This page contains affiliate and referral links. If you charter, book, or buy through them we earn a referral fee, paid by the broker or platform, at no cost to you. We have not adjusted our rankings for the referral rate. Full breakdown on our how we make money page.
The standard MYBA charter contract is 11 pages, was last revised in 2020, and is signed unchanged on the large majority of charter contracts above $250,000 per week. It should not be. The form is the starting point. Eleven specific clauses are routinely renegotiated by experienced charter brokers on behalf of clients, and the gap between the signed-as-printed version and the renegotiated version is worth between 4 and 12 percent of the contract value on the typical $500K week. The clauses below are the ones to address before the contract goes to the owner for countersignature.
This page assumes you have already read our APA explained and how to read the MYBA charter contract pages. If you have not, start there. This page is the negotiation overlay, not the contract walkthrough.
How the negotiation actually works
The charter contract is between you, as the charter client, and the owner of the yacht, represented by the central agent. Your broker (the broker who introduced you) negotiates on your behalf with the central agent. The central agent then takes the proposed redlines to the owner. A small redline goes back same day. A large redline takes 48 to 72 hours. The point at which the owner pushes back is the point at which you find out what the price is for the version of the contract you want.
The 11 clauses below are in the order we renegotiate them. Start with the delivery clause. The rest fall into place from there.
No. I, Delivery clause
The MYBA form says the yacht will be delivered at the agreed time and place in the agreed condition. The form does not define "condition" with any precision. The renegotiated version should specify three things. The crew on the yacht at delivery is the crew named in the brokerage memo, by name, with the captain and chief stew explicitly listed. The mechanical condition is operable on all major systems, including at-anchor stabilizers, main AC, both generators, and the tender package as listed. The cosmetic condition is the condition documented in photographs delivered to the charter client within 30 days of signature.
If the central agent will not name the captain in the contract, walk. The captain on month 11 problem we wrote about on the yachts to avoid page is the captain who is not named in any contract.
Likely give from the owner side. The contract names the captain. The owner will not agree to a financial penalty for crew change between signing and delivery unless the change is within 30 days of delivery, in which case a partial rebate is reasonable.
No. II, APA cap and recovery clause
The MYBA form sets APA at 25 to 35 percent of the contract value, by negotiation. The form does not cap the captain's discretion within the APA, does not define what happens if the APA is exhausted mid-charter, and does not specify the recovery accounting at the end of the trip. The renegotiated version should fix all three.
Cap the captain's single-line discretionary spend without client approval. A reasonable cap on a $500K week APA of $150K is $5,000 per item. Above the cap, the captain calls or texts. Specify what happens if the APA is fully drawn before the trip ends. The standard is that the captain calls for a top-up. The renegotiated version should say the top-up is no more than 20 percent of the original APA without prior written approval, and that any further top-up requires client signature. Pin the accounting. Receipts in the recovery file should be itemized and dated. The recovery file should be delivered within 21 days of disembarkation. Unaccounted spend over $1,000 is refundable.
Likely give from the owner side. The captain's discretionary cap is normal. The top-up cap is normal. The 21-day recovery file is normal. The refund of unaccounted spend over a threshold is the negotiating point. Many owners will agree to $2,500 instead of $1,000.
No. III, Cancellation clause
The MYBA form has a sliding cancellation schedule that escalates as the charter approaches. By the 28-day window, the client is generally on the hook for the full contract value. By the 14-day window, the client is unrecoverable. This is too binary for charters at the top of the rate range.
The renegotiated version should add three carve-outs. Owner-side cancellation due to mechanical failure or vessel condition refunds the full contract value plus a defined inconvenience payment, typically 5 to 10 percent of the contract value. Owner-side cancellation due to itinerary impossibility (the destination becomes inaccessible) triggers a substitution clause (see No. VIII) before triggering a refund. Force majeure (see No. IX) suspends the cancellation schedule rather than triggers it.
