50' Azimut Luxury Yacht (Fits 18 Guests) in Montreal

You will be asked to sign this rental agreement prior to your rental: Date:  CHARTERER Name: CHARTERER E-mail:  RE: Bareboat charter agreement with Yacht Bros Corp.  We are pleased that you will be renting the Yacht Bros Corp. vessel and we are pleased to rent you our vessel, as a bareboat charter, on the following terms:   CLAUSE 1 - TERM  The bareboat Charter Period shall commence on __________________________ and terminate on _______________________________. CLAUSE 2 – DEFINITIONS Boat shall refer to the vessel described in this Charter Agreement, which operates as KIKI IV ON 847735, including all its equipment, machinery, furnishings, and amenities provided by the OWNER for the CHARTERER’s use during the Charter Period. Boat Captain shall refer to a certified and experienced individual selected and hired by the CHARTERER to operate and navigate the Boat during the Charter Period, as required by Clause 12 (Manning Requirements). The CHARTERER will be required to pay the Boat Captain directly. Charterer shall refer to the individual, corporation or person on behalf of an entity entering into this bareboat Charter Agreement with the OWNER for the bareboat charter of the Boat who is at least 18 years of age or older. If a corporation or person on behalf of an entity enters into this Bareboat Charter Agreement, the individual signing the Bareboat Charter Agreement shall also be personally liable for any responsibilities, terms and conditions and all terms of this Agreement.  Charter Agreement shall refer to this Bareboat Charter Agreement, including all responsibilities, terms and conditions. Charter Period shall refer to the duration specified in Clause 1 (Term) of this Bareboat Charter Agreement, commencing on the start date and terminating on the end date unless earlier terminated or extended as provided herein. Deckhand shall refer to the second-in-command or assistant to the Boat Captain, responsible for assisting with navigation, operation, and general duties onboard the Boat during the Charter Period. The Boat Captain and Deckhand are required to operate the Boat. The Deckhand must be a certified and experienced individual hired by the Charterer. You will be obligated to pay the Boat Captain and Deckhand directly. Owner shall refer to Yacht Bros Corp., the entity that owns the Boat and is entering into this Bareboat Charter Agreement with the CHARTERER for the charter of the Boat. Place of Delivery shall refer to the location where the Boat is delivered to the CHARTERER at the commencement of the Charter Period, as specified in Clause 4 (Delivery). CLAUSE 3 - AGREEMENT TO LET AND HIRE Whereas the CHARTERER desires to bareboat charter the Boat from the OWNER and the OWNER desires to bareboat charter the Boat to the CHARTERER under the terms and conditions set forth herein. The OWNER agrees to let, and the CHARTERER agrees to bareboat charter the Boat for the Charter Period for use by the CHARTERER as a pleasure craft only. The CHARTERER undertakes not to rent or lease this boat to any third parties nor use it for any commercial purposes. The CHARTERER assumes full responsibility for the operation, crewing, maintenance, and legal compliance of the vessel during the charter period. This charter is a full and complete demise of the Boat to the CHARTERER, which shall, at its own expense man, navigate and operate the Boat. The CHARTERER shall have exclusive control over the Boat during the Charter Period. The owner retains no control over the vessel during the charter period.  In Canada, a bareboat charter is different from a time charter or voyage charter, where the owner provides the crew and remains responsible for the vessel.  The OWNER agrees not to enter into any other Agreement for the charter of the Boat for the same period. The CHARTERER agrees to comply with Transport Canada and Marine Environmental Protection Rules and Legislation (e.g. proper disposal of waste, oil discharge prohibitions, etc.). The CHARTERER agrees to pay the Charter Fee and any other agreed charges, in cleared funds, no later than the date and to the Account specified in this Charter Agreement. The CHARTERER agrees to charter the Boat for the Charter Period and Charter Fee indicated in the Bareboat Charter Agreement. The CHARTERER acknowledges and accepts the policies, procedures and terms of service applying to the Charter contemplated by this Bareboat Charter Agreement and confirms that the CHARTERER has read and understood them.  