ACCIDENT, DAMAGE, COLLISION OR INJURY: Charterer agrees to be fully responsible for and make good any injury to Vessel, equipment or furnishings or other property occurring during the charter. Charterer fully bears any and all risk or any loss, damage, personal injury, death, or loss of use. If, during the term of hiring, the Vessel should be damaged or involved in any accident, the Charterer will, as soon as possible, advise Bluewater of the full circumstances concerning the accident and, in the event of any such damage or accident being of such nature to cause or to be likely to cause any structural damage to the Vessel, the Charterer will not use the Vessel unless and until it has been fully inspected by Bluewater. Charterer shall be fully and solely responsible for payment of any and all repairs executed to the Vessel, with or without the written authority of Bluewater. Charterer shall be completely and solely responsible for any and all consequential damages or loss of business due to the Vessel's non-availability as a result of damage. Charterer is also fully responsible for any and all costs incurred by Bluewater to recover damages from Charterer, including but not limited to legal fees, attorney costs, filing fees or court costs plus interest paid at 150% of the Federal Funds rate for any costs unpaid 15 days after demand by Bluewater.
CANCELLATION: If Charterer fails to utilize a previously scheduled Bareboat Charter, Bluewater may, at its sole discretion retain the previously supplied nonrefundable deposit. Any Bareboat Charter may be canceled at any time at the sole discretion of Bluewater with prime consideration given to the safety of the Charterer, their crew and Vessel due to weather or other factors, including but not limited to breach of this Agreement. Under no circumstances are departures allowed during small craft advisories. Please refer to Bluewater's Cancellation & Deposit Policies for more details.
COMPETENCY: Charterer declares that they are of the age of eighteen years or over and fully certifies that they are experienced and competent in the handling and operation of inboard engine and/or auxiliary powered sailing and/or power vessels of the type and size as the Vessel herewith chartered and has sufficient practical knowledge of seamanship skills, including but not limited to sailing, power handling, piloting, navigation and rules of the road. Charterer acknowledges that Bluewater relies upon information provided by Charterer, including but not limited to Verbal Statements, the Application and Resume of Sailing Experience provided by Charterer to determine competency. Charterer hereby certifies and affirms that representations of skills, experience, and training described therein are true and accurate as stated. Charterer shall not delegate any duties to any person not equally qualified. Bluewater may, at its sole discretion, verify Charterer's competency prior to or at the time of the charter. Successful completion of a checkout given by Bluewater personnel in no way relieves Charterer of their full responsibilities and liability for any loss, damage or injury. Should Charterer be deemed less than fully competent by Bluewater, at its sole discretion, Bluewater may provide for Charterer, at Charterer's expense, a qualified captain or additional training to assist Charterer in achieving competency. Until and unless such competency is achieved, Bluewater, at its sole discretion, may restrict Charterer's use of the Vessel to charter party's occupancy of it at Bluewater's dock or cancel the charter without return of any fees or deposits made by Charterer.
CRUISING HOURS AND NIGHT SAILING: There will be no sailing after sunset. Day sailing hours are from 0900 to sunset. Bareboat or multiple day charters are from 0900 on the first day to sunset on the last day. No night sailing is allowed. The boat must be on a mooring, secure anchor or dock during hours of darkness. Sailing or operating the vessel between sunset and sunrise by Charterer is strictly prohibited by Bluewater except by specific, prior, written permission granted subject to the following: 1) At least two Charterers must be pre-approved in writing by Bluewater to sail at night after presenting sailing resumes detailing experience deemed adequate at the sole discretion of Bluewater, 2) Bluewater and Vessel Owner shall be held harmless for any loss to persons, property or the Vessel, and 3) any landfall must be made by daylight.
HAZARDOUS AREAS: Sailing in those areas designated as hazardous by Charts, Notice To Mariners, prudent seamanship, buoys, marked channels or in the Skipper's Manual is prohibited and Charterer assumes sole responsibility for all injury and damages resulting directly or indirectly. Any sailing in such areas shall result in forfeiture of the security deposit. In addition, sailing/motoring is strictly limited to the Cruising, Sailing & Navigation Limits / Restrictions listed in the Skipper's Manuals.