Likely give from the owner side. The owner will agree to the mechanical-failure inconvenience payment if you press. They will agree to substitution before refund as standard practice. The force majeure suspension is uncommon as a written clause but is industry practice. Get it in writing.
No. IV, Itinerary change clause
The MYBA form gives the captain authority to change the itinerary for safety. The form does not specify what happens when the change is for the owner's convenience, for example a port reposition required for a subsequent charter, or for the captain's preference. The renegotiated version should specify that any non-safety itinerary change requires client written approval, and that any captain-initiated reposition that affects more than four hours of contracted cruising time triggers a credit at the contract day-rate.
Likely give from the owner side. The owner will agree to the written-approval clause as a courtesy. The four-hour credit is the negotiation. A reasonable compromise is six hours.
No. V, Water sports and tender clause
The MYBA form lists what is included as a schedule, typically Schedule B. The schedule is often incomplete. The renegotiated version should list every tender by build year and length, list the water sports kit by item and condition, list the dive package if applicable with certification level, and list the helicopter operations if applicable with the touch-and-go or certified-pad designation.
Anything not on the schedule is not on the yacht for your charter. If the brokerage memo says SeaBobs and the schedule does not, the SeaBobs were sold off-season. Pin the schedule.
Likely give from the owner side. Itemization is normal. The negotiation is on tender age. If the tender package is older than five years and was photographed as newer, ask for a replacement tender to be added to the package at owner expense.
No. VI, Crew gratuity clause
The MYBA form expresses gratuity as "customary, at the client's discretion, typically 5 to 15 percent of the contract value, paid at the end of the trip in the local currency." This is correct as a description and incomplete as a clause. The renegotiated version should specify three things. The gratuity is paid to the captain for distribution to the crew, not via the central agent. The gratuity is not part of the contract value for the purpose of broker commission calculation. The gratuity is not refundable if the trip is cut short for owner-side reasons (the crew worked the days they worked).
Likely give from the owner side. All three are standard practice. The clarification is for your protection, not the owner's give.
No. VII, Captain authority clause
The MYBA form gives the captain final authority for the safety of the yacht. The renegotiated version should specify that this authority does not extend to commercial decisions, that the captain is required to consult the client before any non-safety operational decision that affects the trip, and that any captain decision to refuse a guest, refuse a guest's behavior, or end the charter early on conduct grounds is subject to a 24-hour escalation to the central agent and the client's broker.
Likely give from the owner side. Captains will resist the consultation clause. Push. The captain has the final word on safety, full stop. On everything else, the client has paid for the trip.
No. VIII, Substitution clause
The MYBA form does not require the owner to substitute another yacht if the contracted yacht is unavailable. The renegotiated version should require that, in the event of owner-side unavailability, the central agent will offer a substitute of equivalent or better specification at the contract rate. If no acceptable substitute is available, the cancellation schedule applies as renegotiated in No. III.
Likely give from the owner side. The central agent will agree to "use reasonable efforts to identify a substitute." The negotiation is on whether the client is required to accept a substitute. The answer should be no. The client retains the right to refuse and trigger the cancellation refund.
No. IX, Force majeure clause
The MYBA form has a force majeure clause that excuses both parties. The 2020 revision added pandemic and quarantine to the list. The 2025 reality is that force majeure is invoked more often than it should be. The renegotiated version should narrow the definition to events that materially prevent the trip from happening, should require the central agent to document the event in writing within 48 hours of invoking, and should specify that force majeure suspends the contract rather than terminates it. If the event resolves within the contracted window, the trip resumes. If not, the contract converts to a credit for a future charter at the same yacht, valid for 24 months, with no rate uplift.
Likely give from the owner side. The 48-hour documentation requirement is reasonable. The credit conversion is the negotiation. Many owners will agree to 12 months without uplift, 18 months with rate review, 24 months only at top-tier rates. Push.
