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Bareboat Charter Rental Agreement GMB Template

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Andy Yong
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0% found this document useful (0 votes)
61 views5 pages

Bareboat Charter Rental Agreement GMB Template

Uploaded by

Andy Yong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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This template is provided to GetMyBoat owners and operators as a courtesy resource.

It should be
considered only as a guide/template. The location, circumstances, and terms of your rental arrangement
are established directly between owners and renters. Please consult with a qualified attorney to ensure
suitability prior to use.

GetMyBoat, INC is not a law firm and does not provide legal advice. The provision of this courtesy
template is not legal advice. Only a qualified attorney can provide you legal advice. An attorney should
be consulted for all legal matters. No Attorney-Client relationship is created by use of these materials.

THESE MATERIALS ARE PROVIDED “AS-IS.” GETMYBOAT, INC DOES NOT GIVE ANY EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR
PARTICULAR NEEDS. THE MATERIALS ARE USED AT YOUR OWN RISK. IN NO EVENT WILL: I) GETMYBOAT, INC, ITS
AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE
RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
WAY OUT OF THE USE OF THESE MATERIALS.

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BAREBOAT CHARTER/RENTAL AGREEMENT TEMPLATE (OUPV)

BAREBOAT CHARTER AGREEMENT MADE this ________ day ___________ month ______ year by and between
(BOAT OWNER)________________________________, hereinafter referred to as OWNER, and (BOAT RENTER)
________________________________ of ______________________________________________ address
hereinafter referred to as the CHARTERER, WITNESSETH: WHEREAS, OWNER is the owner or broker for the owner
of that certain yacht described as follows: _________________________ which is hereinafter described as the
Yacht, and which includes all equipment, fixtures and other property delivered to CHARTERER with said Yacht:
AND WHEREAS, CHARTERER wishes to charter said Yacht for him or herself and no more than 12 guests 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 yacht upon the terms and conditions set forth below:

1. TERM: The term of the charter shall commence on:_______________________________________________

2. RENTAL: The total rent to be paid by the CHARTERER to the OWNER is_____________ $US Dollars. The full
amount of which shall be paid no later than 30 days prior to delivery or via GetMyBoat who will secure the rent
prior to the trip. A security and damage deposit of $1000.00 (can be variable) shall be secured by the
OWNER from the CHARTERER prior to delivery, which shall be applied to late return charges, 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 yacht in full commission and in proper working
order, outfitted as a yacht of her size, type and accommodations, with full equipment, inclusive of that required
by law. Nevertheless, should it be impossible for the OWNER to make delivery as stipulated through causes
beyond his control and should such delivery be not made within two (2) days thereafter, then this Agreement
may be canceled by the CHARTERER and any charter money paid in advance shall be returned to him, which
shall be CHARTERER'S sole remedy. The CHARTERER agrees to redeliver the yacht, her equipment and
furnishings, free and clear of any indebtedness incurred for the CHARTERERS 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 yacht is not redelivered in a clean condition, CHARTERER will be charged $250.00 for cleaning,
which will be deducted from security and damage deposit. The CHARTERER is responsible for allowing sufficient
time for redelivery, but should it be impossible for the CHARTERER to make redelivery of the yacht as stipulated,
he shall immediately notify OWNER, in the event of total loss to such yacht, rights and obligations of the parties
shall be determined by other provisions of this Agreement.

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4. NAVIGATION LIMITS: The OWNER does not guarantee any destinations. The navigational limits of the Yacht is
determined by the Yachts insurance policy, thus the CHARTERER agrees to restrict the cruising of the Yacht to
coastal and inland waters. The CHARTERER should not navigate any unfamiliar, or specific areas provisioned by
the OWNER or by weather advisories at any time. If for any reason the CHARTERER shall operate or take the Yacht
outside the navigational limits herein, without notice to the OWNER in writing and without proper insurance the
CHARTERER shall be liable and responsible for all loss and damage to the yacht 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 Yacht 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 Yacht 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. In addition, a Damage Waiver (DW) policy will be in effect when CHARTERER pays the premium in full. The
DW covers any loss or damage to the chartered vessel and its equipment over and above the refundable
Security Deposit. The DW does not insure against any third party claims, liability, or personal effects of the
CHARTERER. 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 nor the DW. Dinghy and outboard are not covered by the boats insurance nor the DW. If the
CHARTERER takes an outboard and / or dinghy, CHARTERER agrees to be responsible for full replacement cost.

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 Yacht 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
Yacht, and so as to prevent the use of the Yacht 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 Yacht shall be disabled or unfit for use. 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 Yacht, deemed suitable by the OWNER, available to the charter as a replacement within the 48 hour
period.

7. REPLACEMENTS: The CHARTERER agrees to be responsible for and to replace or make good any injury to the
Yacht, 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 Yacht. The CHARTERER agrees to indemnify the
OWNER for any charges or losses in connection therewith, including reasonable attorney's fees. Further,
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CHARTERER is responsible for all consequences of any unauthorized repairs.

9. RUNNING EXPENSES: The CHARTERER agrees to accept the Yacht 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. SWIMMING: The OWNER and the insurance underwriters of the Yacht 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 Yacht.

12. RESTRICTED USE: The CHARTERER agrees that the Yacht 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 Yacht
shall not be used to transport merchandise or carry passengers for pay or to engage in any trade whatsoever.
Nor shall the yacht be used in any way which violates the laws of the United States or of any other jurisdiction in
which the yacht 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 SUB-CHARTER: The CHARTERER agrees not to assign this Agreement or sub-charter the
Yacht 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. CANCELLATIONS: If CHARTERER cancels more than thirty days prior to his/her date of departure, The OWNER
will refund all monies received less $350.00 administrative fee. Cancellation less than thirty days before the date
of departure will result in the forfeiture of all monies received. VARIABLE

17. CHARTERER'S AUTHORITY OVER CREW: It is agreed that full authority regarding the operation and
management of the Yacht 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
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the operation and management of the Yacht, 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 Yacht, 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 Yacht in good repair and will surrender the Yacht 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 Yacht 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
during the period of the charter or at any time when the vessel is in the custody and under the control of the
CHARTERER.

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
Yacht 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 Yacht 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 Yacht immediately and shall have no recourse for any fees which have already
been paid to the OWNER.

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

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