Crew Waiver Forms

[Wojo]

Hi all ,
Does anyone have a copy of a standard crew waiver release and indemnification form that you have used for taking on crew for an ocean crossing???

Or if you know where I can download a form.

Cheers

George

[Pelagic]

What are you specifically trying to achieve?

[GordMay]

Most Waivers, I’ve seen, are between Yacht Owners & Crew and Yacht Clubs & Race Organizers, not between Owners & Crew.

I would consult a Admiralty Lawyer.

Notwithstanding, perhaps you can edit one of the following, to your purposes:

http://www.transpacificyc.org/05/PDF/tp05-waiver.pdf
http://www.ussailing.org/racemgt/doc...ses0205-v1.pdf
http://www.sfbama.org/2008/dhf/NOR_and_Instructions.pdf
http://www.sbyra.ca/2007/racing%20re...nform-2007.pdf
http://www.waikikioffshores.com/04/PDF/WOSEntry.pdf

NOTE to prospective “CREW”:
Any charge above your own food contribution, personal visas and permits, etc., constitutes a "commercial venture" with dramatic and serious insurance and legal implications. Paying for any fuel, dockage, etc., makes you a "paying guest". As such, check relevant insurance policies (that covers paying guests), vessel documentation (to carry paying guests), skipper's documentation (to take charge of a vessel carrying paying guests), etc.

[cooper]

Further to the above...if it is established that it is NOT a commercial relationship, under most Australian laws you CANNOT sign away your common law rights. or more simply a piece of paper does not abdicate the reasonable responsibility s of all parties and their legal rights .

[Talbot]

It is my understanding that these waivers are meaningless under British Law as well.

[cooper]

Talbot that is my understanding also....The common law provision dose not allow for people to sign away their rights. This stops pressure from unscrupulous dealings. IE "Sign this and..."

and further I do not know if this protection applies to US people.

[Wojo]

Thanks for your comments...much appreciated


George

[GordMay]

Generally, “seamen” are covered under both the General Maritime Law of the United States, and under Federal Statutes, such as the Jones Act*. As others have suggested, other “common” law may also apply to your situation.

Because these are complex & specialized legal issues, I urge you to consult a Maritime Attorney.

* The Jones Act governs the relationship between the employer and crew aboard a United States vessel, and created benefits for sailors which are extremely far reaching. Any sailor who is injured at sea is entitled to maintenance and cure, meaning that the sailor's employer must pay him or her a daily stipend and provide medical care to treat the injury. In addition, sailors can also sue for damages if their injuries were caused by negligence on the part of the ship's owners or other crew members, or if they sailed on unseaworthy vessels. These damages include death benefits, in the event that a sailor is killed on the job.
The Jones Act does not apply to volunteer, unpaid crew members on yachts; however, paid crew members on a pleasure yacht are covered.
For a complete reading of the Jones Act, read 46 United States Code, section 883.

[Chief Engineer]

I have heard many stories of sailors/delivery crews getting "screwed" by owners of yachts who refuse to pay, or say their booats were "damaged" and refused to pay or "took their pay as payment for damages"

Originally Posted by Wojo

Hi all ,
Does anyone have a copy of a standard crew waiver release and indemnification form that you have used for taking on crew for an ocean crossing???

Or if you know where I can download a form.

Cheers

George

[Talbot]

Originally Posted by Wojo

Hi all ,
Does anyone have a copy of a standard crew waiver release and indemnification form that you have used for taking on crew for an ocean crossing???Or if you know where I can download a form.

Offshore Passage Opportunities: Crew Agreement

[Pblais]

I have heard many stories of sailors/delivery crews getting "screwed" by owners of yachts who refuse to pay, or say their booats were "damaged" and refused to pay or "took their pay as payment for damages"

It's common. There are people that feel if they can - they will. A good friend was a mate in the islands when he was 14 and made captain quite young. He did a lot of private work and was cheated several times.

Employers like to have references. I would suggest anyone signing on any boat check out the owners. Positions become vacant for many reasons.

When moving about internationally a contract between crew and owner of foreign nationalities counts very little to a local constable or judge. Seeking relief in these situations is quite onerous on the victim. Crew can be dumped and left to their own means. You say one thing and they say you violated the contract or stole the money. It's a shouting match and suddenly they leave you. Pretty easy scam. After you do it a few times it becomes fun.

It can work the other way too. Being mobile and able to leave at will adds some risk on the other side as well.

If everyone in the world were honest then I suppose the whole place would be different. When the understanding no longer matches the contract you need to consider that things are not going to be getting better.

[David_Old_Jersey]

Originally Posted by Wojo

Does anyone have a copy of a standard crew waiver release and indemnification form that you have used for taking on crew for an ocean crossing???

Short answer = no

Long answer........although never taken on crew in this way, if doing so I would (probably ) draw up an agreement setting out what is expected of the crew member and what they can expect of the Captain / Owner.

Not 25 pages of closely typed legal mumbo jumbo, and with legal enforcability very much a secondary consideration to simply making things clear for all parties.

I may have a clear understanding of what signing on as crew means. and so may you. But this does not automatically mean they are the same!.....the road to disagreement is paved with assumptions.

What would I put in the agreement? I dunno yet

The followng includes perhaps a few things which may be better on "a wish list", but...........

• That it is understood that by both parties that this is a non-commercial arrangement and that the crew is neither an employee or paying guest and that NO payment will be received or made either Party.
• The Crew will be provided with all provisions / will supply their own special dietary needs (Veggies etc ) / the crew will provide their own provisions or in lieu of, a sum of xx per day to cover. (tight ar#es )
• That immediately upon arrival / within 24 or 48 hours the crew will vacate the vessel at the final destination.
• That the intended set off date will be xxx and crew is expected to be onboard 24 hours before.
• That the voyage is expected to last xxx days, but may last up to xxx days.
• That the Crew is solely responsible for all onward travel costs (return or onward flight from the country of destination etc) and confirms that they have either purchased the tickets or do have the funds available to do so.
• That the Crew will provide written / E-mail details of their sailing / boat experiance, even if limited.
• That if their are any specific areas of sailing knowledge that the Crew wishes to experiance or develop during the trip that they should advise the Captain accordingly.
• That the Crew will provide onshore emergency contact details (e-mail, telephone AND an address) should their be a Medical emergency.
• That the Crew will provide details of any Medical Insurance held, including contact details.
• That the Crew acknowledges that although the Captain will attempt to ensure that the journey remains accident free, that however accidents can occur onboard resulting in injury to the Crew and that Medical assistance or rescue may not be immediately available and that accordingly any Medical treatment available will be of a limited nature / by non-medically personnel. All medical treatment onboard the vessel is subject to the consent of the Crew member and evidence of such consent will be the acceptance of the treatment offered and such offers of treatment will only be made on the basis that all liability for the medical outcome be that of the Crew member being treated.
• That the circumstances of any accidents and details of any resulting injuries that occur onboard the vessel will be recorded in the ships log by the Captain and will therefore be available for inspection at a later date if required by any relevent authorities.
• That the Crew will be expected to "Muck in" as needed and that this may involve them learning new skills.
• Although any "less glamourous" jobs (washing dishes / cleaning etc) will be shared between the crew as much as feasible, the ship is not a commune and it is possible that at times you may do more or less than your exact fair share, however over the length of the entire journey things are intended to work out.
• Food will be provided onboard, where possible at fixed times during the day / night - However, it is important that the Crew do not "Help themselves" to provisions without the knowledge of the Captain or Head Cook. Additional provisions that crew can utilise for snacks / drinks between meal times will be advised to them at least every day as it is important for the safe running of the ship that the crew are kept well fed!
• Smoking is permitted in all areas / above decks / above decks and downwind / strictly verbotten!
• No Alcohol will be permitted to be consumed during the voyage, unless issued and ordered by the Captain! However any issue of alcohol will not be to a level that allows intoxication
• The Crew will be expected to keep their bunk area / living quarters clean and tidy as far as practicable and their personal belongings well stowed at all times.
• Due to the limited water carrying ability of the vessel, washing / personal hygeine cannot involve daily 10 minute showers - however the crew (and Captain!) will ensure that a civilised level of personal hygeine is maintained at all times, where practicable!
• A Life Jacket and Safety line will be provided to the Crew / they will provide their own. These will be worn XXXXX or otherwise upon the orders of the Captain.
• Wet Weather gear will be provided to the crew / they will provide their own.
• The Crew's personal belongings / clothes should be contained in a soft holdall measuring no more than XXXX. Whilst the contents are left to the discretion of the crew (hence the term personnal belongings!) it is suggested that the Crew include or consider the following items:-

