboat or demi se contract, and as such, the Charterer is contractually obligated and legally required to provide a captain, crew and necessa1y supplies; and

 

Charterer desires to chat1er the Vessel from Owner, and Owner is willing to make the Vessel available to Charterer for such purpose, subject to the terms and conditions contained he rein;

 

NOW THEREFORE, in consideration of the premises and the mutual covenants hereinafter set fo11h, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the pat1ies agree as follows:

 

l.   Charter Term. Owner agrees to let, and Charterer to hire, the Vessel from

 

Starting Time/Date:  [time] on  [date] to

 

Ending Time/Date:       [time] on  [date]

 

("Charter Term").

 

2.     Charter Hire & Payment. Charterer shall pay Owner the sums of ${{order_total}} ("Chat1er Hire") , plus any applicable sales tax, for the charter rights granted  herein .  Fifty percent (50%) of the Charter Hire shall be due upon the signing of this Agreement.  The remaining balance of the Charter Hire shall be paid prior to the starting date of the Charter Term. Hire for the entire Charter Term shall be deemed irrevocably earned as of the date of delivery of the Vessel to Charterer.

 

3.     Operation and use. The Charterer agrees pay all running expenses in advance of the Charter Term. Chatterer shall, at its sole expense, man, fuel, navigate, operate, maintain and supply the Vessel, and shall pay all charges and expenses of every kind and nature whatsoever relating to the use and operation of the Vessel during the Charter Te1m. It is expressly understood that this is intended as a bareboat/demise charter of the Vessel by Owner to charterer for the term of this Agreement, and that charterer shall have full, complete and exclusive possession, command and control of the Vessel and of its navigation and operation.

 

4.     Representations of Owner. The Vessel is chartered to Chatterer on an "as is" basis, with no warranty or representation of any nature by Owner. Charterer shall have full opportunity to inspect the Vessel prior to delivery to determine its condition and suitability for service, and may arrange for the inspection of the Vessel by a surveyor. Owner makes no representations or warranty, express or implied, regarding the condition of the Vessel or its suitability for any purpose, and Owner shall not be held to any warranty of sea wittiness, fitness for a particular purpose or workmanlike service.

 

 

 

5.     Representations of Charterer. Charterer understands and agrees that this is a demise/bareboat charter of the Vessel, and Chattier warrants and represents that it will operate the Vessel lawfully and in a safe and seaworthy manner. Charter shall conform to all laws and regulations regarding bareboat chaiiering. Chaiierer warrants and represents that it will hire a license, competent and qualified Captain and crew, who shall be employed solely by Charterer and shall be responsible for the safe navigation and operation of the Vessel. Chattierer shall provide and pay for the master and crew of the Vessel. The Charter shall select and direct said master and crew. The duties of the crew shall be directed and controlled solely by the Charterer. The master of the Vessel shall serve at the sole discretion of the Chattierer. Charter shall review and evaluate each licensed officer regarding ability and skill in the position employed and assure Owner or underwriters as to the qualifications of the master and crew.

 

6.     Operating Expenses. Charterer shall bear the cost of the following operating expenses during the Chattier Term: fuel, dockage, water, electricity, customs fees and p011 charges. Charterer shall be responsible for all remaining operating charges including, but not limited to, crew, food, beverages, liquor, laundry, communication expense and any other any other required and/or desired supplies or service

 

7.     Delivery. Owner shall deliver the Vessel to Charterer at Miami Beach Marina 300 Alton Rd Slip J12 Miami Beach FL 33139, or such other location as the parties may agree, at the commencement of the Charter Term. Charterer certifies and acknowledges that it has sufficiently inspected the Vessel prior to entering into this Agreement. Charterer accepts the Vessel in its current condition as being properly outfitted for Charter's intended purpose.

 

8.    Navigational Limits & Use. Chattierer expressly agrees that the operation of the Vessel shall be restricted to the intracoastal and coastal waters off the State of Florida and within three (3) nautical miles of said coast. Without prior written consent of the Owner, the Vessel shall not be docked, navigated or operated outside of these limits. The Charterer undertakes not to use the Vessel or suffer the Vessel to be used otherwise than in conformity with the tenns of the instruments of insurance (including any warranties expressed or implied therein) without first obtaining the consent to such use of the insurers and complying with such requirements as to extra premium or otherwise as the insurers may prescribe. If required, the Charterer shall keep the Owner and unde1writers advised of the intended use of the Vessel.

 

9.     Redelivery. Charterer shall redeliver the Vessel to Owner at Miami Beach Marina 300 Alton Rd Slip J12 Miami Beach FL 33139 , or such other location  as  the parties may agree, at the end of the Charter Term, in as good condition as when delivery was taken, ordinary wear and tear excepted, with the same amount of fuel and other consumable stores. Chattierer agrees to be responsible for and to replace, repair or pay for any injury or damage to the Vessel caused during the term of the Charter or any extension thereof.

 

If the Vessel is not redelivered at expiration of the stated Charter Term, or any proper extension thereof, then Charterer shall pay to Owner triple the rate of daily Charter Hire in this Agreement for each completed period of twenty-four

(24) hours of delay in redelivery. Owner shall also have the right to recover any further or additional loss or damages sustained by any delay in redelive1y.