ILLEGAL DRUGS (including abuse of prescription drugs): The possession, use or consumption of illegal drugs aboard is strictly prohibited by Bluewater. Charterer accepts full and complete responsibility for any loss, damage, injury or death incurred in connection with possession or use of illegal drugs or abuse of alcohol, including full reimbursement to Bluewater and Vessel Owner in the event of seizure of the vessel by any law enforcement agency under the Zero Tolerance codes. The Charterer will be solely and full liable for all costs, fines and legal expenses related to said seizure, including the value of the vessel.The Charterer understands that the possession and/or use of any illegal drug by the Charterer, their crew or guests aboard any vessel of Bluewater is strictly forbidden by Federal, State and Local Law and by the rules of Bluewater.
INSPECTION AND SAFETY: It is the responsibility of the Skipper/Charterer to conduct the Vessel in a safe manner at all times including confirmation that all safety equipment is aboard and in good working condition. Charterer acknowledges that they have inspected the vessel and onboard equipment including but not limited to safety equipment before delivery, and that the Vessel is in seaworthy condition, with any and all exceptions noted on a Pre-Cruise Report which is incorporated into and made a part of this Agreement. The Vessel shall be inspected on redelivery to determine the condition of the vessel and equipment under the terms of the charter.
INSURANCE: Vessel chartered hereunder has coverage including Hull and Protection/Indemnity insurance with a deductible amount. A damage or security deposit shall be made by the Charterer. Charterer hereby agrees to pay this deposit and also pay and all costs not collected under the insurance policy resulting or arising from loss, damage, death or injury caused or contributed to in any way by Charterer or any member of their party. Charterer agrees to comply with and be bound by the terms, conditions and limitations of said policy, and will cooperate with Bluewater and Vessel Owner in the event of any claim or suit. Charterer agrees to, and does hereby indemnify and hold harmless Bluewater and Vessel Owner from any and all liability arising from the perils and risks which are or are not covered by the insurance, including insurance deductible amounts. It is further understood and agreed that if any act of negligence of Charterer or any member of his party shall vitiate insurance coverage, and Charterer shall be liable for all losses and indemnify Bluewater and Vessel Owner against all claims and demands which would otherwise have been covered by such insurance. Bluewater and Vessel Owner shall be held harmless for any loss to persons, property or the Vessel. The security or damage deposit may also be retained at Bluewater's sole discretion to cover initial damage or extraordinary cleaning expenses.
NON ASSIGNMENT: Charterer agrees to and shall not assign the Bareboat Charter Agreement and shall not sub-charter the Vessel.
LIENS AGAINST THE VESSEL: Charterer acknowledges that this vessel is the property of Bluewater or is legally under charter or yacht management program to Bluewater. By the terms and conditions of the Charter, neither the Charterer, nor the Master has the right, power or authority to create, incur, or permit to be imposed upon the vessel any liens whatsoever.
POSSESSION & RUNNING COSTS: Charterer shall have complete possession and control of Vessel during period of charter. Charterer agrees to bear, pay and discharge all ordinary running expenses in connection with the navigation and operation of said Vessel during the term of this charter, including but not limited to wages, if any, of skipper and crew, food, fuel, water, supplies, consumable stores, pilotage, port charges, mooring fees, and any other costs. Charterer will take reasonable care in handling the vessel and attend to all usual running expenses. Charterer expressly assumes responsibility for any running expenses during the term of the charter which have not been prepaid as part of the charter package. Such additional expenses may include, but are not limited to, food and other consumable stores, pilotage, provisions, supplies, fuel, port charges, bail funds, mooring fees, vessel assistance or towing fees.
RESTRICTED USE: The Vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of Charterer and their party. During the term of this charter, the Charterer shall not transport merchandise; carry passengers for hire; engage in any trade; participate in any competition or race; nor in any way be in violation of any state, federal or international maritime law or regulation. Charterer will not sub-let or hire the Vessel to any other person nor permit or suffer to permit the Vessel to be under control at any time of any person other than the Charterer. Charterer further agrees that the Vessel shall not be operated between sunset and sunrise and will not take the Vessel outside the United States. Charterer hereby agrees to indemnify Bluewater for all penalties, taxes, costs, expenses or damages occasioned by reason of the provisions of this paragraph.
