Sag Harbor Private Sailing Yacht Charters

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Sailacat Yacht Charter Agreement

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Vessel Services Agreement*

Vessel Services Agreement

1. Agreement to Retain.

The charterer hereby retains the agent under the owners authority to manage, operate, and navigate the Vessel during the Vessel Services Period. The agent shall furnish a competent captain (the “Captain”) and crew (the “Crew”), as provided in this Agreement, for the management, operation, and navigation of the Vessel during the Vessel Services Period. The Captain and Crew shall not use or possess illegal drugs or firearms on board the Vessel and shall conduct themselves in an orderly and sober manner. The Captain and Crew shall be properly uniformed throughout the Vessel Services Period.

2. Independent Contractor Status.

The Agent and the Charterer expressly intend that the agent will perform its obligations hereunder as an independent contractor of the Charterer. No employee, contractor, servant, captain, or crew member of the agent will be deemed to be the employee, contractor, servant, captain, or crew member of the agent. The charterer assumes all responsibility, liability and expenses for the Vessel, captain and crew. (See Bareboat Agreement).

3. Captain’s Authority.

a. The Captain will comply with all reasonable orders given to him by the charterer regarding the management, operation, and movement of the Vessel, wind, weather, and other circumstances permitting. The captain may refuse to comply with any order that the captain reasonably believes would result in the Vessel’s moving to any port or place that would be unsafe or improper for the Vessel.

b. The Captain may exclude the Charterer or any or all of the Charterer’s guests or invitees from using any particular water sports equipment if, in the Captain’s reasonable opinion, they are not licensed if required, not competent, are unsafe, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating such equipment. The charterer shall comply and shall ensure that the Charterer’s guests and invitees comply with the Captain’s directions regarding use of water sports equipment.

4. Operating Costs.

a. Before the Charterer disembarks at the end of the Vessel Services Period, the Captain will present to the Charterer a detailed account of monies spent for Operating Costs with as many supporting receipts as possible. Upon the receipt of such account, the Charterer shall pay to the Captain the balance of the expenses or the Captain will repay to the Charterer any balance overpaid, whichever the case may be.

b. The Charterer shall furnish, at the Charterer’s discretion, accommodations and food for the Captain and Crew.

c. The Charterer shall pay the operating costs, including, without limitation, all food costs for the Vessel, its tenders, and all watersports equipment; berthing dues and harbor charges, including customs formalities and harbor, pilot, and divers’ fees; charges for water and electricity taken from shore and any charges for waste disposal; ships’ agents’ fees, where applicable; national and local taxes, as applicable; food, beverages, personal laundry, and communications costs; hire or purchase costs of any special equipment placed on board at the Charterer’s request.

d. Unless specific alternative arrangements have been made in writing, in advance, all payments for Operating Costs and any other payments for expenses shall be payable in cash. The Charterer acknowledges that payment by check, credit card, or other negotiable instrument is not normally acceptable due to the itinerant nature of the Vessel’s seasonal schedule and the Charterer shall therefore use reasonable efforts to ensure that he has sufficient funds available to cover all reasonably foreseeable expenses.

5. Delay in Delivery; Failure to Deliver; Cancellation by Agent

a. If the delivery of the Vessel is delayed for any reason, and the Vessel is delivered within 30 minutes of the commencement of the Vessel Services Period, then the Agent shall refund to the Charterer a pro rata portion of the Vessel Services Fee or, alternatively, the Agent and the Charterer may agree to extend the Vessel Services Period for a time equal to the delay. b. If the delivery of the Vessel is delayed for any reason, and the Vessel is not delivered within 60 minutes, then the Charterer may terminate this Agreement and the Agent shall refund to the Charterer the full amount of the Vessel Services Fee or, alternatively, the Charterer and the Agent may agree to extend the Vessel Services Period for a time equal to the delay.
c. If the Agent cancels this Agreement before the commencement of the Vessel Services Period by reason of Force Majeure, then the Agent shall refund to the Charterer the full amount of the Vessel Services Fee.

d. If the Agent cancels this Agreement before the commencement of the Vessel Services Period for any reason other than Force Majeure, then the Agent shall refund to the Charterer the full amount of the Vessel Services Fee.

6. Cancellation by Charterer.

If the Charterer cancels this Agreement, then the Agent may retain any payments made by the Charterer as of the date of cancellation and the Charterer shall pay to the Agent any payments due but unpaid as of the date of cancellation. If the Charterer fails to pay any amount due under this Agreement within seven (7) calendar days’ notice in writing from the Agent of such failure, then the Agent may terminate this Agreement and retain any payments made by the Charterer as of the date of termination and the Charterer shall pay to the Agent any payments due but unpaid as of the date of termination.

7. Breakdown or Disablement.

If during the Vessel Services Period the Vessel becomes disabled by breakdown of machinery, grounding, collision, or other cause so as to prevent the reasonable use of the Vessel by the Charterer for a period greater than 30 minutes, then the Agent shall. refund to the Charterer a pro rata portion of the Vessel Services Fee or, alternatively, the Agent and the Charterer may agree to extend the Vessel Services Period for a time equal to the period of disablement.

8. Definitions

a. The Force Majeure. In this Agreement “Force Majeure” means any cause directly attributable to acts, events, non-happenings, omissions, accidents, or Acts of God beyond the reasonable control of the Charterer or the Agent, including, without limitation, strikes, lock-outs, or other labor disputes, civil commotion, riots, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act, or regulation, major mechanical, or electrical breakdown beyond the Agent’s control and not caused by the Agent’s negligence. Shipyard delays not attributable to the aforementioned conditions do not constitute Force Majeure. Crew changes do not constitute Force Majeure.

b. Agent, Charterer. As used herein, the terms “Agent,” “Charterer,” and corresponding pronouns shall be construed to apply whether the Agent, Charterer is male or female, corporate or an individual, or singular or plural, as the case may be.

c. Working Days and Hours. A “Working Day” is a day on which the Agent named on Page 1 of this Agreement is open for business. A “Working Hour” is an hour between 9 a.m. and 5 p.m.

9. Law and Arbitration.

a. This Agreement will be governed by and construed in accordance with the maritime law of the United States and, to the extent such law fails to supply a rule of decision, the law of the State of New York regardless of any conflicts-of-law principles that would require the application of any other law. Any dispute arising out of or in connection with this Agreement or any alleged breach hereof will be resolved by binding and confidential arbitration in Suffolk County New York, or such other place as the Parties may agree in writing.

b. The decision of the arbitrator, if a sole arbitrator, or the arbitrators or any two of them, if a panel of three arbitrators, will be final and binding on the Parties and may be enforced by any court of competent jurisdiction.

c. The Parties shall not bring any proceedings in any other forum or jurisdiction based on any claim arising out of or in If notice of arbitration proceedings is given by either party, the Agent, after receiving notification of such proceedings, connection with this Agreement, except that either party may bring. Proceedings in any jurisdiction to arrest or attach the property of the other party as security for an arbitration award or such other proceedings as may be necessary to ratify, enforce, or confirm an arbitration award.

10. For future considerations and terms

11. Attorneys’ Fees.

In any arbitration or litigation arising out of or in connection with this Agreement, the prevailing party will be entitled to recover from the non-prevailing party or parties, in addition to any other relief to which the prevailing party may be entitled, reasonable attorneys’ fees (including paralegal fees), court costs, and all other expenses incurred in such arbitration or litigation by the prevailing party, even if not taxable as court costs, including, without limitation, all fees, costs, and expenses incident to appeals. For purposes of this Clause 14, a party will be considered the “prevailing party” to the extent that

a. Such party initiated the proceedings and substantially obtained the relief it sought, whether by award, judgment, or voluntary agreement;

b. Such party did not initiate the proceedings and did not obtain award or judgment in its favor, but the other party did not substantially obtain the relief it sought; or.

c. Such party did not initiate the proceedings and the other party to the proceedings withdrew its claim or action without having substantially obtained the relief it sought. Nothing in this Clause 14 will be construed to affect the mandatory arbitration provisions of Clause 11 of this Agreement.

12. Binding Agreement.

All of the terms and provisions of this Agreement, whether expressed or not, will be binding upon, inure to the benefit of, and be enforceable by the Parties and their representatives, heirs, and assigns. Any rights given or duties imposed upon the estate of a deceased party will inure to the benefit of, and be binding upon, the fiduciary of such decedent’s estate in his fiduciary capacity.

13. Waiver or Modification.

This Agreement is the entire agreement between the Parties. No waiver or modification of this Agreement will be effective unless in writing and signed by the Parties.

14. Non-Assignment.

The Agent shall not assign this Agreement without the written consent of the Charterer.

15. Additional Conditions (See on day of boarding )

Photo Release

By participating in or attending any activity in connection with Sailacat. whether on or off the the boat. I consent to the use of any photographs, pictures, film or videotape taken of me or my child/ward or provided by me for publicity, promotion, television, websites or any other use and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.

By visiting with Sailacat , you voluntarily assume all risks related to exposure to covid-19.

Help keep each other healthy.

16. List of Approved Captains & Crew

"Kal" R. Meyer

Brian Lucas

Terry McSweeny

Mick Menigoz

Eric Skilbred

Graham Godsel

Scott Simms

Doris Severinghaus

Client provided Captain & Crew to be approved by Sailacat

Witnesseth

To the true and faithful performance of the foregoing agreement, the said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other.

IN WITNESS THEROF, the parties hereunto set their hands the day and year written below.

By entering Full Name and Date in the Agreement page , you are electronically signing the above agreement and agree to all stated including any additional addendums stated before and after this agreement.

Read and agreed to terms.

Recreational Bareboat Agreement*

Bareboat Charter Summary

a. In this bareboat agreement, owner/agent does not provide the crew; the charterer selects and pays the crew. The owner / agent

can recommend a list of masters for the charterer to hire, but does not stipulate selection solely from the list provided. Charterer

will indicate their choice of crew in the separate “Vessel Services” agreement.

b. In this bareboat agreement, charterer stands in the shoes of the owner of the vessel. The charterer has complete command,

control, and possession of the vessel as it were his or her own and accepts responsibility for the vessel. Additionally, charterer

assumes responsibility for the vessel operations within the maritime laws and regulations for the duration of the charter.

c. All food, fuel and stores are provided and paid for by charterer. Any port fees, dockage fees , if applicable, are paid for by charterer.

Charterer surveys vessel upon delivery and return and agrees to pay for any damages to vessel or vessel inventory, incurred

during charter, less normal wear and tear.

1. Delivery

The owner agrees to deliver the boat at the port of boarding in proper working order, with full equipment inclusive of that required by law, and fully furnished, including full galley ware, all in good condition and ready for service; and agrees to allow demurrage pro rata to the charterer for any delay in delivery.

2. Crew

N/A

3. Insurance

a. The owner agrees to keep the boat fully insured against fire, damage, marine collision, risk, hazards of the voyage, including engine, hull and vessel equipment for the term of the charter.

b. During the charter and any extension thereof, the charterer shall be liable for any loss, damage, or injury that may be the fault of, or occasioned by the negligence of the charterer, his guests or servants.

c. In case of any accident or other disaster, charterer shall give owner prompt notice of said loss.

d. The owner’s insurance policy does not cover charterer's protection and indemnity during the charter. However, this coverage may be obtained for nominal cost at the charterer’s expense.

4. Mechanical Failure

The owner agrees that should the boat after delivery sustain breakdown of machinery, preventing the use of the vessel by the charterer for a period of not less than 24 hours consecutively, at any time, the same not being brought about by any act or default of the charterer, the owner shall make a pro-rata return of hire to the charterer for such period in excess of the said 24 hours that the yacht shall be disabled or unfit for use. If repairs cannot be made within 48 hours after the report of disablement, the charterer will be rebated pro-rata for the time the boat is unusable, and the charterer has the right to terminate the charter if so desired.

5. Running Expenses/Service Fee

a. The charterer agrees to accept the boat as hereinbefore provided and to pay all running expenses during the term of the charter. b. The charterer shall be responsible for the operating costs, including without limitation, it’s tenders, and all watersports equipment; berthing dues and harbor charges, including customs formalities and harbor, pilot, and diver’s fees; charges for water and electricity taken from shore and any charges for waste disposal; ship’s agent’s fees, where applicable; national and local taxes, as applicable; food, beverages, personal laundry, and communications costs; hire or purchase costs of any special equipment placed on board at the charterer’s request; and any additional payments or any other payments, for the entire charter period, for the charterer, the charterer’s guests, and any captain and crew retained by the charterer.

6. Navigational Limits

The charterer shall not navigate the Vessel beyond the navigational limits set forth in the vessel’s insurance policy without prior written approval by the vessel’s insurer, with any additional premium that may be due paid by the charterer.

7. Replacements

a. The charterer agrees to be responsible for, and to replace or make good any injury to the boat, her equipment or furnishings, caused personally by himself or any of his party.

b. The charterer further agrees to leave all furnishings listed in the ship's inventory log, fair wear and tear accepted, upon expiration of the charter term or reimburse the owner for the cost thereof.

8. Re-Delivery

a. The charterer agrees to surrender the boat at the expiration of this charter at the port provided above, free and clear of indebtedness that may have been incurred during the term of charter and in as good condition as when the delivery was taken, fair wear and tear from ordinary use and any loss of damage that he shall not be liable to make good excepted. b. The charterer, his agents, and employees have no right or power to permit or suffer the creation of any maritime liens against the boat, except for crews wages and salvage. c. The charterer agrees to indemnify the owner for any charges or losses in connection therewith, including reasonable attorney fees. d. Should the charterer not make re-delivery of the vessel as stipulated, the owner may demand and receive demurrage at 2-1/2 the stipulated charter rate for the time that such re-delivery is delayed.

9. Restricted Use

The charterer agrees that the boat shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family and guests during the term of this charter, and shall not transport merchandise or engage in 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 any time, and shall comply with the law in all other respects.

10. Non-Assignment

The charterer agrees not to assign this agreement or sub-charter vessel without written consent of owner.

11. Defaults

It is mutually agreed that should any installment of the charter money not be paid on the date designated, the owner

shall have the right to resume possession of the boat and terminate this charter, without prejudice to his rights in respect of any arrears of charter money, including necessary legal fees to collect any such arrears or damages.

12. Security Deposit

The charterer agrees to post a security deposit with the owner per terms of this agreement. Said deposit shall be forfeited in the event of default by the charterer or any part of this agreement. Without prejudice, however, to any other rights of the owner stipulated herein, said security deposit shall be refunded within five days at the port of release, provided no such default shall have occurred.

13. Indemnification

The charterer will at all times indemnify and keep indemnified that the owner and his agent and save themselves harmless from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage or expense of whatsoever kind, including counsel or attorneys fees which they shall or may sustain or incur by reason or in consequence of, any act or omission of the charterer, his agents or others during the term of the charter.

14. Arbitration

a. Any controversy or claim arising out of or relating to this agreement or the breach thereof shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, said arbitration to be held in the City and State of the owner’s residence, unless another place is mutually agreed upon.

b. Judgement upon any award reached by the Arbitrator(s) may be entered in any court of said State having jurisdiction thereof.

c. To the true and faithful performances of the foregoing agreement, the said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other.

15. Other Conditions and Overnight charters

a. Vessel to be returned with fuel & water tanks full. Holding tank empty, Vessel in clean condition.

b. Additional charges: Holding tank pump out $150.00, Diesel fuel tank top up $150.00 + fuel cost, Water tank(s) top up $150.00 and excessive cleaning charge, if required $500.00.

