BAREBOAT/DEMISE CHARTER AGREEMENT

MADE EFFECTIVE for the date and time of your booking by and between BOAT OWNER, and you the charterer hereinafter referred to as the CHARTERER, WITNESSETH: WHEREAS, OWNER is the owner or agent for the owner of that certain Vessel you are booking which is hereinafter described as the Vessel, and which includes all equipment, fixtures and other property delivered to CHARTERER with said Vessel: AND WHEREAS, CHARTERER wishes to charter said Vessel for him or herself and no more than 12 guests (unless lesser amount is specified at the time of booking) from the OWNER: NOW THEREFORE, in consideration of the foregoing, the mutual covenants contained herein, and the sums paid and to be paid in accordance herewith, the OWNER agrees to let and the CHARTERER agrees to hire the Vessel upon the terms and conditions set forth below:

1. TERM: The term of the charter shall commence at the time you selected for your booking and end at the time you selected.

2. RENTAL: The total rent to be paid by the CHARTERER to the OWNER is in US Dollars. The full amount of which shall be paid no later than 72 hours prior to delivery, excluding holidays which are to be paid 14 days prior.

A preauthorization of $500 for fuel and incidentals shall be held by the Boat Life Tampa Charters to the OWNER prior to delivery, any damage within the insurance deductible amount for which the CHARTERER shall be responsible, the repair of any damages or loss of equipment and such other charges for consumable items as may have been used and not paid for or replaced during the term of the charter.

3. DELIVERY AND REDELIVERY: The OWNER agrees to deliver the Vessel in full commission and in proper working order, outfitted as a Vessel of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and dining utensils and blankets, staunch, clean and in good condition throughout and ready for service. The CHARTERER agrees to redeliver the Vessel, her equipment, and furnishings, free and clear of any indebtedness incurred for the CHARTERER'S account, at the expiration of this charter, to the OWNER, at his dock in as clean a state as when delivery was taken, ordinary wear and tear excepted. If the Vessel is not redelivered in a clean condition, CHARTERER will be charged $250.00 for cleaning, which will be charged within 5 business days. The CHARTERER is responsible for allowing sufficient time for redelivery, but should it be impossible for the CHARTERER to make redelivery of the Vessel as stipulated, she shall immediately notify OWNER, and he shall pay such demurrage pro rata to the OWNER for the time that such redelivery is delayed, and in addition thereto shall pay all costs of such redelivery, if any, except in the event of total loss to such Vessel, in which event the rights and obligations of the parties shall be determined by other provisions of this Agreement.

4. NAVIGATION LIMITS: The OWNER does not guarantee any destinations. The navigational limits of the Vessel is determined by the Vessel’s insurance policy, thus the CHARTERER agrees to restrict the cruising of the Vessel to the coastal and inland waters of the State of Florida

CHARTERER shall be liable and responsible for all loss and damage to the Vessel and the CHARTERER'S party, and all sums paid under this Agreement, including the security and damage deposit, shall be forfeited as damages.

5. INSURANCE: The OWNER agrees to keep the Vessel insured against Fire, Marine and Collision risks, and with Protection and Indemnity coverage, for the term of this charter, the policy to be held by him as full protection for any and all loss or damage that may occur to, or by, the Vessel during charter period, and the liability for loss or damage shall be limited to not more than the amount of the deductible feature of the OWNER'S policy for covered events, and in case of any accident or disaster the CHARTERER shall give the OWNER prompt notice of same. Third party claims and liability are covered under the vessels insurance but CHARTERER is responsible for the amount of the deductible feature. Personal effects of the CHARTERER are not covered by the boats insurance.

Optional damage waiver is available refer to damage waiver policy for details.  Said damage waiver does not cover fuel expense or relinquish $500 preauthorization to cover fuel and incidentals. 

Additional insurance is available though our partner Buoy as well.  If optional insurance and/or damage waiver are declined the CHARTERER is solely responsible for damages and will be made liable under applicable law and responsible for both OWNERS and Boat Life Tampa Charters attorney fees upon collection if necessary. 

