Here's something that might help others in similar situations. Anyone sailing on board with us is informed they will be required to agree to the terms before departure. Along with some other information it is emailed to potential crew before any agreements are in place. Friends and family
are also required to agree to these terms. This process should have resolved the OPs problem we'll beforehand. Feel free to cut/paste/edit for your own use. ( legal
disclaimer : this form may or may not be legal
in your particular location or situation. Seeking legal advice for your particular situation is advised )
CREW AGREEMENT SV SEPHINA
YACHT: Sephina (here after referred to as "the Yacht")
VOYAGE FROM: ______________________________
This agreement is designed to anticipate problems that might occur while aboard, both at sea or coastal cruising, and thus, avoid them. It is designed to protect both the skipper/owner and those who join him. To facilitate inquiries, should anything go wrong, a copy will be sent to the skipper's representative before departure; and I suggest that you send a copy to someone you deem appropriate. It is wise to inform someone at home of your plans.
on Sephina works best when all are considered equals. You will be consulted, when appropriate, as a part of decision making, but you must be also willing to share all work, difficulties and dangers. In completing this agreement YOU TAKE FULL RESPONSIBILITY FOR YOUR DECISION TO JOIN, and agree that you are willing to accept all that may come your way. There have been no inducements or promises or consideration that is not fully described in this agreement.
The skipper hereby declares his belief that the boat is properly equipped and prepared for the planned voyage, and that he is fully competent to manage, alone or with crew. He invites the crew to test this statement in any way they wish - by their own inquiries and judgement, or with the help of others. When you sign this you agree that you have full investigated and found that the boat is properly equipped and that the skipper is capable, fit and competent. You understand and agree that I am the captain and you must obey all lawful orders.
The boat has a well equipped medical kit, and a powerful radio
with which emergency
help may be obtained. However, you must take full responsibility for any current
or past medical conditions that may recur, or any medical or health
problems that may occur during or as a result of this trip. Make sure that you have ample medication for at least twice as long as the expected passage
. You must inform the skipper of any potentially serious conditions that could affect safety
at sea. Give details below of any known drug allergies, conditions that might recur, and current
(mark "NONE" if none)_____________________________________________
may help save your life.
List details of your medical insurance
, if any and all contact details:
Apart from spoiling your trip and making it harder for others aboard, seasickness can be dangerous, even fatal. Unless you know, from extensive experience, that you will not be affected, you must have, and be willing to use, reputable seasickness treatment. This is your responsibility.
_________ (initials, crew) ___________ (Initials, skipper)
PASSPORTS, VISAS AND REPATRIATION:
When you enter another country you may need to have a passport and visa, and be able to prove you can get yourself out of the country (other than by yacht) to another country to which you have full right of entry. The simplest way is to have an air ticket, or to carry sufficient cash to cover one. Credit cards are of no use in some countries. You are responsible for this and you understand that you may be asked to furnish proof to the skipper on boarding, and deposit with him your passport, air ticket or cash in lieu.
You understand that should you leave the yacht, for whatever reason, at a port other than that to which you had agreed in this agreement, you will be responsible for all your own travel and related costs. You also understand and agree that if you are asked to leave the yacht for reasons of lack of competence, inappropriate behaviour, crew incompatibility, illness, or the inability to carry out required tasks, which, in skipper's opinion, is endangering the safe operation of the yacht, you will also be responsible for all your own repatriation costs. However, in this event, the Skipper will take all reasonable measures to disembark you at a suitable port along the intended route
, from which you can arrange your travel home.
Keeping a cruising boat in safe condition requires work on repairs
, and this is an obligation to be shared by all aboard. Good crew looks for ways to help, and taking part will make you feel involved. As a guide you should be willing to put in about a half an hour a day, plus half a day per week, on maintenance or and repair to the boat. This does not include domestic work, in which you will also be required to share.
You may be required to contribute a daily amount to cover your cost aboard. To help avoid disagreements, all arrangements and all transactions must be recorded, at the time they are made, in this document initialled by both parties. You agree that at any monies you pay toward your own costs is not for any charter
fee or passenger fee for the benefit of the boat or its owner or the skipper, but only for your own costs.
Costs per day: (no greater than) $__________________ initial_______
Passport Place and date of issue_______________________________
Passport expiry date_________________________________________
(Provide two (2) copies of the issue page(s) of your passport, and provide information from the passport: number, issue place , date of issue, expiration date, home address; and next of kin's full name, address and telephone number and an alternative contact.)
(initials, crew) ___________ (Initials, skipper) ___________
I have completed the above details fully and honestly, and have volunteered any further information I am aware of that may affect the safe enjoyment of the proposed voyage by all aboard. I do not have any illegal drugs or weapons in my possession, and will immediately inform the skipper if I become aware of any on board, or anyone trying to bring such items aboard. I declare, by written statement on this agreement, details of any convictions, in any country, for the involvement with illegal drugs or weapons. I will not carry any packages for any third party on the boat without first requesting permission from the skipper. I accept that the skipper may change his plans, and will not hold him responsible for transportation to the original destination
, should that not be reached by Sephina
I will make myself familiar with the location and operation of all safety equipment
aboard the boat. I will seek to learn all aspects of seamanship by reading appropriate manuals
and book aboard, and by asking help from the skipper and others. The responsibility is fully mine to learn and to ask to be taught any skills that I need for safe operation of the boat. If there is anything happening aboard the boat about which I am uncomfortable, I will discuss it with those concerned as soon as possible in order to avoid irreversible resentments that may spoil the atmosphere for all aboard. If the skipper is held responsible for bailing me out of trouble if I transgress local laws and customs
, I agree to fully reimburse any cost incurred; and to compensate him for the time lost
for every day of delay my action may cause. I take full responsibility for any requirements and cost relating for my entry and exit in countries to be visited by the boat. I agree to share all work aboard, and obey all orders given to me relating to the safe conduct of the boat, at all times.
I am aware that there are risks that I will face in this voyage, and take full responsibility for my decision to join the crew.
I, or my heirs, next of kin, legal representatives, successors and assigns, and in consideration of the acceptance as a crew member
of the yacht, do hereby waive any and all claims which I may have against Robert Monteith or any other duly qualified and authorized captain appointed by him, arising out of, or in any way connected with, my participation as a members of the crew of the yacht, and understand and agree that, as a member of the crew of said yacht, I have no recourse or claims of any kind against Robert Monteith and shall hold him harmless against all consequences of my participation as a crew member aboard the yacht.