Impressionante iate Sea Ray de 45 pés

Per this contract, the following TERMS AND CONDITIONS apply: 1) Under the Bareboat Charter Agreement (the "AGREEMENT") involving the Boat Owner ("OWNER") and client (CHARTERER), the OWNER hereby agrees to let and demise said Vessel and the CHARTERER agrees to hire on a bareboat basis upon the terms and conditions and for the consideration hereinafter set forth in this AGREEMENT. The OWNER warrants that the Vessel, when delivered to the CHARTERER, shall be in good seaworthy condition and shall comply with all applicable laws and regulations pertaining to the conditions of the Vessel. 2) NAVIGATIONAL LIMITATIONS: The proposed route/area of travel will be limited to the Chicago River, the "Playpen", and Lake Michigan not to exceed 10 miles offshore. 3) PAYMENT TERMS: As consideration for use of Vessel and in accordance with the AGREEMENT, the CHARTERER shall pay a 25% deposit of the "Total Amount" due at signing in order to confirm this AGREEMENT. CHARTERER authorizes OWNER to charge a valid c card on file and/or collect additional funds from the CHARTERER for any of the following instances, as caused by the CHARTERER and/or the CHARTERER'S guests: a) damage to the head (toilet); b) excessive cleaning; c) missing and/or damaged equipment; d) damage caused by smoking; e) damage to the vessel, including the hull. 4) PRE AND POST VESSEL INSPECTIONS: CHARTERER shall maintain Vessel in good order and condition, reasonable wear and tear excepted. CHARTERER shall not be responsible for repairs to VESSEL except to the extent that the need for such repairs arises from the negligence or willful misconduct of the CHARTERER, its employees, invitees, passengers, or guests. CHARTERER shall perform a pre-charter inspection of 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, if any, with the Vessel, its equipment and safety procedures, and to note any pre-existing damages or conditions of the Vessel. The Vessel shall also be inspected upon its return and any damage or other conditions of the Vessel, not noted on the pre-charter inspection, shall be for CHARTERER’S account. 5) OPERATOR COMPETENCY/CAPTAIN AND CREW: The CHARTERER agrees to only use a qualified captain and crew. Minimum operator requirements for the Vessel include the following: a minimum of two (2) years of experience operating vessels of a similar size to the Scheduled Vessel; have no marine losses in the last ten (10) years; no violations or suspensions in the last five (5) years; and no criminal convictions or pleas of no contest, ever. CHARTERER is responsible for selecting and compensating the captain and crew, who shall be employees of the CHARTERER for the duration of the Charter. The captain and crew selected by CHARTERER shall, at all times, be under the total and exclusive control of CHARTERER, and not OWNER. CHARTERER may choose a captain and crew known to CHARTERER, who meet the qualifications set forth in this paragraph, or may choose from a list of qualified operators provided by OWNER. CHARTERER has the right to discharge, for cause, the Captain or any crew member during the term of the Charter. 6) INDEMNIFICATION: Neither the OWNER, its agents, members, officers, heirs, representatives and employees, the Vessel, nor the underwriters of any of the foregoing (“Indemnitees”) shall have any responsibility or liability for any claim, action, cause of action, expense, demand, or liability involving damage to or loss of any cargo or equipment carried by the Vessel or for any injury, illness, disease or death of any person, including without limitation, third parties, CHARTERER, or of any of CHARTERER’s employees, passengers, guests, invitees, subcontractors, or the employees or agents of CHARTERER’s subcontractors and CHARTERER shall defend, indemnify, and hold harmless Indemnitees from and against any such claims, actions, causes of action, expenses, demands, and liabilities whether groundless or not, and whether caused in whole or in part by the negligence or faults of the Indemnities or by the unseaworthiness of the Vessel or equipment of the OWNER, OWNER'S property, and/or OWNER'S sub-contractor's property. CHARTERER shall also indemnify, defend and hold harmless Indemnitees from and against any and all claims, damages, expenses, fines, penalties, or liabilities assessed or charged by the U.S. Coast Guard, Illinois Department of Natural Resources, Conservation Police, or any other governing or governmental agency, relating or resulting from, or for, CHARTERER’s improper or negligent operation or use of the Vessel, including as contrary to a bareboat charter or use as a recreational vessel, whether the same is only alleged or proven to be true. CHARTERER’s duty to defend, indemnify, and hold harmless shall include the duty to pay all reasonable attorneys’ fees and costs incurred by Indemnitees in the defense of any and all such claims identified in this paragraph. CHARTERER acknowledges that it is in their best interest and responsibility to obtain liability insurance. 