2013 FUN TIMES ARMADA APOSTLE ISLANDS CRUISE POLICY MANUAL

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1 2013 FUN TIMES ARMADA APOSTLE ISLANDS CRUISE POLICY MANUAL Introduction... 2 Roles... 2 Policies... 3 Staffing... 3 Registration and Payment... 3 Sailing... 3 Shipboard Duties... 4 Liability... 4 Drug and Alcohol Use... 6 Crew Waiver and Agreement... 6 Reference Documents Fun Times Armada Apostle Islands Cruise Page 1

2 Introduction The Twin Cities Sailing Club and the Lake Harriet Yacht Club offer an annual opportunity for sailors to experience sailing on larger sailing vessels on Lake Superior. This cruise, known as the Fun Times Armada, typically takes place at the end of the sailing season in late September, over the course of a long weekend, from Thursday to Sunday. The sailing venue is the Apostle Islands, and sailing vessels are chartered at Port Superior near Bayfield Wisconsin. Over the course of the last few years, the annual cruise has grown and in 2011 and 2013 it consisted of seven sailing vessels and approximately 50 sailors. Furthermore, like any sport/activity, sailing comes with inherent risks, and these risks are generally amplified on Lake Superior, primarily due to the remote location and the very cold water. With the combination of the growth of the cruise and the inherent risks, the need has become apparent to formalize policies and procedures for various aspects of the cruise. Cruise policies are documented in the sections that follow. Failure on the part of participants to adhere to these policies may result in crew members being returned to the marina, and/or being banned from participation in future TCSC/LHYC cruises. Roles First, there are several key roles for people leading or participating in the cruise, and these roles are referred to throughout the remainder of this document. Role Organizer Skipper Crew Description The cruise Organizer leads and facilitates planning and execution of the cruise. This begins with a spring planning meeting each year, and concludes with the post-cruise survey of the crew in the fall. In between, the Organizer recruits skippers and crew, coordinates reservation of sailing vessels, manages crew registration and payment, conducts crew orientation, and facilitates coordination of skippers and sailing vessels during the cruise. Volunteer Skippers captain each sailing vessel. The Skipper is responsible for leading the operation of a given sailing vessel and its crew. Each sailing vessel is staffed with anywhere from 4 to 8 Crew members with a range of sailing experience Fun Times Armada Apostle Islands Cruise Page 2

3 Policies Staffing Each sailing vessel chartered from Superior Charters as part of the cruise is to be staffed as follows: The vessel is to be captained by an experienced skipper with a combination of certification, training, and/or experience deemed acceptable by Superior Charters to bareboat skipper sailing yachts, and by the cruise organizer. Each vessel will be staffed by the cruise organizer with crew offering a range of sailing experience. The general goal is to balance crews such that each crew is composed of a range of experienced sailors to novice sailors. Prior to leaving port, the skipper must appoint a first mate capable of sailing the vessel in the event that the skipper is incapacitated and cannot do so. o It is recommended that a second mate also be appointed as a contingency. o It is further recommended that the skipper and crew discuss sailing roles. Crew members may have different appetites for sailing and learning, and a discussion prior to setting sail can help to establish a foundation for a more positive experience for all. Registration and Payment In order to reserve a place on the cruise, prospective crew members must complete the online registration process and must submit a non-refundable deposit. The balance of payment for the cruise is due following crew orientation but prior to the cruise. As a condition of registration and participation, all crew must sign in hardcopy the waiver/release and crew agreement. Sailing With a range of sailing experience, it must be understood that not all crew members may be comfortable with all sailing conditions, and Lake Superior in particular can offer some challenging conditions to say the least. It is therefore up to the skipper to confer with the crew when conditions warrant careful consideration, and to evaluate their willingness and capability to sail in such conditions. Options to consider in heavy winds and weather may include delaying departure from the marina or anchored location, or if sailing, seeking the shelter of an appropriate anchoring location. It is the crew s responsibility to follow the directions of the skipper, and to assist with sailing the vessel. In the unlikely event that the skipper is incapacitated, then the crew must follow the directions of the first mate. Again, it is helpful to have predetermined who will generally be doing what in terms of sailing. For example, who will be available on deck to sail the vessel (work the sails and so forth), those who wish to learn, and those who may wish to simply enjoy the ride. There are also critical points in cruising where the skipper relies heavily on the crew to sail the vessel. This is particularly true at dock departure and arrival, and when anchoring. Designated crew members are expected to help with these key tasks. Finally, it is also helpful to 2013 Fun Times Armada Apostle Islands Cruise Page 3

