Captain James Lowe
USCG. Ref #2874024
PO Box 374
Christmas, FL. 32709
Yacht Crew Delivery Contract Date: _________________
This Document is legally binding and designates Captain James Lowe as the vessel Owner’s Captain for the purpose of relocating the vessel as outlined in this document.
Vessel Documentation Name:
Description of Service:
You are hiring a boat crew and paying a daily rate to relocate a vessel
from departure ______________________ to destination _________________________
average 12 hours a day sailing times
Estimated Mileage ____________
Boat Speed according to owner ________________
Minimum number of days booked for crew ____________
Total number of crew requested ______________
Captain Daily Rate $_____________
Deck Hand #1 Daily Rate $_____________
Deck Hand #2 Daily Rate $_____________
Deck Hand #3 Daily Rate $_____________
Deck Hand #4 Daily Rate $ _____________
Engineer Daily Rate $ _____________
Steward Daily Rate $ _ ____________
Provisions Daily Rate $ _____________
Total Daily Crew Rate $______________
Owner- the owner of the vessel or legal representative of vessel owner
Captain- Captain James Lowe
Crew- is any Deckhand/Mate/Engineer/Steward and are employees of Captain James Lowe
Sailing times- the time the crew is actively working for the owner
The Owner shall pay Captain James Lowe the agreed daily rate as agreed from the time of departure from Orlando Florida until his return to that base. Fractional days will be rounded to the half daily rate. Travel days will be billed at half of the crews agreed daily rate. The Owner, as described in Article 1 of this contract, will pay travel expenses. The Owner will pay food and Provision costs for the entire term of the delivery.
In the event of a mechanical or gear failure requiring a layover for repair of more that six hours, layover time will be billed at 75% daily of the agreed daily rate. In the event of a layover of more than six hours due to severe weather, delay time will be billed at 75% of the agreed daily rate. The owner will be responsible for the cost of any repair or maintenance required to complete the voyage.
An itemized statement of travel expenses, vessel expenses, and other delivery costs will be presented at the completion of the delivery. All fees and expenses are due upon presentation of the statement. Final payment is balance due at the completion of delivery or termination of our services for any reason including vessel breakdown or alteration of destination.
A). A deposit in cash or certified funds amounting to $______ will be paid prior to Captain James Lowe's departure to the vessel. Any remaining fee will be paid upon presentation of the itemized statement of delivery expenses at the completion of delivery.
Payment of deposit constitutes acceptance of this contract estimate in lieu of signing
All payments will be in U.S. dollars by wire transfer, certified funds or cash or credit card.
Preferred payment type would be cash or wire transfer.
If the completion of the delivery requires more time than the original estimate, overtime days will be paid at the agreed daily rate established above along with the agreed daily food and provision rate. If the delivery requires fewer days than the original estimate, the final statement will be adjusted accordingly and Captain James Lowe will promptly return any overpayment by the Owner.
B.) Crew members required in addition to Captain James Lowe will be retained by Captain James Lowe. Captain James Lowe will have the responsibility of recruiting adequate Mate and Crew members. Captain James Lowe will be responsible for the wages of the Crew members
Article 1 -
DELIVERY- 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, excepting locations off limits to U.S. citizens. The sailing route will be at the sole discretion of Captain James Lowe and Captain James Lowe reserves the right to deviate from the proposed route if necessary for any reason.
EXPENSES – Travel Expenses of Captain James Lowe and Crew are defined as all costs of travel from Orlando, Florida to the location of the vessel, to include airfare, auto rental, Uber, Lyft, fuel, meals, tolls, and Ground transportation including trains, taxis, shuttles, and buses, return transportation from the destination point back to Orlando, Florida.
Expenses of the Vessel are defined as: fuel, lubricants, dockage and tips to dock hands, customs and port fees, sailing permits, repairs or maintenance necessary to the completion of the delivery, and purchases by Captain James Lowe of any equipment required to comply with prevailing U.S. Coast Guard or local regulations.
Provisions: of Captain James Lowe and Crew include provisions to be billed at a daily rate set forth in this contract. And include but not limited to Fresh bottled drinking water, Ice, Food for crew, includes item such as paper towels, toilet paper, trash bags, sun block, In the event that food preparation or storage is unavailable then the owner would be responsible for meals at a restaurant.
Adequate berthing quarters will be available to the Captain and crew for the duration of the delivery. If the vessel is not equipped with sleeping quarters then the owner would be responsible for hotel / motels fees
Article 2 – Owner Operation of Vessel:
If the Owner of the vessel chooses to ride along with Captain James Lowe as part of crew he or she will be expected to act as part of the crew and follow instruction of the captain, Should the owner be unwilling to operate the vessel in a safe and courteous manner or fail to follow the legal rules of the road then Captain James Lowe has the right and responsibility to terminate the voyage, and be compensated in full for all days booked for entire crew.
If the Owners choose to ride along as passengers and would like a crew member to wait on them then this should be stated up front and a Steward will be added to crew list to tend to the owners needs.
