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SHIPS ARTICLES
Being a set of
By-Laws and Rules, none of which are new,
save that they have now finally been put to paper, and as such, may
be considered "Law”
Keith & Lea Pennicott
2003
Welcome aboard Tientos
A copy of these Ship’s Articles is provided to all persons staying
aboard Tientos for the duration of a cruise in excess of one night.
Sailing aboard Tientos is designed to give participating crew first
hand experience of sailing a well equipped cruising yacht on a
coastal or sea voyage. Tientos is definitely not a five star luxury
cruise where everything is done for the guests!
Crew in this case, means a person who works the yacht from one
anchorage or port to another and is expected to fulfill their duties
and responsibilities at all times. It is a “shared expenses and
duties” cruise.
We will attempt to run a happy and safe ship and divide watches,
duties and responsibilities equitably between all crew members.
Every attempt will be made to make the voyage interesting,
challenging and enjoyable, while keeping in mind that this is a
marine journey and there are likely to be times when crew members
encounter rough, heavy weather, or physically frightening
situations. The sailing schedule and various destinations are based
on known general wind, weather and sea conditions for particular
latitudes and times of the year.
Every effort will be made by us to adhere to the schedule as agreed.
However, we retain the right to change the sailing schedule (start
and finish dates, ports of call and destinations) of a particular
voyage, if in our opinion, the safety of the vessel or crew is in
danger of being compromised. Crew should be aware that during a one,
two or three week voyage they may experience a range of weather
conditions as described by the Beaufort Wind Scale numbers 1 to 9.
The cost of Tientos’ ‘share expenses’ includes: accommodation,
instruction, food, fuel, custom and port fees (where applicable). It
does not include your airfare, medical, travel or accident
insurance, alcohol, fishing, shore trips, marina crew fees,
miscellaneous individual charges, personal or communication
expenses.
The goal to which we are dedicated to is simple and clear:
To provide co-adventurers with a realistic and valuable experience
We look forward to sharing an important and exciting learning
experience with you!
Keith & Lea
Ship’s Articles
The safety of the vessel and crew is of the utmost importance
To this end, I agree to support this shared responsibility at all
times and in the following ways:
* Acknowledge Tientos voyagers will be signed on as crew, not
guests, passengers or tourists.
* To pay close attention to the orientation and safety briefing
prior to departure.
* To abide by the safety rules and procedures as outlined in the
briefing, including the wearing of a safety harness/tether and or
life jacket while on deck, regardless of the prevailing weather
conditions, at night and all other times when directed to do so.
* To agree to “Zero Tolerance” in regards to illegal drugs aboard or
ashore and to the carrying of any weapons and to advise the Skipper
if other crew have done so.
* To refrain from smoking below decks and to abstain from alcohol
whilst underway.
* Be on deck at least ten minutes before taking over the watch so I
can be briefed by the on watch crew, adjust to the sailing and sea
conditions, note the course to steer and organise my protective
clothing and equipment for the duration of the watch.
* As a crew member I am expected to share in the general upkeep of
the yacht. This means taking an active part in the following on
board activities: navigation, sail changing, sail trimming, cooking,
cleaning decks, hull, saloon, cabins and heads, laundry, standing
watch, general maintenance, dinghy cleaning, safety procedures and
emergency drills.
* I understand that during a passage it is not possible to fix
different meals for each person. I agree to eat what the cook serves
and not to exist on between meal snacks. I understand that food
aboard Tientos will be nutritious, interesting and as varied as
possible using fresh, frozen, dried, and tinned foods. I agree to
take my turn in preparing, serving, and cleaning up of meals.
(please note, Tientos does not cater for vegetarians)
* As a member of the yacht crew I realise that I will be living in
close quarters with other crew members, therefore co-operation and
consideration is essential for the mutual success and happiness of
all involved in the voyage.
* I am to treat all yacht equipment, accessories, tender/s and
outboard motors, with respect and report any defects or faults
immediately.
* If I exhibit socially unacceptable, physically violent behaviour
or am uncooperative in regard to the agreed common goals of the
group, I will be put ashore at the nearest port to be repatriated,
at my own expense. If I am asked to leave under the above
circumstances I agree by signing this agreement not to seek redress
or sue for any real or imagined damages.
* As a member of the crew I agree to be involved in the anchor or
port watch system whenever necessary. This system requires one
person to remain on board on a rotational watch system basis, whilst
Tientos is at anchor or moored alongside a wharf or jetty. It
involves looking after the security of the vessel, personal gear,
keeping an active anchor watch or checking that mooring lines and
fenders are secure when moored.
