Name of Vessel (the “Vessel”):
PARTIES ------------------------------------------------------
Owner (the “OWNER”):
Address:
Charterer (the “CHARTERER”):
Address:
CHARTER PARTICULARS-------------------------------------------
Charter Period:
Date:
Time:
Place of Delivery:
MONROE HARBOR
Place of Re-Delivery:
MONROE HARBOR
FEES
Charter Fee: See invoice
SIGNATURES---------------------------------------------------
The OWNER and CHARTERER agree that the terms above, Clauses 1 – 18 inclusive, below, and any Additional Conditions or attached addenda are incorporated by reference into, and form a part of, this Agreement. This Agreement will be bindingupon signature by both Parties or transmission by both Parties of signed copies by facsimile or other electronic means, including, without limitation, transmission of signed copies in (PDF).
OWNER
Date
Wed Jan 15, 2025
_____________________________________________
CHARTERER
Date
Wed Jan 15, 2025
E-mail
Phone
CLAUSE 1.AGREEMENT TO LET AND HIRE
A.The OWNER agrees to bareboat charter the Vessel to the CHARTERER and not to enter into any other agreement for the Charter of the Vessel for the same period.
B.The CHARTERER agrees to bareboat charter the Vessel and shall pay the Charter Fee and any other agreed charges, in cleared funds, no later than the dates as provided above.
CLAUSE 2.DELIVERY
A.At the beginning of the Charter Period, the OWNER shall deliver the Vessel at the Place of Delivery, and the CHARTERER shall take delivery of the Vessel ready for service, with all equipment required by the U.S. Coast Guard, including safety and life-saving equipment (including life-jackets for children, if any of the CHARTERER’s guests are children and the CHARTERER has so advised Owner).
B.The OWNER does not warrant the Vessel’s use and comfort in bad weather conditions for all cruises or passages within the Cruising Area.
C.The CHARTERER shall inspect 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 with the Vessel, its equipment and safety procedures, and to identify any pre-existing damages or conditions of the Vessel.
CLAUSE 3.RE-DELIVERY
A.The CHARTERER shall Re-Deliver the Vessel to the OWNER at the Place of Re-Delivery in as good a condition as when delivery was taken, except for normal wear and tear arising from ordinary use. If the CHARTERER wishes, and with the OWNER’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.
B.The Vessel shall be inspected upon its Re-Delivery,and any damage or other conditions of the Vessel not identified on the pre-charter inspection shall be for the CHARTERER’S account.
CLAUSE 4.CRUISING AREA
The CHARTERER shall operate the Vessel in the Cruising Area in which the Vessel is legally permitted to cruise, including navigable waters except where precluded by governmental law or regulation, prudent seamanship, chartered hazards and applicable marine insurance covering the CHARTERER during the charter period.
CLAUSE 5.MAXIMUM NO. OF PERSONS; RESPONSIBILITY FOR CHILDREN; HEALTH OF THE CHARTERER’SPARTY
A.The CHARTERER shall not, at any time during the Charter Period, including when the Vessel is moored, anchored or underway, permit more than the 12 persons, excluding the CHARTERER, captain and crew, aboard the Vessel.
B.If any of the CHARTERER’s guests or invitees are children, the CHARTERER will be fully responsible for their conduct, entertainment, and safety.
C.The nature of a charter may render it unsuitable for anyone with physical disability or undergoing medical treatment. By signing this Agreement, the CHARTERER warrants the medical fitness of its guests and invitees for the voyage contemplated by this Agreement.
CLAUSE 6. CHARTERER'S AUTHORITY AND RESPONSIBILITIES
A.This Agreement constitutes a DEMISE CHARTER of the Vessel to the CHARTERER under the maritime law of the United States. Therefore, the OWNER shall deliver and, during the Charter Period, the CHARTERER shall accept, full possession, command, and navigation of the Vessel.
B.CHARTERER is responsible for the operation and safety of the Vessel, its crew, passengers and all other persons aboard the Vessel during the term of the Charter
C.The CHARTERER shall pay expenses and operating costs as provided in Clause 7, below.