CLAUSE 4 - DELIVERY The OWNER shall, at or before the beginning of the Charter Period, deliver the Boat free of encumbrance to the Place of Delivery in compliance with its flag requirements and the CHARTERER shall take delivery in full commission and working order. The Boat shall be  seaworthy, clean, in good condition throughout and ready for the bareboat charter. The CHARTERER must comply with safety equipment requirements, such as life jackets, fire extinguishers, emergency signals, etc. The Boat has safety equipment and amenities required for normal operation and use, including but not limited to, Transport Canada lifejackets of the right size to fit each person on board, fire extinguishers, marine emergency first aid kit, reboarding device, buoyant heaving line, watertight flashlight, flares, anchor, manual bilge pump, navigation lights, magnetic compass, communication equipment, and a sufficiently full fuel tank upon commencement of the charter period. The CHARTERER acknowledges that the Boat is provided “as is” with all equipment in working condition to the best of the OWNER’s knowledge at the time of delivery. The OWNER does not warrant that the Boat or its equipment will be free from minor defects, wear, or imperfections that do not materially affect the Boat’s performance, safety, or seaworthiness. The parties agree that minor defects shall not waive the obligation of the CHARTERER to pay the OWNER the bareboat charter fee. The CHARTERER shall notify the OWNER promptly of any significant defects, malfunctions, or necessary repairs required during the Charter Period. The CHARTERER shall be responsible for all damages to the Boat, including damage caused by vandalism, negligence or misuse.  The parties agree that the balance of the Charter Fee shall be paid by the CHARTERER before the commencement of the charter period and before embarking on the Boat.  Minor defects or imperfections that do not materially affect the Boat’s performance, safety, or seaworthiness shall not void this Charter Agreement. The CHARTERER shall not withhold charter fees or terminate the Charter Agreement solely based on minor defects or imperfections. CLAUSE 5 - REDELIVERY The CHARTERER shall redeliver the Boat to the OWNER at the Place of Redelivery free of any debts incurred for the CHARTERER’s account during the Charter Period and in as good a condition as when delivery was taken, except for fair wear and tear arising from ordinary use.  The CHARTERER may if he/she/they wish, redeliver the Boat to the Place of Redelivery and disembark prior to the end of the Charter Period but such early redelivery shall not entitle the CHARTERER to any refund of the Charter Fee. The CHARTERER shall redeliver the Boat to the OWNER in a clean and tidy state, free of debris, trash, and personal belongings, with all equipment, furnishings, and amenities in their original condition.  In cases where irregular untidiness necessitates additional cleaning beyond normal upkeep, the CHARTERER shall be responsible for a cleaning fee of two hundred and fifty dollars (250.00$). The fee will be assessed by the OWNER based on the extent of the required cleaning to address the irregular untidiness.  If, prior to the commencement of the Charter Period, the CHARTERER notices small defects, irregularities or untidiness in the Boat, the CHARTERER may take pictures and bring them to the attention of the OWNER. The CHARTERER will not be charged a cleaning fee for pre-existing defects, irregularities or untidiness that has been brought to the attention of the OWNER, or has been photographed and timestamped before the commencement of the Charter Period.  CLAUSE 6 - OPERATING COSTS The Charter Fee includes the charter of the Boat with all its equipment in working order and basic consumable stores for engine room, deck, galley and cabins of the Boat. The CHARTERER will pay, at cost, for all other expenses. These include, but are not limited to, crew costs, shoreside transport, food and all beverages, berthing dues and other harbour charges including pilots’ fees, local taxes, customs formalities and any charges for waste disposal, docking fees, charges for water and electricity taken from shore, and hire or purchase costs of any special equipment placed on board at the CHARTERER’s request. CLAUSE 7 - DELAY IN DELIVERY If the delivery of the Boat to the CHARTERER is delayed by two (2) hours or less due to unforeseen circumstances such as mechanical issues, weather conditions, or other unavoidable reasons, no penalties shall be incurred by the OWNER. If the delay in delivery by the OWNER exceeds two (2) hours due to reasons within the OWNER's control, the CHARTERER and the OWNER shall mutually agree on one of the following remedies: An elongated charter period to compensate for the lost time, with the additional hours added to the end of the originally scheduled charter period; or, A refund to the CHARTERER at a prorated rate for the hours lost due to the delay, calculated based on the hourly rate specified in the Payments clause of this Charter Agreement. In the event of a delay in delivery exceeding two (2) hours, the OWNER shall promptly notify the CHARTERER of the estimated duration of the delay and propose potential remedies as outlined in subsection (b) above. Except as provided in this clause, the OWNER shall not be liable for any damages, losses, costs, or expenses incurred by the CHARTERER due to a delay in delivery, whether such delay is within or beyond the OWNER’s control. If, by reason the force majeure or any other reason, the OWNER fails to