Yacht Management Agreement Sample
8. NON-ASSIGNMENT: THE CHARTERER undertakes not to assign this contract or to rent the yacht without the written consent of the OWNER. 2 Please check all pages – Page 2 of 6 1 Given this agreement, CYC agrees to: a. Advertise and announce the yacht for charter. b. Correspondence and acceptance of applications from potential charters. c. Provision of charter services with multiple lists, by which the yacht is made available to the appropriate charter brokers to obtain the charter. d. Review each application, review references to the charter, qualify and approve future charters. e. Accept deposits, payments and take care of financial details and Charter agreements.
f. Negotiate any fee adjustments with charterers if adjustments are warranted at CYC`s discretion. Like e.B. Loss of charter time due to equipment failure or when additional time is added to a simultaneous charter. g. Set charter pricing policies, including some promotional or discount policies to encourage additional charters. h. Establish inventory requirements for the owner`s vessel(s). i. Prepare archiving lists, manuals, and perform all check-in and check-out tasks.
2 In view of this Contract, the OWNER undertakes to: a. Comply with all charters obtained and approved by CYC during the term of this Agreement. b. Prepare for the yacht charter and be available for CYC until April 15 of the charter season. The term “charter ready” refers to all inventories, systems and equipment that must be in perfect complementary and operational condition. The soil must be free of growth, the top must be clean and free of damage, all rigging must be in working order, and proper registration and insurance are in place. c. Provide CYC with the requested information, including but not limited to inventory lists, documentation on the yacht manufacturer`s equipment and a charter management contract sixty (60) days prior to the first yacht charter of that season. d. Keep the yacht charter ready for each booked charter and for the duration of this Agreement. If an owner does not provide their yacht, CYC guarantees the issuance of all funds withheld for the maintenance necessary to comply with the yacht charter plan. e.
Ensure that all required and advertised equipment is on board and will operate throughout the period of this Agreement. f. Assume all maintenance, repair or replacement costs that are not covered by the insurance. g. Cover costs associated with chart expectations, including but not limited to fuel used by the owner, oil, slip rental, authorization, spring preparations, and initial spring cleaning. h. Assume the cost of emergency services contracted by CYC that are not otherwise covered by the insurance. I. Provide CYC with a running drinking water and electricity slip from which a charter can depart, return and use overnight. j. Provide CYC with yacht documentation, ship mortgage, current state registration and proof of adequate charter insurance to remain on board the yacht at all times, as required by law. Included/Excluded: (unless otherwise specified in additional conditions): Charter fees include the services of a master and crew, meals, the ship`s standard helm, fuel and all costs related to the operation of the ship and the use of sports equipment on board.
Rental fees do not include diving, diving equipment, premium beverages and fine wines, excessive alcohol consumption, excursions outside the yacht, jetties, taxes and cruise permits, telephone, airport transfers and tips for the crew or similar costs incurred by the CHARTERER. Information or instructions: Contingency fee agreement for bodily injury 1. The following form is a written contingency fee agreement that can be used to engage the lawyer with staff 1. PAYMENTS: The charter fee is deemed to be paid to an escrow account and paid to the OWNER in the following manner: No more than 35% of the charter fee plus delivery charges and other additional costs not exceeding ten (10) days before the start date of the charter period. The balance of the charter fee will be distributed no earlier than the start date of the charter. It is also understood that the OWNER considers that the charter fees are not refundable. If the CHARTERER cancels before the start of the charter period, the deposits will be refunded under the following conditions: The fees will be refunded on a pro rata basis, less a service fee equal to the BROKER`s full commission if the yacht is rebooked for the same period or part thereof. If a new booking is not possible, no refund will be made. If the OWNER cancels, the OWNER will reimburse the CHARTERER through the broker all fees paid from that date, including the broker`s commission. 9.
RESTRICTED USE: THE CHARTERER agrees that during the term of this Charter, the Yacht will be used exclusively as a pleasure craft for the sole and appropriate use of it, its family, guests and servants and will not carry goods or passengers for payment or trade or will in any way violate the laws of any government in whose jurisdiction the Yacht may be located at any time. and must otherwise comply with the law. Typical management contracts stipulate that your boat will be maintained to the “highest industry standards” or similar wording. Unfortunately, this does not mean much. Here`s our most important tip: Join us! 10. SAILING RESTRICTIONS: The CHARTERER undertakes to limit the yacht`s cruise to the cruising areas indicated on the 1st page of this contract. 4. DELIVERY: The OWNER undertakes to deliver the yacht to the port of embarkation in full commission and in good working order, with all the licenses required for any jurisdiction in the charter area as a yacht of its size, type and accommodation, with complete equipment, including those required by law, and fully furnished. including kitchen and utensils, blankets, bed linen and towels; stable, clean and in good condition and ready to use; and further undertakes to grant CHARTERER prorated demurrage for any delay in delivery, unless it is caused by a case of force majeure. If it is not possible for the OWNER to make the delivery within twenty-four hours of the beginning of the charter period (for any reason other than force majeure), the CHARTERER may terminate this contract.
All charter fees paid in advance will be fully reimbursed to the CHARTERER at the CHARTERER`s choice without further liability to the OWNER, will be reimbursed pro rata by agreement and the BROKER will retain all of his commission. 3. BROKERAGE: The owner and charterer acknowledge American Yacht Company, Inc. or Luxury Yacht Vacations, Ltd. as the sole BROKER under this agreement. The OWNER undertakes to pay the BROKER the usual and usual brokerage fees in connection with this charter and for all subsequent extensions and rentals of the yacht by the CHARTERER arranged by the BROKER for a period of 2 years from the end of the initial charter. The parties understand and agree that the function of the BROKER is solely to organize the Charter and that the BROKER is at no time responsible for the actions of the CHARTERER, OWNER or Crew, nor for the BROKER responsible for the execution of the CHARTER or for any action or event beyond the direct control of the BROKER. . . .