16. Charterer’s Authority and Responsibility

a. Charterer may captain the vessel, or supply a captain, providing seamanship qualifications exist on similar vessels to satisfaction of vessel owner.

b. Prior to charter, charterer has submitted sail resume for owner’s consideration or chosen an approved captain.

c. Charterer will indicate their choice of crew in the separate “Vessel Services” agreement. Captain and crew are employees of the charterer, dischargeable, with cause, by charterer.

d. The charterer is responsible for the safe navigation of the vessel during the charter and warrants only an approved qualified competent captain, with sufficient knowledge of seamanship, piloting, mechanical systems and rules of the road may safely operate the vessel.

e. Charterer agrees not to allow the operation of the vessel by anyone who is not so qualified, during the term of this charter.

17. Captain’s Authority

a. The captain will comply with all reasonable orders given to him by the charterer regarding the management, operation, and movement of the vessel, wind, weather, and other circumstances permitting.

b. The captain may refuse to comply with any order that he/she reasonably believes would result in the vessels moving to any port or place that would be unsafe or improper for the vessel.

c. The captain may exclude the charterer or any or all of the charterer’s guests or invitees from using any particular water sports equipment if, in the captain’s reasonable opinion, they are not licensed if required, not competent, are unsafe, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating such equipment.

d. The charterer shall comply and shall ensure that the charterer’s guests and invitees comply with the captain’s directions regarding use of water sports equipment.

18. Maximum Number of Persons; Responsibility for Children; Health of the Charterers Party

a. The maximum number of guests permitted is 12, and charterer shall not, at any time during the charter period, allow more than the maximum on board as stipulated above. Charterer is fully responsible during the term of charter for all guests, master and crew.

b. Charterer alone pays for charter, no guest or invitees are charged individually.

c. If any of the charterer’s guests or invitees are children, the charterer will be fully responsible for their conduct, entertainment, and safety. Per NYS law, children 12 and under must wear USCG approved PFDʼs, while aboard and must not be left unattended at anytime.

d. The nature of a charter may render it unsuitable for anyone with physical disability or undergoing medical treatment. By signing this agreement, the charterer warrants the medical fitness of all members of the charterer's party for the voyage contemplated by this agreement.

19. Cancelation and Refund

a. If weather conditions such as strong winds and/or continuous heavy rain are likely to impact the charter, at the captains discretion, the charter may be rescheduled to an alternative and, mutually agreed upon, date, dependent on vessel availability. Any additional provisioning costs resulting from such a rescheduling will be paid by the charterer.

b. If the owner fails to deliver the vessel at the place of delivery at the commencement of the charter period, other than by reason of Force Majeure, the charterer may treat this agreement as repudiated by the owner. The charterer will be entitled to repayment, without interest, of the full amount of all payments made by him to the owner.

c. It is agreed by both parties that in the event this agreement is cancelled by the charterer more than 60 days prior to the charter period, a cancelation fee of 50% of the charter fee will be forfeited. If cancelled 60 days or less prior to charter period, the full charter deposit will be forfeited. the day the owner receives written notification of cancelation will determine cancelation day.

20. Additional Conditions

a. Facsimile and scanned copies of this contract transmitted between the parties are binding

b. Captain will explain safety procedures and operation of marine toilet. failure to follow operating instructions resulting in marine toilet failure, flushing feminine products or inappropriate items will incur a $750.00 charge to repair the marine toilet.

By visitng Sailacat, you voluntarily assume all risks related to exposure to covid-19.

Photo Release

By participating in or attending any activity in connection with Sailacat. whether on or off the the boat. I consent to the use of any photographs, pictures, film or videotape taken of me or my child/ward or provided by me for publicity, promotion, television, websites or any other use and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.

Help keep each other healthy.

Witnesseth

To the true and faithful performance of the foregoing agreement, the said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other.

IN WITNESS THEROF, the parties hereunto set their hands the day and year written below.

By entering Full Name and Date in the Agreement page , you are electronically signing the above agreement and agree to all stated including any additional addendums stated before and after this agreement.

Read and agreed to terms.

Signature*

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Sailacat Yacht Charter Agreement

Vessel Services Agreement

Bareboat Charter Summary