deliver the Boat within four (4) hours or a period equivalent to half (1/2) of the Charter Period, to the Place of Delivery, whichever period is the shorter from the due time of delivery, the CHARTERER shall be entitled to treat this Bareboat Charter Agreement as null and void. The CHARTERER’s exclusive remedy will be to receive repayment, without interest, of the full amount of all payments made by him/her/they under the terms of this Bareboat Charter Agreement. Alternatively, if the parties mutually agree, the Charter Period shall be extended by a time equivalent to the delay or postponed to a mutually agreed time and/or date. CLAUSE 8 - DELAY IN REDELIVERY If redelivery of the Boat is delayed by reason of force majeure, redelivery shall be effected as soon as possible thereafter and, in the meantime, the conditions of this Bareboat Charter Agreement shall remain in force but without penalty or additional charge against the CHARTERER. If the CHARTERER fails to redeliver the Boat to the OWNER at the Place of Redelivery due to non-intentional or intentional delay or change of itinerary, then the CHARTERER shall pay forthwith to the OWNER demurrage at the hourly rate plus fifty percent (50%) of the hourly rate. The CHARTERER shall be liable for all operating costs and indemnify the OWNER for any loss or damage which the OWNER shall suffer by reason of deprivation of use of the Boat or cancellation of, or delay in delivery under any subsequent Charter of the Boat. CLAUSE 9 - CANCELLATIONS  Cancellation by Owner In the event that the OWNER cancels the charter reservation, the CHARTERER shall be entitled to a full reimbursement, without interest, of all payments made to the OWNER under this Bareboat Charter Agreement within seven (7) business days of the cancellation. The full reimbursement of payments made by the CHARTERER shall be the sole and exclusive remedy available to the CHARTERER in the event of cancellation by the OWNER. The CHARTERER shall have no further claims, rights, or remedies against the OWNER arising out of or in connection with such cancellation. In the event of a cancellation by the OWNER, the OWNER shall promptly notify the CHARTERER of the cancellation. Except as provided in this clause, the OWNER shall not be liable for any consequential, indirect, or incidental damages, penalties, losses, costs, or expenses incurred by the CHARTERER due to the cancellation, including but not limited to travel expenses, accommodation costs, or any other associated expenses. Cancellation by Charterer If the CHARTERER cancels within 7 days of the Charter Period, the OWNER shall retain the Charter Fee. If the CHARTERER cancels the charter reservation for any reason 7 days "or more" before the Charter Period, the CHARTERER shall receive a refund of the Charter Fee minus a $249 administrative fee.  The OWNER shall not be obligated to refund any other payments made by the CHARTERER under this Charter Agreement, unless otherwise agreed upon in writing by the OWNER. The CHARTERER shall provide written notice to the OWNER of the cancellation as soon as possible by email addressed to book@yachtlyfe.ca. The cancellation notice shall specify the reason for cancellation and the date of cancellation. Except as provided in this clause, the OWNER shall not be liable for any consequential, indirect, or incidental damages, losses, costs, or expenses incurred by the CHARTERER due to the cancellation, including but not limited to travel expenses, accommodation costs, or any other associated expenses. Should the CHARTERER fail to pay, after having been given written notice by the OWNER, any amount due under this Bareboat Charter Agreement, the OWNER reserves the right to treat this Bareboat Charter Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payments and to recover all sums unpaid and due up to the date of the repudiation. Mutually Agreed Cancellation In the event of poor weather conditions, cancellation of the Charter may be necessary. In such cases, and subject to the considerations listed below, a full refund for the total amount of monies paid by the CHARTERER prior to cancellation will be issued by the OWNER to the CHARTERER.  The decision to proceed with or cancel the Charter due to weather conditions will be based on objective criteria determined by the OWNER and outlined below. The determination of weather suitability shall be made jointly by the OWNER and the CHARTERER, in consideration of all weather predictions and advisories provided by Environment Canada for the duration of the Charter Period.   The following weather conditions shall be considered unsuitable for charter: Wind Speed: Consistently forecasted wind speeds exceeding 30 knots; Wave Height: Significant wave heights exceeding 2 meters; Rainfall: Persistent heavy rainfall with reduced visibility or safety concerns; or, Storms: Presence of thunderstorms, lightning, or severe weather warnings in the vicinity. The CHARTERER may, with approval from the OWNER, choose to proceed with the Charter regardless of weather conditions if the safety of the Boat and guests is not compromised by said conditions. If the CHARTERER exercises this option, no credit or reimbursement shall be issued by the OWNER to the CHARTERER. Once the CHARTERER begins his Charter period after waiving his right to a credit, the unavailability of a credit shall not be affected by an eventual shortening of the Charter caused by the weather conditions.  Both parties shall maintain open communication regarding weather conditions and any decisions made regarding the Charter. The OWNER shall promptly notify the CHARTERER of any weather-related cancellations. The safety and well-being of all individuals aboard the Boat shall always take precedence over convenience, preferences, or other considerations.  CLAUSE 10 – QUITTANCE Upon receipt of the charter fee, and any other amounts due under this Charter Agreement, by signing this Charter Agreement, the CHARTERER is hereby providing the OWNER with a full and final release of all claims, liabilities, demands, damages, losses, costs, expenses and causes of action that the CHARTERER may have against the OWNER arising out of or related to this Bareboat Charter Agreement, the Boat or use of the Boat, whether caused by negligence, breach of contract, or otherwise. Upon receipt of the quittance, the CHARTERER acknowledges that the OWNER has no further obligations to the CHARTERER under this Bareboat Charter Agreement, and the CHARTERER shall have no further claims or rights against the OWNER in connection with the charter of the Boat. CLAUSE 11 – PAYMENT At the time of making the reservation, the CHARTERER shall pay the full amount owing for the Charter Period.  In addition to the charter fee, before you embark on the Boat, you will be required to provide a Security Deposit in the amount of $750.00. The Security Deposit will only be used in accordance with this Charter Agreement. If no additional charges apply, the Security Deposit will be automatically returned to you within 7 business days. All payments shall be made in Canadian Dollars (CAD), unless otherwise agreed upon in writing by the OWNER and the CHARTERER. Any applicable sales taxes will be in addition to the charter fee. The OWNER shall provide the CHARTERER with a receipt for all payments made under this Bareboat Charter Agreement. CLAUSE 12 – USE OF BOAT The CHARTERER shall exclusively employ the Boat as a pleasure craft for the sole and exclusive use of himself/herself/themselves, guests and/or servants during the term of this Bareboat Charter Agreement.  The CHARTERER shall not transport passengers for hire, transport cargo, or engage in any trade nor in any commercial activities. The CHARTERER shall not engage in any fishing activities, whether they be of a recreational or commercial nature. The CHARTERER shall not engage in any illegal activities during the Charter Period. CLAUSE 13 – MANNING REQUIREMENTS Captain During the Charter Period, the Boat shall be solely operated by a Boat Captain that has been selected, hired and paid by the CHARTERER and that meets all requirements set by the OWNER prior to the commencement of the Charter Period. The CHARTERER undertakes not to allow the operation of the Boat by anyone else during the Charter Period as this is strictly prohibited and a violation of this Bareboat Charter Agreement.  The Boat Captain selected, hired and paid by the CHARTERER must be appropriately certified to operate a boat of this size and tonnage, in accordance with all relevant regulations, including, but not limited to, the federal Marine Personnel Regulations, and shall have completed, prior to the commencement of the Charter Period, an onboard assessment of competence at the OWNER’s discretion. The Boat Captain shall possess the minimum certification of Master, Limited for a Vessel of less than 60 Gross Tonnage, Marine Emergency Duties (MED A1/A2) and a Radio Operator Certificate – Maritime (ROC-M), if the vessel has VHF radios. The OWNER reserves the right to allow a captain with significant experience, but a lesser certification, at their own discretion. The CHARTERER shall ensure that the Boat Captain and crew hired by the CHARTERER shall have performed a 5-hour vessel-specific orientation and proof of competency aboard the Boat prior to the Delivery. The CHARTERER will be responsible for paying all applicable fees, including the charter fee associated with orientation and proof of competency requirements. This requirement is to confirm that the Boat Captain is competent to operate the Boat safely. As required by the OWNER’s rental agreement with Boucherville Marina, the Boat Captain must also meet Boucherville Marina’s dock master and obtain his/her/their authorization to operate the vessel in close proximity to the Boucherville Marina harbour installations. A Boat Captain who has completed the above requirements will remain pre-authorized on the Boat for a period of 12 months.  