National Law
Committee

Charter Agreement

This Agreement is entered into and made effective this day of ____________, 19_ between:
___________________________________(cruise company) hereinafter referred to as CARRIER and ___________________________ (squadron or district name) hereinafter referred to as CHARTERER.

Name of Chartered Vessel: _______________________________
Country of Registry: _________

Date(s) of Charter: _____________
Duration of Charter: _ ____________ Max. Party #: _______

Boarding Location: _____________________
Boarding Time: ________Departure Time: _______

Basic Charter fee: $______________
Deposit Paid:         $_______________
Balance Due:        $_______________
 
 
TERMS OF CHARTER

COSTS AND FEES: Any and all fees, taxes, costs, or charges to be made applicable to this Charter, in addition to the basic charter fee above, shall be set forth in Schedule "A" and attached hereto as a part of this Agreement. Any balance due for the basic charter fee (and any additional charges listed on Schedule "A") is set forth above and shall be paid in full to CARRIER not less than five business days before the charter date, unless paid by cash or official bank check at least one day prior thereto.

VESSEL AND SERVICE: CARRIERwarrants that the chartered vessel is and shall be in full compliance, throughout the duration of the charter, with all U.S. Coast Guard regulations applicable to its size and weight and to the transport of the number of passengers indicated above, as well as with all federal, state and municipal laws, ordinances and regulations pertaining to the use and operation of the Vessel as chartered, including the provisions of the Americans With Disabilities Act. CARRIER agrees to provide a duly qualified and fully licensed master/captain, and sufficient crew for the Vessel.

CHARTERER agrees to observe all federal, state, and municipal laws, ordinances and regulations as may generally pertain to charterers in connection with the use of the Vessel and transportation of passengers on board. CHARTERER further agrees that the Vessel shall not be used to transport merchandise or engage in any trade or business. CHARTERER further agrees to be guided by the captain of the Vessel concerning the safe navigation of the Vessel, weather conditions, anchorages, and other pertinent technical matters. Accordingly, if in the opinion of the Captain, weather conditions, or other factors make it unsafe to navigate the vessel during the scheduled charter hours, the vessel shall not sail; and the event will be rescheduled for a future, mutually agreeable date, or a full refund shall be provided.

PASSENGER COUNT: CHARTERER shall provide CARRIER, not later than four (4) days prior to the charter date, with the final number of passengers which shall not exceed the maximum party number above listed.

INSURANCE: CARRIER agrees to obtain and maintain in force and effect on the charter date a general and marine liability insurance policy issued by a United States Insurance carrier, licensed to do business in each country, state or territory having jurisdiction over waters being navigated, in the minimum amount of one million dollars ($1,000,000.00) per occurrence and one million ($1,000,000.00) per person, and which names as insureds thereunder, CHARTERER and the United States Power Squadrons, a North Carolina non-profit corporation. The parties agree that any failure of compliance with the provisions of this paragraph shall be a material breach of this Agreement for which CHARTERER shall be entitled to terminate the Agreement and receive a full refund of all moneys paid to CARRIER.

INDEMNIFICATION: CHARTERERshall indemnify, protect, defend and hold CARRIER harmless from and against any and all loss, cost, damage, injury or expense, including without limitation, reasonable attorney's fees, directly and proximately caused by activities of CHARTERER or the conduct of its passengers.

SUCCESSORS AND ASSIGNS: The rights and obligations of the parties hereunder shall inure to the benefit of and be binding and enforceable upon, the respective successors, assigns and transferees of either party.

GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the state of _____________ without giving effect to the principle of conflict of laws thereof.

DRUG RESTRICTION: To the extent that CHARTERER becomes aware prior to departure of the unquestionable and unlawful use or possession of illegal drugs, including marijuana, by persons boarding the vessel to participate in the cruise or on board the Vessel prior to departure and CHARTERER knowingly fails to notify the Captain or take reasonable action to remove such individual from the vessel prior to departure, then such failure may result in immediate termination of the Charter with forfeiture of all moneys paid.

NOTICES: Any notice required to be given pursuant hereunder shall be deemed to have been duly given when mailed via certified mail, return receipt requested or by actual delivery, to the address set forth below or to such other address as the parties may so designate.

NON-WAIVER: No delay, waiver, omission or forbearance on the part of any party hereto to exercise any right hereunder should constitute a waiver by such party to enforce such right at any time thereafter.

SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, this Agreement shall be interpreted and enforced as if such provisions were not contained herein, the provisions of this Agreement being severable in any such instance.

IN WITNESS WHEREOF, CARRIER and CHARTERER have executed this agreement as of the effective day and year first above written.

CARRIER: ____________________________________
(Name of cruise company)

By: ___________________________________________   
(Duly authorized to act as agent herein)

Address:_______________________________________  
______________________________________________  

CHARTERER: ________________________________
(Name of USPS Squadron or District)

By:___________________________________________
(Commander or duly authorized designee)

Address:_______________________________________
______________________________________________

SCHEDULE A: LIST OF CHARGES

BASIC CHARTER OF VESSEL	$
BAR	$
CATERING	$
MUSIC	$
DOCKAGE	$
OVERTIME FEES	$
SERVICE CHARGE	$
SUBTOTAL	$
STATE SALES TAX	$
TOTAL FEES	$
LESS: DEPOSIT	$
BALANCE DUE	$

ADDITIONAL TERMS:_________________________

______________________________________________

______________________________________________