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Bareboat Charters: Things to Consider

By Amanda Ross & Steven Gendreau on February 11, 2022
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Bareboat CharterIn Florida, we are lucky to have a year-round boating season. However, with so many boats here in Southwest Florida, boat owners often look for ways to maximize their boats’ usage and, of course, their profitability. Boat owners can maximize profitability and limit liability by renting their boats under bareboat charter arrangements.

What is a Bareboat Charter?

A bareboat charter is a vessel that is leased by the owner to another person (a “charterer”) for a period of time without captain and crew. The person leasing the vessel is then responsible for the entire vessel’s operation and any captain and crewing requirements. For a valid bareboat charter, the vessel owner must completely relinquish “possession, command, and navigation” of the vessel.

Elements of a valid Bareboat Charter:

  1. The charterer must have the option of selecting and paying crew, although the owner may require general levels of proficiency for the crew that is retained based on federal statutes;
  2. The master/crew are paid by the charterer;
  3. All food, fuel, and stores are provided by the charterer;
  4. Insurance is obtained by the charterer;
  5. The charterer is responsible for the safe navigation of the vessel;
  6. The charterer may discharge, for cause, the master or any crew member without referral to the owner;
  7. The vessel is surveyed upon its delivery and return.

What are the benefits of a Bareboat Charter?

Vessel owners have a favorable opinion of bareboat charters because their liability is significantly reduced. Since the charterer becomes the de facto owner of the vessel for the duration of the charter, the charterer becomes responsible for collisions, personal injuries, Jones Act claims, and wages to the crew.

Likewise, for prospective charterers, Bareboat Charters have the added benefit of complete privacy. With no one but yourself and your friends and/or family on board, Bareboat Charters are the perfect private getaway.

Bareboat Charter Contract

Because the terms of a bareboat charter depend on a number of variables, it is imperative you speak with an experienced attorney to ensure your bareboat charter arrangements and agreements are properly prepared.

If you should have any questions or concerns regarding bareboat charters and their requirements, please feel free to contact us by email at amanda.ross@henlaw.com (239-344-1249) and steven.gendreau@henlaw.com (239-344-1105).

Photo of Amanda Ross Amanda Ross

Amanda focuses her litigation practice in the areas of transportation (automobile, marine, trucking liability), premises liability, negligent security, wrongful death, construction litigation insurance coverage defense and product liability. Prior to joining Henderson Franklin, Amanda worked in the Miami area and handled maritime and…

Amanda focuses her litigation practice in the areas of transportation (automobile, marine, trucking liability), premises liability, negligent security, wrongful death, construction litigation insurance coverage defense and product liability. Prior to joining Henderson Franklin, Amanda worked in the Miami area and handled maritime and admiralty defense, as well as vessel and yacht purchase and sale transactions. Amanda is fluent in both English and Spanish.

Amanda has received much recognition over her legal career, including being named by Florida Trend Legal Elite as a “Best Up and Coming” attorney (2008), by Super Lawyers as a “Florida Rising Star” (2011, 2014-2017), and by the South Florida Legal Guide as a “Top Up & Comer” (2014-2017).

Amanda is admitted to practice in all Florida state courts, the United States District Court for the Southern and Middle Districts of Florida, the United States District Court for the Eastern District of Michigan and the United States District Court of Puerto Rico, pro hac vice.

During college, Amanda was an active member of Phi Alpha Delta, pre law fraternity, and was a member of the Varsity Crew. She was awarded the Lynch Foreign Language Award and studied at the Universidad Cumplutense de Madrid.  Amanda went on to law school at the University of Miami School of Law. During law school, she worked with the University of Miami Athletic Department as well as the Miami Dolphins Legal Department.

Amanda is a volunteer for the Teen Court for Lee County and is an active member of the University of Miami Hurricane Club and Stetson University Alumni Board.

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Photo of Steven Gendreau Steven Gendreau

Steven Gendreau is a member of the Tort and Insurance Litigation team at Henderson, Franklin, Starnes & Holt, P.A. in Fort Myers, Florida. He handles various insurance defense claims involving premises liability, automobile, and personal injury matters. Steven also handles maritime law. He…

Steven Gendreau is a member of the Tort and Insurance Litigation team at Henderson, Franklin, Starnes & Holt, P.A. in Fort Myers, Florida. He handles various insurance defense claims involving premises liability, automobile, and personal injury matters. Steven also handles maritime law. He is admitted to practice in all Florida state courts.

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  • Posted in:
    Intellectual Property
  • Blog:
    Southwest Florida Business and IP Blog
  • Organization:
    Henderson, Franklin, Starnes & Holt, P.A.
  • Article: View Original Source

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