The CHARTERER is free to select and hire any Boat Captain so qualified to operate the Boat for the Charter Period. The CHARTERER shall provide to the OWNER the name of its selected Boat Captain and proof of their certifications, licenses and qualification per the above requirements at least seven (7) days prior to the commencement of the Charter Period. The Boat Captain selected and hired by the CHARTERER shall also provide to the OWNER, upon request, a summary of their experience with boats equivalent or greater in size than the Boat. At any time where he/she/they is operating the Boat, the Boat Captain shall carry the original documentation or a copy of their relevant certifications on board. In the event that the CHARTERER is unable or unwilling to select and hire a Boat Captain so qualified to operate the Boat, upon request, the OWNER can provide a list of qualified Boat Captains as a courtesy and the CHARTERER can independently hire and pay the said Boat Captains of their own accord. The OWNER providing the list of qualified Boat Captains does not, in any way, oblige the CHARTERER to select a Boat Captain from the list. The CHARTERER remains free to select any certified Boat Captain absent from the list and provide their name to the OWNER for approval, so long as it is in accordance with the terms of the Bareboat Charter Agreement.  Deckhand During the Charter Period, the Boat Captain shall be assisted by a Deckhand selected and hired by the CHARTERER. The Deckhand shall be over the age of eighteen (18) years old and approved by the Boat Captain to perform the duties of a deckhand.  The compensation rate and payment method of the Boat Captain and Deckhand are to be determined independently by the CHARTERER and the Boat Captain and Deckhand. The OWNER shall have no say and no responsibility as to the relationship between the CHARTERER and the Boat Captain and Deckhand.  CLAUSE 14 – COMPLIANCE WITH REGULATIONS The CHARTERER agrees to use the Boat in strict compliance with all applicable local, provincial and federal laws, regulations and safety standards governing the operation, navigation, and maintenance of boats. This includes, but is not limited to, safety equipment requirements, navigation rules, and environmental regulations. The OWNER or the Boat Captain retained by the CHARTERER shall ensure that upon the Boat’s delivery, the Boat is equipped with safety equipment. Prior to the commencement of the Charter Period, the CHARTERER or their Boat Captain shall inspect the safety equipment and ensure that all required safety equipment is on board.  The CHARTERER and the Boat Captain shall navigate and operate the Boat with due care and in a manner consistent with prudent seamanship. The CHARTERER shall avoid reckless or negligent behaviour that could endanger the Boat, its guests, or other boats.  The CHARTERER shall comply with all environmental protection laws and regulations, including those governing waste disposal, fueling procedures, and wildlife protection. The CHARTERER shall not discharge any pollutants, hazardous materials, or waste into the water or environment. The CHARTERER shall promptly notify the OWNER of any accidents, incidents, or violations involving the Boat. The CHARTERER shall cooperate fully with the OWNER and relevant authorities in any investigations related to safety or environmental regulatory compliance. The CHARTERER acknowledges that failure to comply with safety regulations may result in legal consequences, including fines, penalties, or the termination of this Bareboat Charter Agreement by the OWNER. The CHARTERER shall be solely responsible for any fines, penalties, or damages arising from non-compliance with safety regulations during the Charter Period.  The CHARTERER and guests shall, at all times during the Charter Period, give due consideration to reasonable instructions from the Boat Captain for the safety and enjoyment of the Charter. In the event that the CHARTERER is dissatisfied with the performance of the Boat Captain or crew, the CHARTERER may request the dismissal of the Boat Captain or crew they selected. However, such dismissal can only take place once an alternate qualified Boat Captain or crew is arranged and prepared to onboard the Boat, as per the terms of this Bareboat Charter Agreement.  CLAUSE 15 – CRUISING AREA In the event that the CHARTERER chooses not to obtain independent insurance coverage, as permitted and explained in Clause 17, the CHARTERER agrees cruising area for the Boat shall be subject to any restrictions imposed by the OWNER’s insurance policy. If the OWNER’s insurance policy restricts the charter to sheltered waters, the CHARTERER agrees to operate the Boat only within such sheltered waters as specified in the insurance policy.  