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PAPERWORK
Only applicable for long term / long distance crew. However if any others would feel happier with such paperwork, then we would do it.
You might like to know that the Crew Agreement below and the Crewing Offer / Invitation Letter are based on documentation suggested by Offshore Passage Opportunities in USA and have been de-Americanised and adapted by me, based on my own experience and taking into account the advice given by the Crewing Service of the Cruising Association, London.
The following documents are legal and are therefore necessarily formal, not my style but a requirement.
S/Y MANTRA CREW AGREEMENT
YACHT: MANTRA (hereafter referred to as "the Yacht" or as MANTRA or as S/Y MANTRA)
OFFICIAL DOCUMENTATION NUMBER: 718514, registered at Jersey, U.K.
VOYAGE FROM: Whangarei, New Zealand TOWARDS: Australia, via Pacific
OWNER / CAPTAIN: Paul Massey
CREW MEMBER: Xxxxx Xxxxxx
INTENTIONS:
This agreement is designed to anticipate problems that might occur while aboard, both at sea or coastal cruising, and thus, to avoid them. It is designed to protect both the captain/owner and those crew who join him. To facilitate inquiries, should anything go wrong, the owner / captain will be sending a copy to his wife in England before departure from New Zealand and it is suggested that each crew member sends a copy to someone they deem appropriate. It is wise to inform someone at home of our plans. Crewing on S/Y MANTRA works best when all are considered equals, (though the owner / captain is more equal than the others!). Crew will be consulted, when appropriate, as a part of decision making, but crew must be also willing to share all work, difficulties and dangers. In completing this agreement as crew 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 nor promises nor any consideration that is not fully described either in this agreement or in the covering "Offer of Crewing" letter or in the Cruising on Mantra web site. The owner / captain hereby declares his belief that the boat is properly equipped and prepared for the planned voyage, and that he is fully competent to manage the undertaking. He invites the prospective crew to test this statement in any way they wish - by their own inquiries and judgement, or with the help of others. When the crew member signs this, it signifies they agree that they have fully investigated to the extent they want and have decided that the boat is properly equipped and that the captain is capable, fit and competent. In signing as crew you certify you understand and agree that you must obey all the lawful orders of the captain.
MEDICAL DETAILS:
The boat has a well-equipped medical kit, and a powerful radio with which emergency help may be obtained. However, crew must take full responsibility for any current or past medical conditions of their's that may recur, or any medical or health problems that may occur during or as a result of this trip. Crew must make sure that they have ample medication for at least twice as long as the expected passage. Crew must inform the captain of any potentially serious conditions that could affect safety at sea. Crew must give details below of any medical conditions, impaired hearing or vision, any known drug allergies, conditions that might recur, and current medication(s): (state "NONE" if none):
___________________________________________________________________________________
Medical insurance may help save one's life. Crew should list details below of medical insurance and all contact details:
___________________________________________________________________________________
Apart from spoiling the trip and making it harder for others aboard, seasickness can be dangerous, even fatal. Unless crew know, from extensive experience, that they will not be affected, they must have, and must be willing to use, reputable seasickness treatment. This is the responsibility of the crew member.
PASSPORTS, VISAS, REPATRIATION AND CASH BOND:
Crew are required to have a valid passport and any required visas. Some immigration authorities insist on proof that yacht crew are able to get themselves home or out of the country (other than by yacht) to another country to which they have full right of entry. Crew are responsible for their travel costs and must understand that they will be asked to furnish proof of solvency to the owner/captain on boarding, and deposit with him passport and an air ticket or cash in lieu. In this case the crew member will be depositing with the owner/captain, a cash bond of £650 or US$1000.