 

10.  CONTROL. THE VESSEL IS CHARTERED ON A BAREBOAT/DEMISE BASIS. OWNER HEREBY TRANSFERS TO CHARTERER FULL AUTHORITY REGARDING THE OPERATION AND MANAGEMENT OF THE VESSEL; CHARTERER SHALL HAVE AND EXERCISE CO1\1PLETE MANAGEMENT AND CONTROL OF THE VESSEL FOR THE CHARTER TERM. CHARTERER IS SOLELY RESPONSIBLE FOR RETAINING ITS OWN CAPTAIN AND CREW. OWNER AND CHARTERER AGREED THAT SAID CAPTAIN AND/OR CREW ARE AGENTS AND El\1PLOYEES OF CHARTERER, AND NOT OWNER.

 

11.  Charterer's Warranties. Charterer warrants the following, during the term of this charter, on its behalf and on behalf of its crew, its family, and guests:

 

a)     Character of Use. The Vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of bareboat charterer, its crew, family, and guests. The Vessel is designated as a recreational vessel, not a commercial, inspected, or passenger vessel. The Vessel is precluded from carrying more than twelve (I 2) guests at one time, none of which can be "passengers for hire." The Vessel shall not be used for the transport of cargo.

 

 

b)    Competence of Master. The Vessel shall not be operated by any person not licensed, experienced and/or competent in the handling and operation of a Vessel of the size and description of the Vessel.

 

c)     Compliance with All Laws. Everyone on board the vessel shall comply in all respects with the laws of the Vessel's flag state and the jurisdiction where the Vessel may be at any time. The Charterer also shall undertake not to use the Vessel or suffer its employment in any trade or business which is forbidden by the law of any country to which the Vessel may sail or is otherwise illicit or in canying illicit or prohibited goods or in any manner whatsoever which may render the Vessel liable to condemnation, destruction, seizure or confiscation.

 

d)     Zero-tolerance. The Charterer agrees to prohibit the use or possession of any illegal drugs on board the Vessel and will be totally responsible for any loss or damage to the Vessel due to any violation of state or federal laws. The use, transport or possession of illegal drugs or narcotics, including marijuana, or of any other contraband, or the pa1ticipation of any other unlawful activity, the transport of illegal aliens, is strictly prohibited and constitutes a breach of this Agreement and shall be the cause for immediate termination of the chatter without refund of the Charter Hire and any additional payments made by the Charterer and with no recourse against the Owner.

 

Violation of any of these warranties constitutes a breach of this Agreement and shall be cause for immediate termination of the chatter without refund of any monies paid in connection therewith.

 

12.  Maintenance. Charterer shall, at its own expenses, maintain the Vessel and the same good condition, repair and working order as when received. Chatterer's responsibility for maintenance shall include all costs and expenses related to US Coast Guard and similar inspections arising during the team of the chatter, including the costs and expenses of compliance with the requirements of such entities.

 

13.  Modification. Cha1terer may not modify the Vessel, installing the equipment or make alterations or additions without the written consent of Owner. Any alterations, additions or modifications allowed by Owner shall be removed by Charter prior to redelivery and the Vessel shall be returned to the same condition as upon delivery.

 

14.  Diving/Swimming/Tenders. Owner accepts no responsibility or liability for accidents, injuries, or death from swimming, diving, use of tender and related activities, whether or not equipment for these uses is provided aboard the Vessel.

 

15.  Insurance. The Vessel is insured under a standard yacht policy, subject to a deductible, against fire, marine and collision risks. Charterer shall not violate the te1ms of Owner's insurance policy. It should be assumed that Owner's insurance policy does not cover Chatterer's protection and indemnity; Charterer is responsible for obtaining such coverage, if necessary and/or desired.

 

16. Liens, Fines, and Taxes. Charterer, and its Captain, crew, contractors, employees and agents, shall have no right or power to permit or suffer the creation of any liens against the Vessel, with the exception of crew wages and salvage. Any and all sales or use taxes imposed on this charter are the responsibility of Charterer. Any fines or penalties levied against the Vessel or Owner stemming from incidents during the charter shall be the responsibility of Charterer. The Charterer further agrees to keep fastened to the Vessel in a conspicuous place during the Charter Term the notice reading as follows:

 

"THIS VESSEL IS THE PROPERTY OF SERENITY YACHT MIAMI, INC. IT IS UNDER CHARTER AND BY THE TERMS OF THE CHARTER AGREEMENT, NEITHER THE CHARTERER NOR THE MASTER HAVE ANY RIGHT, POWER OR AUTHORITY TO CREATE, INCUR, OR PERMIT TO BE IMPOSED ON THE VESSEL ANY LIEN WHATSOEVER."

 

The Cha1terer shall indemnify and hold Owner harmless against any lien of whatsoever nature arising upon the Vessel during the Charter Te1m while Vessel is under the control of the Charterer, and against any claims against the Owner arising out of or in relation to the operation of the Vessel by the Charterer. Should the Vessel be arrested by reason of claims or liens arising out of the Vessel's operation hereunder by the Charterer, the Charterer shall at its own expense take all reasonable steps to secure that within a reasonable time the Vessel is released and at its own expense to provide alternative security to secure release of the Vessel.