6. ACCIDENTS: CHARTERER bears the risk of any loss of use resulting from his act, default, negligence and/or poor judgment. The OWNER agrees that should the Vessel after delivery sustain breakdown of machinery and be disabled or severely damaged due to a major system breakdown essential for the running and navigation of the Vessel, and so as to prevent the use of the Vessel by the CHARTERER for a period of not less than forty-eight (48) consecutive hours at any time, the same not being brought about by any act, default, negligence, and/or poor judgment of the CHARTERER, the OWNER shall make pro-rata return of the rent to the CHARTERER for such period in excess of the said forty-eight (48) hours that the Vessel shall be disabled or unfit for use. The OWNER, and only the OWNER, shall determine if there is cause, act, default, negligence, and/or poor judgment by the CHARTERER. The OWNER, and only the OWNER, shall determine if the breakdown is that of a major system essential for the running and navigation of the Vessel, and so as to prevent the use of the Vessel by the CHARTERER. In the event of natural calamity or any act of God which disables the vessel or makes it unfit for use, the same not being brought about by any act, default, negligence, and/or poor judgment by the CHARTERER, the OWNER shall make another Vessel, deemed suitable by the OWNER, available to the charter as a replacement within the 48 hour period. The OWNER, and only the OWNER, shall determine if there is cause, act, default, negligence, and/or poor judgment by the CHARTERER. In the event that the CHARTERER refuses the replacement Vessel for whatever reason then the CHARTERER will be considered in default of the Contract and there will be no pro-rata return of funds to the CHARTERER. In the event that the OWNER is unable to make another Vessel, deemed suitable by the OWNER, available to the charter as a replacement within the 48 hour period then the OWNER shall make pro-rata return of the rent to the CHARTERER for such period in excess of the said forty-eight (48) hours for which the Vessel shall be disabled or unfit for use.

7. REPLACEMENTS: The CHARTERER agrees to be responsible for and to replace or make good any injury to the Vessel, her equipment or furnishings, caused personally by himself, or any of his party, and agrees to be responsible for any loss or damage to hull, machinery, equipment, tackle, furniture, or the like. CHARTERER acknowledges that damage caused by engine overheating is not covered by insurance and that all repair costs incurred from overheating shall be the full responsibility of the CHARTERER.

8. LIENS AND REPAIRS: Neither the CHARTERER nor anyone acting upon his behalf has the right or power to permit or suffer the creation of any maritime liens against the Vessel. The CHARTERER agrees to indemnify the OWNER for any charges or losses in connection therewith, including reasonable attorney's fees. Further, CHARTERER is responsible for all consequences of any unauthorized repairs.

9. RUNNING EXPENSES: The CHARTERER agrees to accept the Vessel delivered as herein above provided and to pay all running expenses during the term of the charter, fuel, water, dockage, pilotage, port charges, provisions, supplies, and other consumable stores for himself and his party.

10. INDEMNIFICATION: The CHARTERER agrees to indemnify and save the OWNER harmless from any and all liabilities for loss or damage to third persons and their property occasioned by the negligence or default of the CHARTERER, except to the extent that any such liability is covered by the OWNER'S insurance.

11. SKIN DIVING AND SWIMMING: The OWNER and the insurance underwriters of the Vessel accept no responsibility or liability for accidents, injuries or death due to swimming or the use of snorkels, masks or allied equipment such as self-contained underwater breathing apparatus (SCUBA) equipment, whether or not it is provided by the OWNER or CHARTERER. No warranty of any type is made by OWNER regarding any such equipment which may be provided with the Vessel.

12. RESTRICTED USE: The CHARTERER agrees that the Vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, guests and servants, during the term of this charter. The Vessel shall not be used to transport merchandise or carry passengers for pay or to engage in any trade whatsoever. Nor shall the Vessel be used in any way which violates the laws of the United States or of any other jurisdiction in which the Vessel may be at any time.

13. SMUGGLING: Federal and state laws prohibit the use of any vessel for the transport or possession of any drugs or any other controlled substance the possession of which is restricted or forbidden by law. In addition to possible criminal and civil penalties against the violators, the law allows for the forfeiture of any vessel which is used in the transport or possession of such substances.

14. ASSIGNMENT AND SUBCHARTER: The CHARTERER agrees not to assign this Agreement or sub-charter the Vessel without the consent of the OWNER in writing. Any attempt to assign or sublet this charter shall be void without the written consent of OWNER; however, the OWNER may give such consent after the fact in order to bind the assignee or sub-charterer. No assignment or sub-charter shall release CHARTERER from the obligations imposed by this Agreement, unless the OWNER gives a specific release in writing.

