Legend Pontoon / BBQ / Bluetooth & Fun in Montréal

BAREBOAT CHARTER AND BOAT RENTAL AGREEMENT 1. Parties and Vessel This Bareboat Charter and Boat Rental Agreement, referred to as the “Agreement,” is entered into between: Owner: [LEGAL OWNER OR COMPANY NAME] Charterer: [RENTER FULL NAME] Vessel: 21' Legend Pontoon Departure Location: Marina Pointe-aux-Trembles, Montréal, Québec Booking Platform: Getmyboat Booking Reference: [BOOKING NUMBER] Charter Date: [DATE] Charter Period: [START TIME] to [END TIME] Maximum Persons on Board: [CONFIRMED MAXIMUM TOTAL PERSONS] For clarity, the maximum number of persons means the total number of people aboard the Vessel, including the Charterer, operator, independent captain, crew and guests. 2. Nature of the Agreement — Bareboat Charter 2.1. This Agreement is for the rental of the Vessel only. No captain, master, operator, crew member, guide or transportation service is included in the Vessel rental price. 2.2. The parties intend this arrangement to constitute a bareboat charter in accordance with applicable Canadian maritime law. 2.3. During the Charter Period, following delivery of the Vessel, the Charterer shall have possession and operational control of the Vessel and shall have the unrestricted right to select, hire and dismiss any qualified independent captain or operator. 2.4. The Owner does not appoint a captain for the Charterer and does not require the Charterer to hire the Owner or any particular captain. 2.5. The Owner shall not exercise operational control over the Vessel during the Charter Period. 2.6. Contractual restrictions concerning insurance, geographical operating limits, maximum capacity, prohibited activities and protection of the Vessel do not transfer operational control back to the Owner. 2.7. The Vessel may only be used by the Charterer and guests for private recreational purposes. It may not be used to transport persons or goods for compensation, conduct tours, provide commercial transportation, perform paid work or conduct any other commercial operation. 3. Captain and Operator Selection 3.1. The Charterer may: a. operate the Vessel personally if qualified and accepted under the operator screening requirements of this Agreement; or b. independently hire any qualified captain or operator of the Charterer’s choice. 3.2. If the Charterer does not meet the Owner’s objective safety and experience requirements for self-operation, the Charterer must independently select a qualified operator before the Vessel will be delivered. 3.3. The Owner shall not require the Charterer to use a specific captain or a mandatory list of captains. 3.4. At the Charterer’s request, the Owner may provide non-exclusive contact information for independent third-party marine operators solely as a convenience. The Charterer: - is not required to use any person identified by the Owner; - remains free to locate another qualified captain; - independently decides whom to hire; - retains the right to dismiss that captain; - enters into a separate agreement directly with that captain. 3.5. Any person referred by the Owner must genuinely be independent. The Owner shall not represent an employee, agent or controlled operator as an independent captain. 3.6. The Owner does not guarantee the availability, performance, conduct or qualifications of any independently selected captain. 4. Captain Fees and Payment 4.1. Captain or crew fees are not included in the Vessel rental price. 4.2. Any captain hired by the Charterer provides services independently from the Owner under a separate arrangement. 4.3. The Owner does not receive the captain’s compensation as part of the Vessel rental charge and shall not represent a captain fee as part of the bareboat rental price. 4.4. Any payment arrangement involving an independent captain must comply with applicable law and Getmyboat’s current payment policies. 4.5. Nothing in this Agreement authorizes either party to circumvent Getmyboat’s payment rules, service fees or booking requirements. 5. Operator Competency 5.1. Every person who will operate the Vessel must be identified before departure. 5.2. Every operator must possess the proof of competency required by Canadian law. Acceptable proof may include, where legally applicable: - a Pleasure Craft Operator Card; - another Transport Canada-recognized marine certificate or equivalency; - a properly completed Rental Boat Safety Checklist valid for the rental period; - documentation recognized for non-resident operators under Canadian law. 5.3. Legal proof of competency does not automatically establish sufficient practical experience to operate this specific Vessel. 5.4. The Charterer acknowledges that the Owner may establish reasonable and objective minimum experience requirements for protection of the Vessel and the safety of all persons aboard. 6. Prior Boating Experience and Practical Checkout 6.1. Any Charterer wishing to personally operate the Vessel must advise the Owner before the rental date. 6.2. The proposed operator may be required to provide information concerning: - previous boating experience; - types and sizes of vessels previously operated; - docking experience; - experience operating on the St. Lawrence River; - knowledge of buoys and navigation rules; - knowledge of currents and local hazards; - boating courses and certifications. 6.3. The Owner may require the proposed operator to complete a practical pre-rental checkout before approving delivery of the Vessel for self-operation. 6.4. The practical checkout may be performed by the Owner before commencement of the Charter Period or by a qualified independent third-party marine training or assessment provider. 