Charter Agreement

This Bareboat CharterAgreement entered into on this, [esigtodaydate name="esig-sif-today-1646982696132" verifysigner="undefined" displaytype="border"] , between TOM'S TIKI BOAT TOURS LLC hereinafter referred to as the Owner and {{billing_first_name}} {{billing_last_name}} or their assignees hereinafter referred to as the Charterer.



Whereas the Owner is the registered owner of a vessel described as:


Vessel Name: MAI TAI 

Class 1 Powerboat

Horsepower:  2x40

Capacity: 12

Design speed: 5 knots


Period  of  Hire:   2 Hours    


Vessel Limitations:

Persons on board are limited by the tonnage of this vessel. No more than 12 passengers may be guests onboard while underway or moored, excluding the Charterer, the Master, and crew members.

And Whereas the Charterer wishes to Bareboat Charter said vessel;

NOW, THEREFORE, in consideration of the premises and covenants herein contained, the parties hereto mutually agree as follows:


The Bareboat Charter shall be for a total period of 2 Hours.


The vessel shall be delivered to Charterer in the same condition as when inspected and accepted by Charterer. Owner reserves the right to have the vessel surveyed as to equipment and condition and Charterer reserves the right to have the vessel surveyed upon termination and redelivery to Owner at the conclusion of the said charter. Said vessel shall be delivered to Charterer at the VAN'S MARINA BARNEGAT LIGHT, NJ, and redelivered to Owner at the  VAN'S MARINA BARNEGAT LIGHT, NJ in the same condition as when chartered excepting ordinary 

wear and tear.                     ,


The compensation or said Bareboat Charters shall be as follows: Bareboat CharterRATE: The Bareboat Charter Rate shall be $50/ PER PASSENGER to, quoted in the lawful currency of the United States of America.


DATE OF LAST Bareboat CharterPAYMENT: {{order_create_date}}


Payment shall be in cash or credit card


This is a TOM'S TIKI BOAT Bareboat Charter And Charterer reserves to operate said 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, the vessel, its registered owner, its master and crew, and their respective underwriters from and against the 

results of any breach by chartered of the obligations or any other obligations imposed by law upon the Charterer. The Charter shall maintain the vessel in good repair and maintain all classification, certificates or certificates of inspection in full force and effect during the entire course of the charter.


  1. a) During the course of the charter, Charterer has the option to maintain in full force and effect insurance in the amount of $1,000,000 USD naming the Owner as loss payee protecting the

vessel for loss or damage for hull and machinery. In addition, Charterer shall maintain a policy or policies of insurance providing for pollution, liability, crew and employee injury. Each policy 

shall name the Owner as an additional insured. The Bareboat Chartershall provides and pays for the master 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. The Charterer shall review and evaluate each licensed officer as to his ability and skill in the position employed, and assure the Owner as to the qualifications of the chief engineering staff.


Neither the Owner, its officers, directors, employees, the vessel, her owner, operators, nor the underwriters of any of the foregoing shall have any responsibility or liability for any claim 

involving damage to or loss of any cargo or equipment carried by vessel, or for any injury, illness, disease or death of employees of Charterer, its subcontractors, or their employees or 

agents; 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 the unseaworthiness of the vessel or equipment of Owner, Owner's property, and Owner's sub-contractors' property. Neither Owner nor Charterer shall be responsible hereunder for prospective profits or for special, indirect, or consequential damages.

Neither the Owner nor the Charterer shall not create, incur, or permit any liens to be imposed upon any vessel chartered under this agreement. A charterer may not assign this agreement without notice to the Owner and without his written agreement.


The charterer shall keep the Owner advised of the usual berth for the vessel or on a voyage of the itinerary of the vessel. Failure to keep the Owner informed of the location of the vessel shall be 

considered to be a breach of Charterer's agreement.


Notices to the Owner shall be sent via email Notices to the Charterer shall be sent via email Notices so sent shall be deemed received three (3) days after mailing.


This agreement shall be construed in accordance with the admiralty and maritime laws of the United States of America and the State of Florida.

Navigational Limitations. No open ocean DEFAULT The Charterer may be declared in default of this Bareboat Charter agreement in any one of the following  events occur:

  1. a) Failure to make Bareboat Charter payments upon the date due. 
  1. b) Operating the vessel contrary to the criminal law of any nation or state in which the vessel 


  1. c) Failing to maintain the vessel and its equipment in a seaworthy and seaman-like condition Then in case of said default, the Owner may: a) Declare the Bareboat Charterterminated.
  1. d) Recover judgment for and collect out of any property Charterer may own any amount due and collect all earned Bareboat Charter hire and freight monies relating to services performed by the vessel.


The Charterer shall have the right to make improvements to the vessel as per the Owner's prior 

agreement and approval that shall not unreasonably be withheld. The Charterer shall pay for all 

such improvements. 


IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative, in duplicate originals, on the day and year first written above.


Dated: [esigtodaydate name="esig-sif-today-1646982696132" verifysigner="undefined" displaytype="border"]  By: Bareboat Charter  

Dated:   [esigtodaydate name="esig-sif-today-1646982696132" verifysigner="undefined" displaytype="border"]   By: TOM'S TIKI BOAT TOURS REPRESENTATIVE               




THIS AGREEMENT executed on this the [esigtodaydate name="esig-sif-today-1646982696132" verifysigner="undefined" displaytype="border"] by and between  {{billing_first_name}} {{billing_last_name}} (hereinafter "Employer"), and  Tom Barrett  (hereinafter "Captain").

NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, Employer hires Captain, and Captain agrees to work for Employer under the terms and conditions hereby agreed upon by the parties:




1.1   Term. Employer agrees to hire Captain, to perform the services and work as stated in section 1.2 of this agreement.

1.2   Duties. Captain agrees to perform work for the Employer on the terms and conditions set forth in this agreement, as follows:   2 HOUR Bareboat Charter

  (a)Duties will be performed upon the following vessel:    MAI TAI (TOMS TIKI BOAT TOURS)   

1.3  Liquidated Damages..  The following shall be construed as liquidated damages only and shall not in any way be deemed a penalty, but only a reasonable estimate of either the anticipated or the actual loss from breach of this Agreement  In the event the work is not performed timely as specified herein, Employer shall be entitled to deduct $100 per TRIP from the compensation due Captain as liquidated damages.




2.1   Compensation. In consideration of all services to be rendered by Captain to the Employer, the Employer shall pay to the Captain the sum of $ 100.

Said compensation shall be paid:  [esigcheckbox name="esig-sif-1646984247386" label="" display="vertical" verifysigner="undefined" boxes="Daily=1&Weekly=&Monthly=" required="1" ]  upon full completion I other specily 

terms:  AT TIME OF BOOKING'   


2.2   Withholding. The captain is an independent contractor and shall be responsible for his/her own income taxes, worker's compensation, and other employment taxes. 




Captain acknowledges that he is an independent contractor and is not an agent, partner, joint venture, or employee of Employer. The captain shall have no authority to bind or otherwise obligate the Employer in any manner nor shall Captain represent to anyone that lt has a right to do so.




4.1  Captain represents and warrants to the Employer regarding the work to be performed as follows: CAPTAIN 26 TIKI BOAT

4.2   Captain represents that he/she is fleeing to enter into this Agreement and that this engagement does not violate the terms of any agreement between Captain and any third party. During the term of the agreement, Captain shall devote as much productive time, energy, and abilities as is needed and necessary to perform the required duties in a timely and productive manner. The captain is expressly free to perform services for other parties while performing services for the Employer.




The captain shall obtain and maintain in force, at its own expense, throughout the performance of his/her/its obligations under this Agreement, insurance coverage against claims, regardless of when asserted, that may arise out of, or result from, Captain's operations in connection with the services or duties described above. This insurance shall include  the following coverage(s) that is(are) checked below:


[esigcheckbox name="esig-sif-1647875739407" label="" display="vertical" verifysigner="undefined" boxes="Comprehensive General Liability =" required="1" ]  Captain agrees to maintain a policy of insurance in the minimum amount of $1,000,000, including broad form contractual liability and personal injury endorsements, providing coverage against liability for bodily injury, death, and property damages for any negligent acts committed by Captain or his employees or agents during the performance of any duties under this Agreement. Captain further agrees to hold Employer free and harmless from any and all claims arising from any such negligent act or omission.

[esigcheckbox name="esig-sif-1647875739407" label="" display="vertical" verifysigner="undefined" boxes="Workers Compensation and Employer's Liability =" required="1" ] (if required by state law). Captain agrees to provide worker's compensation insurance for Captain's employees and agents and agrees to hold harmless and indemnify Employer for any and all claims arising out of any injury, disability, or death of any of Captain's employees or agents.              




6.1   The provisions of this Agreement shall be binding upon and for the benefit of the heirs, personal representatives, successors, and assigns of the parties.

6.2   In the event of a default under this Agreement, the defaulted party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non- 

defaulting party or parties in connection with the default, including without limitation, attorney's fees. Additionally, in the event, a suit or action is filed to enforce this Agreement or 

with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without

limitation, reasonable attorney's fees at the trial level and on appeal.

6.3  No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

6.4  This Agreement shall be governed by and shall be construed in accordance with the laws of the State of NEW JERSEY AND FLORIDA

6.5  This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties.

6.6  If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties intention. All remaining provisions of this Agreement shall remain in full force and effect.

6.7  Captain agrees to indemnify, defend, and hold Employer and his/her/their successors, officers, directors, agents, and employees harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses, and damages (including attorneys' fees) arising out of, or in connection with any breach of this Agreement by Captain.

6.8  Employer may terminate this Agreement at any time by providing   5 days' notice to Captain. In addition, if Captain fails or refuses to comply with the policies or reasonable directives of Employer is guilty of serious misconduct in connection with his/her/their performance hereunder or materially breaches any provisions of this Agreement, Employer may at any time and in its sole discretion terminate the engagement of Captain immediately and without prior written notice to Captain.

6.9   Captain shall not assign any of his/her rights under this agreement, or delegate the performance of any of his/her duties hereunder, without the express written prior consent of the Employer.


WITNESS OUR SIGNATURES, this the [esigtodaydate name="esig-sif-today-1646984688762" verifysigner="undefined" displaytype="border"]


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Signed by James Nicotra
Signed On: June 23, 2022

Signature Certificate
Document name: Charter Agreement
lock iconUnique Document ID: 07fe0dac435d5e86141b78c75d7aaf4c87b55054
Timestamp Audit
June 23, 2022 12:38 pm CDTCharter Agreement Uploaded by James Nicotra - IP 2409:4043:99c:733e:cd00:4fff:dce1:cc85