Article 3 - Inspection of the Vessel:
Safety of the Vessel and of the Crew is the primary concerns of Captain James Lowe. Upon arrival at the vessel, Captain James Lowe will make an inspection of the Vessel, her gear, equipment, and compliance with U.S. Coast Guard and other applicable regulations. If any condition is discovered which, in the opinion of Captain James Lowe, renders the Vessel unsafe for the intended route of the delivery, the Owner will be notified and the departure will be delayed until all such matters
are resolved. If the owner chooses not to correct the unsafe condition or to authorize his agent to correct the unsafe condition, the delivery will be terminated and Captain James Lowe and Crew will return to their home base. In the event of a delivery aborted due to an owners unwillingness to correct an unsafe condition, time from the home base to the Vessel, time spent inspecting the Vessel, and time spent on the return trip to home base will be billed at twice the agreed daily rate plus travel expenses. If any funds remain on deposit Captain James Lowe will promptly return it to the Owner. If, during the course of the delivery, failure or damage to the yacht or failure or damage to equipment or systems which would hinder the Vessel's ability to continue or make a safe voyage occur, the Owner must correct or authorize the correction of such circumstances at Owner's expense. The voyage may be terminated by Captain James Lowe if, in Captain James Lowe's judgment, the vessel is unsafe for the intended route. Captain James Lowe will secure a berth for the Vessel at the Owner's expense. Captain James Lowe will be paid the agreed daily fee and travel expenses through return to his home base. Any funds remaining from the initial delivery deposit which are in excess of the amount due Captain James Lowe will be promptly returned to the Owner by Captain James Lowe.
Article 4 - Marine Insurance:
The Owner will provide a copy of a marine insurance policy with documentation designating Captain James Lowe and Crew as additionally insured parties to cover possible liabilities including, but not limited to, damages to the vessel, expenses related to injuries to Captain James Lowe or Crew, public liability and property damage.
Article 5 - Loss or Damage / Hold Harmless:
Captain James Lowe and crew is not responsible for normal wear of the Vessel, her gear or equipment, nor for any failure of the Vessel or equipment while under prudent operation in a manner consistent with established practices, nor is Captain James Lowe responsible for losses or damage due to piracy, war, government actions, acts of God including storms, winds, lightning, or other natural phenomena including shoaling. Captain James Lowe is not responsible for damages from unseen or floating or semi floating objects.
Article 6 – Booking Cancellation:
If for any reason other than weather or mechanical break downs the Owner terminates this contract early then the vessel owner agrees to be responsible for paying one half of each of captain and crew members agreed daily rates for every for every day terminated early along with return travel and expenses and expenses.
Article 7 – Disputes:
A Court of competent jurisdiction in Orange County, Florida shall decide any dispute or claim arising from this contract. The cost of any legal action, including reasonable attorney fees, necessary to collect monies due Captain James Lowe from the Owner under this contract shall be borne by the Owner.
Notice to Owner a Non Payment of crew services would result in a Maritime lien placed against vessel pursuant to 46 U.S.C.
United States Code, 2009 Edition Title 46 – SHIPPING Subtitle III - Maritime Liability
CHAPTER 313 - 46 U.S.C. 31301-31343
Article 8 – Illegal Activities:
It is understood that no illegal drugs or contraband of any kind be neither allowed onboard nor will there be consumption of alcoholic beverages by crew including Owner if acting as a crew member while the vessel is underway making way.
Article 9 – Smoking:
Captain James Lowe is a non-smoker.
No smoking will be allowing inside the vessel by either the crew or by any service personnel smoking will only take place in designated areas on an outside deck area of the vessel.
Article 10 -Ocean times
Transits across large bodies of water requiring round the clock sailing will be billed at 1 and half times the agreed daily rate for only the days of 24 hour a day transits
Article 11 –Sailing times
For Safety of the vessel and crew and passengers and compounded by lack shore side support during off hours we try to sail mostly during daylight hours. Sailing times are also directly dependant on distances between inlets, marinas / fuel stops, anchorages and moorings. And may also be affected by lock and bridge opening schedules.
Article 12 – Firearms
Presence of firearms must be disclosed to captain for inspection
Article 13 – United States and Foreign governments
Customs and Immigration
All Vessels while under the command of Captain James Lowe will follow to the letter of the Law all entry and exit conditions as required by said country, this includes US and Bahamas.
Itemized Breakdown of Cost
This is an estimate of time and is contingent to the actual speed of the boat regardless of wind or currents
______ days @ 12 hrs a day is reasonable depending on weather
approximate Mileage _______divided by speed _________ = ________ sailing hours
_____ hours divided by 12 hrs days is =______ days
1 Captain at $_____ a day
1 deckhand @ $____ a day
2 travel days at ½ daily rate= $______
Crew for ______days = $_______ a day = $________
#_____ travel days at ½ daily rate
Car rental 1 way to ______________ = $________
Return Travel $ _______
1st deposit required $___________
Estimate of Final Payment contingent upon travel and expenses = $__________
Unless otherwise specified the final payment is balance due including travel and expenses on completion of delivery or termination of our services for any reason including vessel breakdown or alteration of destination, and is due at the time service is rendered
Payment of deposit constitutes acceptance of this contract estimate in lieu of signing
Captain James Lowe