 

 

17.  Default. If Charterer fails to pay any installment of Charter Hire on the date designated or fails to operate the Vessel pursuant to the Terms and conditions of this Agreement, Owner shall have the right to retake and resume possession of the Vessel, without legal process, and terminate this chatter, without prejudice to Owner's rights in respect of any arrears of Chatter Hire, or any breach by the Charterer of the conditions herein contained.

 

18.  Cancellation.

 

a.     Cancellation by Charter. This Agreement is neither cancelable nor refundable. Should weather not permit safe chatter conditions a rain check or credit of the charter fee will be issued with no expiration. Owner may cancel the charter at any time during the Charter Term or prior to the scheduled delivery date without refund if the breaches this Agreement and/or Chatterer demonstrates a lack of skill, judgment or misrepresentation of ability in the management of the Vessel.

 

b.     Cancellation by Owner. If, prior to the start date of the Charter Tetm, this Agreement is cancelled in writing by Owner, as Charterer's sole remedy, all monies paid by Charterer in connection therewith shall be refunded to Charterer

 

19. Prohibition against Arrest of Vessel. It is mutually agreed that Chatterer shall not, under any circumstances whatsoever, arrest, seize or attach the Vessel for any and all claims against Owner or others. Any such attempt to arrest, seize or attach the Vessel by Charterer will result in the Chatterer being liable to the Owner for all costs, including but not limited to attorney's fees, any court costs, and governmental bonds and fees.

 

20. Liability/Indemnification. CHARTERER ASSUMES ALL RESPONSIBILITY FOR INJURY, DEATH, PROPERTY DAMAGE, OR OTHER CLAIMS OF ANY NATURE THAT MAY ARISE DURING THE CHARTER TERM. CHARTERER SHALL INDEMNIFY AND HOLD HARMLESS OWNER AGAINST AND FROM ANY LOSS OR EXPENSE OWNER MIGHT SUFFER, INCLUDING, BUT NOT LIMITED TO, COURT COSTS AND LEGAL FEES, ARISING FROM OR IN ANY WAY RELATED TO THE USE OF THE VESSEL BY CHARTERER PURSUANT TO THIS CHARTER AGREEMENT. CHARTERER ASSUMES ALL RISK OF LIABILITY FOR AND TO THE VESSEL AND FOR THE USE AND OPERATIONS THEREOF, AND FOR INJURIES TO OR DEATHS OF PERSONS AND/OR LOSS OF OR DAMAGE TO PROPERTY ARISING FROM OR INCIDENT TO SUCH USE OR OPERATION, WHETHER SUCH INJURIES OR DEATH INVOLVE CHARTERER'S CAPTAIN, CREW, CONTRACTORS, EMPLOYEES OR OTHERS AND WHETHER SUCH LOSS OR DAMAGE INVOLVES PROPERTY OF CHARTERER OR OF OTHERS. CHARTERER WILL INDEMNIFY AND HOLD HARMLESS OWNER, AND THE VESSEL AGAINST AND FROM ALL LOSS, DAMAGE LIABILITY AND EXPENSE, INCLUDING ATTORNEYS' FEES AND. LEGAL COSTS, ARISING FROM OR IN CONNECTION WITH SUCH INJURY, DEATH, LOSS OR DAMAGE, HOWSOEVER CAUSED AND WHETHER RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OR OTHER FAULT OF EITHER PARTY OR THE VESSEL. THIS OBLIGATION SHALL SURVIVE BEYOND THE COMPLETION OR TERMINATION OF THIS AGREEMENT.

 

Chatterer shall ensure that each and every guest, invitee and/or other person that desires to embark on the Vessel will execute the Patticipant Agreement, Release and Assumption of Risk Agreement provided by Owner or underwriters.

 

21.  Casualties/incidents. Immediately after any casualty, accident, or damage to the Vessel or injury to the Chatterer, or its crew or guests, Chatterer must furnish Owner full particulars thereof, including copies of any reports available to Charterer. Chatter must notify United States Coast Guard, local police/law enforcement and Owner as soon as possible.

 

22.  Taxes. The Charterer shall pay all taxes and assessments of any nature that may be assessed against the Charterer or the Owner or operator of the Vessel or the Vessel in connection with the use and operation of the Vessel during the term of the Charter or any extension thereof, including but not limited to, admissions taxes, sales taxes, liquor taxes, penalties and interest thereon, consular charges and fees, crew licenses, registration or flag fees, and any attorneys' fees incurred in connection with the collection thereof and shall indemnify the Owner against any claims, liens and collection efforts in connection therewith.

 

23.  Non-assignment. Charterer shall not assign this Agreement or sub-chatter the Vessel without the consent of Owner in writing.

 

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 assigns. Any rights given or duties imposed upon the estate of a deceased party shall inure to the benefit of and be binding upon the fiduciary of such decedent's estate in its fiduciary capacity.

 

25.  Attorneys' Fees. If any legal action or other proceeding is brought to enforce this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provision(s) of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees (including paralegal fees), com1 costs, and all expenses incurred in that action or proceeding, even if not taxable as court costs, including, without limitation, all such fees, costs, and expenses incident to appeals, in addition to any other relief to which such party may be entitled.