7) CHARTERER’S USE AND OPERATION OF VESSEL: A. CHARTERER acknowledges and agrees that the maximum number of persons allowed aboard the Vessel while underway, moored, docked, idling, or anchored shall be twelve (12) persons excluding CHARTERER, the Master or captain, and crew hired and paid by CHARTERER which are acting in the navigation and service of the Vessel for the voyage. CHARTERER also agrees to not engage in any boat tie ups. B. CHARTERER agrees that the Vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of itself, the CHARTERER, its employees, invitees, passengers, and guests during the term of this Charter. C. CHARTERER agrees not to transport MERCHANDISE FOR HIRE or CARRY PASSENGERS FOR HIRE, or engage in any trade, or in any way violate any laws of the United States. CHARTERER also agrees to not engage in any towing of persons, diving, water skiing, barefoot skiing, kneeboarding, sit-down hydrofoiling, skurfing, wakeboarding, wakeskating, discing and tubing. D. CHARTERER and CHARTERER’s agents and employees shall have no rights, power, or authority to create, incur, or permit to be imposed upon the Vessel, including its appurtenances, any liens or encumbrances of any nature. CHARTERER agrees to indemnify, defend and hold harmless OWNER for any charges or losses in connection therewith, including reasonable attorneys’ fees and costs, incurred by OWNER with regard to any such liens or encumbrances, including but not limited to any actions to secure the satisfaction and/or release of same. E. CHARTERER shall not sub-charter or assign the Charter without the prior written consent of the OWNER. F. CHARTERER shall ensure compliance with all local, state and federal laws and U.S. Coast Guard regulations during the Charter Period as well as the laws and regulations of any jurisdiction into whose waters the Vessel shall enter during the course of this Charter Agreement. If CHARTERER or any of CHARTERER’s guests, passengers, employees, or invitees shall commit any offense contrary to the laws and regulations of any jurisdiction which results in the Vessel being detained, arrested, seized or fined, CHARTERER shall indemnify OWNER against any and all loss, damage and expense incurred by the Vessel and/or OWNER. G. CHARTERER warrants and agrees not to operate the Vessel, or allow the Vessel to be operated by any person or operator that is, under the influence of alcohol, illegal drugs or marijuana. CHARTERER acknowledges and represents that CHARTERER has been informed of, or is otherwise aware 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, marijuana, or other contraband brought aboard the Vessel at any time during the Charter Period or any extension thereof. CHARTERER agrees to fully indemnify, defend and hold OWNER harmless for any and all losses suffered by OWNER and/or the Vessel in the event that CHARTERER breaches this covenant. 8) FAILURE TO DELIVER TO VESSEL: The OWNER shall not be responsible for failure to deliver the Vessel at commencement of the Charter if such failure is caused by reasons beyond the control of the OWNER. Further, the OWNER shall in no event be liable for operational limitations of the Vessel, including weather-related instances. If weather does not permit, such that the desired route/area of travel is deemed "un-charterable," the OWNER and its employees will work with the CHARTERER in temporarily postponing and/or rescheduling the charter. The ability to deem the desired route/area of travel as "un-charterable," is at the sole discretion of the OWNER, if prior to departure. 9) CANCELLATION BY CHARTERER: All cancellation requests made at least fourteen (14) days prior to your charter date are eligible for a full refund.. Cancellations made thirteen (13) days or less prior to your charter date are subject to a 50% cancellation fee. 10) COST OF FUEL: The CHARTERER is responsible for the costs of fuel. The cost of fuel is included in the "Total Amount" due. 11) CHOICE OF LAW/FORUM/JURISDICTION: This Agreement shall be construed under and governed by Federal Admiralty Law. To the extent Federal Admiralty Law does not apply, the laws of the State of Illinois, excepting for the choice of law rules of said state, shall apply. If any provision shall, for any reason, be found to be invalid, illegal, or unenforceable in any respect, such shall not affect any other provision of this Agreement. Any actions or controversies arising out of or relating to this Agreement, including but not limited to any breach hereof, shall be brought in the federal court of the Northern District of Illinois, Eastern Division, and Charter.