CHARTER AGREEMENT


This Charter Agreement entered on this date, , between Dawn M Anastasi hereinafter referred to as the Owner and {{billing_first_name}} {{billing_last_name}}  or their assignees hereinafter referred to as the Charterer.

WITNESSETH:

Whereas the Owner is the registered Owner of the following vessels described as:

Florida Location: New Jersey Location:

Vessel Name: MAI TAI TOO Vessel Name: MAI TAI

Class 1 Powerboat Class 1 Powerboat

Horsepower: 2X40 Horsepower: 2X40

Capacity: 12 Capacity : 12

Design Speed: 5 knots Design Speed: 5 knots

Proposed Route: STUMP PASS STATE PARK Proposed Route: ISLAND BEACH STATE PARK

Period of Hire: 3 Hours Period of Hire: 2 Hours

Vessel Limitations:

Persons on board are limited by the tonnage of this vessel. No more than 12 passengers may be guests onboard while underway or moored, excluding the Charterer, the Master, and crew members. And Whereas the Charterer wishes to charter said vessel:

NOW, THEREFORE, in consideration of the premises and covenants herein contained, the parties hereto mutually agree as follows:

The Charter shall be for a total period of 3 hours in Florida and 2 hours in New Jersey

The vessel shall be delivered to the Charterer in the same condition as when inspected and accepted by Charterer. Owner reserves the right to have the vessel surveyed as to equipment and condition and Charterer reserves the right to have the vessel surveyed upon termination and redelivery to Owner at the conclusion of the said charter. Said Florida vessel shall be delivered to Charterer at ROYAL PALM MARINA, ENGLEWOOD, FL, and redelivered to Owner at ROYAL PALM MARINA, ENGLEWOOD, FL, in the same condition as when chartered excepting ordinary wear and tear. Said New Jersey vessel shall be delivered to Charterer at VAN’S MARINA, BARNEGAT LIGHT, NJ and redelivered to owner at VAN’S MARINA, BARNEGAT LIGHT, NJ in the same condition as when chartered excepting ordinary wear and tear. The Charterer agrees to pay for any repairs or replacement of damaged or lost equipment.

 

The compensation of said charter shall be as follows:

CHARTER RATE: The charter rate shall be $350 for Florida vessel and $350 for New Jersey vessel, quoted in the lawful currency of the United States of America. Payment shall be in cash or credit card.

This is a TOM’S TIKI BOAT CHARTER and Charterer reserves to operate said vessel lawfully and in a safe and seaworthy manner. Charterer shall conform to all laws and regulations.

Charterer agrees to indemnify, protect, defend and hold harmless the Owner, the vessel, its registered owner, its master and crew, and their respective underwriters from and against the results of any breach by chartered of the obligations or any other obligations imposed by law upon the Charterer. Charterer shall maintain the vessel in good repair and maintain all classification, certificates or certificates of inspection in full force and effect during the entire course of the charter.

1.a) During the course of the charter, Charterer has the option to maintain in full force and effect insurance in the amount of $1,000,000 USD naming the Owner as loss payee protecting the vessel for loss or damage for hull and machinery. In addition, Charterer has the option to maintain a policy or policies of insurance providing for pollution, liability, crew and employee injury. Each policy shall name the Owner as an additional insured. The Charterer shall provide and pay for the master and crew of the vessel. The Charterer shall select and direct said master and crew. Captain recommendations are provided and Charterer is free to choose from Owners recommended captains or another Captain who is qualified and meets Owners minimum requirements. The duties of the crew shall be directed and controlled solely by the Charterer. The master of the vessel shall serve at the discretion of the Charterer. The Charterer shall review and evaluate each licensed officer as to his ability and skill in the position employed and assure the Owner as to the qualifications of the chief engineering staff. Owner requires adequate level of ability and experience of chosen captain who must have a minimum of a 25-Ton Master Credential

Neither the Owner, its officers, directors, employees, the vessel, her owner, operators, nor the underwriters of any of the foregoing shall have any responsibility or liability for any claim involving damage to or loss of any cargo or equipment carried by vessel, or for any injury, illness, disease or death of employees of Charterer, its subcontractors, or their employees or agents; and Charterer shall defend indemnify and hold harmless Owner, its officers, directors, employees, the vessel, its owner, operators, master and crew, and the underwriters of each of

the foregoing from and against any such claim, whether groundless or not, and whether caused

in whole or in part by the negligence or faults of indemnities or by the unseaworthiness of the vessel or equipment of Owner, Owner’s property, and Owner’s sub-contractors’ property. Neither Owner nor Charterer shall be responsible hereunder for prospective profits or for special, indirect, or consequential damages.

Neither the Owner nor the Charterer shall not create, incur, or permit any liens to be imposed upon any vessel chartered under this Agreement. A Charterer may not assign this Agreement without notice to the Owner and without his/her written agreement.

The Charterer shall keep the Owner advised of the usual berth for the vessel or on a voyage of the itinerary of the vessel. Failure to keep the Owner informed of the location of the vessel shall be considered to be a breach of Charterer’s Agreement.

Notices to the Owner shall be sent via email. Notices to the Charterer shall be sent via email. Notices sent shall be deemed received three (3) days after mailing.

This Agreement shall be construed in accordance with the admiralty and maritime laws of the United States of America and the State of Florida.

NAVIGATIONAL LIMITATIONS. Charterer may be declared in default of this Charter Agreement in any one of the following events occur:

1.a) Operating the vessel in open ocean.

1.b) Failure to make charter payments upon the date due.

1.c) Operating the vessel contrary to the criminal law of any nation or state in which the vessel operates.

1.d) Failing to maintain the vessel and its equipment in a seaworthy and seaman-like condition. Then in case of said default, the Owner may: a) declare the charter terminated.