No. X, Dispute and jurisdiction clause
The MYBA form designates English law and London arbitration. The renegotiated version should specify the arbitration body (LMAA is standard), the seat (London), the language (English), the number of arbitrators (one for disputes under £500,000, three above), and the cost-shifting rule (loser pays).
Likely give from the owner side. All five are routine specifications. Owners will not push back. The reason to specify is that an ambiguous dispute clause invites delay, and delay favors the party in possession of the money.
No. XI, Confidentiality clause
The MYBA form does not include a confidentiality clause as standard. For high-profile clients, add one. The renegotiated version should specify that the crew, the central agent, and the owner do not disclose the client's identity, the itinerary, or the contract value to any third party, including yacht media, social media, or industry contacts. Breach triggers a defined liquidated damages amount, typically 5 to 10 percent of the contract value.
Likely give from the owner side. The clause is added if requested. Liquidated damages will negotiate down to 2 to 5 percent. Worth it.
The negotiation timeline
A standard sequence on a $500K Mediterranean week looks like this.
Day 0. Verbal hold on the yacht. Broker requests the contract. Day 1. MYBA form arrives from the central agent with Schedule B and a payment schedule. Day 2 to 3. Client's broker prepares the redlines, in consultation with the client. Day 4. Redlines go to the central agent. Day 5 to 7. Central agent reviews internally and takes material redlines to the owner. Day 8 to 10. Owner responds. Some redlines accepted, some negotiated, some refused. Day 11 to 13. Final form agreed. Counter-signed by the owner. Returned to the client. Day 14. Client signs and first payment is wired.
If the timeline runs short, the contract was signed without renegotiation. If the timeline runs long, the negotiation is happening. A 14 to 21 day window between hold and signature is normal for a peak-season week with full redlines.
What to do if the broker pushes back
Some brokers will tell you the MYBA form is not negotiable. They are wrong. They may also be lazy. If your broker will not push the redlines for you, the broker is not earning the commission. Find a broker who will. The compare charter brokers page lists the questions to ask a broker before engaging.
If you are direct with a central agent (no introducing broker), the central agent is on the other side of the negotiation. They will resist redlines because they are paid by the owner. You can still get most of the 11 clauses negotiated if you hold the booking position. The leverage is the booking itself.
FAQ
Can you really renegotiate a MYBA contract? Yes. The MYBA contract is the standard form. Material clauses are routinely renegotiated by experienced charter brokers on behalf of charter clients. The form has been negotiated tens of thousands of times since the 2020 revision. Anyone who tells you it cannot be renegotiated has not been on the broker side of a top-end charter in the last five years.
Which clause matters most on a peak-season Mediterranean week? The delivery clause. The yacht arriving on time, in the contracted condition, with the contracted crew is the foundation of the contract. Everything else negotiates around it. If the captain is not named, the rest of the contract is paper.
Should I use my own lawyer to review the MYBA contract? On charters over $500,000 per week, yes. Use a maritime lawyer or a charter contract specialist, not a general counsel. The MYBA contract has industry-specific carve-outs that a generalist will miss. The cost is between $3,000 and $8,000 and is recovered the first time the contract is invoked.
How long does the renegotiation take? 14 to 21 days from verbal hold to signed contract on a typical peak-week negotiation. Less if the owner is responsive. More if the central agent is slow or if the redlines are extensive.
Will the owner accept all 11 redlines? Some, not all. A reasonable expected outcome is that 7 to 9 of the 11 are accepted, two are negotiated to a midpoint, and one or two are refused. The refused clauses tell you where the contract risk sits.
Is APA renegotiation worth doing on a $250K week? Yes. The 25 to 35 percent range is the only contractual cap. On $250K, the difference between 25 and 35 is $25,000. The negotiation costs nothing and the cap matters at every price point.
What happens if I sign the form without renegotiating? The form is enforceable. Most charters complete without an issue. The risk is asymmetric. If something goes wrong, the unrenegotiated form puts the recovery cost on the charter client. The renegotiated form does not.