Sunglasses

Hat

Bikini

Spare prescription glasses

Sun Bloc

etc

etc

• Before departure the Captain will undertake a Safety Briefing that will explain the basic operations of the vessel, the safety equipment onboard and the procedure to be undertaken in the event of an emergency.
• That they have a current passport, with at least 6 months of remaining validity and that a copy of the passport will be provided to the Captain at least 48 hours before departure and that the passport will be scanned and e-mailed to a 3rd party ashore and that the actual Passport will be inspected by the Captain upon arrival. (I am probably worrying unneccessarily, but sailing off into the sunset with 1 or 2 people I do not know from Adam - when we all know that I have onboard plenty of saleables, if not cash - and with arguably little chance of getting caught - but of course, not everyone is a bad person who would deep six someone for USD100. I have met a few who would do so for less. Mainly in-laws, what can yer do? ).
• That they will provide at least 2 references from "reputable" / verifiable persons to confirm at the least their identity, even if not their sailing experiance. (as above - probably a bit too wish list, but......)
• That they have or can obtain a Visa for the country of destination and that they know of no reason why they would be refused entry.
• That they have no health issues that the Captain should be aware of / needs to accomadate / needs to be prepared for.
• To declare to the Captain all medical prescription drugs that will be brought onboard, that they will have sufficient supplies to last the maximum duration of the voyage.
• That the crew has had all neccesary "Jabs" required for the country to be visited.
• That no recreational pharmaceuticals will be permitted onboard and that if felt neccesary at any time the Captain will search their baggage / personal effects.
• That the intended watching keeping rota will be XXXX, but that this may be changed according to circumstances.
• That the crew's onboard duties will be expected to be XXXX (maintaining a watch / cooking once a day? / generally mucking in as needed) and that they will considered "off watch" at least XX hours a day during which time, save for being expected to rest sufficiently to be able to maintain their watchkeeping duties, can be considered as "free / personal time" - excepting that the needs of the vessel will take priority at all times.
• That all orders will be issued solely by the Captain, albeit they may be communicated by other crew members.
• If at any time the Crew is ordered or requested to underake any tasks that they do not feel able or qualified to undertake they should advise the Captain / other crew as appropriate.
• Although the Captain has a responsibilty for the safety and wellbeing of all Crew members and will at all times have this as his / her priority, each crew member is expected to have due regard for their own personal safety at all times and not to undertake any tasks or follow any Orders that they are not able or qualified to do.
• You will not intentionally be asked to undertake any task that the Captain does not consider you able to complete. In times of difficulty or stress or emergency (bad weather / onboard breakages / close navigation) the Captain may issue orders that need to be followed by the Crew without debate, for the welfare of the entire crew and the ship. However if the Crew beleives they are not competent to follow an order they should advise the Captain / other crew members immediately.
• It is possible that in times of difficulty or stress or emergency that the Captain may order you to "do nothing" or to confine yourself below decks, any such orders should be followed without question and are issued without any judgement on your capabilities but to help ensure the safety of all crew and the vessel. Although the Captain will deliberately try and avoid using a raised voice or swearing during this time, should he occassionally fail to do so this should not be taken personally and are only used for the sake of clarity / to release stress.
• It is the intention to run "a happy ship", therefore any complaints or concerns should be addressed to the Captain at the earliest and most appropriate time - the Captain will endeavour to resolve all genuine issues to the Crew's satisfaction, wherever possible.
• Any onboard disputes will be arbitered by the Captain, whose decision will be made in the best interest of the Ship and whose decision will be final. Any appeal or debate can be conducted after arrival at the destination.
• That if in doubt, the Captain should always be consulted - night or day, whether or not he / she be sleeping.

I guess this one grew kinda into some sort of Service Agreement / Wish List .....no doubt plenty that I have missed and a few things other's would disagree with........but If I was Crew, would be happy for the Captain to give me something like this for both of us to sign, if for no other reason that it shows some forethought.....which IMO in general is never a bad quality to see in a Skipper

Would it be legally enforceable if included in lots of legal mumbo jumbo? Fook knows and I expect in 99.999999% of cases that it would be immaterial due to the legal costs involved of even trying - and of course in different jurisdictions different laws and interpretations apply. BUT, if an onshore legal problem did ensue (say, from an injury or death onboard) - whether civil or criminal, then being able to provide some evidence (and not just claim) that the Captain took his / her responsibilities seriously and that the crew member understood what they were getting into and what they were both required and not required to do should not do any harm....famous last words of course once lawyers are involved

[Chief Engineer]

We will be taking a trip to Bermuda

we will stand 4 on 8 off watches
it is YOUR responsibility to wake your replacement 40 minutes before the end of your watch.

no drinking......period

Everyone will be responsible for cleanup/cooking/and other duties as may be required
during your watch.

IF DURING YOUR WATCH YOU HEAR, SMELL, SEE ANYTHING OUT OF THE ORDINARY
WAKE THE CHIEF ENGINEER AND THE CAPTAIN.

[Chief Engineer]

And the vessel WILL NOT SAIL until the Chief Has his Crunchy Peanut Butter, Strawberry Preserves (no grape "glop"), Instant Oatmeal and Dried Fruit aboard.....and Hi-test coffee. No Hazelgagnutvanillamochacappuchinocinamon drech.

[GordMay]

Originally Posted by Chief Engineer

And the vessel WILL NOT SAIL until the Chief Has his Crunchy Peanut Butter, Strawberry Preserves ...

Reminds me of Captain Queeg (played by Humphrey Bogart) from Herman Wouk's "The Cain Mutiny":

“... Ahh, but the strawberries that's... that's where I had them. They laughed at me and made jokes but I proved beyond the shadow of a doubt and with... geometric logic... that a duplicate key to the wardroom icebox DID exist, and I'd have produced that key if they hadn't of pulled the Caine out of action ...”