# Limitation of Liability



## svzephyr44 (Jun 26, 2000)

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


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## ParadiseParrot (Oct 6, 2010)

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.


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## MarkSF (Feb 21, 2011)

"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"


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## denverd0n (Jun 20, 2008)

Actually, you want to take out the comma and change the "which" to "that".


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## MarkSF (Feb 21, 2011)

Good point!


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## Silvio (Nov 10, 2010)

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.


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## svzephyr44 (Jun 26, 2000)

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.


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## Ajax_MD (Nov 24, 2009)

And people wonder why I singlehand so much...


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## jameswilson29 (Aug 15, 2009)

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!


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## denverd0n (Jun 20, 2008)

jameswilson29 said:


> 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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## Silvio (Nov 10, 2010)

denverd0n said:


> 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!


Yep, agree with both of you.


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## johnnyquest37 (Feb 16, 2012)

1.	I AM AWARE THAT SAILING AND BOATING ACTIVITIES ARE HAZARDOUS AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.
2.	I have read, understand, and will abide by the Standard Operating Procedures for the sailing vessel Wind Orchid in its current form or as amended from time to time without notice.
3.	I understand that the Chesapeake Bay (including tributaries) can be a dangerous body of water, posing significant hazard, including, but not limited to sudden storms and unexpected changes in weather and water conditions that can cause bodily injury, including death. I am choosing to participate at my own risk.
4.	As legal guardian(s), I (we) include in this RELEASE all minor participants in our care, whether listed or not.
5.	I hereby fully release Jon Jones and Lori Jones, the sailing vessel Wind Orchid, and their agents and representatives from any liability whatsoever for lost cost, damage or expense (including attorneys’ fees), for personal injury, including death, arising from or connected in any way with my participation in any activity associated with them.


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## svzephyr44 (Jun 26, 2000)

denverd0n said:


> 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!


I understand the advice. My situation is complicated by the fact that I travel a lot. In the past two years I have been in France, Canada, the US, Mexico, Belize, Guatemala, Bermuda, and Portugal. I doubt that any single document would be legally binding in all of these places. I am on my way back to France and I expect to be in several other (new) countries in the next six months.

Thank you for those who contributed text. I will draft something that helps temporary crew understand the situation as I see it. Just as I am careful to send the "Standing Orders" - the standard operating procedures and responsibilities of the crew - to potential crew before I accept them on board I was looking for a similar document outlining liability. The text contributed has been most helpful.

Again, thanks


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## ScottUK (Aug 16, 2009)

I would think an additional way of limiting your liability (which you might have done already) is having a laminated plan of the boat taped up onto a visible surface showing where all the safety kit, thru-halls etc are located. On your form have it state the onus is on the person you are taking aboard to learn where these are. Make sure your PFDs are in date and you have enough harness'. A well founded boat would be your first line of defense against liability.


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## bvander66 (Sep 30, 2007)

This thread is so sad. I guess a testemant to the times we live in. I have crewed on many a vessel and have never had to sign a waiver, but have always checked out the skipper and boat to ensure I was comfortable with both, and am sure I was checked out as well by the skipper.
To be honest if a skipper threw this in front of me I think I would grab my seabag and tell him to have a nice voyage as I climbed up the companion way.


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## mdi (Jan 15, 2009)

bvander66 said:


> This thread is so sad. I guess a testemant to the times we live in. I have crewed on many a vessel and have never had to sign a waiver, but have always checked out the skipper and boat to ensure I was comfortable with both, and am sure I was checked out as well by the skipper.
> To be honest if a skipper threw this in front of me I think I would grab my seabag and tell him to have a nice voyage as I climbed up the companion way.


After you own the boat and all the responsibility with it be sure to get back to us.


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## delite (Nov 2, 2009)

If you accomplish nothing else be sure to name a jurisdiction where the courts would have jurisdiction in the event of a dispute. I'd suggest just about anywhere but the US given the litigious nature of people, and excessive judgements (Mississippi for example is brutal).


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## johnnyquest37 (Feb 16, 2012)

We often take crew aboard our boat - around 40 different folks over the course of a season. For pleasure cruises, we only this year starting asking folks to sign a waiver. Decided to do this because last year, one of our crew fell onto the dock while leaving the boat, and she injured her hip - one that had been replaced a few years earlier. She didn't sue me or anything like that (in fact, the doctors discovered cancer when she was being checked out from this fall - she says the fall saved her life), but I started to research the liability issue in this case. Would I be liable? The marina? Where is the line when embarcking/debarking? In the course of the research, I found more than one horror story where crew were injured and the boat owners ended up getting hosed. It's not just the dude who gets hurt putting it to his boat owning friends. When medical insurance is involved, the insurance company often goes after the boat owners, even if the injuried party doesn't want to.


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## bvander66 (Sep 30, 2007)

mdi said:


> After you own the boat and all the responsibility with it be sure to get back to us.


Own a boat for 25 years now, so getting back to you and have had crew aboard, also crewed on other boats, both coastal and offshore and have never experianced waivers. Even sailed with a lawyer once lol.


