This Document is legally binding and designates Captain Dave Subers as the vessel Owner’s Captain for the purpose of relocating the vessel as outlined in this document AND Limited POWER OF ATTORNEY FOR NAVIGATING THE YACHT/VESSEL.
This agreement is made and entered into on the _____ Day, of the ______ Month, 2019 between
Phone Numbers: (H)___________________(C)____________________
M/V M/Y S/V P/V: ____________________________ (Vessel Name)
State/Federal Documentation number:________________________
Make and Model:____________________________ Length:____________________________________ Draft/Beam:_________________________________ Bridge Clearance:___________________________
Main Engines:_______________________________ Fuel Capacity and range:_____________________
Cruising Speed@ RPMs and GPH:____________
Captain Dave Subers, USCG #995865, c/o Trusted Yacht Delivery, located at 4726 SE Capstan Avenue #5b, Stuart, FL 34997, USA
Departing on or about: ______________________ From the port of:____________________________
Delivered to the port of:_______________________ ____________________________________________
Assuming command of the vessel for the sole purpose of moving her on her own hull from one port to another as designated by the owner. The sailing route will be at the sole discretion of the Captain and he/she reserves the right to deviate from the proposed route if necessary for any reason.
I estimate a total of 00 days to complete the 0000-mile passage.
The delivery fee for the above outlined delivery shall be $000 + expenses to complete the delivery for the Captain and all crew necessary.
Should it become necessary to stop during the passage to wait out bad weather or take care of a breakdown, it is agreed that any layover days caused by weather, mechanical failure, high water/seas, river and/or lock closures or other Acts of God incur no additional expense. The owner will still be responsible for any expenses incurred by the crew during any lay days.
The delivery fee shall be $000/day + expenses for the Captain and $000/day + expenses for the Mate, Engineer or deckhand. Captain shall provide Mate, Engineer or deckhand unless vessel owner/agent agrees to perform all duties expected of Mate/Engineer or Deckhand or provides their own compensated Mate/Engineer or Deckhand based upon selective conditions set forth by the Captain.
The above rate will be charged on days necessary to travel to and from the vessel, which includes prep, provisioning and refueling the day prior to departure.
Should it become necessary to stop during the passage to wait out bad weather or take care of a breakdown, it is agreed that any layover days caused by weather, mechanical failure, high water/seas, river and/or lock closures or other Acts of God shall be billed at the above agreed daily rate. The owner will also be responsible for any expenses incurred by the crew.
RATES & CONDITIONS:
Unless otherwise agreed, new clients or first time deliveries shall also provide a payment made payable to the Captain for 1/2 the total anticipated delivery fee to be returned with this signed agreement. Said payment will then be held as security and deducted from the total amount due upon completion of delivery. Vessel’s owner/agent also agrees to provide for all transportation charges incurred by the delivery crew to and from the point of departure and return to domicile in Stuart, FL.
Owner understands the Captain and crew will cover as many miles as safely possible during daylight hours, but night running may occur if a situation is brought about by mechanical problems or lockage delays either upstream or downstream of the nearest suitable marina or overnight anchorage. Additionally, night running may also occur to include crossing large bodies of water (Great Lakes, Gulf of Mexico, open seas) in order to take advantage of favorable weather and sea conditions, or with prior oral or written approval by the owner provided the vessel is equipped with GPS, Chart plotter and radar.
A Visa or Mastercard credit card in good standing shall be furnished by the owner with a notarized letter of authorization for the Captain’s use for en-route expenses. These expenses include but are not limited to fuel, dockage, repairs, services, and food provisioning in transit and ashore. A detailed accounting of expenses for all credit card charges and cash expenditures will be submitted by the Captain at the conclusion of the trip, and any out of pocket funds due the Captain/Crew will be made prior to their departure from vessel. In the event any vendor while underway declines the above supplied credit card, said trip shall be considered terminated at the point of declination. (See Early Termination)
The Captain shall also maintain the vessels daily trip log (The Ships Log) detailing all activities to include hours of operation, position reports, locking delays, equipment failures, etc. In addition, fluid levels will be checked and logged daily, along with notations that may reflect any deterioration in the vessel’s performance or seaworthiness.