* Each crew member must carry at all times while on watch, a whistle
and a pocket-knife. During watches at night include a flashlight and
personal strobe light.
* There must be at least one member of the watch crew on deck at all
times.
* Only when off-watch can a crew member take a shower, read
magazines or books, listen to music on a personal Walkman or spend
more than 5 minutes below deck.
* The general strategy, course to steer, sail selection and
organisation of the crew are the responsibility of the Captain. The
Captain has the final say and must approve any change to the stated
watch orders. The Captain has the final authority at all times and
must be consulted and informed accordingly.
* As a member of the crew, I agree to make financial contribution on
or before the required date and realise overdue payments will
jeopardise my position on the boat and will cause me to forfeit all
monies paid to date. In the unlikely event Tientos is unable to
depart within 14 days of the original departure date all monies paid
shall be refunded.
* I also understand I may expect to encounter heavy weather,
constant motion, uncomfortable and possibly frightening conditions
and sleep deprivation.
I hereby acknowledge that I have read the foregoing Ship's Articles,
understand the contents thereof, and sign the same voluntarily for
the purposes set forth therein.
Signed: _____________________________ Date: ____________________
Witness:_____________________________ Date:____________________
Assumption of Risk
Completion of this form is required for each person joining Tientos.
Please read carefully before signing. By signing this Agreement,
each person participating in a sailing passage waives all claims
against Keith and Lea Pennicott for injury, accident, illness or
death during or by reason of their joining a passage on the sailing
vessel Tientos
I,_______________________________(Name of Applicant) DO HEREBY
ACKNOWLEDGE that I am aware that during the sailing passage in which
I will be participating, certain risks and dangers may arise,
including but not limited to, the hazards of traveling on the open
sea, falling overboard, storms, high winds, collision of vessels,
shipwreck, travel ashore in remote terrain, the forces of nature,
and accident or illness in remote regions without means of rapid
evacuation or medical facilities. I am also aware and clearly
understand that Keith and Lea Pennicott will have no liability
regarding provision of medical care or the adequacy of any care that
may be rendered.
I have read the Ship's Articles supplied to me by Keith and Lea
Pennicott, and agree to abide by these rules on board or ashore, for
the duration of the passage.
I understand that although there may have been suggestions as to air
carriers and/or travel agents, Keith and Lea Pennicott assume no
liability for injury, damage, delay, irregularity or loss of baggage
relating to travel.
In consideration of the Agreement to participate in this passage, I
hereby agree that I will assume all risk of this trip and I will not
make any claims against Keith and Lea Pennicott or sue for bodily
injury, emotional trauma, death and/or property damage resulting
from negligence or unseaworthiness of the vessel, or other acts,
however caused, as a result of my participation in this passage. I,
therefore, release, indemnify and discharge Keith and Lea Pennicott
from all claims, actions and demands that I may have for bodily
injury, death or property damage arising from my participation in
the passage.
_________________________________ (Applicant's Signature).
This RELEASE OF LIABILITY, AGREEMENT TO HOLD HARMLESS AND INDEMNIFY,
AND ASSUMPTION OF RISK Agreement is entered into on behalf of all
members of my family, including any minors accompanying me. If any
person who accompanies me on this trip as part of my family makes
claim, or if a claim is made on their behalf, my estate or I will
indemnify and hold harmless Keith and Lea from any loss, including
reasonable solicitor’s fees incurred in the defense of such claim.
This Agreement is binding upon my heirs, legal representative and
assigns. If any portion of this Agreement is unenforceable, the
remaining portions shall remain in full force and effect. All
applicants are subject to acceptance by Keith and Lea Pennicott.
This Agreement shall be deemed to have been entered into the
registered port of Tientos at Darwin Harbour, Northern Territory,
Australia and shall be construed and interpreted according to the
laws of the Northern Territory. In the unlikely event a legal
dispute should arise, I agree the dispute shall exclusively be
brought before the appropriate court in Darwin, in the Northern
Territory of Australia.
I have carefully read this and understand its terms. I execute it
voluntarily and with full knowledge of its significance.
Dated this________day ___________20___
___________________________________________
Signed by applicant
___________________________________________
Signed by Witness
___________________________________________
Name and address of Witness
___________________________________________
Signed by applicant
___________________________________________
Signed by Witness
___________________________________________
Name and address of Witness
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