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Charter Agreement

Bareboat Agreement

This Bareboat Agreement (“Charter Agreement or Charter”) is made and entered into as of 07/20/2024 (“the effective date”) by vessel owner (hereinafter referred to as “Owner”), and (Charterer) (hereinafter called "Charterer"), LOCATED at each party agrees to the following terms and conditions:

  • NAME OF VESSEL:
  • PORT OF REGISTRY:
  • VESSEL YEAR, MAKE, MODEL:
  • OWNER ADDRESS:
  • PROPOSED ROUTE: intercoastal cruising and anchor out.

VESSEL LIMITATIONS: NO MORE THAN 12 PASSENGERS PLUS CHARTERER MAY BE GUESTS ON BOARD THIS VESSEL WHILE UNDERWAY OR MOORED, EXCLUDING THE MASTER AND CREW.

Terms and Conditions

In exchange for good and valuable consideration the receipt of which is acknowledged, the parties agree:

  1. The charter shall begin on 12/31/1969 at 7:00pm and end on 12/31/1969 at 7:00pm.
  2. The Vessel shall be delivered to Charterer in the condition as when inspected and accepted by Charterer. Charterer takes complete possession of the Vessel as pro hac vice owner and hires the captain and maintains control over the captain and crew. The Charterer agrees to redeliver Vessel in the same condition as when chartered accepting ordinary wear and tear. Owner reserves the right to have Vessel surveyed as to condition and Charterer reserves the right to have Vessel surveyed upon termination and redelivery of Vessel. 4. The compensation for said charter shall be as follows:

    CHARTER RATE:

    SECURITY DEPOSIT: $1000.00

    The Charter Rate includes a 15% gratuity and fuel provided for slow speed cruising only.

  3. Charterer agrees to operate 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, its agents, employees and assigns, the Vessel, the charter broker, CYM Charters, its agents, employees and assigns the captain and crew, and their respective underwriters from and against all causes of action arising from the Charter Agreement or for any breach by Charterer of the obligations or any other obligations imposed by law upon the Charterer.
  4. During the course of the Charter, Charterer understands it has the option to secure a standard marine insurance policy including hull coverage, to the full value of the hull, protection and indemnity coverage in such form to protect Owner and Charterer against any and all liability incident to the operation of the Vessel. Any such insurance procured must name the Owner as an additional insured.
  5. Charterer shall provide and pay for the captain and crew of the vessel. The Charterer shall select and direct said master and crew. 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. Charterer shall review and evaluate each licensed officer as to his ability and skill in the position employed.
  6. Neither the Owner, its officers, directors, employees, the vessel, her owner, operators, CYM Charters, nor of any of the foregoing shall have any responsibility or liability for any claim involving damages for personal injury or property loss for any injury, illness, disease or death of employees of Charterer, its subcontractors, or their employees or agents; or the Charterer’s guests 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 unseaworthiness of the vessel or equipment of Owner, Owner’s property and Owner’s sub-contractors’ property. (See attached Waiver, Release and Indemnification Agreement the terms of which are incorporated herein).
  7. NO CONSEQUENTIAL DAMAGES: Neither Owner nor Charterer shall be responsible for loss of profits or for exemplary, special, indirect or consequential damages.
  8. LIENS: The Charterer shall not create, incur, or permit any liens to be imposed upon the Vessel chartered under this Charter agreement.
  9. NO ASSIGNMENTS: Charterer may not assign this agreement without notice to the Owner and without his written agreement.
  10. CHOICE OF LAW AND VENUE: This agreement shall be construed in accordance with the admiralty and maritime laws of the United States of America and the State of Florida. Any dispute arising out of or relating to this Charter Agreement shall be brought in Manatee County, Florida or the United State District Court, Middle District of Florida. The parties agree to WAIVE A TRIAL BY JURY. Prevailing party shall be entitled to recover fees and costs associated with any litigation arising from or relating to this Agreement.
  11. CANCELLATION TERMS: Charter reservation may be canceled at any time for a penalty equal to the amount deposited to reserve the YACHT except if this cancellation is within 30 days of the charter day. If a cancellation is made within 30 days of the charter date, the cancellation fee is in the entire amount of the charter. However, the CHARTERER has 12 months to rebook a charter day for the same terms as the original charter. A $500.00 re-booking fee will be charged for this new date.
  12. ACCIDENTAL DAMAGE, DEATH AND INJURY: OWNER strictly prohibits the useor consumption of illegal drugs on its YACHTs or at its facilities. The consumption of alcohol or drugs may increase the risk of injury around water and boats and the CHARTERER and his/her guests accept that risk. OWNER shall be held harmless from any and all claims or liability for property damage, personal injury or death arising from or related to, directly or indirectly, the use or consumption of alcohol or drugs, even if the property damage, personal injury or death is caused in whole or in part of the negligence of the OWNER. This shall no way limit or diminish OWNER’s accountability for its negligence where the property damage, personal injury or death does not arise from or relate to, directly or indirectly, the use or consumption of alcohol or drugs.
  13. SKIN DIVING AND SWIMMING: OWNER and the insurance underwriters shall not be held liable for accidents, injuries or death due to swimming, jet skiing, windsurfing, kayaking or the use of snorkels, masks or allied equipment such as scuba equipment and sailboards.
  14. SEVERABILITY: In the event that any provision of this agreement is held to be void, voidable or unenforceable, that provision will be severed, and the remainder of the agreement shall remain in full force and effect and will be interpreted to give effect to the intent of the parties expressed herein.
  15. MERGER CLAUSE: This agreement supersedes any oral representations.