6.5. The checkout may include: - starting and stopping the engine; - throttle and gear operation; - slow-speed manoeuvring; - steering; - docking and leaving the dock; - stopping procedures; - anchoring; - emergency procedures; - man-overboard procedures; - identification of safety equipment; - local navigation hazards; - applicable navigation rules. 6.6. A practical checkout is a contractual safety screening and is not a substitute for any proof of competency required by law. 6.7. If the proposed operator does not demonstrate adequate practical ability, the Owner may refuse to deliver the Vessel for self-operation. The Charterer may then independently hire another qualified operator of the Charterer’s choice. 7. Rental Boat Safety Checklist 7.1. Before departure, the Charterer and all persons who may operate the Vessel shall receive the required safety information. 7.2. Where required, a Transport Canada-compliant Rental Boat Safety Checklist shall be completed and signed before operation of the Vessel. 7.3. The checklist shall address, as applicable: - Vessel operation; - required safety equipment; - lifejackets and personal flotation devices; - emergency procedures; - boating safety rules; - local navigation hazards; - operating restrictions. 7.4. The applicable proof of competency must remain aboard the Vessel during the Charter Period. 8. Delivery and Acceptance of the Vessel 8.1. Before delivery, the parties may inspect and photograph the Vessel. 8.2. Existing visible damage should be documented before departure. 8.3. The Owner shall provide the Vessel with required safety equipment and in a condition reasonably suitable for the agreed recreational use. 8.4. Upon delivery and acceptance, the Charterer assumes possession and operational responsibility for the Vessel during the Charter Period. 8.5. Except in an emergency or where otherwise required by law, the Owner or the Owner’s representative will not remain aboard the Vessel during a bareboat rental. 9. Maximum Capacity 9.1. The Vessel shall never carry more persons or weight than permitted by: - the Vessel manufacturer; - any applicable compliance notice; - applicable law; - the Owner’s insurance requirements; and - safe operating conditions. 9.2. The operator, independent captain and any crew members count toward the total number of persons aboard. 9.3. The Charterer must provide an accurate guest count before departure. 9.4. The Owner may refuse delivery if the planned number of persons exceeds the authorized capacity. 10. Permitted Navigation Area The standard operating area includes, subject to applicable laws, weather, water conditions and navigation restrictions: - Pointe-aux-Trembles; - Île Verte; - Coco Beach; - Îles de Boucherville; - other areas specifically approved in the booking. Travel outside the standard rental area must be discussed before departure. Any additional charge for an expanded navigation area must be disclosed and accepted through the booking platform before the trip. A requested trip toward the Old Port of Montréal may involve an additional $250 navigation and fuel charge, provided that the trip is legally permissible, safe, permitted by the Vessel’s insurance and accepted through Getmyboat. The final navigational decisions remain with the qualified operator selected by the Charterer. 11. Navigation and Safety 11.1. The person selected by the Charterer to act as operator or master has responsibility for operational navigation and safety decisions while operating the Vessel. 11.2. The Vessel must be operated in compliance with all applicable federal, provincial and local laws and regulations, including where applicable: - the Canada Shipping Act, 2001; - the Small Vessel Regulations; - the Collision Regulations; - the Vessel Operation Restriction Regulations; - the Competency of Operators of Pleasure Craft Regulations; - applicable provisions of the Criminal Code; - applicable marina and navigation rules. 11.3. The Charterer and operator must obey navigation restrictions, speed limits, buoys and marine signage. 12. Lifejackets and Safety Equipment Required safety equipment must remain aboard and accessible throughout the rental. The Charterer shall not remove, disable or misuse safety equipment. The Charterer is responsible for ensuring that all persons aboard use lifejackets or personal flotation devices whenever required by law and whenever conditions make their use appropriate. 13. Alcohol, Drugs and Impairment No person may operate or be in care or control of the Vessel while impaired by alcohol, cannabis, medication or any other substance. Illegal drugs are prohibited. Any passenger consumption of alcohol must comply with all applicable laws. The Charterer is responsible for ensuring that a sober and legally competent operator remains available at all times. 14. Weather and Water Conditions Boating naturally involves changing weather, wind, waves, currents and water conditions. Before delivery, the Owner may postpone or refuse delivery if conditions reasonably create an unacceptable safety risk. After delivery, the qualified operator selected by the Charterer is responsible for ongoing navigational decisions. No particular destination is guaranteed when weather, currents, marine traffic, restrictions or safety considerations make that destination inappropriate. 15. Charterer Late Arrival The Charter Period begins at the scheduled booking time. Late arrival by the Charterer or guests does not automatically extend the rental period. Late arrival by the Charterer does not automatically create a right to a refund, credit or price reduction. Any extension is subject to Vessel availability and subsequent reservations. 