15. BROKERAGE FEES: The OWNER and the CHARTERER agree to recognize Boat Life Tampa  Chartersas sole broker in connection with this Agreement. It is further agreed by the OWNER and CHARTERER that once this Agreement has been signed by both parties and the charter fee has been paid in full, the said broker shall have no further connection, obligations, or responsibility in connection herewith in to either party.

16. CANCELATIONS: Please refer our cancellation policy 

17. CHARTERER'S AUTHORITY OVER CREW: It is agreed that full authority regarding the operation and management of the Vessel is hereby transferred to the CHARTERER for the term hereof. In the event, however, that the CHARTERER wishes to utilize the services of a Captain and/or other crew members in connection with the operation and management of the Vessel, said Captain and/or other crew members are to be furnished by the CHARTERER, it is agreed that said Captain and/or crew members are agents and employees of the CHARTERER and not the OWNER. The Captain shall in no way be the agent of the OWNER, and Captain shall handle clearance and the normal running of the Vessel, subject to the limitations of this charter Agreement. The Captain should receive orders from the CHARTERER as to ports to be called at and general course of the voyage, but the Captain should be responsible for the safe navigation of the Vessel and the CHARTERER should abide by his judgment as to sailing, weather, anchorages, and pertinent matters.

18. BAREBOAT CHARTER: This charter shall be at all times construed as a bareboat charter and / or a demise charter, and pursuant thereto CHARTERER should keep the Vessel in good repair and will surrender the Vessel at the termination of the charter free and clear of all indebtedness, liens or other charges of any type whatsoever. It is the intention of the OWNER to completely and exclusively relinquish possession, command, control, management, and navigation of the Vessel herein described to the CHARTERER. CHARTERER assumes all responsibility for any injury, death, property damage, any Acts of God or other claim of any nature that may arise

19. COMPETENCY: CHARTERER certifies that he is experienced and competent in the handling and operation of inboard auxiliary powered sailing craft and/or inboard powered motor craft of the general type and size as the Vessel herein chartered, that he can make minor mechanical/electrical repairs, and that he also has a sufficient practical knowledge of seamanship, piloting and Rules of the Road. CHARTERER agrees that he shall not transfer responsibility for the operation of the hereinbefore described Vessel to any person not equally qualified. OWNER reserves the right to verify CHARTERER'S competency at time of charter by subjecting CHARTERER to whatever tests are deemed appropriate by OWNER under the circumstances. Should CHARTERER be judged insufficiently competent by OWNER, OWNER shall have the right to require CHARTERER, AT CHARTERER'S expense, to hire personnel to assist CHARTERER in achieving competency. Should such personnel be unavailable, or CHARTERER refuses to hire such personnel, then it is considered that the CHARTERER is in default of this Agreement and CHARTERER shall surrender the Vessel immediately and shall have no recourse for any fees which have already been paid to the OWNER. Should OWNER'S employees be required to spend more than one man-hour training CHARTERER in the use of the Vessel and its equipment and charts, then a fee of $100 per man-hour shall be charged to CHARTERER, which shall be deducted from the security and damage deposit.

20. RADIO - TELEPHONE: It is agreed between the OWNER and CHARTERER that the radio - telephone on the Vessel will be used only by adult persons in accordance with Federal Communication Commission regulations.

21. CONSTRUCTION: The Agreement was made in the County of Hillsborough in the State of Florida. It shall be interpreted and enforced in accordance with the laws of said state, with venue lying in said county. This Agreement shall be binding upon, and inure to the benefit of, the heirs, successors and assigns of the parties. In the event of litigation to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs thereof, including reasonable attorney's fees for trial and appellate representation. This Agreement contains the entire agreement between the parties regarding the transactions contemplated hereby and described herein and it supersedes, cancels and extinguishes all previous agreements, memoranda and understandings heretofore existing between the parties regarding such transactions. This Agreement may be amended only by written document signed by both parties. IN WITNESS WHEREOF, the parties have placed their hands and seals that the booking time selected is accurate and shall be the duration of the agreement. 

By proceeding with the booking you agree to the terms set forth in this agreement under applicable law. By proceeding with the booking you have entered into a contractual agreement with the OWNER and Boat Life Tampa Charters

A copy of this agreement will be emailed to you in your booking confirmation.  Please make sure you have the booking confirmation email available for your booking to stay in compliance with state and federal law.