The CHARTERER acknowledges that compliance with the insurance policy’s cruising area restrictions is a condition of this Bareboat Charter Agreement, unless the CHARTERER obtains independent insurance coverage and provides proof to the OWNER prior to the Charter Period. Any deviation from the designated cruising area without prior authorization from the OWNER and compliance with insurance requirements shall constitute a breach of this Bareboat Charter Agreement and may result in termination of the Charter and forfeiture of the charter fee. CLAUSE 16 - MAXIMUM NUMBER OF PERSONS The CHARTERER shall ensure that the maximum capacity of the vessel is respected and shall be responsible for any penalties, fines, seizure, fees, damages or loss of income if they are alleged and or found guilty/liable to have breached the maximum capacity of the vessel by any Canadian authority.  The CHARTERER shall not at any time during the Charter Period exceed the total capacity of the Boat (1500kg). Overloading the Boat beyond the maximum recommended capacity may compromise the safety and seaworthiness of the Boat. The maximum capacity is established to ensure the safety, comfort, and enjoyment of all individuals on board the Boat. The CHARTERER shall ensure that all guests adhere to this limit and understand the importance of maintaining a safe and comfortable environment while on board. The CHARTERER acknowledges that exceeding the maximum capacity may result in legal consequences, fines, or penalties imposed by regulatory or government authorities. The CHARTERER accepts complete responsibility for ensuring that the maximum capacity is respected, and shall be solely responsible for any fines, penalties, losses or damages arising from non-compliance with the maximum occupancy clause. If the CHARTERER allows more persons than permitted by the maximum capacity to board and occupy the Boat during the Charter Period, and as a result, the OWNER’s permits, licenses, or approvals are suspended, revoked, or otherwise compromised, the CHARTERER shall be liable to the OWNER for any and all resulting profit losses, damages, costs, penalties, fines, boat detentions or other expenses incurred or to be incurred by the OWNER due to such violation. CLAUSE 17 – INSURANCE While the OWNER maintains insurance on the Boat, the CHARTERER is encouraged to obtain their own insurance coverage to protect against personal liability, damages, losses, or other risks that may arise during the Charter Period. Notwithstanding the foregoing, the CHARTERER is not required to obtain additional insurance coverage as a condition of this Charter Agreement. However, the CHARTERER acknowledges that the OWNER’s insurance may not cover all potential risks or liabilities and the CHARTERER assumes full responsibility, including personal liability, for any uninsured or underinsured risks, damages, losses, or liabilities arising from the CHARTERER’s use of the Boat. CLAUSE 18 – SUBSTANCES ON BOARD The CHARTERER is permitted to bring and consume food, alcoholic and non-alcoholic beverages on board the Boat during the Charter Period.  There will be no food or beverages available for purchase on the Boat, all must be brought on board by the CHARTERER.  Alcoholic beverages may be brought on board at the CHARTERER’s discretion, provided they are consumed responsibly and in compliance with applicable laws and regulations. The CHARTERER and guests shall not bring, possess, distribute, or consume any illegal drugs, narcotics, pharmaceutical drugs that are not prescribed by a doctor to the person consuming them or other illicit substances on board the Boat at any time during the Charter Period. Violation of this provision shall be considered a material breach of this Bareboat Charter Agreement and will result in immediate termination of the Bareboat Charter Agreement without refund. The parties agree that this is a material term of the Bareboat Charter Agreement. The CHARTERER shall be solely responsible for any consequences, penalties, fines, or damages arising from the possession, consumption, or distribution of any drugs, including but not limited to illicit substances, or non-compliance with applicable laws and regulations related to food and beverages brought on board by CHARTERER. CLAUSE 19 – RESTRICTED ACTIVITIES  The CHARTERER undertakes not to beach or permit the Boat to be beached at any time during the Charter Period. The CHARTERER undertakes not permit any scuba diving, diving, helmet diving, snorkeling, waterskiing, aquaplaning, parasailing or any similar activity from the Boat without the prior written consent from the OWNER.  The CHARTERER undertakes to ensure that he/she/they have the Boat Captain’s permission and when the Boat is anchored in a safe swimming zone before permitting any swimming activities.  The CHARTERER undertakes that he/she/they shall not allow themselves or their guests to jump into open water. Any jumping from the front, side or second level of the Boat is not recommended and is dangerous. Ramps, barriers or any object sticking out of or attached to the Boat may not, under any circumstance, be used as a diving board or for assistance in jumping in the water in any way.  