24MXZ Malibu Wakesetter

1. OWNER hereby agrees to and demise bareboat and the CHARTERER agrees to hire on a bareboat basis upon the terms and conditions and the consideration hereinafter set forth, the said Vessel for a period commencing on __________ and ending on __________. 2. The Vessel shall be delivered to CHARTERER in good seaworthy condition and shall comply with all applicable laws and regulations pertaining to the condition of the Vessel. 3. CHARTERER shall maintain Vessel in good order and condition, reasonable wear and tear excepted. CHARTERER shall not be responsible for repairs to the Vessel except to the extent that the need for such repairs arises from the negligence or willful misconduct of the CHARTERER, it's officers, agents, employees, students, invitees, or guests. OWNER agrees to furnish any necessary maintenance materials needed by CHARTERER in order for CHARTERER to fulfill its obligation to maintain Vessel in good order and condition. OWNER agrees to make any repairs needed to keep Vessel in good seaworthy condition and in compliance with all applicable laws and regulations to the extent the need for such repairs does not arise from the negligence or willful misconduct of CHARTERER, its officers, agents, employees, invitees or guests. Vessel shall be subject to inspection at any reasonable time by OWNER or its agent or subcontractor provided that the OWNER has provided reasonable advanced written notice to CHARTERER of its intent to make such an inspection. 4. CHARTERER warrants that the skipper hired by the CHARTERER will be qualified and competent person, who shall be the employee/ subcontractor of the CHARTERER, and be responsible for the safe navigation of the Vessel. 5. CHARTERER expressly agrees that the operation of said Vessel will be limited to the following areas and waters: Tampa Bay & The Gulf of Mexico wihtin 5 nautical miles of shore. "CHARTERER further agrees that the operation of said Vessel be limited to any areas in waters specified in any insurance policy provided pursuant to paragraph 6, and any insurance policy which has been disclosed to CHARTERER prior to execution of this agreement. 6. CHARTERER is not obligated to provide insurance, however, CHARTERER shall indemnify, defend and hold harmless the Skipper (as selected below) OWNER, its officers and employees/ subcontractors from agents claims, damages, expenses or liabilities arising out of the performance of this Agreement or the use of said Vessel including without limitation, claim, damages, expenses or liabilities arise from the negligence or willful misconduct of CHARTERER, its officers, agents, or employees/ subcontractors. 7. CHARTERER agrees that the Vessel shall be employed exclusively as a training and pleasure vessel for the sole proper use of itself, and guests, during the term of the Charter. CHARTERER further agrees not to transport MERCHANDISE FOR HIRE, or CARRY PASSENGERS FOR HIRE, or engage in any trade, or in any way violate the laws of the United States or any other government within the jurisdiction of which the Vessel may be at the time during the Charter. 8. CHARTERER shall have no rights, power, or authority to create, incur, or permit to be imposed upon the Vessel any liens or encumbrances of any nature. A fully-executed copy of the Charter Agreement shall be carried aboard the Vessel with the ship's papers at all times during the term of the Charter and shall be exhibited by CHARTERER to any person having business with the Vessel which might give rise to any lien. CHARTERERER shall redeliver said Vessel free from any liens incurred by OWNER or covered by insurance arising out of possession, use, or operation of said Vessel or by any persons aboard said Vessel by invitation of CHARTERER. 9. CHARTERER shall not sub-charter or assign this Charter without obtaining the consent of OWNER in writing. If at any time CHARTERER fails to remedy any default with respect to any of the provisions, covenants or conditions of this Charter to be kept or performed by CHARTERER within days after notice thereof, or such additional time as is reasonably required to cure such default, OWNWE shall have the right to terminate this Charter by giving notice of such termination to CHARTERER. 10. OWNER shall not be responsible for failure to deliver the Vessel at commencement of the Charter if such failure is caused by reasons beyond the control of OWNER or by reason of said Vessel having been lost or disabled. Should such delivery not be made within one day after specified date, this Agreement may be canceled by CHARTERER and any deposits or amounts therefore paid on Charter hire shall be returned by OWNER to CHARTERER. 11. REFUNDS: The deposit will NOT be refunded unless it is unsafe to go out, or if it will be raining nonstop, we will reschedule in the event of an emergency so you do not lose your deposit, you have one year to use your trip, we want ti keep you as a client and make your yachting experience the best. 12. ARRIVALS: If you arrive at the boat late, you will lose that time, it's up to the SKIPPER if he wants to grant you extra time.