Crew initials: _________________ Owner initials: _________________
TRIP INTERRUPTION
You understand that should you leave the yacht, for whatever reason, at the planned port or a port other than that to which you had agreed in this agreement, you will be responsible for all your own travel and related costs. You also understand and agree that you will be responsible for all your own repatriation costs if you are asked to leave the yacht for any reason, including reasons of lack of competence, inappropriate behaviour, crew incompatibility, illness, or the inability to carry out required tasks, which, in the captain's opinion, is endangering the safe operation of the yacht. However, in this event, unless there is a major breach of our agreement on your part or a major irretievable breakdown in relations, the owner/captain will take all reasonable measures to disembark you at a suitable port along the intended route, from which you can arrange your travel home.
BOAT WORK
Keeping a cruising boat in top condition requires work on repairs and maintenance and improvements, and this is an obligation to be shared by all aboard. Crew are expected to look for ways to help, and taking part will make you more involved. As a guide you should be willing to put in about an hour and a half a day on maintenance of and/or upgrading of the boat while cruising and somewhat more while at rest. This does not include domestic work, in which you will also be required to share, nor does it include your share of watchkeeping and operational duties. Requirements for boat work are covered in greater detail in the Cruising on Mantra web site.
COSTS
You will be required to contribute towards costs aboard. To help avoid disagreements, all arrangements and all transactions will be recorded at whatever level of detail (within reason) that the fussiest person aboard requests. What the owner pay for and what is shared by all via the kitty system is covered in greater detail in the Cruising on Mantra web site. You agree that any monies you pay toward your share of costs is not for any charter fee or passenger fee for the benefit of the boat or its owner / captain, but only for your own agreed share of costs. The average level of costs will be managed so that they should be no greater than an average of £10 (US$17) per person per day.
CREW DETAILS
Passport number: _____________ Date of Issue: __________ Date of Expiry: __________
Please provide two (2) copies of the issue page(s) of your passport.
Home address & phone:
___________________________________________________________________________________
Next of kin name, address, telephone number(s):
___________________________________________________________________________________
Alternate contact in case next of kin not available (telephone only):
___________________________________________________________________________________
Additional Crew Information (use this to give any other information which may be relevant to your cruising on Mantra, add sheets if required):
___________________________________________________________________________________
Crew initials: _________________ Owner initials: ________________
DECLARATIONS
I, the crew member, have completed the attached details fully and honestly, and I have also volunteered above any further information I am aware of that may affect the safe enjoyment of the proposed voyage by all aboard. I accept that the captain may change his plans, and I will not hold him responsible for transportation to the original destination, should that not be reached by S/Y MANTRA. I take full responsibility for any requirements and costs relating to my entry and exit in countries to be visited by the boat. I agree to share all work aboard, and to obey all lawful orders given to me relating to the operation, navigation and safe conduct of the boat, at all times. I am aware that there are risks that I will face in this voyage, and I take full responsibility for my decision to join the crew. I do not have and will not have any illegal drugs nor any weapons in my possession and I will immediately inform the captain if I become aware of any on board, or anyone trying to bring such items aboard. I declare, by written statement added on this agreement, details of any convictions, in any country, for involvement with illegal drugs or with weapons. I will not carry any packages for any third party onto the boat without first requesting permission from the captain. If the captain is held responsible for bailing me out of trouble if I transgress local laws and customs, I agree to fully reimburse any costs incurred and to compensate him for the time lost for every day of delay my action may cause. I will become familiar with the location and operation of all safety equipment aboard the boat. I will seek to learn all aspects of seamanship by reading appropriate manuals and books aboard, and by asking help from the captain and others. The responsibility is fully mine to learn and to ask to be taught any skills that I need for safe operation of the boat. If there is anything happening aboard the boat about which I am uncomfortable, I will discuss it with those concerned as soon as possible in order to avoid irreversible resentments that may spoil the atmosphere for all aboard. I, or my heirs, next of kin, legal representatives, successors and assigns, and in consideration of my acceptance as a crew member of the yacht MANTRA, do hereby waive any and all claims which I may have against the yacht MANTRA, Paul Massey, or any other duly qualified and authorized captain appointed by Paul Massey, arising out of, or in any way connected with, my participation as a member of the crew of the yacht, and I understand and agree that, as a member of the crew of said yacht, I have no recourse or claims of any kind against Paul Massey and shall hold him and his estate harmless against all consequences of my participation as a crew member aboard the yacht.
