SportFishing and Charters Forum - Release and consent forms and insurance questions for Charter CAPT's

For the Charter Captains out there.

Do you have a standard release form you make people sign before taking your charter? If so where did you get it? Is there any other agreement form you make them sign?

Also does anyone have a good recommendation on Insurance for a charter Captain? (And if you are an insurance salesman feel free to PM me or respond).

Just had a great experience with Sea School Charleston and passed my OUPV (6 pack )test. Forming an LLC now and getting TWIG card and upgrading insurance are next steps along with building the website and getting advertising.

But was wondering if anyone wanted to share if they had release forms / contracts that they used, how or where they got them, etc.

As far as a release form,,I have been a customer and a charter captain for over 20 years and have never seen a release form,,You are now a Captain and fully responsible for your vessel and passengers. Other thing is check your state for insurance requirements.

I use Chad at Charter Lakes. They have good rates and great service. 800-879-2248

I don't use release forms. I don't know of anyone that does. A release form/hold harmless will not save you from being sued for gross negligence. As far as the normal risks they are covered by your liability insurance policy. Good luck on your new endeavor!

Not a Charter Captain but have fished on dozens of Charter trips and have never signed a contract at booking and/or a release form for the trip

When I was in Alaska in May, the charter (salmon) there required a signed release waiver before stepping on board.

A TWIC is no longer required by the Coast Guard for a OUPV unless you pilot in a restricted port.


As of December 2011

•
The TWIC card is not needed for

licensed personal unless the vessel
has a restricted area



(inspected vessels).
• You do not need it for license renewal

You do realise that 46 USC sec. 30509 prohibits waivers of liability on US flag commercial vessels. That section provides:
(a) Prohibition.—
(1) In general.— The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between a port in the United States and a port in a foreign country, may not include in a regulation or contract a provision limiting—(A)the liability of the owner, master, or agent for personal injury or death caused by the negligence or fault of the owner or the owner’s employees or agents; or
(B)the right of a claimant for personal injury or death to a trial by court of competent jurisdiction.

(2) Voidness.— A provision described in paragraph (1) is void.

So if you want to make your passengers sign a waiver that is illegal under federal law, feel free to do so, but all you are doing is making them feel uneasy as it will never hold up in court.

"a vessel transporting passengers between ports."

Most charters leave and return to the same dock, as opposed to between ports........plus an argument can be made the vessel's primary purpose is not "transporting passengers" ..........I would guess there is caselaw out there on this.

That being said, I agree a waiver probably would not hold up, and might disturb clients.

"a vessel transporting passengers between ports."

Most charters leave and return to the same dock, as opposed to between ports........plus an argument can be made the vessel's primary purpose is not "transporting passengers" ..........I would guess there is caselaw out there on this.
.

Between ports doesn't mean it has to be two different ports - it is there to differentiate between a vessel that leaves port and one that does not. There is caselaw on that. Also, every charter is transporting passengers - that is why you need a capt/masters license - if it were just for crew, like a dragger or longliner under 200 tons, then no license is required.

You do realise that 46 USC sec. 30509 prohibits waivers of liability on US flag commercial vessels. That section provides:
(a) Prohibition.—
(1) In general.— The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between a port in the United States and a port in a foreign country, may not include in a regulation or contract a provision limiting—(A)the liability of the owner, master, or agent for personal injury or death caused by the negligence or fault of the owner or the owner’s employees or agents; or
(B)the right of a claimant for personal injury or death to a trial by court of competent jurisdiction.

(2) Voidness.— A provision described in paragraph (1) is void.

So if you want to make your passengers sign a waiver that is illegal under federal law, feel free to do so, but all you are doing is making them feel uneasy as it will never hold up in court.

Bingo!!!! This was just upheld by the 11th Circuit Court of Appeals against Royal Caribbean. No release form will protect any commercial vessel from liabilities due to misconduct or gross negligence.

http://www.cruiselawnews.com/2011/12/articles/passenger-rights/flowrider-accidents-royal-caribbean-liability-waivers-are-unenforceable/

Many 6 pack charter boats are not "US flag commercial vessels". In MA, a charter boat does not need to be a commercial vessel (ie...no commercial reg and/or documentation required).

A TWIC is no longer required by the Coast Guard for a OUPV unless you pilot in a restricted port.

As of December 2011

•
The TWIC card is not needed for

licensed personal unless the vessel
has a restricted area



(inspected vessels).
• You do not need it for license renewal


Where did you find this information?
I'm in the process on getting my OUPV license and It is still required in the paperwork.

Many 6 pack charter boats are not "US flag commercial vessels". In MA, a charter boat does not need to be a commercial vessel (ie...no commercial reg and/or documentation required).