SAFETY & MEDICAL: It is the sole responsibility of the Charterer/Skipper to a) conduct the vessel in a safe manner at all times, including confirmation that all safety equipment is aboard and in good working condition, and b) be mindful of the crew's health as well as ensuring that they & all crew members recognize, understand and fully accept that medical aid may not be readily available during the voyage. The charterer accepts all such potential liability.
WASTE MANAGEMENT & LEGAL RESPONSIBILITIES: Under terms of the Bareboat Charter Agreement, the Charterer assumes responsibility for "possession, command and navigation" of the Vessel during the term of the charter contract or use of the Vessel. Should the Charter illegally discharge prohibited pollutants, trash or holding tank waste overboard or cause environmental damage, Charter shall bear any and all costs of clean-up, remediation, fines or penalties.
FURTHER CERTIFICATIONS: Bluewater assumes no responsibility whatever for actions of Charterer and their crew or guests and Bluewater shall not be deemed responsible for any damage, loss, injury or death to Charterer, their crew, guests or any other individuals or property affected by Charterer's operation of the vessel or due to Charterer or Charterer's guest's or crew's negligence. Charterer herewith assumes full financial responsibility for any damage or loss to the vessel or any other property and for any injury or death of any individual associated with or affected by this Bareboat Charter.
ENTIRE AGREEMENT: This Bareboat Charter Agreement along with the requirements and policies contained within the Skipper's Manual; representations made in the Charterer Application and Resume of Sailing Experience, represent the entire Agreement between the parties hereto and supersedes any and all representations, whether written or oral, made by either party prior to or contemporaneous with this agreement. There are no warranties, express or implied, or representations, conditions, or agreements not specifically set forth herein.
JURISDICTION: This Agreement shall be construed and interpreted in accordance with the laws of the state of California, county of Los Angeles, with the exception of any admiralty or maritime claims which shall be construed under the maritime admiralty laws of the United States.
ADDITIONAL DECLARATIONS: I (the Charterer) have read, understand and fully agree to all the Terms and Conditions of this Bareboat Charter Agreement as well as to all of the Skipper's Manual, including but not limited to the Charter Agreement Terms & Conditions, General Rules & Policies. I agree that I am a Party to and will fully abide by all portions of this Agreement and that Manual without exception. I have reviewed the above details fully and honestly, and have volunteered any further information I am aware of that may affect the safe enjoyment of the proposed voyage by all aboard. I do not have any illegal drugs or weapons in my possession & will immediately inform Bluewater if I become aware of any on board, or anyone trying to bring such items aboard. I will declare, by written statement on this Agreement, details of any legal conviction, in any country, for any involvement with illegal drugs or weapons, I will not carry any packages for any third party on the boat. I have convinced myself that the boat is properly equipped and prepared for the voyage planned. I am aware that there are risks that I will face in this voyage, and take full responsibility for my decision & the decision of my crew to utilize the boat. I hereby agree that I will not hold Bluewater responsible for any accident, injury, damage or loss that may happen to myself, my crew or our belongings. I will make myself familiar with the location & operation of all safety equipment aboard the boat. I certify that I am fully trained, competent and experienced to handle the vessel requested and agree to accept full responsibility for the safety of the boat and crew.
I Further Certify That: 1) ALL passengers are listed on float plan; 2) I will return to Dock at or BEFORE SUNSET; 3) ALL Passengers Have Completed Bluewater Sailing Registration Form; 4) Passengers is defined as All Human Beings of Any Age on board Vessel at Any Time; at dock or underway; 5) I WILL NOT have sails raised or attempt to sail in any Marina del Rey side channels or basins.; 6) I will IMMEDIATELY contact Bluewater office & RETURN TO DOCK upon any accident, collision or grounding; 7) I accept full responsibility and will pay for all damages, not limited by security deposit, incurred during the charter; 8) I agree and fully authorize Bluewater, at their sole discretion, to immediately charge the amounts listed on the first page of this Agreement without further signature or credit card imprint if damage occurs during the Charter.
ELECTRONIC SIGNATURE AUTHORIZATION
By typing my full legal name in the signature field below, I acknowledge and agree that such typed name constitutes my electronic signature and is legally binding to the same extent as a handwritten signature. I agree that this electronic signature is valid and enforceable under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the California Uniform Electronic Transactions Act (UETA), and any other applicable law. I further acknowledge that I have read, understand, and agree to all terms and conditions of this Agreement.
Signature:
