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I agreed to help a captain deliver a sailboat for the owner, scheduled to depart this weekend. I made the arrangements with the captain two weeks ago. Today he apologized and said the owner wants the captain and crew to sign the contract I am pasting below. Captain said that he has never been asked to sign something like this in the 35 years he has been in business. I told him I might sign a release for injuries to me, but no way am I signing an indemnification agreement. I am volunteer crew for crying out loud. Can you believe it? Here is the contract:
INDEMNIFICATION AGREEMENT AND RELEASE
This Indemnification Agreement and Release is made as of this ____ day of October, 2014, by the undersigned (collectively, the “Occupants”), in favor of xxxxxxx, in his individual capacity and in his capacity as Trustee of the xxxxxxx Revocable Trust, as amended from time to time (the “Owner”).
In consideration for the grant by Owner to Occupants of the non-exclusive, temporary right to occupy and use the sailboat “xxxxxx”, (a xxxxxxx-built 42 foot Yawl of the “xxxxxxxxx” design), and the associated personal property, from October 10 through 13, 2014. The sole/only purpose of the occupancy of the sailboat is to deliver it over water safely from xxxxxxx boat yard in xxxxxxxxxx Maine to xxxxxxxxxxxxx Rhode Island. (Following safe shipment of xxxxxxxxxxxxxx Company in Rhode Island, the boat will be prepared for shipment then loaded on a ship for delivery to St Thomas US Virgin Islands.) Occupants hereby covenant and agree to indemnify Owner against, hold Owner harmless from, and reimburse Owner on demand for any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and costs and expenses incurred by or asserted against Owner in connection with or arising from: the use or occupancy of the sailboat “Xxxxxx” and/or the Personal Property by Occupants or any permitted guests or invitees of Occupants (the “Permitted Invitees”) or anyone else gaining access thereto by or through a Permitted Invitee; any activity or action taken or permitted to be taken by Occupants or any Permitted Invitee or anyone else gaining access through a Permitted Invitee in or about the sailboat Xxxxxx, including, without limitation, any activities either carried out as part of the delivery mission or activity not associated with the delivery, or negligence by Occupants or any Permitted Invitee or anyone else gaining access to the sailboat Xxxxxx or Personal Property by or through a Permitted Invitee; any breach or violation by Occupants, any Permitted Invitee, or anyone else gaining access to the sailboat Xxxxxx or Personal Property by or through a Permitted Invitee of any law, ordinance or governmental requirement of any kind regulating or otherwise relating to the sailboat Xxxxxx or the Personal Property; and/or any injury or damage to the person, property, or business of any third party caused by or resulting from the Activities or from the negligence or deliberate act of Occupants or any Permitted Invitee or anyone else gaining access to the sailboat Xxxxxx or Personal Property by or through a Permitted Invitee. If any action or proceeding is brought against Owner by reason of any such claim for which Occupants have indemnified Owner hereunder, Occupants, upon notice from Owner, will defend the same at Occupants’ sole expense with counsel reasonably satisfactory to Owner.
Occupants hereby represent and warrant that they understand and are aware that physical injuries in the conduct of the Activities constitute a COMMON AND ORDINARY OCCURRENCE. Occupants, on behalf of themselves, any minors for whom they are parents or legal guardians, any Permitted Invitees, and anyone gaining access to the sailboat Xxxxxx or Personal Property through a Permitted Invitee, freely and voluntarily ACCEPT AND ASSUME ALL RISKS OF INJURY, LOSS OF LIFE, and DAMAGE TO PERSONS AND/OR PROPERTY that might be associated with the use the Premises or Personal Property and/or participation in the Activities.
Occupants, on behalf of themselves, all minors for whom they are parents or legal guardians, all Permitted Invitees, and anyone gaining access to the sailboat Xxxxxx by or through a Permitted Invitee, hereby waive and release all claims against Owner for any loss, injury, death, or damage to any person or property arising from or relating to the use and occupancy of the sailboat Xxxxxx or the Personal Property by the Occupants, the Permitted Invitees, or anyone gaining access to the sailboat Xxxxxx or Personal Property by or through Occupants or a Permitted Invitee, including any such loss, injury, death or damage arising from or relating to the conduct of the Activities on the sailboat Xxxxxx.
“Occupants” of the sailboat Xxxxxx,
______________________________________________
Print Name
______________________________________________
Signature
Additional Occupants of the sailboat Xxxxxx:
_____________________________________________
Print Name:
_____________________________________________
Signature:
List minor children, if any: ___________________________________________
INDEMNIFICATION AGREEMENT AND RELEASE
This Indemnification Agreement and Release is made as of this ____ day of October, 2014, by the undersigned (collectively, the “Occupants”), in favor of xxxxxxx, in his individual capacity and in his capacity as Trustee of the xxxxxxx Revocable Trust, as amended from time to time (the “Owner”).
In consideration for the grant by Owner to Occupants of the non-exclusive, temporary right to occupy and use the sailboat “xxxxxx”, (a xxxxxxx-built 42 foot Yawl of the “xxxxxxxxx” design), and the associated personal property, from October 10 through 13, 2014. The sole/only purpose of the occupancy of the sailboat is to deliver it over water safely from xxxxxxx boat yard in xxxxxxxxxx Maine to xxxxxxxxxxxxx Rhode Island. (Following safe shipment of xxxxxxxxxxxxxx Company in Rhode Island, the boat will be prepared for shipment then loaded on a ship for delivery to St Thomas US Virgin Islands.) Occupants hereby covenant and agree to indemnify Owner against, hold Owner harmless from, and reimburse Owner on demand for any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and costs and expenses incurred by or asserted against Owner in connection with or arising from: the use or occupancy of the sailboat “Xxxxxx” and/or the Personal Property by Occupants or any permitted guests or invitees of Occupants (the “Permitted Invitees”) or anyone else gaining access thereto by or through a Permitted Invitee; any activity or action taken or permitted to be taken by Occupants or any Permitted Invitee or anyone else gaining access through a Permitted Invitee in or about the sailboat Xxxxxx, including, without limitation, any activities either carried out as part of the delivery mission or activity not associated with the delivery, or negligence by Occupants or any Permitted Invitee or anyone else gaining access to the sailboat Xxxxxx or Personal Property by or through a Permitted Invitee; any breach or violation by Occupants, any Permitted Invitee, or anyone else gaining access to the sailboat Xxxxxx or Personal Property by or through a Permitted Invitee of any law, ordinance or governmental requirement of any kind regulating or otherwise relating to the sailboat Xxxxxx or the Personal Property; and/or any injury or damage to the person, property, or business of any third party caused by or resulting from the Activities or from the negligence or deliberate act of Occupants or any Permitted Invitee or anyone else gaining access to the sailboat Xxxxxx or Personal Property by or through a Permitted Invitee. If any action or proceeding is brought against Owner by reason of any such claim for which Occupants have indemnified Owner hereunder, Occupants, upon notice from Owner, will defend the same at Occupants’ sole expense with counsel reasonably satisfactory to Owner.
Occupants hereby represent and warrant that they understand and are aware that physical injuries in the conduct of the Activities constitute a COMMON AND ORDINARY OCCURRENCE. Occupants, on behalf of themselves, any minors for whom they are parents or legal guardians, any Permitted Invitees, and anyone gaining access to the sailboat Xxxxxx or Personal Property through a Permitted Invitee, freely and voluntarily ACCEPT AND ASSUME ALL RISKS OF INJURY, LOSS OF LIFE, and DAMAGE TO PERSONS AND/OR PROPERTY that might be associated with the use the Premises or Personal Property and/or participation in the Activities.
Occupants, on behalf of themselves, all minors for whom they are parents or legal guardians, all Permitted Invitees, and anyone gaining access to the sailboat Xxxxxx by or through a Permitted Invitee, hereby waive and release all claims against Owner for any loss, injury, death, or damage to any person or property arising from or relating to the use and occupancy of the sailboat Xxxxxx or the Personal Property by the Occupants, the Permitted Invitees, or anyone gaining access to the sailboat Xxxxxx or Personal Property by or through Occupants or a Permitted Invitee, including any such loss, injury, death or damage arising from or relating to the conduct of the Activities on the sailboat Xxxxxx.
“Occupants” of the sailboat Xxxxxx,
______________________________________________
Print Name
______________________________________________
Signature
Additional Occupants of the sailboat Xxxxxx:
_____________________________________________
Print Name:
_____________________________________________
Signature:
List minor children, if any: ___________________________________________