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Old 07-18-2006
kimberlite kimberlite is offline
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first part of my crew agreement

Kimberlite


345 New York Avenue


Huntington, New York 11743 USA


631/423-2000



August 24, 2005


Dear Elliott,

I am enclosing a copy of the Crew Agreement covering your participation as a crew aboard Kimberlite. This is the standard crew agreement from Offshore Passage Opportunities.

I know it appears rather legalistic, but it in fact covers everything we spoke about. Having an understanding in writing is prudent for all concerned.

I would be grateful if you would complete it, have it notarized, and send it back to me at your earliest convenience. Please note each page needs to be initialized where indicated. I will complete my parts and send you back a copy for your records.

Please complete the medical sections on page 2, complete the crew details on page 3 and provide two copies of your passport as requested, along with two copies of your airline ticket. Then sign and date the agreement on page 4, have it notarized where indicated and return it to me. You are also expected to spend one day on Kimberlite after we arrive in New York to do clean-up after the trip, so please plan your departure accordingly.

I am sure you understand the need for such an agreement. It helps clarify the situation and is fairly standard information for international ocean passages of this nature. Here we have the information organized in written form for all to agree upon and be witness.


Regards,


Eric M. Freedman

Crew Agreement


YACHT: Kimberlite (hear after referred to as “the Yacht”)

DOCUMENTATION # 1129032


VOYAGE FROM: St Martin NA


TO: Huntington, New York

INTENTIONS:
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.

Crewing on Kimberlite works best when all are considered equals. You will be consulted, when appropriate, as 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 judgment, 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.

MEDICAL DETAILS:
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 occur, 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 medications(s):
(mark “NONE” if none) :


Medical insurance 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.

PASSPORTS, VISAS AND REPATRIATION:
When you enter another country you need to have a passport and visa, and might have 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.
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