Necessary insurance coverage shall be provided by the owner of the vessel in the form of a certificate or underwriters letter naming the Captain and Mate/Engineer/or Deckhand as additionally insured. Coverage shall include public liability and property damage to cover any contingency including but not limited to damage to vessel or injuries to the Captain or crew. It is also understood that the Captain and Mates/Engineer or Deckhand will not be held responsible for normal wear and tear, acts of war, piracy, government insurgencies or counterinsurgencies, including damage to vessel, crew or passengers caused by faulty navigational equipment, improperly placed or missing navigational aids, uncharted underwater obstructions, or for termination of the voyage caused as a practical matter there from.
All obligations of the Captain under this agreement will become null and void if the said vessel is engaged in any illegal activity or violation of the Zero Tolerance government regulations regarding transportation or use of illegal drugs or smuggling on board. The
Captain and Crew will uphold the law, report such activities and support the authorities conducting any investigation whether on land or on the high seas.
It is also agreed that if the services of the Captain and/or crew are terminated by the owner prior to the successful completion of the trip, said crew will be paid for all days worked up to and including the day of termination, plus the travel days, along with necessary airfare for crews to return to domicile. It is also agreed that if (during the course of the voyage) credit cards are refused for any reason or the Captain determines the vessel is not seaworthy or conditions exist that are deemed not suitable for continuance or may result in a “vessel not under command” situation, Captain may execute his command authority to terminate the voyage. Accordingly, the crew will be paid for all days worked up to and including the day of termination, plus the travel days, along with necessary airfare for crews return to domicile.
The following inspection checklist is provided to assist the owner/agent in preparing the vessel for transit. Upon dockside arrival, the Captain will use the aforementioned checklist to inspect the vessel to determine its seaworthiness and to verify compliance with necessary Coast Guard requirements and CFR’s for that particular vessel. If the Captain determines the vessel is not seaworthy or does not meet minimum CG requirements, he will state his reasons in writing on the checklist to the owner/agent. Accordingly, if the owner/agent fails to address the noted deficiencies in a timely manner, the crew will be paid for all days worked up to and including the day of termination, plus travel days, along with necessary airfare for crews return to domicile.
The Owner must represent the vessel to be seaworthy and carry all current registration, documentation and insurance papers.
If upon initial inspection or en route (underway), mechanical, electronic, electrical failure, loss or damage occurs or has occurred to said vessel or it’s equipment which, in the Captains’ judgment, hinders her ability to make or continue a safe voyage, the Owner must correct it, or authorize corrective action, at the Owner’s expense.
Also expected on board will be multiple sets of fuel filters for the main engines and genset(s), along with at least four one gallon containers of oil normally used in the main engines and one gallon of oil for the genset(s). The vessel must also carry the necessary tools to maintain simple repairs and maintenance while underway, to include spare bulbs, belts, etc. Vessel shall also carry ample supply of bed linens, cooking utensils and cleaning supplies, along with deck cleaning supplies and equipment to support the delivery, and as conditions allow, the crew will wash down the vessel to remove accumulated salt spray, diesel exhaust soot, or other harmful agents. Vessel shall also carry all charts, navigation instruments, binoculars, hand-held VHF radio, etc., as necessary to complete the trip over waterways specified above.
The Captain in not responsible for normal wear and tear, nor for equipment failure under prudent operation consistent with established practices, nor for loss resulting from acts of God (ex lighting, hurricanes etc). The Captain is not responsible for losses due to acts of war, piracy, government’s actions, or insurgencies, nor for damage to the vessel or injuries to the crew, nor for the termination of the delivery caused by practical consequences from any of the above.
DELIVERY AGREEMENT ACCEPTANCE:
The Parties hereby agree to the conditions stated herein as subscribed below:
Owner Name (PRINT)____________________________________
Owner Signature ________________________________________
Captain’s Name (PRINT)__________________________________
Captain’s Signature _______________________________________
ACCEPTANCE OF DELIVERY & RELEASE FROM OBLIGATION AND/OR RESPONSIBILITY M/V ________________________________________ has been delivered, inspected and found to be in acceptable seaworthy condition. All expenses have been duly verified and owner has paid all charges for services rendered and expenses encountered during the delivery trip. The Captain and Mate/Engineer or Deckhand are hereby released from any further obligation or liability.
Owner/Agent: _________________________Date:________________ Captain: _____________________________Date:________________
Please make checks payable to: David Subers