This agreement shall be governed by the Laws of the United Kingdom of Great Britain and Northern Ireland in the closest jurisdiction to Chichester, West Sussex, unless it is mutually agreed by both parties that the laws of the country in which they and S/Y MANTRA are currently physically located should apply instead.
SAMPLE OF INVITATION LETTER
Dear Joyce,
OFFER OF CREWING ON MANTRA
I am very pleased you are coming with me. This is to take matters further and formally to invite you to join me cruising. Accordingly, I am enclosing a copy of the Crew Agreement covering your participation as a member of crew aboard my yacht "Mantra". You have already read as much of the information as you want on my web site and, in particular, you have already read in full the pages covering Crew Specification, Boat Rules, Expenses, Bond and Living on Mantra.
OFFER I am pleased to confirm my invitation that you join to assist in the crewing of Mantra for the passages from Whangarei, New Zealand towards Australia. Subject to weather and assuming no serious equipment failure, I would like initially to cruise towards Vavau, Tonga, hopefully via stops at Nukualofa and the Ha'apai. Again subject to weather, equipment and to timing, my current intention is to carry on towards Fiji, Vanuatu and on to Australia. This invitation is for you to join me for the whole set of cruising to whichever port in Australia we select to wait out the cyclone risk season. If you were to want to continue on towards Indonesia, Malaysia and Thailand, etc (or wherever) for our year 2000 cruising, I would then be happy to consider inviting you to continue on if we had proved sufficiently compatible and if you were really contributing to the effectiveness and happy atmosphere on Mantra.
ROLES You would assist in crewing and caring for the boat. I will be providing the boat and meeting the expenses of keeping it in the good state of repair that is in and should be in before we set off. I am the captain of the boat and will make the decisions. It is certainly likely that I will enquire what are the crew's views (and why they hold them) before I take major decisions.
WORK As regards caring for the boat you are expected to contribute "boat work" as mentioned in Crew Specification, Boat Rules and in the Crew Agreement.
EXPENSES As regards cruising expenses, we will be operating a "kitty" system to share expenses as detailed in the Expenses sections of the web site.
UNDERTAKINGS You undertake that you fulfill (as far as you are aware) and that you fully accept and agree to the requirements listed in my web site pages pages covering Crew Specification, Boat Rules, Expenses, Bond, and Living on Mantra and you accept & agree our agreement as expressed in this letter and as further documented in the Crew Agreement. I undertake that my Jeantot Privilege cruising catamaran Mantra, registered at Jersey, UK number 718214, is wholly owned, unencumbered, by me, and that I will continue to be careful regarding its maintenance for the round the world cruise on which I am engaged. Mantra is insured at present for third party claims and for total loss, and also for theft of contents through forcible entry, but the insurance does not cover loss of effects by non-family crew. I would also take this opportunity to reiterate that I try and have a happy and effective team running a happy, well-maintained ship.
TO ACCEPT I hope that you formally accept this offer of crewing and that we will be setting off together. To accept this offer, would you please sign and return a copy of this letter as well as executing and returning the Crew Agreement. These will signify your agreement that, together, these do document what we are agreeing. Please continue to put as many questions as you like. If there are any answers that you would prefer I document in writing, then please tell me. I am looking forward to your sailing on Mantra and to receiving your formal acceptance.
Thank you for being interested in joining Mantra for part (or more) of our circumnavigation.
Yours sincerely,
Paul Massey
Enclosure: Crew Agreement.
ACCEPTANCE I hereby accept the offer of crewing as set out in this letter together with its enclosure. I will be returning a copy of this letter, duly signed and, before clearance formalities for sailing, I will be meeting the "bond" requirements. I will also be signing and returning the Crew Agreement which you have already initialled on each page and I will have my Crew Agreement acceptance signature duly witnessed.
Signed: ___________________________ Date: _____________________
Print Full Name: _____________________________________________________________________
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