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## bvander66 (Sep 30, 2007)

delite said:


> If you accomplish nothing else be sure to name a jurisdiction where the courts would have jurisdiction in the event of a dispute. I'd suggest just about anywhere but the US given the litigious nature of people, and excessive judgements (Mississippi for example is brutal).


guess the answer is dont bring crew aboard in the US.


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## bvander66 (Sep 30, 2007)

So seriously, there is so many things in life where in theory you could be liable. Think about the 10000s of boats racing once a week and the occasional weekend, should all those crews sign a waiver? Beginning of season or each race depending on what position they man?
Does every tour boat have their patrons sign waivers? I know the schooners out of Annapolis and NYC dont.
Lets move from the water. Based on some of the premises listed above we should have someone sign a waiver everytime they are a passanger in your car. What if you car pool? Each day or each year?
What if you have a party in your house, someone could get burnt on the BBQ, should have a waiver n'est pas?
If I was putting our boat into a long hard offshore race I might think of a waiver, but remain convinced that for day to day events they should not be neccesary. I ahve crewed Norfolk to BVIs and NYC to Bermuda and nobody ever talked about waivers. 
If I am wrong, well then perhaps the world has become a much sadder place than I believe.


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## night0wl (Mar 20, 2006)

I guess its inevitable...you sign waivers for everything now. Past commodore in our club asks for people to sign waivers when crewing aboard his boat. He is a smart and well-off man, so I assume he has stuff to lose....


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## svzephyr44 (Jun 26, 2000)

bvander66 said:


> This thread is so sad. I guess a testemant to the times we live in.


I don't see it that way. I too have been sailing for years - 55 to be semi-exact. I have crewed, raced, recruited crew on my boat, etc. What motivated me to post this thread is that the people I am recruiting are much removed from my former crews. It is easy in the US to check people out. I also, perhaps incorrectly, presume they have similar attitudes with respect to risk and liability. My crews are now international. They may have different backgrounds, life experiences, and expectations about liability. As a consequence I have reduced to writing a lot of things that I used to pass on verbally to my crew. I have created a "standing orders" document that is primarily the standard operating procedures for _Reboot._ I used the term "limitation of liability" in this thread because it was the one area where I was looking for some good language but it is part of a document - call it a contract - that lays out my relationship to the crew, for example:
1. Who pays the cost of getting to and from _Reboot,_
2. Expected arrival and departure dates, 
3. Required contributions to operation (normally one share of the food costs,)
4. My expectations about health insurance,
5. Medical needs,
6. Emergency contact information
5. Citizenship information (primarily for the crew list checking into and out of countries

The purpose is to assure that there is no misunderstanding about rights and responsibilities and that I have the data I need to deal with local authorities and provide proper care in the event of a medical problem or accident.

Also, in the event of a serious problem I want to make sure that not only my temporary crew but also his/her family, successors, agents, insurance companies, etc. know the score. I know from personal experience that very reasonable people can get very crazy and nasty when egged on by a lawyer looking at what the lawyer believes to be a large contingency fee.

You have your point of view and I have mine. Just as many Captains will no longer take on crew that smokes you would not be welcome on my boat unless you signed the "contract." All that means is we don't agree. 

Fair winds and following seas.


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## svzephyr44 (Jun 26, 2000)

bvander66 said:


> If I was putting our boat into a long hard offshore race I might think of a waiver, but remain convinced that for day to day events they should not be necessary.


FYI - every major sailboat race I have been in (e.g. Chicago - Mac) the race organizers have required everyone to sign waivers. Its funny, the list of required safety equipment for a Chicago - Mac costs about $10,000 to $20,000. You have to have it on board to race. But the waiver says if you screw up its all your fault.

Also, bad stuff does happen. In the most recent Chicago - Mac two people were killed in a freak storm. (The first fatalities in over 100 Chicago - Mac races.) Trust me, more than someone will be looking at liability.


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## bvander66 (Sep 30, 2007)

svzephyr44 said:


> FYI - every major sailboat race I have been in (e.g. Chicago - Mac) the race organizers have required everyone to sign waivers. Its funny, the list of required safety equipment for a Chicago - Mac costs about $10,000 to $20,000. You have to have it on board to race. But the waiver says if you screw up its all your fault.
> 
> Also, bad stuff does happen. In the most recent Chicago - Mac two people were killed in a freak storm. (The first fatalities in over 100 Chicago - Mac races.) Trust me, more than someone will be looking at liability.


I have no doubt that major race/rally organizers have waivers, this has been the norm since the Falmouth disaster. Even some sailing clubs/associations have a beginning of the year waiver for the race season, not that they are worth the paper they are written on, but they do allow lawyers to make more money. I agree with the aspect of a "contract/agreement" if taking on crew for a major voyage, makes sense to make sure all are on the same page, and good protection for crew and skipper, but this is different from a waiver imho.


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## davidpm (Oct 22, 2007)

svzephyr44 said:


> I have created a "standing orders" document that is primarily the standard operating procedures.


that sounds like a good idea.
Would you mind sharing it?


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## svzephyr44 (Jun 26, 2000)

davidpm said:


> that sounds like a good idea.
> Would you mind sharing it?


Try this link https://docs.google.com/open?id=0B2DnIrraLRikYkZpVWJ3VndsYkk


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