 

26. Governing Law & Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the General Maritime Law of the United States, without regard to choice of law rules, which replace, supersede and preempt any provision of law of any state or nation to the contrary. Should no such law exist on any particular issue, the laws of the State of Florida, to the exclusion of the laws of any other state or country, shall control. The venue of any action arising from or related to this Agreement shall lie exclusively in the United States District Court for the Southern District of Florida, or as to those lawsuits which the United States District Court lacks subject matter jurisdiction, before a court of competent jurisdiction in Miami-Dade County, Florida, U.S.A., to the exclusion of the comis of any other countty, state, city or county where suit might otherwise be brought.

 

27.  Entire Agreement. This Agreement constitutes the entire agreement among the pm1ies, 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.

 

28.  Execution of this Agreement. This Agreement may be signed in counterparts, which, together, shall be considered a single instrument. A signed copy of the Agreement sent by facsimile or other electronic methods shall be deemed an original for all purposes.

 

OWNER:                                                               CHARTERER:

 

Printed Name:                                                          Printed Name: {{customer_wp_user_firstname}} {{customer_wp_user_lastname}}

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CREW SERVICES AGREEMENT

 

THIS CREW SERVICES AGREEMENT made this {{order_create_date}} by and between:                                                                of                                                                    ("Contractor") and {{customer_wp_user_firstname}} {{customer_wp_user_lastname}} of {{billing_address_1}} {{billing_address_2}} {{billing_city}} {{billing_state}} {{billing_postcode}} ("Charterer").

 

RECITALS:

 

Pursuant to separate Bareboat Charter Agreement dated the {{order_create_date}}, Charterer has agreed to bareboat charter the vessel, "SERENITY" - one 2007 52' Sea Ray Boats Inc "Sea Ray 52 Sedan Bridge" motor yacht bearing Hull Identification Number SERP7138A707 and Official Number 1265189 and its inventory ("Vessel"), for the period:

 

Starting Time/Date:                    [time] on                                                                  [date] to Ending Time/Date:                                                               [time] on                                                                   [date]

("Charter Term").

 

The Bareboat Charter Agreement referenced above is a bareboat or demise contract, as such, the Charterer is contractually obligated and legally required to provide its own competent captain, crew and necessmy supplies; and

 

Chmierer desires to retain Contractor to crew services and provision the Vessel, and Contractor is willing to provide such services, subject to the terms and conditions hereinafter set forth;

 

NOW THEREFORE, in consideration of the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

 

I. Term, Hire & Payment. Charterer hereby retains Contractor to provide captain and crew services to the  Vessel  during  the Charter  Term for the total  sum of $                                                                    ("Crew Hire"), subject to increase for extension of the Charter Term. In addition to the Crew Hire, Chmierer may provide the captain and crew with food and quarters aboard the Vessel while retained. Charterer shall pay Contractor $                                  upon the execution of this Agreement, with the balance of the Crew Hire to be paid on or before {{order_create_date}}.

A crew gratuity of I 0-20% of the full charter rate is customary, but at Charterer's sole discretion.

 

 

 

 

2.     Provisions. In addition to the Crew Hire, on or before {{order_create_date}}, Charterer shall remit to Contractor $_ _ _ _ _ _ _ as an Advance Provisioning Allowance ("APA") to pay for Charterer's running expenses incited aboard during the cha11er which shall be charged at cause to the Charterer. The Contractor and/or the captain shall use the APA to pay for expenses, including but not limited to: replacement fuel and lubricants for the vessel, its tenders and water sports equipment, food and beverage, liquor, laundry, harbor fees, water, electricity, dockage, communication expenses, and any other required supplies or services. If the APA is insufficient to cover all charges, Charterer shall advance further funds, as needed, during the Charter Term. The Charter agrees that the purpose of the APA is to cover on board expenses and is not intended for expenses incmTed ashore, e.g., meals and transportation, etc.

The Contractor shall ensure the captain disbursed corporate email that you will exercise due diligence in the expenditure of the APA. Prior to disembarkation at the end of the Charter Term, the Captain shall present a detailed written accounting to the Charter of sums received and disbursed and shall refund to the Charter in cleared funds, any amount paid by the Charter in excess of amounts expended.

 

3.     Refund. If, due to no fault of Chaiierer, the charter is terminated prior to the end of the Charter Term, Contractor shall refund to Charterer a pro rata p011ion of the Crew Hire.

 

i)        Refund of Crew Services Payment. If the Vessel suffers delay in delivery or sustains breakdown or disablement after delivery, the payment for crew services shall be refunded on a pro rata basis.

 

ii)        Refund of the Advance Provisioning Allowance. Unspent APA shall be refunded to the Charterer if the chaiier is cancelled for any reason not attributable to the Chat1er.

 

4.     Contractor/Crew. During the Charter Term, Contractor shall provide a full-time, qualified captain and crew. Each Contractor/captain/crew member shall hold any and all required licenses/certificates and shall be properly uniformed.

 

5.     Crew Services. The Contractor and crew shall act  at  the Charterer's  direction,  provided,  however, that the captain shall not have to carry out any order that jeopardizes the safety of the Vessel or those  on board. Children in the charter party shall be supervised by an adult member of the chaiter party at all times.