    IN WITNESS WHEREOF, the Parties have caused this Charter Agreement to be executed by their duly authorized representative.

    CHARTERER OWNER

Captain Selection

Per the USCG, NVIC7-94 and the Passenger Vessel Safety Act of 1993 (The Act), "the charterer must have the option of selecting the crew. Although a master or crew may be furnished by the owner, full possession and control must be vested in the charterer. This does not preclude the charterer from taking advice from the master and crew regarding hazardous conditions such as inclement weather, navigational obstructions, etc."

By executing this Agreement and booking with CYM Charters, you agree that you were given the following selection of Captains to choose from and to comply with The Act:

Captain Craig Clark
Captain Aaron Batten
Captain Christopher Jensen
Captain Paul Crevelo
Captain Jordan Ganey
Captain Hunter Loy
Captain Trevor Meek
Captain Carter Reemelin
Captain Frank Perri

Failure to acknowledge the Captain selection option may result in charter termination by law enforcement officers and no refund will be offered if this agreement is violated.

Rules, Guidelines & Fines

It is our mission to provide a safe and fun option for anyone looking to enjoy the water and charter a vessel. You and your guests must abide by the rules and guidelines set forth in order to keep you, your guests, the Crew, and the Vessel safe.

Any violation of these rules will result in fines and fees charged to the credit card of the Charterer. By signing this agreement, you are agreeing to any of these fines and charges. The Captain and Crew have the right to terminate your charter at any time if your actions and behavior puts you, your guests, the Crew, or the Vessel at risk and NO REFUND WILL BE GIVEN REGARDLESS OF THE TIME NOT USED ON THE VESSEL. In addition to the full charter price being charged, the Charterer will also be responsible for any and all fuel expenses, taxes, gratuity, and other expenses incurred including but not limited dockage, provisions, etc.

The rules and guidelines include but are not limited to:

  1. THE LEGAL PASSENGER CAPACITY OF THE VESSEL MAY NOT BE EXCEEDED for any reason, at the commencement or during the charter. THIS IS A FEDERAL LAW AND ANY CITATIONS BY THE UNITED STATES COAST GUARD (or any other law enforcement agency) ARE THE FULL RESPONSIBILITY OF THE CHARTERER. If the Coast Guard or other governmental agency administers a fine you will be responsible for the fine and all legal costs associated with the fine. The Captain will report any overboarding and has the full right to terminate the Charter with no refund of the deposit of full charter amount.
  2. NO SMOKING OR OPEN FLAMES ON BOARD. Smoking of any kind is strictly forbidden. Any burns in the seats, flooring, bedding, teak, or otherwise must be fully repaired to “like-new” condition at the expense of the Charterer.
  3. Any stains on the seats, flooring, bedding, teak or otherwise must be fully repaired to "like- new" condition at the expense of the Charterer.
  4. No loud or vulgar music or sound pollution allowed when in a private marina. Private marinas strictly prohibit loud or vulgar music, and the Captain and Crew needs to be able to hear while docking and undocking the vessel. Once you exit the marina area, you are allowed to turn up the music and have a good time. You acknowledge that the Captain and Crew have complete control over the volume of music and it can be turned down for any reason.
  5. NO ILLEGAL DRUGS OF ANY KIND are allowed on the vessel. Captains have the right to terminate the Charter immediately and no refund will be given to the Charterer(s). Captains also have the right to contact law enforcement and have any illegal drug activity reported to law enforcement agents.
  6. NO JUMPING OFF OF THE VESSEL while it is underway or when the motors are running. Whether you are wanting to jump in the water, onto a beach, dock, or other surface, you must wait for instructions from the Captain or Crew. YOU MUST ALWAYS INFORM THE CREW if you are jumping in the water.
  7. LISTEN TO AND FOLLOW THE CAPTAIN AND CREW’S INSTRUCTIONS AT ALL TIMES. The Captain and Crew have a duty to keep you, your guests, the Vessel, and themselves safe. They have the final say in safety. LISTEN TO THEIR INSTRUCTIONS AT ALL TIMES.
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Waiver, Release and Indemnification Agreement

THIS WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT (this “Release”) is entered into as of 07/20/2024 (the “Effective Date”) between (“Charterer”) and and CYM Charters (“CYM”).

TERMS AND CONDITIONS

In consideration of good and valuable consideration including the use of the Vessel, the Bareboat Agreement, and other consideration the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

Charterer, on behalf of him or herself, his or her spouse, children/wards (the “Charterers”), and Guests hereby release, waive and discharge the Owner, the Vessel and CYM of and from any and causes of action, in law, admiralty or in equity, including but not limited to court costs and attorneys’ fees, of any nature whatsoever, whether or not now known, claimed or suspected, fixed or contingent (hereinafter collectively referred to as “Claims”) which the Charterer or Guests may have, or which may hereafter accrue to the Charterers or Guests, arising out of or relating to the Charterer’s, use of the Vessel or charter broker services provided from CYM.

ACKNOWLEDGMENT OF RISKS

I fully acknowledge that there are certain risks associated with yachting and swimming from a yacht, including but not limited to movement of the Vessel from the wakes of other vessels, large and choppy seas which may result in a rough ride, wet surfaces, inclement weather, lightning, wind, collision, capsizing, sinking, uneven or wet surfaces, sea sickness and other risks. I further acknowledge that if I swim or participate in water activities from the Vessel, I understand that there are risks associated with swimming and water activities including but not limited to strong currents, dangerous marine life, diving in shallow water that can cause paralysis, death or injury, sun exposure, and exposure to waves and unforeseen dangers.

CONTRACTUAL AND EXPRESS ASSUMPTION OF RISK AND WAIVER

I FULLY AGREE TO ASSUME ALL RESPONSIBILITY FOR THE RISKS ASSOCIATED WITH THE CHARTER OF THE VESSEL AND SWIMMING OR WATER ACTIVITIES FROM THE VESSEL. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF; EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF OWNER, THE VESSEL, OR CYM. I FULLY UNDERSTAND AND AGREE TO RELEASE THE OWNER, VESSEL, AND CYM FOR ANY AND ALL LIABILITY, EVEN IF IT ARISES FROM THE NEGLIGENCE UNSEAWORTHINESS OF THE OWNER, VESSEL, OR CYM. I HEREBY RELEASE THE OWNER, THE VESSEL, CYM, THEIR PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INSURERS AND EACH LANDOWNER PROVIDING ACCESS TO THE VESSEL FROM ANY AND ALL LIABILITY OF ANY NATURE (INCLUDING NEGLIGENCE) FOR ANY AND ALL INJURY OR DAMAGE INCLUDING DEATH RESULTING FROM MY PARTICIPATION IN THE CHARTER ACTIVITIES, SWIMMING OR WATER ACTIVITIES RELATED TO THE CHARTER, EVEN IF CAUSED BY MY NEGLIGENCE OR THE NEGLIGENCE OF ANY OTHER PARTY TO THIS AGREEMENT.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THIS ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

I have read this assumption and acknowledgement of risks and releases of liability agreements. I understand fully that it is contractual in nature and binding upon me personally and my minor child as set forth above. I further understand that by signing this document, I am waiving the valuable rights including any and all rights I may have against the Owner, CYM. This agreement shall be governed by general maritime law of the United States. Any legal action relating to or arising out of this Agreement against the Owner or CYM or any of their agents, employees, affiliated or related companies shall be commenced exclusively in the United States District Court, Middle District of Florida. The parties agree to WAIVE A TRIAL BY JURY.