D.CHARTERER shall have no rights, power, or authority to create, incur, or permit to be imposed upon the Vessel any liens or encumbrances of any nature. A fully-executed copy of this Charter Agreement shall be carried aboard the Vessel with theship's papers at all times during theterm of the Charter and shall be provided by CHARTERER to any person having business with the Vessel which might give rise to any lien. CHARTERER shall redeliver the Vesselfree and clear ofany liens incurred as a result of the operation of the Vessel under this Charter Agreement, and shall indemnify and hold harmless the OWNER and its agents and employees against any lien not incurred by the OWNER or covered by insurance, arising out of the possession, use, or operation of the Vessel by the CHARTERER, or by any persons aboard the Vessel by invitation of the CHARTERER.The CHARTERER shall be liable for all attorneys’ fees and costs incurred by the OWNER with regard to any such liens or encumbrances.
E.CHARTERER shall maintain the Vessel in good order and condition, reasonable wear and tear excepted, during the term of the Charter. CHARTERER shall be responsible for repairs to the Vessel that arises from the negligence or willful misconduct of CHARTERER, its officers,agents, employees, invitees or guests.
F.If the CHARTERER is to operate the Vessel, the CHARTERER represents and warrants that he/she is experienced, licensed, if applicable, and competent in the handling and operation of a Vessel of the type named in this Agreement and that the CHARTERER has sufficient practical knowledge of seamanship, piloting, and Rules-of-the-Road to properly exercise full authority over the Vessel. To the extent required by law, CHARTERER certifies that he/she has complied with the Illinois Boating Safety Certificate requirements and has provided OWNER with proof of a boat safety education card.In the event CHARTERER does not possess a boating safety certificate or boat safety education card, CHARTERER agrees to satisfactorily complete, prior to the start of the Charter, abbreviated Illinois Department of Natural Resources or NASBLA approved operating and safety instruction specific to the Vessel.
G.If the CHARTERER chooses to utilize the services of a captain, the CHARTERER shall select and engage, and directly pay for, the captain and any crew.The CHARTERER represents and warrants that such captain will be qualified and competent, and, if required, properly licensed to operate the Vessel. The captain and crew shall be the employee(s) of the CHARTERER and be responsible for the safe navigation of the Vessel, provided that the CHARTERER shall remain responsible for the operation and management of the Vessel.The CHARTERER shall direct the captain and crew and the duties of the crew shall be directed and controlled solely by the CHARTERER.
H.The CHARTERER shall allow the Vessel to be operated during the Charter Period only by a person qualified to do so.
I.The captain shall serve at the discretion of the CHARTERER.The CHARTERER has the right to discharge, for cause, the captain or any crew member during the term of the Charter.
J.The CHARTERER shall direct the captain to immediately notify the OWNER of any breakdowns, disablements, accidents, or other significant incidents that occur during the Charter Period.
CLAUSE 7.EXPENSES AND OPERATING COSTS
The CHARTERER shall be responsible for the operating costs of the Vessel, including without limitation,, port charges and pilotage fees; food, fuel, stores and beverages to be used or consumed during the Charter; hire or purchase costs of any special equipment placed on board at the CHARTERER’s request for the CHARTERER, the CHARTERER’s guests; and any captain and crew retained by the CHARTERER.
CLAUSE 8.DELAY IN DELIVERY OR FAILURE TO DELIVER
A.OWNER’s Failure or Delay in Delivery. If by reason of Force Majeure (as defined in Clause 16,) the OWNER fails to deliver the Vessel to the CHARTERER at the Place of Delivery at the commencement of the Charter Period, the OWNER will not be in default of this Agreement so long as the delivery is made at a later time or date that is satisfactory to both parties, subject to the availability of the Vessel. In such event, the CHARTERER shall only be entitled to the difference in cost, if any, between the original charter period and the rescheduled charter period.In the alternative, the CHARTERER may cancel the charter and the Owner shall refund all payments made by the CHARTERER to OWNER for the entire Charter Period,which shall be the CHARTERER’s sole remedy.The OWNER shall not be liable to the CHARTERER for any costs or expenses incurred by the CHARTERER, whether such loss or cost be direct or indirect, or result in any special or consequential damages.
B.OWNER’s Delay/Failure to Deliver Other than as a Result of Force Majeure.If the OWNER fails to deliver the Vessel at the Place of Delivery at the commencement of the Charter Period, or within one (1) hour thereafter, other than by reason of Force Majeure, the CHARTERER may treat this Agreement as terminated.