16. Owner Delay If delivery of the Vessel is delayed for reasons attributable to the Owner, the Owner will normally add the lost rental time to the end of the Charter Period where reasonably possible. If extending the rental is not reasonably possible, any applicable remedy shall be determined in accordance with the Getmyboat booking terms and applicable law. Advance notice of a delay does not by itself eliminate any legal obligation that cannot lawfully be excluded. 17. Return Time and Overtime The Charterer must return the Vessel to the agreed location by the agreed return time. Any approved overtime is subject to availability. Overtime rate: $[INSERT EXACT RATE] per hour. No overtime fee may be imposed unless the amount or method of calculation has been disclosed before the rental. 18. Personal Property and Water Exposure The Charterer acknowledges that boating involves normal exposure to: - waves; - spray; - rain; - wake from other vessels; - wet surfaces; - changing water conditions. Phones, cameras, electronics, clothing, bags, jewellery, sunglasses and all other personal property should be properly secured and protected from water. The Owner is not responsible for loss of or damage to personal property caused by ordinary boating conditions, water exposure, unsecured property, items dropped overboard or the actions of the Charterer, guests or an independently hired captain, except to the extent that liability cannot legally be excluded. 19. Items Dropped or Lost Overboard The Charterer and guests are solely responsible for securing their belongings. The Owner does not guarantee recovery of any item dropped or lost in the water. The Vessel shall not be manoeuvred in an unsafe manner solely to recover personal property. 20. Swimming Swimming is permitted only when conditions are appropriate. The engine must not be operated where doing so would endanger swimmers. Swimming while the Vessel is underway is prohibited. The operator is responsible for determining whether conditions are appropriate for swimming. 21. Anchoring Anchoring must be performed safely and in a legally permitted location. At the Îles de Boucherville or similar destinations, guests may remain aboard while the Vessel is anchored. The operator remains responsible for monitoring: - anchor holding; - changing currents; - wind; - other vessels; - water depth; - navigation hazards. 22. BBQ and Open Flames The BBQ is intended for approved shore or island use only. Unless specifically authorized for the Vessel and permitted by law, no BBQ or open-flame cooking shall take place aboard the Vessel. The Charterer must comply with: - fire bans; - park rules; - municipal regulations; - provincial regulations; - federal regulations; - instructions applicable to the location being visited. If open fires or BBQs are prohibited at the destination, the prohibition takes priority over this Agreement. 23. Smoking and Vaping Smoking or vaping aboard the Vessel is prohibited unless the Owner has expressly authorized it before departure. If smoking is authorized, the Charterer remains responsible for any resulting: - burns; - holes; - melted upholstery; - stains; - fire damage; - cleaning; - other physical damage. If the Owner intends to require an additional security deposit for a smoking-authorized rental, the amount must be disclosed and agreed upon before delivery and processed in accordance with Getmyboat policies. The Owner shall not physically prevent any person from leaving the Vessel because of a damage dispute. Damage claims will instead be documented and pursued through the applicable contractual and Getmyboat damage procedures. 24. Damage to Vessel The Charterer is responsible for damage caused by the Charterer or guests beyond ordinary wear and tear. This includes, without limitation: - burns; - holes; - broken equipment; - damaged upholstery; - stains; - broken tables or seats; - damaged electronics; - loss of equipment; - damage resulting from unauthorized use; - damage resulting from negligent operation. Reasonable repair, replacement and extraordinary cleaning costs may be claimed where permitted by law. Before and after photographs may be used to document Vessel condition. Where applicable, damage claims shall be submitted through Getmyboat’s security deposit or damage claim process. 25. Cleaning Normal cleaning is included unless otherwise stated in the booking. Additional reasonable cleaning charges may apply where extraordinary cleaning is required because of: - vomiting; - excessive garbage; - significant food or drink spills; - stains; - improper toilet use; - smoking damage; - other abnormal conditions. Any cleaning fee must comply with applicable consumer law and Getmyboat requirements. 26. Portable Toilet The Vessel contains a portable camping-style toilet. Only appropriate toilet products may be placed in the toilet. No wipes, clothing, food, garbage, sanitary products or other foreign materials may be placed in the toilet. Damage or extraordinary cleaning resulting from misuse may be charged to the Charterer. 27. Food Pre-Orders At the Charterer’s request, the Owner may assist with coordinating food orders from independent restaurants or butcher shops. Food suppliers remain independent third parties. Food orders do not form part of the operational control of the Vessel. Any charges must be handled in accordance with applicable law and Getmyboat payment rules. 