OWNER/LICENSOR: Margaret Louise Ammeson (St. Joseph Boat Rentals)
PONTOON MC#: MC 0188 UZ
CHARTER AREA: St. Joseph River below the Berrien Springs Dam and Lake Michigan. No farther than two miles from The St. Joseph Lighthouse on Lake Michigan.
TERMS AND CONDITIONS
The Charter does not include the services of a Captain or Crew or use of on-board sports
equipment. Children are always to be under the direct supervision of an adult in the Charter party
and not the responsibility of the OWNER.
1. DELIVERY The OWNER agrees to deliver the yacht at Eagle Pointe Marina, Saint Joseph, MI in
proper working order, having all licenses required for any jurisdiction within the area of Charter,
equipment, inclusive of that required by law, and in clean and good condition. unless caused by Force
Majeure or other unforeseen circumstance, in which case LICENSEE may cancel this Agreement. Any
Charter fees paid in advance shall be returned in full to the LICENSEE at the OWNER’s option without
further liability to the LICENSEE.
2. FORCE MAJEURE: Force Majeure is defined as any cause attributed to acts of GOD, accidents,
natural disaster, weather or other unexpected occurrences. No warranty is made as to the suitability of
weather with respect to this Charter. If weather threatens or is forecast to threaten the expected location
of the Charter, as determined by the OWNER its sole discretion, the OWNER shall have the option of
terminating or canceling the Charter anytime that it deems necessary. A refund will be provided
3. AUTHORlTY: LICENSEE warrants that he/she can operate the Pontoon and navigating the St. Joseph
river. While it is agreed the LICENSEE may determine the general movements and destination of the
Pontoon within the boundaries of this Agreement, it is understood that the OWNER may prohibit certain
locations due to obstructions, weather conditions and other pertinent matters.
4. RESTRICTED USE: LICENSEE agrees that the Pontoon shall be employed exclusively as a pleasure
vessel for the sole and proper use of himself, his family and guests during the term of this Charter, and
shall not transport merchandise, or carry passengers for pay, or engage in any trade, nor in any way
violate the Laws of any Government within the jurisdiction of which the yacht may be at any time, and
shall comply with the law in all other respects.
5. INSURANCE: The OWNER agrees to keep the yacht fully insured against fire, marine and collision
risks and with protection and indemnity coverage for the full term of the Charter period. The LICENSEE
shall not be liable for any loss or damage covered by and reimbursed to OWNER by such insurance
(LICENSEE shall be responsible for deductibles.
The OWNER shall not be held responsible for loss or damage to personal property or for any injury
suffered by the LICENSEE, or any member of his party, during the term of this Charter, regardless of
whether any such loss or injury occurs on board the yacht or elsewhere. More specifically, but without
limiting the foregoing, the OWNER accepts no responsibility or liability for accidents, injuries or death
related to the Pontoon or the Charter, or allied equipment, whether supplied by the OWNER or
LICENSEE.
6. ACCIDENTS: The OWNER agrees that should the yacht, after delivery, sustain breakdown of
machinery, or be disabled, so as to prevent its use by the LICENSEE for a period of one (1) hour or
more, none of the above being brought about by any act or default of the LICENSEE, the LICENSEE shall
have the right to terminate the Charter. The OWNER shall make a pro rata return of all Charter fees to the LICENSEE from the time of such breakdown or disablement.
7. DRUGS AND OTHER ILLEGAL ACTIVITIES: The use, transportation, or possession of illegal drugs or
narcotics or of any other contraband, or the participation in any other unlawful activity is strictly
prohibited The participation in any of these activities by LICENSEE, or by any guest of the party
constitutes a breach of the Charter and shall be cause for immediate termination of this Agreement
without refund of any payments made by OWNER. LICENSEE will be held responsible for any loss or
damage to the yacht due to any such violations and will be put ashore at the next port of call.
8. DISPUTE RESOLUTIONS: Should the OWNER and LICENSEE be unable to reconcile any
differences that may arise with respect to the Charter or this Agreement, such dispute shall be
submitted first to mediation before a mediator mutually agreed upon by the LICENSEE and the
OWNER, with the cost thereof divided equally between the parties
9. VENUE: The venue of any action arising from this Agreement shall lie exclusively in the Courts of
Berrien County, Michigan, unless another place is mutually agreed upon, and both parties shall submit
to the jurisdiction of such court
10. EXECUTION OF AGREEMENT: The OWNER and LICENSEE, whose signatures need not be
affixed to the same copy of this AGREEMENT, may transmit the Agreement by facsimile or other
electronic means. The separately signed Agreement, and/or copies thereof, shall constitute a binding
Agreement between the OWNER and the LICENSEE.
This Agreement and deposit must be signed, returned and delivered to the OWNER, and may be
returned via electronic means to the delivery address provided. Until received, the OWNER has the
right to cancel without penalty.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the date written below and
have initialed each page of the Agreement
OWNER
Signature ___________________ Date: ___________________
St. Joseph Boat Rentals, by: Margaret Ammeson
Signature ____________________________________ Date: ___________________
Charter Agreement Complete