This Prestige 7886 Yachts charter agreement (This “Agreement”) is made by and between Prestige 7886 Yachts LLC, a Florida Limited Liability Company (“Manager” or “we”), and the Charter Client listed on the preceding page (“Charterer” or “you”) for the boat 550 Everblue.
1. PASSENGERS. The term “Passenger” means the Charterer and all guests travelling on the vessel. “Vessel” means the vessel used to fulfill the terms of this Agreement.
2. DEPOSITS AND PAYMENT DEADLINE. Reservations require 25%-50% deposit with the balance due 20 days before your arrival. Charters booked with less than 5 days remaining require payment in full. A security deposit (Damage Deposit) is required prior to departure. If you run aground or hit anything, the Vessel may be hauled out at your expense. Nonrefundable Hazard Fee option can lower security deposit liability.
3. CHECK-IN AND CHECK-OUT. Check-in time is 4:00 p.m. on arrival day. Check-out time is 8:00 p.m. on departure day. Vessel should be returned to the designated dock by 08:00 p.m. the day prior to check-out. Late returns result in an additional night charged. Check-out requires an inspection and refilling fuel/water tanks (allow up to 2 hours), and completing Exhibit A.
4. PRESTIGE 7886 YACHTS CHARTER. This is a bareboat charter agreement (no captain provided). You are solely responsible for operation, sailing, provisioning, mooring, anchoring, fueling, and navigating. Manager may require a seamanship demonstration or cancel/require a captain if skills are inadequate.
5. CHARTERER RESTRICTIONS. Operation limited to south Florida waters. Do not move or navigate between sunset and sunrise. Do not "raft" or tie off to other vessels. No sub-chartering without written consent (results in immediate termination and forfeiture of deposit).
6. CHARTER ACTIVITIES. Zero tolerance for illegal drugs (immediate termination, forfeit of monies, put ashore). Alcohol consumption is at crew's absolute discretion; minors prohibited from serving/drinking. Smoking permitted on aft deck transom ONLY.
7. ITINERARY. Sailing duration is up to 4 hours from departure to arrival unless extended with express permission and availability.
8. SERVICES, MEALS AND EXPENSES. Charterer is solely responsible for meals, water, beverages, fuel, dockage, and mooring fees. Unrefilled water/fuel tanks incur cost plus $50 service fee. Unclean return incurs a $150 cleaning fee deducted from Security Deposit.
9. CANCELLATIONS AND REFUNDS. Full refund less $350 cancellation fee and credit card fees *only if* another charter is booked for the same day. Otherwise, amounts paid are forfeited.
10. MECHANICAL FAILURE. Credit for another charter shall constitute your sole remedy and our sole liability for any mechanical failure.
11. HURRICANES. Hurricane watch or warning within a week of arrival allows rescheduling or full refund (less credit card fees). No refunds for general bad weather.
12. PERSONAL BELONGINGS. You and your Passengers are solely responsible for safety and security of personal belongings.
13. REPRESENTATIONS AND WARRANTIES. Charterer warrants legal capacity, physical health and briefing of passengers regarding remote locations, requisite navigational/seamanship skills, and monitoring VHF channel 68 weather reports (contact Cruse Abaco if winds exceed 25 knots).
14. AUTHORITY TO BIND PASSENGERS. Charterer warrants authority to bind all passengers to these terms.
15. INDEMNIFICATION. Charterer agrees to indemnify, defend, and hold harmless Manager and Manager Parties from all losses, damages, claims, and legal costs.
16. AMENDMENT. Modifications must be in writing and signed by all parties.
17. BINDING EFFECT. Binding upon heirs, executors, administrators, successors, and permitted assigns.
18. ENTIRE AGREEMENT. Supersedes all prior oral or written statements and understandings.
19. NO WAIVER. Delays or failure in exercising rights do not constitute waivers.
20. RECORDING. Recording this agreement or memorandum is void and causes default.
21. COUNTERPARTS. May be executed in one or more counterparts.
22. CAPTIONS. Headings are for convenience only.
23. GOVERNING LAW. Governed by general maritime laws of the U.S. and Florida state law.
24. SEVERABILITY. Invalid paragraphs shall be severed without affecting valid portions.
25. JURISDICTION AND VENUE. Disputes litigated exclusively before U.S. District Court for the Middle District of Florida in Orlando, or Brevard County, Florida.
26. UNDERSTANDING OF RISKS. Acknowledges inherent boating and water sports risks including collision, grounding, fire, storms, marine life, and drowning.
27. RELEASE OF LIABILITY. Releases Manager and Released Parties from all claims and liabilities (capped at $5,000 if unenforceable).
28. MARITIME LIENS. No right or authority to create or impose maritime liens against the Vessel.
29. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. Terms are strictly between parties to this agreement.
30. WAIVER OF JURY TRIAL. Irrevocably waives right to a trial by jury.
31. NOTICES. Notices addressed to Manager at 12850 West State Rd 84 Lot #911 Davie FL, 33325.
32. COMPLIANCE. Failure to comply allows Manager to forthwith repossess the Vessel and retain the entire charter fee.
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