C.In the event the CHARTERER chooses to terminate this Agreement, CHARTERER will be entitled to repayment of the full amount of all payments made by him to the OWNER, and will, in addition, be paid by the OWNER, as liquidated damages, an amount equivalent to twenty-five percent (25%) of the Charter Fee. This shall be the CHARTERER’s sole and complete remedy available for the OWNER’s failure to deliver the Vessel other than as a result of force majeure. The OWNER shall not be liable to the CHARTERER for any costs or expenses incurred by the CHARTERER, whether such loss or cost be direct or indirect, or result in any special or consequential damages.
D.In the event of delay in delivery and the CHARTERER chooses not to terminate this Agreement, the term of the Agreement will be extended for a period to time equal to the delay, provided that the Vessel is available.If the Vessel is not available, the CHARTERER shall be entitled to a pro-rata refund, for the amount of time equal to the delay. The CHARTER shall not be entitled to any other fees, costs, refunds, monies or damages whatsoever.
CLAUSE 9.DELAY IN RE-DELIVERY
A.If Re-Delivery of the Vessel by CHARTERER is delayed by reason of Force Majeure (as defined in Clause 15,), Re-Delivery shall be effected as soon as possible. Thereafter and in the meantime, the conditions of this Agreement will remain in force, but without penalty or additional charge against the CHARTERER.
B.If the CHARTERER fails to Re-Deliver the Vessel to the OWNER at the Place of Re-Delivery for any reason, other than force majeur, then the CHARTERER shall immediately pay to the OWNER for such additional time, at the hourly charter rate plus twenty-five percent (25%) of such hourly rate until
the Vessel is Re-Delivered at the agreed location, and the CHARTERER shall also pay any additional necessary expenses incurred by the OWNER in effecting such Re-Delivery.
C.The Parties agree that the OWNER’s damages as a result of the CHARTERER’s failure to Re-Deliver the Vessel are difficult to estimate as of the date of this Agreement and may be difficult for the OWNER to prove. Therefore, the Parties intend for payment of amounts under this this Clause 9 to compensate the OWNER and not to punish the CHARTERER.
CLAUSE 10.CANCELLATION BY CHARTERER AND CONSEQUENCES OF NON-PAYMENT
A.If the CHARTERER gives notice of cancellation before the commencement of the Charter Period, the OWNER may retain part or all of the Charter Fee as follows: (i) if the CHARTERER gives notice of cancellation after this Agreement is signed but before the First Installment is due, the CHARTERER shall pay, and the OWNER may retain, the First Installment; and (ii) if the CHARTERER gives notice of cancellation after the First Installment is due, the OWNER may retain the First Installment and any other amounts due and payable as of the date of cancellation. If any amounts due and payable as of the date of cancellation have not been paid, the CHARTERER shall pay such amounts to the OWNER immediately upon cancellation.
B.If the CHARTERER gives notice of cancellation or, after receiving notice from the OWNER of nonpayment, fails to pay any amount due under this Agreement, then the OWNER may treat this Agreement as repudiated and retain the full amount of any payments made by the CHARTERER.
CLAUSE 11.BREAKDOWN OR DISABLEMENT OF VESSSEL
A.If, after Delivery, the Vessel at any time becomes disabled and the disablement has not been brought about by any act, failure to act, or default of the CHARTERER, CHARTERER’s guests, or any persons engaged by the CHARTERER with respect to the operation of the Vessel, then the OWNER shall make a pro rata refund of all payments made by the CHARTERER to the OWNER for the period of the disablement or, alternatively, the CHARTERER and the OWNER may agree to re-schedule the Charter Period for a later time or date.
B.In the event of a disablement of the Vessel, not as a result of any act, failure to act, or default of the CHARTERER, and the Vessel is unable to return to the Place of Re-Delivery, the CHARTERER may recover from the OWNER the reasonable cost of returning the CHARTERER and the CHARTERER’s guests to the Place of Re-Delivery via scheduled services, if any.
CLAUSE 12.USE OF VESSEL
A.The CHARTERER agrees to use the Vessel exclusively as a private pleasure vessel and agrees not transport cargo, carry passengers for hire, engage in trade, or violate any laws or regulation of any jurisdiction where the Vessel may travel.