I HEREBY RELEASE OWNER AND CYM, THEIR RESPECTIVE PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, THEIR INSURERS, FROM ANY AND ALL LIABILITY OF ANY NATURE FOR AND ANY AND ALL INJURY OR DAMAGE INCLUDING DEATH RESULTING FROM THE USE OF THE VESSEL DURING CHARTER, EVEN IF CAUSED BY THE NEGLIGENCE OF RELEASES.

I UNDERSTAND THE SERIOUSNESS OF THE RISKS INVOLVED IN BOATING, WATER ACTIVITIES AND MARITIME ACTIVITIES IN GENERAL AND ACCEPT THEM IN FULL. I, FOR MYSELF, AND TO THE EXTENT ALLOWED BY LAW, MY SPOUSE, CHILD/WARD AND GUESTS HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Cancellation Policy

CYM Charters enforces a standard cancellation policy on all vessels in the CYM fleet. This policy is to protect both the owner and the renter (Charterer).

CYM recommends the Charterer to read through the Cancellation Policy thoroughly and understand the responsibility when agreeing to the policy.

Deposits, Payments and Refunds as follows:

Please advise: CYM enforces a strict non-refundable cancellation policy. Charterer cancellation request will be handled based on the rules below.

Charterer’s deposit will be refunded if the payment has been made within 24 hours of placing an order for a charter, that the charter does not take place within 48 hours from the departure date.

Charterer’s deposit will be refunded within 48-72 business day hours from the post charter check out once completed by the Captain.

If Charterer is to cancel the charter prior to making full payment, that does not follow under CYM’s extenuating circumstances, the deposit payment is non-refundable.

If Charterer is to cancel the charter and has made their full payment, that does not follow under the CYM’s extenuating circumstances, the full payment is non-refundable (deposit will be refunded only). Charterer will receive the option to reschedule with a reschedule fee.

Charterer’s deposit will be held if the vessel has been damaged by the Charterer and/or Charterer’s guest. Please advise, the Charterer assumes responsibility for themselves and their guests within their party once the agreement has been signed. Once the damages have been assessed and discussed with both owner and Charterer, CYM will hold the deposit as payment towards the damage cost.

Charterer’s deposit and/or payment will be refunded for extenuating circumstances, which will include the following. Death of charterer or family member, Covid-19 (will require a positive test from a clinic or doctor, as well as within 5 days of the charter date), Natural disaster, Weather (will be the captain's decision the day of charter),Political unrest or Mechanical failure of the vessel.

Please advise, refunds will not be given if the request does not meet CYM’s extenuating circumstances. Charterers will have the option to reschedule with a reschedule fee. A cancellation will NOT BE APPROVED if requested within 14 days of the charter date and the request does not meet CYM’s extenuating circumstances.

Payment due date

Charterer understands that full payment is to be collected 14 days prior to the day of charter.

Charterer understands that payment is to be collected in total (Full booking price and deposit) when a trip is requested within 14 days of the charter date.

Provision orders

Provision orders requested directly from CYM will need to be placed at minimum 72 hours prior to the day of charter.

Please advise, if the Charterer orders provisions direct from CYM or provides their own, the Charterer will be held fully responsible for the provision order if a charter is to be canceled. Provisions orders are non-refundable in the event of a cancellation for any reason.

Order Summary

  • CHARTER START TIME: 12/31/1969 at 7:00pm
  • CHARTER END TIME: 12/31/1969 at 7:00pm
  • PORT OF REGISTRY:
  • BOAT CAPTAIN CREW:
  • GRATUITY (15%):
  • BOOKING (10%):
  • CLEANING:
  • FUEL:
  • DEPOSIT:
  • TAX: Invalid order ID.
  • TOTAL: Invalid order ID.

Charterer Personal Information

Name of Charterer(Required)
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