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
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: