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-   -   Limitation of Liability (http://www.sailnet.com/forums/cruising-liveaboard-forum/92027-limitation-liability.html)

svzephyr44 09-12-2012 02:12 PM

Limitation of Liability
 
Does anyone have a "Limitation of Liability" agreement they use for temporary crew they would be willing to share?

ParadiseParrot 09-12-2012 03:11 PM

Re: Limitation of Liability
 
Having volunteered to be a crew member on S/V--------
I understand that Sailing is a risky activity and understand the perils of an ocean voyage.
I am in good physical health without any impairment, which could impact my ability to
participate in such a voyage. By executing this waiver of liability I for myself, my heirs,
successors, assigns and legal representative, hereby waive any and all claims against S/V--------,
her owner, skipper and other crew and agree to hold each one of them separately and
collectively harmless from any and all loss, cost, claim, damage or expense including but not
limited to attorneys fees which I may incur or which may arise directly or indirectly as a result of
or out of my participation in this voyage. I have read the above terms and conditions and
am in full agreement.

In a delivery situation the Jones Act may come into play and can't be waived usually.
Consult your attorney.



These contracts are not foolproof. If you as owner/skipper do something stupid or an accident happens while you are drinking for example.States law modifies these agreements preventing someone from waiving all there rights...varies by state.
You will still need liability insurance.....perhaps ask your insurance agent for a form that the insurance company might prefer you to use. Providing a safety speech for example prior to leaving dock is a good idea.

MarkSF 09-12-2012 04:44 PM

Re: Limitation of Liability
 
"I am in good physical health without any impairment, which could impact my ability to
participate in such a voyage"

With the comma there, it means "I am in good health and don't have any impairment, which as a result DOES impact my ability". Best to remove it. In legal English it is normal to try to avoid commas because of the ambiguity they can cause.

You could also write :

"I am in good physical health, without any impairment which could impact my ability to
participate in such a voyage"

denverd0n 09-12-2012 07:48 PM

Re: Limitation of Liability
 
Actually, you want to take out the comma and change the "which" to "that".

MarkSF 09-12-2012 07:59 PM

Re: Limitation of Liability
 
Good point!

Silvio 09-12-2012 09:00 PM

Re: Limitation of Liability
 
As a general rule having "something" in writing is always better than not having anything if you end up in litigation. The contract and maritime legalities should be discussed with an attorney, but if it were me I'd add whatever clause I thought would cover my back side whether it will hold up before a judge or not. That said I would throw in a clause requiring binding arbitration over litigation with my choosing the firm. I'd also toss in a clause on venue naming my home area as the only venue for arbitration. Like paradiseparrot says, not fool proof but it is something to help if you should need it.

svzephyr44 09-13-2012 04:15 AM

Re: Limitation of Liability
 
Thanks for all so far. As Silvio points out having something is better than nothing. Also, I am pretty much "judgement proof" - after all I am a cruiser!

To me it is also putting a potential crew member "on notice" I had a guy ask to join me for a passage and when I asked to see his passport he said "that's private." Needless to say he didn't get the crew position.

BubbleheadMd 09-13-2012 07:48 AM

Re: Limitation of Liability
 
And people wonder why I singlehand so much...

jameswilson29 09-13-2012 07:58 AM

Re: Limitation of Liability
 
You really should have one drawn up by a lawyer in your jurisdiction, or at least obtain a form from a form book or website. The examples given are not that good. What you are looking for is an assumption of risk and release from liability. There are legal distinctions between guests and paying passengers, and the obligations you have to each. Go see a lawyer!

denverd0n 09-13-2012 10:24 AM

Re: Limitation of Liability
 
Quote:

Originally Posted by jameswilson29 (Post 921706)
Go see a lawyer!

This is really the best thing to do. The legal advice you get on a forum like this one is worth exactly what you pay for it. NOTHING!


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