Captain Services Agreement
Reference: Charter Agreement No. CHR-{{ '%04d' | format(charter.id) }} •
Vessel: {{ vessel.name if vessel else 'N/A' }} •
Date: {{ charter.start_datetime.strftime('%B %d, %Y') if charter.start_datetime else '________________' }}
THIS AGREEMENT IS ENTERED INTO DIRECTLY BETWEEN THE CHARTERER AND THE CAPTAIN.
THE VESSEL MANAGEMENT COMPANY IS NOT A PARTY TO THIS AGREEMENT
AND ASSUMES NO LIABILITY WHATSOEVER UNDER THIS CONTRACT.
1. Parties
| Captain (Independent Contractor) |
Client (Charterer) |
{% if captain %}
{{ captain.name }}
{% if captain.phone %}Phone: {{ captain.phone }}
{% endif %}
{% if captain.license_number %}License No.: {{ captain.license_number }}
{% endif %}
License Type:
{% if captain.license_type == 'six_pack' %}
USCG Six-Pack (OUPV)
{% elif captain.license_type == 'master' %}
USCG Master 50/100 Ton
{% else %}
Private Captain
{% endif %}
{% else %}
Captain not yet assigned
{% endif %}
|
{{ charter.charterer_name }}
{% if charter.charterer_email %}Email: {{ charter.charterer_email }}
{% endif %}
{% if charter.charterer_phone %}Phone: {{ charter.charterer_phone }}
{% endif %}
ID / Passport No.: _______________________
|
2. Vessel and Service Details
| Vessel | Date | Departure | Return | Duration | Departure Port |
{{ vessel.name if vessel else '—' }}
{{ ((vessel.make or '') ~ ' ' ~ (vessel.model or '')) | trim if vessel else '' }}
|
{{ charter.start_datetime.strftime('%B %d, %Y') if charter.start_datetime else '—' }} |
{{ charter.start_datetime.strftime('%I:%M %p') if charter.start_datetime else '—' }} |
{{ end_dt.strftime('%I:%M %p') if end_dt else '—' }} |
{{ charter.hours | string ~ ' hr' ~ ('s' if charter.hours != 1 else '') if charter.hours else '—' }} |
___________________ |
3. Captain's Fee
| Description | Amount (USD) |
|---|
{% if captain and captain.hourly_rate and charter.hours %}
| Captain's hourly rate: ${{ '%.2f' | format(captain.hourly_rate) }}/hr × {{ charter.hours }} hr{{ 's' if charter.hours != 1 else '' }} |
${{ '%.2f' | format(captain.hourly_rate * charter.hours) }} |
| TOTAL CAPTAIN'S FEE |
${{ '%.2f' | format(captain.hourly_rate * charter.hours) }} |
{% else %}
| Fee agreed upon between the parties |
$_____________________ |
{% endif %}
All amounts in U.S. Dollars. Payment is due directly from Charterer to Captain.
The vessel management company has no involvement in this payment.
Gratuity, if any, is at the sole discretion of the Charterer and is not included above.
4. Captain's Responsibilities
4.1 SAFE OPERATION.
The Captain shall operate the vessel in a safe and seamanlike manner at all times, in compliance with all applicable federal, state, and local maritime laws and U.S. Coast Guard regulations.
4.2 PASSENGER CAPACITY.
The vessel's maximum rated capacity per its official documentation is
{{ vessel.max_passengers if vessel and vessel.max_passengers else '___' }} persons total
(including captain). The Captain shall ensure that the number of passengers does not exceed
{{ (vessel.max_passengers - 1) if vessel and vessel.max_passengers else '___' }} persons
at any time. The Captain is solely responsible for enforcing this limit before departure and during the voyage.
Exceeding the rated capacity is a federal violation and voids the insurance rider.
4.3 WEATHER AUTHORITY.
The Captain has sole and final authority to cancel or terminate the voyage at any time if, in the Captain's professional judgment, weather or sea conditions pose an unacceptable risk to the safety of passengers, crew, or the vessel.
4.4 INCIDENT REPORTING.
The Captain shall promptly report any accident, injury, damage to the vessel, or contact with another vessel or object to the vessel owner's management company and, if required by law, to the U.S. Coast Guard.
4.5 PRIVATE USE ENFORCEMENT.
The Captain acknowledges that this charter is for private recreational use only and shall not knowingly permit any commercial activity aboard the vessel.
4.6 SOBRIETY.
The Captain shall not operate the vessel under the influence of alcohol or any controlled substance. The Captain may refuse to depart or may return to port if any passenger's behavior poses a safety risk.
5. Independent Contractor Status
5.1
The Captain is an independent contractor and not an employee, agent, or representative of the vessel management company or the vessel owner. Nothing in this Agreement shall be construed to create an employer-employee relationship between the Captain and any party other than as expressly stated herein.
5.2
The Captain is solely responsible for all federal, state, and local income taxes, self-employment taxes, and any other taxes or contributions arising from compensation received under this Agreement.
5.3
The vessel management company shall have no obligation to provide workers' compensation, unemployment insurance, health insurance, or any other employee benefits to the Captain.
6. Liability and Indemnification
6.1
The Captain shall indemnify and hold harmless the Charterer from any claims arising out of the Captain's gross negligence or willful misconduct during the performance of services under this Agreement.
6.2
The Charterer shall indemnify and hold harmless the Captain from any claims arising from the Charterer's or guests' actions, misconduct, or violation of the terms of the Charter Agreement.
6.3
The vessel management company and the vessel owner are expressly excluded from any liability arising under this Captain Services Agreement.
7. Governing Law
This Agreement shall be governed by the laws of the State of Florida and applicable federal maritime law. Any disputes shall be resolved by binding arbitration in Miami-Dade County, Florida.
8. Signatures
By signing below, both parties confirm they have read and agree to all terms of this Captain Services Agreement.
|
CAPTAIN (Independent Contractor)
{{ captain.name if captain else '______________________________' }}
{% if captain and captain.license_number %}
License No.: {{ captain.license_number }}
{% endif %}
Date: ___________________________
Captain's Signature
|
|
CHARTERER (Client)
{{ charter.charterer_name }}
ID / Passport No.: _______________
Date: ___________________________
Charterer's Signature
|