B.The CHARTERER shall comply with, and shall ensure that the CHARTERER’S guests and invitees comply with, the laws and regulations where the Vessel may travel during the Charter Period.
C.Zero Tolerance for Drugs or Contraband.In accordance with applicable laws, the use, transport, or possession of illegal drugs or narcotics, or of any other contraband, or the participation in any other unlawful activity, 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 OWNER to terminate the Charter immediately without refund or recourse against the OWNER.
D.The CHARTERER shall ensure that no pets or other animals are brought on board the Vessel without the OWNER’s prior consent.
E.The CHARTERER shall ensure that the behavior of the CHARTERER and the CHARTERER’s guests and invitees does not cause a nuisance to any person or bring the Vessel into disrepute, or violate any applicable laws or regulations.
CLAUSE 13.INDEMNIFICATION
A.If the CHARTERER or any of the CHARTERER’s guests or invitees commits any offense contrary to laws or regulations that results in the Vessel being detained, arrested, seized, or fined, the CHARTERER shall indemnify the OWNER against all loss, damage, or expense, including payment of reasonable attorney’s fees and costs, incurred by the OWNER as a result, and the OWNER may, by notice to the CHARTERER, terminate this Agreement immediately.
B.The CHARTERER shall pay any and all fines, penalties, damages, and forfeitures incurred as a result of any act or failure to act on the part of the CHARTERER or the CHARTERER’s guests or invitees, and the CHARTERER shall indemnify and hold the OWNER harmless against and from any and all claims, losses or damages arising out of such action or inaction, including the payment of attorney’s fees and costs.
C.CHARTERER shall indemnify, defend and hold harmless the OWNER, their officers, agents 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 or the CHARTERER’s or the CHARTERER’s guests or invitees use of the Vessel and/or its equipment and appurtenances, including without limitation, claims, causes of action, damages, expenses or liabilities for loss or damage to any property, or from death or injury to any person or persons, including, but not limited to, CHARTERER’S crew and/or guests or invitees. CHARTERER shall also indemnify, defend and hold harmless the OWNER their officers, agents and employees from and against any claims, damages, expenses, fines, penalties, or liabilities assessed or charged by the United States Coast Guard, Illinois Department of Natural Resources, Conservation Police, or other governing agency, for CHARTERER’s improper or negligent operation or use of the Vessel, including as contrary to a bareboat charter, whether the same is only alleged or proven to be true.CHARTERER’s duty to defend, indemnify, and hold OWNER harmless shall include the duty to pay all attorneys’ fees and costs incurred by the OWNER in the defense of any such claim, or related to the defense and indemnification of the OWNER.In addition thereto, the CHARTERER shall be liable for all attorneys’ fees and costs incurred by the OWNER in enforcing the terms of this indemnity agreement.
CLAUSE 14.NON-ASSIGNMENT
The CHARTERER shall not assign this Agreement, subcharter the Vessel or any part thereof, or part with control of the Vessel at any time.
CLAUSE 15.INSURANCE
TO BE ADDED AFTER REVIEW OF CLIENT’S INSURANCE POLICY
CLAUSE 16.DEFINITIONS
Force Majeure.In this Agreement, "Force Majeure" means any cause directly attributable to acts, events, non-happenings, omissions, accidents, or Acts of God beyond the reasonable control of the OWNER or the CHARTERER, including, without limitation, strikes, lock-outs, or other labor disputes, civil commotion, riots, blockade, invasion, war, fire, explosion, sabotage, storm, hazardous weather/water conditions, collision, grounding, fog, governmental act, or regulation, major mechanical, or electrical breakdown beyond the OWNER’s control and not caused by the OWNER’s negligence. Crew changes do not constitute Force Majeure.
CLAUSE 17.CHOICE OFLAW/VENUE/JURISDICTION
This Agreement shall be subject to and governed by federal maritime law.Any dispute or other matter arising from or under this Agreement shall be litigated in the circuit courts of Cook County,
Illinois, or in the United States District Court for the Northern District of Illinois, Eastern Division. The parties hereby agree to submit to the venue and jurisdiction of said courts.
CLAUSE 18.SEVERABILITY
If any provision of this Agreement is deemed invalid or illegal, such determination shall not affect the enforceability, validity, or legality of any other provision.
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