 

6.     Standards of Conduct. Contractor shall confo1m to, and abide by, all laws, rules, and regulations applicable to the services it is to provide pursuant to this Agreement and shall insure that its employees adhere to the same standard. The Charterer shall be responsible for any legal issues, tickets, citations, fees, penalties for the improper use of the Vessel or any violation of law or statute during the entirety of the Charter Term.

The Contractor shall insure that no guest or member of the crew shall use or possess: i.) any illegal drugs, including marijuana

ii.) any firearms or weapons

The Contractor shall immediately terminate any crew in violation of this Clause.

 

7.    Cruising Area/Navigation. The Charter shall restrict the cruising of the Yacht to the cruising area designated as _______ and to regions within the cruising area in which the Vessel is legally  permitted  to cruise. The Vessel shall not navigate b eyond the limits set forth in the Yacht's insurance policy. The captain shall be responsible for compliance and the Charterer shall abide by the captain's decision in this regard. Contractor shall act at Charterer's direction; provided, however, that the captain and crew shall not have to cany out any order that jeopardizes the safety of the Vessel or those on board.

 

8.    Relationship. Contractor is retained by Charterer only for the purposes and to the extent set forth in this Agreement, and Contractor's relationship to Charterer shall be that of an independent contractor. Neither the execution nor performance of this Agreement shall render the parties partners or co-venturers for any purpose. Contractor shall be responsible for all employer and/or withholding taxes on crew wages assessed by any authority. Chmierer understands that the Contractor works for Charterer and not the Vessel owner. Contractor and Chmierer understand and agree that Vessel Owner is not liable for any acts or omissions committed by Contractor, Charterer or any third-pmiies.

 

9.    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.

 

10. Binding Effect. All 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 assigns.

 

11. Attorneys' Fees. If any legal action or other proceeding is brought to enforce this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provision(s) of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees (including paralegal fees), court costs, and all expenses incmTed in that action or proceeding, even if not taxable as court costs, including, without limitation, all such fees, costs, and expenses incident to appeals, in addition to any other relief to which such pmiy may be entitled.

 

12. Governing Law & Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the General Maritime Law of the United States, without regard to choose of law rules, which replace, supersede and preempt any provision of law of any state or nation to the contrary. Should no such law exist on any particular issue, the laws of the State of Florida, to the exclusion of the laws of any other state or country, shall control. The venue of any action arising from or related to this Agreement shall lie exclusively in the United States District Court for the Southern District of Florida, or as to those lawsuits which the United States District Comi lacks subject matter jurisdiction, before a couti of competent jurisdiction in Broward County, Florida, U.S.A., to the exclusion of the courts of any other country, state, city or county where suit might otherwise be brought.

 

13.  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.

 

14. Execution of this Agreement. This Agreement may be signed in counterparts, which, together, shall be considered a single instrument. A signed copy of the Agreement sent by facsimile or other electronic methods shall be deemed an original for all purposes.

 

CONTRACTOR

 

By:                                  _ Name:                     

Date:                                          _

 

 

CHARTERER

 

By:                                  _ Name:                     

Date:{{order_create_date}}

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

BAREBOAT BASICS

DECLARATION OF THE BAREBOAT CHARTERER

I.      I, THE UNDERSIGNED BAREBOAT CHARTERER, UNDERSTAND THAT THIS CHARTER IS A BAREBOAT CHARTER AND I HAVE READ, UNDERSTAND AND AGREE WITH THE BAREBOAT CHARTER AGREEMENT.

  (initial)

 

2.      I UNDERSTAND THAT I HAVE FULL POSSESSION, EXCLUSIVE USE AND CONTROL OF THE VESSEL DURING THE CHARTER PERIOD AND THAT I AM THE OWNER PRO HAC VICE OF THE VESSEL.

(initial)

 

3.      I UNDERSTAND THAT I HAVE BEEN GIVEN A LIST OF CAPTAINS AND CREW MEMBERS, THAT I HAVE PERSONALLY SELECTED THE CAPTAIN AND/OR CREW, AND I UNDERSTAND THAT I HAVE THE EXCLUSIVE AUTHORITY TO DISMISS THE SELECTED CAPTAIN AND/OR CREW.

(initial)

 

4.     I UNDERSTAND AND AGREE THAT I WILL PAY THE CAPTAIN AND/OR CREW FOR THEIR SERVICES, SEPARATELY AND INDEPENDENTLY, FROM THE PAYMENT I WILL MAKE TO THE VESSEL OWNER FOR THE BAREBOAT CHARTER HIRE.

(initial)

 

5.      I UNDERSTAND THAT I AM RESPONSIBLE FOR PROVIDING ALL FOOD, FUEL, STORES AND RUNNING EXPENSES FOR THIS BAREBOAT CHARTER.

(initial)

 

6.      I UNDERSTAND THAT THIS BAREBOAT CHARTERED VESSEL MAY NOT CARRY MORE THAN TWELVE (12) PASSENGERS AT ANY TIME, EXCLUDING THE CAPTAIN AND CREW.

