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Terms and conditions
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


2. Crew Services. The Customer shall be responsible of 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


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


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.

3. Advance Provisioning Allowance (APA). Having paid the APA, the Customer shall be advised by the

master, at intervals, as to the disbursement 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 expended.

4. Use. The Customer shall restrict the cruising of the Yacht to the cruising area designated on Page 1 of

this Agreement and to regions 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.

5. Confidentiality. The parties shall keep the terms and conditions of this Agreement in strict confidence

and therefore shall disclose no information concerning this Agreement to any third party, except as

required by law.

6. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or with the breach

thereof, shall be settled by arbitration 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


7. Entire Agreement. This Agreement constitutes the entire agreement among the parties, and it

supersedes any prior agreement or understanding 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.

8. 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.

9. Attorneys' Fees. In any action or proceeding arising out of this Agreement, the prevailing party shall be

entitled to recover all of its costs incurred in such action, including reasonable attorneys' fees.

10.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.
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