BRYAN EXOTICS YACHT CHARTER AGREEMENT


Insurance: The yacht is insured against fire, marine and collision risks, during the term of this charter. Said policies of insurance are to be held by the yacht owners. The Charterer is hereby relieved and discharged from any and all liability for such loss and damage. Contractor shall not be held responsible for any injury suffered by the Charterer, or any member of his party, either the said party's person or property, regardless of whether any such injury may occur on board Yacht or elsewhere. More specifically, but without limiting the foregoing, Contractor and his insurance underwriters accept no responsibility for accidents, injuries or death due to swimming or use of snorkels, SCUBA gear, water-skis, windsurfers, or similar water equipment and regardless of person at fault. Charterer agrees to indemnify and hold Owner, its agents and employees harmless against all claims of causes of any kind involved with the use and charter of the Yacht.

Security Deposit/Expenses/Fuel: A deposit of: (i) $1,000 for 60' -105' yacht (ii) $500 for 60' and under is held for incidentals, this deposit is taken on the day of on your credit card. The security deposit shall be returned if no loss, damage or adjustments are required. If significant cleaning of the Yacht is required following this charter, the Charterer will be deducted any amount from the security deposit. The credit card used for payment must be present on the day of otherwise an alternate form of payment is required, there will not be cancelation nor refund due to not having credit card present or a credit card for deposit. Delivery: Contractor Corp. agrees to deliver the yacht at the port in proper working order, outfitted as a yacht of her size, type and accommodations, with full equipment, inclusive of that required by law. Should yacht not be available due to any circumstance mechanical or other, Owner will offer a similar replacement if available, if declined Charterer may chose to reschedule when Yacht is available or retain full amount of charter as credit for future date. No refunds will be given due to mechanical breakdowns out of Owner's control.

Default/Cancellation: This agreement is neither cancelable nor refundable. Should weather not permit safe charter conditions a rain check (credit for full amount of charter) will be issued for up to 1 year. Owner may cancel the charter at anytime during or prior to the scheduled sailing day without refund if the Charterer demonstrates a lack of skill, judgement or misrepresentation of ability in the management of the Yacht.

Restricted Use: Watersports that require any sort of pulling from the Yacht are not allowed. Charterer agrees to hire a qualified authorized Master (Captain), Operate the Yacht using good seamanship and within the applicable laws,• Operate the Yacht within US Waters only, Not to Tie up to other Boats without Owner's permission,• Not to smoke on board, Not to bring pets, Not to allow more than 12 people on board, No cooking is allowed on day charters.. Redelivery: Charterer agrees to return the Yacht at the port by the specified time and date and with all equipment in the same condition and repair as received. Charterer shall pay pro-rated demurrage and compensation for any revenues lost if the Yacht is not returned on time.

Incident reports: Charterer will report in person or in writing any incident and or damages related to the operation of the Yacht during the charter to Owner. This includes but is not limited to: injury to any person on the Yacht or as a result of the operation of the Yacht, loss, breakage or failure of rigging, gear, or items in the inventory, grounding, striking or making unintentional contact with another vessel, intervention by a governing body, and any incident which may render the Yacht in a lesser condition of operation than when boarded by the Charterer.

Drug Restriction:
The Charterer and party agrees to prohibit the use or possession of any illegal drugs on board the charter vessel and will be totally responsible for any loss or damage to the boat due to any violation of Customs or applicable Drug Acts. Penalty for discovery of illegal drugs and controlled substances other than by prescription on board a vessel is confiscation and forfeiture of the vessel immediately even if the presence of such substances is unknown to the crew. Therefore, if such substances are used by or found to be in possession of guests, they will be put ashore at the next port of call without refund of charter fees.

 


WHEREAS, the Customer has agreed to charter the Yacht under a separate Bareboat Agreement wherein it is the Customer’s obligation to staff the said Yacht with a competent master and crew;

WHEREAS the Customer desires to retain the CONTRACTOR to man and provision the Yacht, and the CONTRACTOR is willing to provide such services, subject to the terms and conditions contained herein;

NOW THEREFORE, in consideration of the premises, the mutual covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Crew. Each crew member shall hold any and all required licenses / certificates and shall be properly uniformed.
2. Crew Services. The Customer shall be responsible for the crew while on charter and shall determine the route. The CONTRACTOR shall perform his services under this Agreement as an independent contractor and shall be solely responsible for all employer and/or withholding taxes on crew wages assessed by any authority.

The Master shall act at the Customer’s direction, provided, however, that the master shall not have to carry out any order that jeopardizes the safety of the Yacht or those on board. The Customer shall be responsible for any issues that arise such as any tickets or fees for improper use of the vessel or any broken laws during the entirety of the charter.

Children in the charter party shall be supervised by an adult member of the charter party at all times.

The MASTER and CONTRACTOR shall insure that no member of the crew or passengers shall use or possess: i.) any illegal drugs, including marijuana ii.) any firearms or weapons The CONTRACTOR shall immediately terminate any crew member(s) in violation of this Clause and also terminate charter agreement if Customer is in violation.

Advance Provisioning Allowance (APA). Having paid the APA, the Customer shall be advised by the master, at intervals, as to thedisbursement of the APA and shall, if the balance remaining becomes insufficient in light of the current expenditure, pay in cleared funds either directly to the master, or to the Broker of Record, a sufficient sum to maintain an adequate credit balance. The Customer agrees that the purpose of the APA is to cover any expenses not covered by the Customer directly and any incidentals.

The CONTRACTOR shall ensure the master will exercise due diligence in the expenditure of the APA. At the end of the charter, the master shall present a detailed written accounting to the Customer of sums received and disbursed and shall refund to the Customer in cleared funds, or to the Broker of Record for onward forwarding to the Customer, any amount paid by him in excess of amounts expended.

Use. The Customer shall restrict the cruising of the Yacht to the cruising area designated on Page 1 of this Agreement and toregions within the cruising area in which the Yacht is legally permitted to cruise. The Yacht shall not navigate beyond the limits set forth in the Yacht’s insurance policy. The master shall be responsible for compliance and the Customer shall abide by the master’s decision in this regard. Any fees, tickets, or issues that arise are the sole responsibility of the Customer.

Confidentiality. The parties shall keep the terms and conditions of this Agreement in strict confidence and therefore shall discloseno information concerning this Agreement to any third party, except as required by law.

Arbitration. Any controversy or claim arising out of or relating to this Agreement, or with the breach thereof, shall be settled byarbitration in accordance with the rules of the American Arbitration Association, such arbitration to be held in Miami, Florida, unless another place is mutually agreed upon. Judgment upon any award reached by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Entire Agreement. This Agreement constitutes the entire agreement among the parties, and it supersedes any prior agreement orunderstanding among them, oral or written, all of which are hereby cancelled. This Agreement may not be modified or amended other than by a written document signed by both parties.

Amendments. Except as otherwise provided herein, the provisions hereof may be amended, supplemented, waived or changed,only by a writing that makes specific reference to this Agreement and is signed by the party as to whom enforcement of any amendment, supplement, waiver or modification agreement is sought.

Attorneys Fees. In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover all of itscosts incurred in such action, including reasonable attorneys fees.

Binding effect. All of the terms and provisions of this Agreement, whether expressed or not shall be binding upon, inure to the benefit of, and be enforceable by the parties and their representatives, heirs, and permitted assigns. Any rights given or duties imposed upon the estate of a deceased party shall inure to the benefit of and be binding upon the fiduciary of such decedent’s estate in his fiduciary capacity.

The CONTRACTOR and the Customer expressly agree to the terms of this Agreement. By:

//
We require valid proof of identification