The CHARTERER agrees that the OWNER shall not be liable for any swimming or water activities by the CHARTERER or their guest(s). The CHARTERER acknowledges that swimming or water activities may pose a threat to their security and safety, and those of their guest(s), including death and/or severe injury. The CHARTERER shall indemnify, defend, and hold harmless the OWNER from and against any losses, damages, legal fees, lawsuits and or any legal proceeding, costs, legal costs or expenses incurred as a result any injury to any guest, guests or crew who are injured during the Charter Period, including but not limited to while swimming or in breach of this clause. Any violation of this restricted activities policy shall be considered a breach of this Bareboat Charter Agreement, and the CHARTERER may be subject to penalties or termination of the Charter, in which case the CHARTERER will not be entitled to any full or partial refund of Charter fee.  CLAUSE 20 – WEATHER CONDITIONS The CHARTERER agrees to adhere to all weather advisories and restrictions provided by the OWNER or local authorities. The CHARTERER or Boat Captain shall not operate the Boat in adverse weather conditions that may jeopardize the safety of the Boat, guests, or crew. In the event of severe weather conditions or emergencies, the CHARTERER and/or Boat Captain shall seek shelter in safe harbours and take necessary precautions to secure the Boat until conditions improve. CLAUSE 21 – CHILDREN AND MINORS The CHARTERER undertakes that children and minors onboard the Boat are supervised at all times to prevent accidents, injuries, or unauthorized use of the Boat’s equipment. The CHARTERER undertakes to ensure that children and minors under the age of 14 shall wear a properly fitted and Transport Canada approved lifejacket when on deck or in open areas of the Boat. CLAUSE 22 – NO SMOKING INSIDE The CHARTERER undertakes to ensure that smoking or vaping will be strictly prohibited inside the Boat, including but not limited to, cabins, salons, bathrooms, and any enclosed spaces. CLAUSE 23 – NO PETS ON BOARD The CHARTERER undertakes not to allow any animals on the Boat for sanitary and health (allergies) reasons. Any violation shall be considered a breach of this Bareboat Charter Agreement, and the CHARTERER may be subject to a cleaning fee, as specified in Clause 5, and additional penalties or termination of the Charter. CLAUSE 24 – DRONE USE The CHARTERER shall obtain prior written consent from the OWNER before operating any drones or unmanned aerial vehicles (UAVs) onboard the Boat. The CHARTERER shall comply with all applicable laws, regulations, and airspace restrictions when operating drones or UAVs, including obtaining necessary permits and respecting privacy rights. The CHARTERER shall be solely responsible for any damages, injuries, or violations resulting from the use of drones or UAVs during the Charter Period. CLAUSE 25 – NON-ASSIGNMENT The CHARTERER shall not assign, transfer, sublicense, or delegate any of its rights, interests, or obligations under this Bareboat Charter Agreement to any third party, in whole or in part without the prior written consent of the OWNER.  Any attempt by the CHARTERER to assign, transfer, sublicense, or delegate any rights or obligations under this Bareboat Charter Agreement without the OWNER’s prior written consent shall be null, void, and of no effect. Such unauthorized assignment shall constitute a material breach of this Bareboat Charter Agreement, entitling the OWNER to terminate this Bareboat Charter Agreement immediately without liability or obligation to the CHARTERER. The OWNER shall have no obligations, responsibilities, or liabilities to any third party to whom the CHARTERER has improperly assigned, transferred, sublicensed, or delegated any rights or obligations under this Bareboat Charter Agreement, and the CHARTERER shall indemnify, defend, and hold harmless the OWNER from and against any losses, damages, costs, or expenses incurred as a result of such unauthorized assignment. CLAUSE 26 – RELEASE AND HOLD HARMLESS To the fullest extent permitted by law, the CHARTERER agrees to release, waive, and discharge the OWNER, its affiliates, partners, representatives, contractors, officers, directors, employees, agents, successors, and to assign from any and all claims, liabilities, damages, losses, costs, or expenses (including lawyer’s fees) arising out of or in connection with the CHARTERER’s use, operation, or possession of the Boat, whether caused by negligence, breach of contract, or otherwise. The CHARTERER agrees to indemnify, defend, and hold harmless the OWNER, its affiliates, partners, representatives, contractors, officers, directors, employees, agents, successors, and assigns from and against any and all claims, legal proceedings, liabilities, damages, losses, costs, or expenses (including attorney's fees) arising out of or in connection with: The CHARTERER’s use, operation, or possession of the Boat during the Charter Period; The CHARTERER’s breach of any term or condition of this Bareboat Charter Agreement; Any injury to any persons, including death, or damage to property caused during the Charter Period; Any violation of applicable laws, rules, or regulations by the CHARTERER or Boat Captain or Crew during the Charter Period; Any