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The sailing-crew agreement
...regulates duties and responsibilities, in order things are clarified ahead of the trip. It's the skipper's duty on a charter boat, to explain all crew members the rules on board and the liability risks. As small support we have worked out a crew agreement, to help crew partners obligate themselves, to take over costs and to dispense with certain claims as consequence easy carelessness. Fundamentally a crew agreement protects from claims mutually, which are not covered through an insurance. Intentionally caused damages are ignored indeed. For material or personal injuries, which emerge through crude carelessness by the skipper or a crew member, mutual responsibility can be excluded only through a so-called individual agreement. This cannot be based on already formulated terms of the contract, they must be negotiated rather for each case extra. Which agreement grasps, whether easy or crude carelessness exists, courts decide always in the individual case. No agreement promises total protection: If thirds are affected through the agreement, they can contest these in found cases. In so far as nothing happens extraordinary, the crew agreement can remain the in the drawer. For carelessly caused material and personal injuries are covered today as a rule by the boat's owner liability. Liability claims mutually between the crew members are not however generally insured. 1. Charter contract The charter contract signed between the chartering person .............. and Thida Yachting in the name of the owner is basis of this agreement. A copy of this charter contract has received each crew member and is acknowledged by them . 2. Skipper Responsible skipper is ................................................ . The skipper insures, that he has the necessary experiences, knowledge and qualifications, to lead the yacht under sails and motor safely. He instructs the crew members in the handling of the yacht and accomplishes a briefing in all safety regulations 3. Duties of the crew members The orders of the skipper are considered by each crew member, even if these hurt the schedule of the trip and each crew member informs him (respectively the respective guard commander) in unclear situations. Each crew member pays attention even to his personal safety and carries if required live jacket and lifebelt 4. Exclusion from liability Each crew member goes along on own danger and dispenses with all claims for persons - and property damages against the skipper, other crew members or the owner, if he is a crew member, if the damage was caused through easy carelessness. The exclusion from liability does not count, as far as damages are carried by a liability insurance or were caused intentionally. 5. Validity of the agreement If parts of this agreement should be or become invalid or unworkable, should not hurt this the efficacy of the other parts of this agreement. Equal counts, if turns out, that the agreement contains a deficiency. In lieu of the ineffective/unworkable part or for the completion of the gap should be explained this agreement so, that it approaches the intended purpose as much as possible. Place, date and signatures the crew members! |