FOUNTAINE PAJOT HELIA 44 CATAMARAN

CHARTER CLIENT CONTRACT  This Bareboat Charter Agreement made on the date above is between the Owner of the yacht (referred to as “Owner”) and Chronic Sailing LLC (referred to as “Owner’s Agent”), and the Charter Client (referred to as “Charterer”)  1. The Owner through Owner’s Agent agrees to rent the yacht to the Charterer who agrees to take the yacht for hire for the above charter period. Reservations require a deposit of 50% of the charter fee with the balance due 14 days prior to the charter period. There will be a $50 service charge for any returned checks. All charters must be reserved and paid for in full prior to your arrival.  CANCELLATIONS:  1. The Charterer can always reschedule a charter for later in the current calendar year with no penalty and any funds paid will be applied to the new charter. Cancellations received more than 30 days prior to the start date will receive a full refund less a $350 cancellation fee. If cancellation occurs less than 30 days but more than a week prior to the charter, the Charterer will receive a full refund less a $750 cancellation fee. Charters canceled within a week of the start date will forfeit all funds.  2. If it is deemed unsafe to go out due to weather on the day of the charter, the Owner’s Agent may cancel the charter, and all monies will be refunded or the Charterer can reschedule for another date during the calendar year.  DAMAGE AND LOSS:  3. The Owner will keep the yacht fully insured under a standard marine yacht policy with a deductible of $5000. The Charterer agrees to be financially responsible for the cost of any damage to the yacht, the dinghy a motor (if included), and all associated equipment, up to the security deposit amount listed above by providing a credit card as insurance. The credit card will be placed on hold for this amount, and the hold will be removed after the yacht is returned and after Owner’s Agent inspection, provided there is no damage or loss. We oer a damage deposit buy-down option (damage waiver) for $35/day, which reduces your liability from $5000 to $1500 for single day trips with a pre-approved captain or $2500 for multiple day trips or without a pre-approved captain. If you choose a captain from our pre-approved list, you will not be liable for any damage caused by the captain. If any damage or loss occurs, you are responsible for contacting the Owner’s Agent immediately and providing a detailed report of the incident in writing (including other parties/vessels involved, witnesses, description of damage, etc.) and a police report if requested by the Owner’s Agent and is available.  4. Although the Charterer will only be liable to the extent of the amount mentioned in Paragraph 3 for normal operation of the yacht, the Charterer will be liable in excess of this amount if the damage or loss occurs as a result of negligence, an intentional act, or a flagrant disregard on your part of rules for the usage and operation of the yac noted below. This unlimited liability extends to the loss/damage of the dinghy and/or dinghy motor if included.  5. The Charterer agrees that no repairs will be made without the Owner’s permission. The Owner agrees if the yacht sustains a mechanical breakdown or is disabled by any cause after delivery that prevents the use of the yacht, and if the breakdown is not brought about by any act or default of the Charterer, the Owner through Owner’s Agent will make a prorated return of the charter fee for the amount of time that the yacht was unfit for use. The Owner will not  responsible for any other consequential loss or damage.  DELIVERY AND RETURN OF THE YACHT:  6. The Owner’s Agent will deliver the yacht at the boarding port in proper working order and outfitted/equipped appropriately for a yacht of her size and type, in clean and good condition and ready for service. It  the Charterer’s responsibility to examine the yacht and all equipment before departure and bring any issues that were ascertainable by due diligence to the attention of the Owner’s Agent. No refunds will be granted for issues that are not discussed prior to departure.  Initial ________ 7. If it is impossible for the Owner’s Agent to deliver the yacht due to causes beyond their control, and if delivery cannot be made within 24 hours of the start of the charter period, then this agreement may be cancelled by the Charterer and all money paid in advance will be returned.  8. If the Charterer is not present or not ready to accept delivery of the yacht at the specified time and place, f whatever reason, the Owner’s Agent reserves the right to set the time of delivery within a 24-hour period.  9. The Charterer is responsible for allowing sucient time for unforeseen contingencies to permit return to the port on time. If you cannot return the yacht to the time/place stipulated, you agree to pay a pro-rated fee to the Owner and Owner’s Agent for the time that the delivery is delayed plus any losses (including lost charter income) that the Owner and Owner’s Agent may have sustained due to the delay.  10. The yacht will be delivered to Charterer with fuel, water tanks topped o and pumped out. For all overnight and multiday charters, the Charterer agrees to return the yacht with full fuel, water, and with holding tanks pumped out at their expense with a receipt provided to Owner’s Agent or they agree to the option of having us refuel and pump-out at a cost of $100 plus the price of the fuel(TBD) and $5 per holding tank, which will be charged to the Charterer’s credit card provided. All fuel and pump-out costs are included for single day charters.  11. The Charterer agrees to surrender the yacht at or before the expiration date/time of this charter at the release port, free and clear of any debts that may have been incurred by the Charterer. The Charterer agrees to keep the yacht in good running order and condition, and in substantially the same condition as when they accepted delivery with only reasonable wear and tear as to be expected.  12. The Charterer is responsible for the cleaning fee. Cleaning fees are $150 for a single day charter and $300 for a multi-day charter. Your damage deposit also serves as an additional cleaning deposit. While it is not expected that you do a deep cleansing of the boat inside and out, it must be returned in respectable condition for our cleaning crew: dishes washed, trash gathered, food removed, and dirty linens gathered. Additionally, the use of spray-on sun lotions of any kind is not allowed on the boat as they can stain the gelcoat and fabrics. The Charterer agrees to allow the Owner’s Agent to deduct an additional fee of up to $200 from their security deposit if excessive cleaning is required. Notice will be given by the Owner’s Agent to the Charterer prior to any charges taking place.  