damages or losses to the Boat, including but not limited to, damages caused by the CHARTERER, the Boat Captain, the Crew or guest(s), whether it be by way of negligence, misconduct, breach, or failure to comply with the terms of this Bareboat Charter Agreement; Any claims or disputes between the CHARTERER and third parties arising out of the CHARTERER’s use or possession of the Boat, such as but not limited to boating accidents; and, Any claims or disputes between the CHARTERER, Boat Captain, crew and/or other guests, crew, or visitors onboard the Boat during the Bareboat Charter Period. Except for claims arising from the OWNER’s gross negligence or willful misconduct, the OWNER’s total liability under this Bareboat Charter Agreement shall not exceed the total amount paid by the CHARTERER to the OWNER under this Bareboat Charter Agreement during the Charter Period. The parties agree that provisions of this Release and Hold Harmless clause shall survive the termination or expiration of this Bareboat Charter Agreement and shall continue in full force and effect thereafter. The CHARTERER agrees that he/she/they have received Independent Legal Advice prior to signing this agreement, or that they have had the opportunity to do so before signing.  CLAUSE 27 – GOVERNING LAW This Bareboat Charter Agreement shall be governed by and construed in accordance with Canadian maritime law or, where said law is silent, by the law of the province of Quebec.  CLAUSE 28 – MANDATORY ARBITRATION Any dispute, controversy, or claim arising out of or relating to this Bareboat Charter Agreement, including but not limited to its formation, interpretation, breach, or termination, shall be resolved by way of arbitration in Montreal, Québec, in accordance with the laws of the Province of Québec, the Civil Code of Québec, CQLR c CCQ-1991 and the Code of Civil Procedure, CQLR c C-25.01. The arbitration shall be conducted by a single arbitrator appointed by mutual agreement of the parties or, failing such agreement, appointed by the Canadian Arbitration Association upon request by either party. The arbitration proceedings shall be conducted in either French and/or English and shall be governed by the rules of the Canadian Arbitration Association.  The costs of the arbitrator shall be shared equally by the parties. Each party shall bear its own costs and expenses of arbitration, including legal fees and disbursements. The arbitrator’s decision shall be final and binding, and no appeal shall lie therefrom, unless permitted by the Court. Judgement upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.  Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction to enforce its rights under this Bareboat Charter Agreement pending the resolution of the dispute through arbitration. CLAUSE 29 – SEVERABILITY If any provision of this Bareboat Charter Agreement is deemed or held to be invalid, illegal or unenforceable, such invalidity, unenforceability or illegality shall not affect the validity, enforceability or legality of the remaining provisions of this Bareboat Charter Agreement and this Charter Agreement will be deemed to be amended to the extent necessary to make it valid, enforceable and legal, or, if necessary, this Bareboat Charter Agreement will be deemed to be amended to delete the invalid, unenforceable or illegal provision or portion thereof. In the event any provision is deleted or amended, the remaining provision(s) will remain in full force and effect.  CLAUSE 30 – WAIVER The failure of either party to enforce any provision of this Bareboat Charter Agreement shall not be deemed a waiver of that provision or any other provision of this Bareboat Charter Agreement. CLAUSE 31 – ENTIRE AGREEMENT This Bareboat Charter Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior arrangements, understandings or agreements, whether oral or written, between them relating to the subject matter of this Bareboat Charter Agreement. The CHARTERER acknowledges and agrees that, in entering into this Bareboat Charter Agreement, the CHARTERER has not relied on any oral statements, representations, or warranties made by the OWNER or any other person or entity on their behalf, and any such statements, representations, or warranties shall not be binding upon the OWNER or their representative. Except as expressly provided in this Bareboat Charter Agreement, no implied terms, conditions, warranties, or representations shall apply to this Bareboat Charter Agreement or the parties’ obligations hereunder. Any amendments, modifications, or changes to this Bareboat Charter Agreement must be in writing and signed by both the OWNER and the CHARTERER to be valid and enforceable.  The headings used in this Bareboat Charter Agreement are for convenience only and shall not affect the interpretation or construction of this Bareboat Charter Agreement.  This Bareboat Charter Agreement was signed on _____________________________ Per: ________________________ CHARTERER And Per: ___________________ Authorized Representative of Yacht Bros Corp. OWNER