(initial)

 

7.      I UNDERSTAND THAT I AM RESPONSIBLE FOR THE SAFE NAVIGATION, MANAGEMENT AND OPERATION OF THE VESSEL AT ALL TIMES.

(initial)

 

8.      I UNDERSTAND AND AGREE THAT I AM RESPONSIBLE FOR THE SAFETY, CARE AND MAINTENANCE OF THE VESSEL, AND I CONFIRM THAT I HAVE ALREADY CONDUCTED A PRE-DELIVERY INSPECTION OF THE VESSEL PRIOR TO THIS BAREBOAT CHARTER, AND THAT I WILL CONDUCT A POST-DELIVERY INSPECTION OF THE VESSEL UPON TERMINATION OF THIS BAREBOAT CHARTER.

(initial)

 

9.      I UNDERSTAND AND AGREE THAT I MAY NOT CHARGE OTHER PERSONS TO COME ABOARD THE VESSEL DURING THIS BAREBOAT CHARTER.

(initial)

 

10.   I UNDERSTAND AND AGREE THAT A UNITED STATES COAST GUARD DOCUMENTED VESSEL CANNOT BE CHARTERED BY ANYONE OTHER THAN A UNITED STATES CITIZEN.

(initial)

 

UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DECLARATION OF BAREBOAT CHARTERER AND THAT THE FACTS STATED IN IT ARE TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. FLORIDA STATUTE §92.525(1)(C)(2). I DECLARE (OR CERTIFY, VERIFY, OR STATE) UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA THAT THE FOREGOING IS TRUE AND CORRECT. FEDERAL STATUE 28 U.S.C. §1746.

EXECUTED ON {{order_create_date}}.

 

BAREBOAT CHARTERER:

 

 

Printed Name:{{customer_wp_user_firstname}} {{customer_wp_user_lastname}}

 

CREW SELECTION FORM

 

Pursuant to the Bareboat Chatter Agreement and the Crew Services Agreement, I acknowledge and agree that I am the Bareboat Charterer of the vessel, "SERENITY" - one 2007 52' Sea Ray Boats Inc "Sea Ray 52 Sedan Bridge" motor yacht bearing Hull Identification Number SERP7138A707 and Official Number 1265189 and its inventory ("Vessel"), and I agree that will hire my own captain and crew, at my sole choice and expense, pursuant to the terms and conditions of a separate Crew Services Agreement.

I understand that the captain and crew that I choose is my sole responsibility, that I am hiring the captain and/or crew to operate and navigate the Vessel during the bareboat charter term, and that I am paying captain and/or crew directly for such services pursuant to the Crew Services Agreement.

I have been provided me with a list of proposed captains and crew that are approved by the Vessel's owner and insurance underwriters. I understand and agree that I may choose a captain and/or crew member from this list, or alternatively, that that I choose a captain or crew member that is not set forth on the list so long as I submit their license and qualifications to the Vessel Owner and the Vessel's underwriters for approval, prior to the bareboat charter term, along with evidence of additional insurance coverage, if needed.

 

CAPTAIN/CREW /MATE/STEW                                                                                    INITIALS

 

I.

 

2.

 

3.

 

4.

 

5.

 

6.

 

7.

 

I UNDERSTAND THAT I AM CHOOSING MY CAPTAIN AND CREW FOR THE BAREBOAT CHARTER, AS INDICATED BY MY INITIALS PLACED NEXT TO MY CREW SELECTION.

 

Under penalties of perjury, I declare that I have read the foregoing Crew Selection Form and that the facts stated in it are true to the best of my knowledge and belief. Florida Statute §92.525(1)(c)(2). I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is trne and correct. Federal statue 28 U.S.C. §1746.

EXECUTED ON THIS          DAY OF                                2021.

 

BAREBOAT CHARTERER:

 

Signature:                                                       _ Printed Name:             

 

PAYMENT RECEIPT AND FLOW OF FUNDS FORM

 

1.     I, the undersigned Bareboat Charterer, understand that this charter is a "bareboat charter," and I have read, understand and agree with the Bareboat Charter Agreement.

 

2.     I understand that I have full possession, exclusive use and control of the vessel during the charter period.

 

3.    I understand that I have been given a list of captains and crew members, that I have personally selected the captain and/or crew, and I understand that I have the exclusive authority to hire or fire the selected captain and/or crew.

 

4.    I understand and agree that I will pay the captain and/or crew for their services, separately and independently. from the payment that I will make to the vessel owner for the bareboat charter hire.

 

 

BAREBOAT CHARTER AGREEMENT PAYMENT

The undersigned warrant and represents that a payment of the sum of$ _ _ _ _ _ _ _ _ _

was paid by the Bareboat Charterer to Serenity Yacht Miami, Inc., a Florida corporation, with a registered address at 1650 SE 17th Street, Suite 200, Fmt Lauderdale, Florida 33316 USA, as the Owner of the vessel, "SERENITY" - one 2007 52' Sea Ray Boats Inc 11Sea Ray 52 Sedan Bridge" motor yacht bearing Hull Identification Number SERP7138A707 and Official Number 1265189

) .

and its inventory (1'Vessel11           This payment was made separate and independent from the payment

made to the contractor/captain/crew of the Vessel. This payment constitutes full payment and satisfaction of the contractual obligations under the Bareboat Charter Agreement only.