That is incorrect - any vessel operating commercially in Navigable Waters (meaning not a lake wholly within a state) must be US flagged - meaning the must be US built , owned by an American Citizen and operated by a US licensed operator. And, just so it is clear recreational boat docuemented or registered with any US state are US flagged vessels. Ther is no requirement for being documented as commercial,m but it must be US flag.

Speaking of US built, there is the Jones Act to contend with (applies to charter boats). It requires that your vessel must have a US origin.

Not a problem unless you pick up a Novi boat in your travels. They are available in the US market.

Oh, and a twic IS still required for new applications. I'm not sure about renewals, but for new it is a req.

What kind of coverage do most carry? We have a $2m / $1m policy for the swan boat rentals because that's what the property management wanted, would that be about right for fishing / sightseeing charters?

Where did you find this information?
I'm in the process on getting my OUPV license and It is still required in the paperwork.

I'm in the process of having my charter boat inspected by appointment rather than out a sea possibly ruinning a fish trip. There's a lot of material and equipment that is required that many don't know about. It's quite a lengthy list. Not having a TWIC could save you over $130.00

http://www.northstarflotilla.com/Files/UPV/UPV_%20presentation_for_CVO.pdf

What kind of coverage do most carry? We have a $2m / $1m policy for the swan boat rentals because that's what the property management wanted, would that be about right for fishing / sightseeing charters?

For a six person charter that would be okay; for 12 person you'd want double that and for a 49 passenger boat $5 million would be about the minimum.

I'm in the process of having my charter boat inspected by appointment rather than out a sea possibly ruinning a fish trip. There's a lot of material and equipment that is required that many don't know about. It's quite a lengthy list. Not having a TWIC could save you over $130.00

http://www.northstarflotilla.com/Files/UPV/UPV_%20presentation_for_CVO.pdf

Thanks for the info. I contacted them 2 days ago and a checklist was sent to me with all the requirements, the TWIC was the first item on the list ( a copy of application receipt will suffice) It's a hassle for me to get it since I have to travel 5 hours to the nearest center. Wish I didn't need it.

Thanks, ton of info from everybody so no release form, and am in the process of getting the insurance and thanks to CPT Ray (CAPT Castafly) that pdf was really helpful.

Thanks, ton of info from everybody so no release form, and am in the process of getting the insurance and thanks to CPT Ray (CAPT Castafly) that pdf was really helpful.


Sharkfighter.....

No matter how long you been out to sea .... there's still plenty to learn about regulations.

I agree with all its regulation requirements, just wish the Coast Guard would up-date and modernize. Why should we have tide/current books, paper nav charts when we already have access to this same information thru Nav units, palm pilots, naps, ect.

Sharkfighter.....

No matter how long you been out to sea .... there's still plenty to learn about regulations.

I agree with all its regulation requirements, just wish the Coast Guard would up-date and modernize. Why should we have tide/current books, paper nav charts when we already have access to this same information thru Nav units, palm pilots, naps, ect.

We asked the same type questions at sea school a few weeks ago when we were doing Charting with those hand plotters and dividers. I thought when will I use this and not my GPS and back up handheld GPS? If both of those are out, the coast is to the west of me LOL or EPIRB.

But on that question, is my Top Spot chart good enough or do I have to have that large paper one for the area on the boat?

But on that question, is my Top Spot chart good enough or do I have to have that large paper one for the area on the boat?

If Top Spot Charts are like Ole Seagull Charts in the Northeast, even thro they are copied for actual nav charts, they won't except them. Some printing of fishing locations and their notes might obsure pertinent information from the actual charts.

Just need a recent chart of the area you fish.
The ironic part, the CG does not require you to have a compass of parallel ruler. What good are they?

i past my two hour examine today. Got the sticker in place, hopefull I won't be delayed to much from inspections.

The OUPV inspection takes about ten minutes and your have the sticker. Have your life jacket out and ready for inspection, vessel name on the throw ring and fire extinguishers. They also check ALL of my federal fishing permits. (Don't show an OUPV guy any commercial permits you have as they then require a whole different list of items EBIRB and life raft etc.) Getting back to waivers, these are my personal thoughts. If a court finds negligence your waver is worthless. If they did anything your insurance company would require them to be saved. You may also ask your agent where coverage cease to exist with weather regulations. I would get that in writing from them there is a difference between a small craft warning and advisory.Also find out exactly what drug/alcohol tests you need on board.
Example a boat in my marina had an in-deck well that the mate left open and a customer stepped in it breaking his leg. The boat was liable for a lot of money. The waiver would have done nothing to prevent the payment for damages. Another example is can we swim, snorkel on the way home. My answer is no as there is no dive master and swimmers insurance was extremely expensive for a 15k policy (max they would write). Slip and falls are what the insurance company told me were there number one source of injuries. Basically in this legal society people take no responsibility or accept there are any inherent risks.