1.e) Recover judgment for and collect out of any property Charterer may own any amount due and collect all earned Charter hire and freight monies relating to service performed by the vessel.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative, in duplicate originals, on the day and year first written above.

Dated:   By: CHARTER

Dated:  By: TOM’S TIKI BOAT TOURS REPRESENTATIVE

 

CHARTER BOAT CAPTAIN SERVICE CONTRACT

THIS AGREEMENT executed on this day,  by and between  (hereinafter “Employer”), and Bareboat Charter Captain.

NOW, THEREFORE, FOR AN IN CONSIDERATION of the mutual promises and agreements contained herein, Employer hires Captain, and Captain agrees to work for Employer under the terms and conditions hereby agreed upon the parties:

 

SECTION 1: WORK TO BE PERFORMED

TERM. Employer agrees to hire Captain, to perform the services and work as stated in Section 1.2 of this Agreement.

DUTIES. Captain agrees to perform work for the Employer on the Terms and Conditions set forth in this Agreement, as follows: FL- 3 hour charter / NJ – 2 hour charter

Duties will be performed upon the following vessel: FL - MAI TAI TOO / NJ - MAI TAI

LIQUIDATED DAMAGES. The following shall be construed as liquidated damages only and shall not in any way be deemed a penalty, but only a reasonable estimate of either the anticipated or the actual loss from breach of this Agreement. In the event the work is not performed timely as specified herein, Employer shall be entitled to deduct $100 per TRIP from the compensation due Captain as liquidated damages.

SECTION 2: COMPENSATION

2.1 COMPENSATION. In consideration of all services to be rendered by Captain to the Employer, the Employer shall pay to the Captain the sum of $100. Said compensation shall be paid: ONE TIME at TIME OF BOOKING.

2.2 WITHHOLDING. This Captain is an independent contractor and shall be responsible for his/her own income taxes, worker’s compensation and other employment taxes.

 

SECTION 3: INDEPENDENT CONTRACTOR STATUS

Captain acknowledges that he is an independent contractor and is not an agent, partner, joint venture, or employee of the Employer. The Captain shall have no authority to bind or otherwise obligate Employer in any manner nor shall Captain represent to anyone that is has a right to do so.

 

SECTION 4: REPRESENTATIONS OR WARRANTIES OF CAPTAIN

4.1 Captain represents and warrants to the Employer regarding the work to be performed as follows: CAPTAIN 26’ TIKI BOAT.

4.2 Captain represents that he/she is fleeing to enter into this Agreement and that this engagement does not violate the terms of any agreement between Captain and any third party.

 

During the term of this Agreement, Captain shall devote as much productive time, energy and abilities as is needed and necessary to perform the required duties in a timely and productive manner. The Captain is expressly free to perform services for other parties while performing services for the Employer.

 

SECTION 5: INSURANCE

The Captain shall obtain and maintain in force, at their own expense, throughout the performance of his/her obligations under this Agreement, insurance coverage against claims, regardless of when asserted, that may arise out of, or result from, Captain’s operations in connection with the services or duties described above. This insurance shall include the following coverage(s) that is (are) checked below:

 

COMPREHENSIVE GENERAL LIABILITY

Captain agrees to maintain a policy of insurance in the minimum amount of $1,000,000, including broad form contractual liability and personal injury endorsements, providing coverage against liability for bodily injury, death and property damages for any negligent acts committed by Captain or his employees or agents during the performance of any duties under this Agreement. Captain further agrees to hold Employer free and harmless from any and all claims arising from any such negligent act or omission.

WORKERS COMPENSATION AND EMPLOYER’S LIABILITY (if required by State law)

Captain agrees to provide worker’s compensation insurance for Captain’s employees and agents and agrees to hold harmless and indemnify Employer for any and all claims arising out of any injury, disability, or death of any of Captain’s employees or agents.

 

SECTION 6: MISCELLANEOUS PROVISIONS

6.1 The provisions of this Agreement shall be binding upon and for the benefit of the heirs, personal representatives, successors and assigns of the parties.

6.2 In the event of a default under this Agreement, the defaulted party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation, attorney’s fees. Additionally, in the event, a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, reasonable attorney’s fees at the trial level and on appeal.

6.3 No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, not shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

6.4 This Agreement shall be governed by and shall be construed in accordance with the laws of the states of NEW JERSEY and FLORIDA.

6.5 This Agreement constitutes the entire Agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties.

6.6 If any provisions of this Agreement is held unenforceable, then such provision will be modified to reflect the parties intention. All remaining provisions of this Agreement shall remain in full force and effect.

6.7 Captain agrees to indemnify, defend, and hold Employer and his/her successors, officers, directors, agents, and employees harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses, and damages (including Attorney’s fees) arising out of, or in connection with any breach of this Agreement by Captain.

6.8 Employer may terminate this Agreement at any time by providing 5 day’s notice to Captain. In addition, if Captains fails or refuses to comply with the policies or reasonable directives of Employer is guilty of serious misconduct in connection with his/her performance hereunder or materially breaches any provisions of this Agreement. Employer may at any time and in its sole discretion terminate the engagement of Captain immediately and without prior written notice to Captain.

WITNESS OUR SIGNATURES, this the

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Signed by Tom Barrett
Signed On: August 28, 2023


Signature Certificate
Document name: CHARTER AGREEMENT
lock iconUnique Document ID: faf0b4cc7e7ad41dc5cc307fe9d776e9f6dd9164
Timestamp Audit
August 25, 2023 7:40 am CSTCHARTER AGREEMENT Uploaded by Tom Barrett - [email protected] IP 2402:8100:2354:c3d8:17e:250e:61af:5149