 

 

CREW SERVICES AGREEMENT PAYMENT

The undersigned waiTant and represents that a payment of the sum of $_ _ _ _ _ _ _ _ _

was paid by the Bareboat Charterer to the Contractor/captain/crew set forth in the Crew Services Agreement separate and independent from the payment made to the Owner of the Vessel. This payment constitutes full payment and satisfaction of the contractual obligations under the Crew Services Agreement only.

DECLARATION

Under penalties of perjury, I declare that I have read the foregoing Payment Receipt and Flow of Funds Form and that the facts stated in it are true to the best of my knowledge and belief. Florida Statute §92.525(1)(c)(2). I declare (or ce1tify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and connect. 28 U.S.C. §1746.

EXECUTED ON THIS          DAYOF____________________ 2021.

BAREBOAT CHARTERER:

 

 

Signature: - - - - - - - - - - - - - -

Printed Name: - - - - - - - - - - - - -

 

PARTICIPANT AGREEMENT, LIABILITY RELEASE, ILLEGAL SUBSTANCE WAIVER AND ACKNOWLEDGMENT OF RISK AGREEMENT

INSTRUCTIONS: Adult participants must read, complete and sign this liability release waiver. All participants less than 18 years of age MUST have the waiver completed and signed by their parents or legal guardians.

NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. READ THIS CAREFULLY BEFORE SIGNING. PLEASE FEEL FREE TO CONSULT WITH LEGAL COUNSEL OF YOUR CHOICE.

In consideration of the premises and the mutual covenants hereinafter set forth, and other good and valuable consideration including but not limited to the charter, use and enjoyment of the vessel and the services of

                                                                                         ("Charter Contractor"), and its captains, employees, agents, participants, and all other persons or entities acting in any capacity on the Charter Contractor's behalf,  the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I agree to release and discharge Charter Contractor, the vessel, "SERENITY" - one 2007 52' Sea Ray Boats Inc "Sea Ray 52 Sedan Bridge" motor yacht bearing Hull Identification Number SERP7138A707 and Official Number 1265189 and its inventory ("Vessel"), and the vessel owner, Serenity Yacht Miami, Inc. ("Vessel Owner"), on behalf of myself, and my guests, clients, employees, children, parents, guardians, family member, heirs, assigns, personal representative and estate as follows:

(I)  I acknowledge the inherent extreme risk in boating, personal watercraft and watersports activities, including those which could occur on water and result in physical or emotional injury, paralysis, death, or damage to me, property belonging to me, Charter Contractor and/or to third parties. I realize that these risks cannot be eliminated and include, among other things slipping on wet surfaces such as decks, collision on the water, sunburn, falling in the water, being struck by equipment or a boat, drowning, struck by other participants, by my own negligence or other participants negligence. I understand that there are also unforeseeable accidents, which may occur, and I assume all risk associated with such accidents. I agree that there are possible accidents, which I cannot foresee, and I assume all risk associated with such accidents. I agree to abide by all Chattier Contractor safety rules. I agree that if Charter Contractor staff make a specific request or give an instruction to me, I will comply. I agree to use proper boating and personal watercraft practices and/or procedures. IfI fail to use proper practices and/or procedures, the fault is solely mine. I agree that the jobs of Chattier Contractor staff are difficult and that they seek to create a safe environment by giving adequate warnings and/or instructions, however it is entirely possible that the equipment being used might malfunction, be defective, and/or fail. I agree that Chattier Contractor staff might be unaware of a participant’s fitness or abilities.

(II)   I expressly agree and promise to accept and assume all of the risks, which exist by reason of my participation in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks. I agree to assume all risk of personal injury, including paralysis and death, which may occur while I mn participating in a Charter Contractor activity. I hereby voluntarily release, remise and forever discharge and covenant not to sue, Charier Contractor, its owners, directors, shareholders, officers, employees, hold manufacturers, lessors, insurer, and agents, from all liability for any such personal injury that I may incur, and any and all claims, demands or causes of action, which are in any way connected with my participation in this activity or my use of Charier Contractor' equipment and/or facilities, including any such claims which allege negligent acts or omissions of Charter Contractor. I understand that this Participant Agreement, Release, Acknowledgment of Risk and Indemnity Agreement includes my claims for personal injury, including death based in total or in part upon the negligent action or inaction of Charter Contractor., its owners, officers, directors, shareholders, employees, equipment suppliers, equipment designers, safety manufacturers, lessors, insurers, and agents.

(III)    In the event any claim, demand or cause of action is made against Charter Contractor, the Vessel and/or the Vessel Owner ("Releasees"), by the undersigned or by any minor over who, I have supervisory responsibility on board the Vessel (whether or not the undersigned is physically present at the time of the occurrence of any injury, damage or loss), I agree to indemnify, hold harmless, and defend the said Releasees, including the payment of reasonable attorney's fees, for any claim arising in whole or in part from alleged negligent action or inaction on the part of any Releasees.

 

(IV)   I certify that I have adequate insurance to cover any m Jury or damage I may cause or suffer while pm1icipating, or else I agree to bear the costs of such injury or damage myself. I ce11ify that I have no medical, emotional and/or physical conditions that could interfere with my safety in this activity, or else I am willing to assume - and bear the cost of - all risks that may be created, directly or indirectly, by any such condition.