That is incorrect - any vessel operating commercially in Navigable Waters (meaning not a lake wholly within a state) must be US flagged - meaning the must be US built , owned by an American Citizen and operated by a US licensed operator. And, just so it is clear recreational boat docuemented or registered with any US state are US flagged vessels. Ther is no requirement for being documented as commercial,m but it must be US flag.

Again, not 100% accurate. Being built in US is a requirement only for vessels that are to be documented and over 5 tons (displacement). Over 5 tons, there are ways to legally get around this.
And I'll mention again, a charter boat in MA does not need to be a commercial vessel.
Note the section you related that this applies to prohibits waivers of liability on US flag commercial vessels. It does not apply to recreational vessels.

The OUPV inspection takes about ten minutes and your have the sticker.

That doesn't seem like a through inspection compared to mine to get an inspection sticker?

One officier took twenty minutes going over drug policy. I'm required to post a Drug and Alcohol Company Policy that's a two page form covering Medical Review officers, educational policys explained in detail to crew, company reps etc. The letter from a drug consortium as an associated member is only the begining. You also have to know and teach the policy to crew. Need a two hour alcohol test on board for all crew, have on board forms for serious marine incidents, forms for procedure to file a report. Plenty of paper work right there.

Maybe took ten minutes examining my flares/signal devices. Looked at all dates, dismantled my flair gun, inserted shells, remove shell, fired the trigger, the whole bit.

Like you said... all these are valid points to cover pending any litigation.

That doesn't seem like a through inspection compared to mine to get an inspection sticker?

One officier took twenty minutes going over drug policy. I'm required to post a Drug and Alcohol Company Policy that's a two page form covering Medical Review officers, educational policys explained in detail to crew, company reps etc. The letter from a drug consortium as an associated member is only the begining. You also have to know and teach the policy to crew. Need a two hour alcohol test on board for all crew, have on board forms for serious marine incidents, forms for procedure to file a report. Plenty of paper work right there.

Maybe took ten minutes examining my flares/signal devices. Looked at all dates, dismantled my flair gun, inserted shells, remove shell, fired the trigger, the whole bit.

Like you said... all these are valid points to cover pending any litigation.

The OUPV is an inspection of the boat and your safety equipment to make sure you meet standards. Drug consortium's are not part of this but the proper on board documents are.There are a series of placards you must display like pollution, garbage Etc. They probably wanted your garbage plan also. Captains license, documentation, Federal permits, placards, fire extinguishers, flares, signaling device, and safety gear along with throw ring is the standard OUPV stuff. I am surprised at the amount of time on drug laws he spent. I thought I remembered a form with eight or ten check boxes and he was finished. I have had a few of theses done by the same inspector and never had a problem. The one for commercial fishing is more stringent and includes additional items.
One other thing when the inspector arrived I had all life jackets laid out, documents and books stacked for him to review and flare guns and flares ready for him. I think being prepared helps speed things up. This is not a mandatory inspection but that sticker should exempt you from the "Do You Mind If we Board you for a safety check" as you return to port with customers is why I had it done and allows you a certian peace of mind.

Nothing the OUPV inspection does will prevent any liability for anything! If a customer is injured or worse dies the USCG will do an investigation and issue a finding. The customer will probably try and collect from your insurance company. Your original question about waivers should be directed to the insurance company. They know exactly what they pay claims out for. Most marinas also have you add them as an additional insured to cover them also. All the waivers in the world will do nothing if you are found negligent in any way.

Here it is from the USCG, http://www.uscg.mil/pvs/docs/PVSA_NVIC_7-94.pdf

Just seeing that the chartering industry is heading in the direction of full compliance of saftey regulations and requirements.

The OUPV will soon be obsolete with more regulations to protect the public, Coast Guard, including charter captains.

The new designation might be Operator of Inspected Private Vessel.

Larry,

That link supplied is date 1994. There has to be a more revised edition, especially on drug/alcohol policy.

I ask the person paying for the charter to sign a form agreeing to abide by the commands of the captain, and also that their likeness may be used on the website for photos, videos and the like. The more documentation of who you have and what the circumstances of the trip were the better off you will feel, Once had a gorgeous woman and her husband show up for a trip with her son. She was in a cast from her big toe to her knee, and so I made sure she understood the problems she might face if there were an emergency on the water. She was a navy corpsmen and really was not at all concerned.
As we passed a 40+ fter on the way out of the marina, she exclaimed, " I could see myself naked on the bow of that one", to which I replied " good thing I brought my glasses that prevent me from seeing the flesh, so feel free to disrobe at any time". Her only reply was "next time we leave the kid at home". Oh my. Could not tell you if we caught a fish or not.