AUTHORITY FOR OPERATION OF THE YACHT:  13. Only pre-approved members of the charter party, verified by Owner’s Agent by means of a pre-qualifica resume or questionnaire, that are at least 21 years of age are allowed to operate the Yacht. The Charterer is responsible for the navigation of the yacht and agrees that they fully understand and are experienced in the navigation and operation of the class of yacht chartered and have experience in the use of the equipment provided. The Charterer will demonstrate this competence by trial sail or otherwise as requested by the Owner’s Agent prior to the start of the charter. If, after check-out of your skills in the Owner’s opinion, you or your party are deficient in number, trainin experience, or ability to undertake the proposed cruise, the Owner’s Agent may require that you hire an approved captain for a period to be determined by the Owner’s Agent. The Charterer is responsible for paying these fees (see Captain’s rates above) directly to the Captain. This responsibility is negated if you hire a Captain from our pre-approved list.  14. The Owner through Owner’s Agent evaluation will give full authority regarding the management of the yacht to the Charterer for the charter term. Although the Charterer will have full control of the yacht, if the Charterer hires a captain, the captain will be the sole judge as to whether it is reasonable and safe to operate the yacht at any given time or to any given place. Subject to the above, the captain and the crew will do their best to respond to all reasonable requests of the Charterer. The Charterer may discharge the captain or crew for cause; however, the Charterer must inform the Owner’s Agent prior to their release and allow time for suitable replacements to be secured to assure the safety of the yacht and all involved. The Charterer is not permitted to move or operate the yacht until a replacement Captain has boarded.  RULES OF USE:  Initial ________ 15. The yacht is restricted to cruising during the hours of day from one hour after sunrise to one hour before sunset. Dinghy use in harbors is permitted after dark with use of appropriate lights and safety gear.  16. The cruising area is restricted to the Chesapeake Bay and Tributaries in Maryland, excluding Kent Narrows, Knapp Narrows, the C. & D. Canal, and under the Severn River Bridges.  17. The Charterer will not leave the yacht unattended overnight except if in the event that severe weather conditions make it necessary to depart. Charterer must immediately advise the Owner’s Agent of such action; however, in such cases you are still responsible for ensuring that the yacht is properly safe and secure.  18. The Charterer agrees that the yacht will be used exclusively for pleasure and will not transport merchandise or carry passengers for pay , engage in trade, participate in races, or in any way violate the laws of the United States or any other government within the jurisdiction of which the yacht may be.  19. No drugs or illegal substances may be carried or used on board the yacht. The Charterer further certifies th they will not operate the vessel while under the influence of alcohol or illegal substances or permit any other person  operate it in such condition. The consumption of alcohol may increase the risk of injury around water and boats and you and your passengers accept that risk. The Owner and Owner’s Agent shall be held harmless from any and all claims or liability for personal injury or death arising from or related to, directly or indirectly, the use or consumption of alcohol or drugs, even if the personal injury or death is caused in whole or in part by the negligence of the Owner and Owner’s Agent.  20. No pets or other animals are allowed aboard the yacht without the permission of the Owner. 21. The Charterer agrees to pay dockage and other port charges incurred during the charter period.  22. Failure to comply with any of the rules above may result in immediate termination of the charter with forfeiture of all monies paid.  LIABILITY  23. For charter periods in which a pre-approved captain is aboard, the Charterer is not relieved of liability under sections five and six of this agreement and will still be responsible for damage or loss to the yacht, dinghy/motor, a equipment, caused by the Charterer or their party. Make sure all members of the Charter party understand how to use the equipment aboard (heads, safety equipment, stove/oven, grill, etc.).  24. The Owner and its insurance underwriters accept no responsibility or liability for accidents, injuries or death due to swimming, or the use of snorkels, masks, or other equipment such as SCUBA equipment, whether or not it is provided by the Owner, Owner’s Agent, or the Charterer.  25. The Charterer agrees that the Owner of the yacht, Chronic Sailing LLC (to include Shawn Owen, Owner’s Agent, captains, brokers or agents of the vessel or company), CSI Marina, and the insurance underwriters will not be responsible for liability to Charterer, Charterer’s members, or their personal belongings.  26. The Charterer agrees that any controversy or claim related to this contract will be settled by arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be held in the City of Annapolis, in the State of Maryland. Judgment upon the award rendered may be entered in any Court having jurisdiction. In the event that any court action is filed in relation to this agreement, the unsuccessful party in the action will pay t successful party the award in addition to all other reasonable fees/costs incurred by the successful party during the action to include attorney fees and costs.  27. The Owner and Owner’s Agent accepts no liability for Acts of God, Acts of War, or similar events. The Owner and Owner’s Agent makes no representation other than those contained in this agreement.  Initial ________ To the true and faithful performance of this Agreement, the said parties hereto bind themselves, their heirs, personal representatives and assigns, each to the other.  IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written abov Charterer: ___________________________________________ Date: _______________ Owner Representative: ___________________________________ Date: _______________  Initial ________