(V)  The Charterer has been informed by the Staff 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 or other contraband brought aboard the vessel at any time during the chm1er period or extension thereof. The Charterer further agrees to fully indemnify the Owner and/or Agent for any losses the Owner suffers in the event that the Charterer breaches this covenant.

 

 

VESSEL:                                                                    CHARTER CONTRACTOR/CAPTAIN:

1) Printed Name:                                                _ CHARTERER:

1)    Printed Name:                                             _

 

 

 

Age:     

 

 

Age:     

DATE:                                                            

 

 

Signature:                                                _

 

 

Signature:                                                _

 

PARTICIPANT'S NAME, AGE, AND SIGNATURE:

 

1) Printed Name:

Age:     

Signature:                                                      

 

2) Printed Name:

 

Age:     

 

Signature:                                                      

 

3) Printed Name:

 

Age:     

 

Signature:                                                     

 

4) Printed Name:

 

Age:     

 

Signature:                                                     

 

5) Printed Name:

 

Age:     

 

Signature:                                                     

 

6) Printed Name:

 

Age:     

 

Signature:                                                     

 

7) Printed Name:

 

Age:     

 

Signature:                                                     

 

8) Printed Name:

 

Age:     

 

Signature:                                                     

 

9) Printed Name:

Age:     

Signature:                                                     

 

l0) Printed Name:

 

Age:     

 

Signature:                                                     

 

11) Printed Name:

 

Age:     

 

Signature:                                                      

 

12)Printed Name:

Age:     

Signature:                                                      

 

CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND LIABILITY WAIYER AND RELEASE AGREEMENT

IN CONSIDERATION of being pe1mitted to participate in the chaiter use and enjoyment of the vessel, "SERENITY" - one 2007 52' Sea Ray Boats Inc motor yacht bearing Hull Identification Number  SERP7138A707  and Official  Number  1265189 and  its  inventory,  and  the services provided by     ("Chaiter Contracto1"), for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns:

 

ACKNOWLEDGEMENT OF RISKS

 

I fully acknowledge that some, but not all of the risks of pa1ticipating in the charter in which I am about to engage may include

(I)      wind shear, inclement weather, lightning, vaiiances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing. sinking or other hazard which result In wetness, injury, exposure to the elements, hypothermia,  impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of insects and marine life forms; (5) equipment failure, operator e1rnr, transpo1tation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks when wet;

(9) accidents, injuries, or death from swimming, diving, use and enjoyment of the vessel, "SERENITY" - one 2007 52' Sea Ray Boats Inc "Sea Ray 52 Sedan Bridge" motor yacht bearing Hull Identification Number SERP7138A707 and Official Number 1265189 and its inventory and any related activities.

 

I specifically acknowledge I have been given instructions/training in the safe use of the type of equipment used during this charter to my complete satisfaction, and I am physically/mentally able to participate in the chaiter which I ain about to engage.

 

CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY

 

I fully agree to assume all responsibility for all the1isks of the chmter to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE

OF THE RELEASEES NAME BELOW) My/Our pa1ticipation in the charter is completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily Injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR Children, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.

 

I HEREBY RELEASE THE VESSEL AND ITS OWNER SERENITY YACHT MIAMI, INC. AND THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND INSURERS, AND ITS VESSELS, AS WELL AS CHARTER CONTRACTOR ("RELEASEES"), FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

 

I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND IDEMNIFY THE VESSEL OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY Will CHMAYBEFALLME, MY MINOR Children OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).

 

 

VESSEL:                                                        _                       Date:                                                         _

 

 

PARTICIPANT:

 

Printed Name: -------------


 

 

Age:     


 

 

Signature:                                                     _

Vessel Safety Checklist

Please initial on the line for each item that has been discussed with you prior to departure.

 

 Life Jackets (PFD)

  Exit

  Restroom

    Flares

   First Aid Kit

   Fire Extinguishers

   Fuel Gauges Check Marine Radio

Check Navigation and Anchor Lights Check Bilge

Check for any excessive water in bilges Check Fuel System for any leaks Check Engine Fluids

Check Electrical System Check Galley

Check Gauges (i.e. batteries) Check Fuel Amount

Check Anchor

Check load of vessel and secure gear from shifting Emergency Procedures

Equipment Location

Check the Weather Forecast

 

UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING VESSEL SAFETY CHECKLIST AND THAT THE FACTS STATED IN IT ARE TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. FLORIDA STATUTE

§92.525(l)(C)(2). I DECLARE (OR CERTIFY, VERIFY, OR STATE) UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA THAT THE FOREGOING IS TRUE AND CORRECT.  FEDERAL STATUE

28 u.s.c. § 1746.

EXECUTED ON {{order_create_date}}.

 

BAREBOAT CHARTERER:

 

Printed Name: {{customer_wp_user_firstname}} {{customer_wp_user_lastname}}

Leave this empty:

Signature arrow sign here


Signature Certificate
Document name: Serenity Yacht Miami, Inc. Rental Agreement
lock iconUnique Document ID: bb7eb52826b4fb81a82919670ef4f77e9fd3f3fc
Timestamp Audit
September 21, 2021 10:52 am EDTSerenity Yacht Miami, Inc. Rental Agreement Uploaded by Paul I - Serenityyacht55@gmail.com IP 108.51.43.179