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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
uniformed.
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
authority.
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
possess:
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
thereof.
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.
About our company
Having worked for over a decade in the legal field, our founder has both vigorously represented corporate clients in transactional matters and litigated cases in both State and Federal Court. Ms. Landver is a frequent speaker for continuing legal education for attorneys and has authored several handbooks and articles. Ms. Landver is recognized as a seasoned trial lawyer obtaining high dollar verdicts and settlements for her clients. She is an active member of the Consumer Attorneys Association of Los Angeles.
Product services
Our Beverly Hills personal injury lawyers accept the following types of claims:
Car Accident Claims
Bike Accident Claims
Pedestrian Accident Claims
Motorcycle Crash Claims
Bus Accident Claims
Slip and Fall Claims
Uber & Lift Accident Claims
Dog Bite Claims
Scooter Accident Claims
Burn Injury Claims
Our contacts
Feel free to write and call us. We really love to communicate with our clients.