28. Mechanical Problems If a mechanical problem, warning indicator or other abnormal condition occurs, the operator must: - place the Vessel in a safe condition; - stop operation where reasonably necessary; - contact the Owner; - avoid further operation that may cause additional damage. The Charterer must not authorize significant repairs without the Owner’s consent unless immediate action is reasonably necessary to protect persons or property in an emergency. 29. Collision, Grounding or Accident Any collision, grounding, injury, damage or significant incident must be reported to the Owner as soon as it is safe to do so. The Charterer and operator shall comply with all legally required reporting and assistance obligations. The Charterer shall reasonably cooperate with: - law enforcement; - Transport Canada; - insurers; - Getmyboat; - the Owner. 30. Dangerous or Illegal Conduct The Vessel may not be used for: - reckless operation; - dangerous manoeuvres; - illegal activities; - commercial transportation; - racing; - towing another vessel except in a genuine emergency where lawful and safe; - operation while impaired; - exceeding capacity; - operation by an unauthorized or unqualified person. 31. Charterer Responsibility for Guests The Charterer is responsible for informing guests of the applicable safety rules. The Charterer is responsible for damage caused by guests to the extent permitted by law. The Charterer shall ensure guests do not interfere with the operator or engage in conduct that creates a safety hazard. 32. No Sub-Chartering or Transfer The Charterer may not rent, sub-charter, lend or transfer possession of the Vessel to another person for compensation. The booking may not be commercially resold. 33. Cancellation and Refunds Cancellation, weather cancellation and refund rights are governed by: - the Getmyboat booking and cancellation policy applicable to the reservation; - this Agreement where consistent with Getmyboat rules; - applicable Québec and Canadian law. Nothing in this Agreement removes a statutory right that cannot legally be waived. 34. Insurance The Charterer shall comply with all insurance conditions communicated before the rental. If the Charterer hires an independent captain, the Charterer is responsible for ensuring that the captain satisfies any legally applicable and disclosed insurance and competency requirements. Nothing in this Agreement constitutes a representation that Getmyboat insurance or any other insurance policy covers every possible event. 35. Limitation of Liability Boating involves inherent risks including waves, wakes, wet surfaces, changing weather, currents, marine traffic and accidental contact with water. To the extent permitted by law, the Owner shall not be responsible for losses resulting solely from: - normal boating conditions; - actions of the Charterer; - actions of guests; - actions of an independently selected captain; - failure to secure personal belongings; - ordinary water exposure; - violation of this Agreement. Nothing in this Agreement excludes or limits liability where such exclusion or limitation is prohibited by applicable Québec or Canadian law. 36. Indemnification To the extent permitted by law, the Charterer agrees to indemnify the Owner against third-party claims, losses or damages resulting from: - the Charterer’s unlawful conduct; - operation by an unauthorized person; - the Charterer’s negligence; - the conduct of the Charterer’s guests; - breach of this Agreement. This provision does not require the Charterer to indemnify the Owner for liability that applicable law does not permit the Owner to exclude or transfer. 37. Getmyboat The parties acknowledge that the Vessel was booked through Getmyboat. Nothing in this Agreement authorizes either party to circumvent Getmyboat. All payments between the Charterer and Owner relating to the Getmyboat booking shall be processed as required by Getmyboat’s current Terms of Use. Any separate independent captain arrangement must remain legally and operationally distinct from the Owner’s Vessel rental and must comply with Getmyboat’s applicable policies. 38. Governing Law This Agreement shall be interpreted in accordance with: - applicable federal Canadian maritime law; - the laws of Québec; - any mandatory consumer protection legislation. Federal maritime legislation and regulations prevail where applicable to marine navigation and vessel operation. 39. Severability If any provision of this Agreement is determined to be unlawful or unenforceable, that provision shall be limited or removed only to the extent required by law. The remainder of the Agreement shall continue to apply. 40. Entire Agreement This Agreement, together with the applicable Getmyboat booking terms and any written booking-specific conditions accepted by both parties, constitutes the agreement relating to the Vessel rental. No verbal statement modifies this Agreement unless subsequently confirmed in writing by both parties. 41. Charterer Acknowledgement By accepting the booking and signing this Agreement, the Charterer confirms that: - the booking is for the Vessel only; - no captain is included in the Vessel rental price; - the Charterer controls the selection of any captain; - the Charterer may select any qualified independent captain; - the Charterer understands the competency requirements; - the Charterer has disclosed all intended operators; - the Charterer has reviewed the safety rules; - the Charterer accepts responsibility for guests as provided in this Agreement; - the Charterer agrees to comply with applicable Canadian boating laws.