4 appoint a crew member or two willing and capable of working the motorized dinghy to take people to and from shore while at anchor. Shipboard Duties Beyond sailing, all crew are responsible for general shipboard duties including cooking, cleaning and other miscellaneous tasks. While the sailing vessels are generally high quality, they are indeed boats with close quarters. Therefore, crewmates are expected to cooperate and work with one another to keep the vessel clean and orderly. Individual crews typically make meal plans with individuals responsible for a given meal or two over the course of the cruise. Other crew members are expected to assist in meal preparation, and more importantly, to help clean up after each meal. Most vessels only have one or two heads (bathrooms). It is important for crew to be considerate of other crew members when using the heads. If a head becomes unusable, it may require that the vessel go into port to address the situation. Consider the following with regard to using the heads: Skippers give instructions on use of marine toilets prior to leaving the marina Only use of marine toilet paper is allowed Use on-shore facilities when possible (on the islands) When using the head, be sure to leave it in a condition suitable for others use (in other words, clean up after yourself) Liability Returning to the inherent risks of sailing, the issue of liability must be addressed. There are two aspects of liability to consider: Injury or loss of life Damage to sailing vessels To date, no FTA crew member has ever been seriously injured let alone lost a life, and the primary goal is to keep it that way. Safety is of paramount importance, and should be the first consideration at all times, whether under sail, motoring, or at anchor. Various precautions are in place to support this policy: All crew members All crew members are required to complete a medical information form as part of the registration process or prior to setting sail. These forms will be kept confidential and in an envelope on board the vessel. They will also be kept in digital format by the cruise organizer. Such information will only be used in the event of an emergency. All medical information will be disposed of immediately following the cruise. On the matter of liability, as part of the registration process, all crew members must sign a waiver releasing the Twin Cities Sailing Club, the Lake Harriet Yacht Club, the 2013 Fun Times Armada Apostle Islands Cruise Page 4

5 respective club officers, the cruise organizer and the skippers from liability in the event accident, injury, and/or negligence. With regard to the well-being of the sailing vessels, each of the sailing vessels is the property of an owner, and as such, should be treated with great care. It is expected that skipper and crew treat the sailing vessel as if it were their own, and act in a prudent manner and with good judgment so as to avoid and prevent any damage to the vessel. For the each of the sailing vessels, each skipper signs an agreement with Superior Charters taking responsibility for the boat. In turn, the FTA crew signs a crew agreement of which one provision is to share in the responsibility for the sailing vessel. While it is not common, accidents do happen from time to time, and in the event that damage to the vessel occurs, the skipper and crew must follow the liability/damage arbitration process detailed below. Liability is limited to a maximum amount equal to the insurance deductible for the boat, which varies based on the size of the vessel. The table below summarizes the deductible amounts for each of the charter insurance options offered by Superior Charters. The damage waiver is the amount paid daily for insurance on that vessel by the chartering party. Option Boat Length (feet) Daily Yacht Damage Waiver ($) Maximum Liability 1 < 35 $90 $0 36 to 39 $114 $0 >40 and catamarans $118 $0 2 < 35 $45 $ to 39 $57 $1,000 >40 and catamarans $59 $1,000 3 < 35 $33 $1, to 39 $45 $2,000 >40 and catamarans $47 $2,000 ($) For the cruise, TCSC/LHYC select Option 2 under the Superior Charters Yacht Charter Agreement. Therefore, the maximum liability in the event of damage is limited to $500 or $1,000, based on boat size (assuming that all charter policies are followed). The procedure in the event of damage is as follows: 1. The skipper and crew assess the damage, and report the damage to the cruise organizer as soon as possible Fun Times Armada Apostle Islands Cruise Page 5

6 2. Skipper and crew discuss and evaluate responsibility for the damage. In some cases, one person may be clearly responsible, while in others the entire crew may share responsibility. 3. If the skipper and crew cannot come to a resolution on responsibility, then the matter must be escalated to the cruise organizer for evaluation and facilitation of a resolution on responsibility. The cruise organizer may enlist the expertise of other skippers and/or TCSC/LHYC officers in evaluation of the matter. 4. Upon return to the marina, the responsible party must report the damage to Superior Charters and make arrangements for payment. Drug and Alcohol Use It is expected that all crew have fun of course. However, at the same time, it is also expected that crew members act responsibly and within legal bounds. Again, safety is of paramount importance, and the use of alcohol and/or drugs can pose a serious threat to the safety of the crew. The most obvious matter in this regard is the use of alcohol, and the following points are to be considered: All crew are asked to consume alcoholic beverages in a reasonable and responsible manner. Again, there are inherent risks of a sailing adventure on Lake Superior, and drinking irresponsibly increases the chances of an accident substantially. It is recommended that each sailing vessel have a policy of no drinking until anchor is down. Given an emergency, all sailors must be able to think clearly and act quickly. Keep in mind that drinking irresponsibly on the part of some crew members also frequently adversely impacts the cruise experience for other crew members. Crew Waiver and Agreement All crew, including skippers, must sign in hardcopy both the waiver/release and the crew agreement as a prerequisite for participation in the sailing cruise. The waiver release and crew agreement are presented on the pages that follow Fun Times Armada Apostle Islands Cruise Page 6

7 FTA Apostle Islands Cruise WAIVER AND RELEASE OF LIABILITY READ CAREFULLY BEFORE SIGNING In consideration of the being allowed to participate in the Fun Times Armada Sailing Trip in the Apostle Islands of Lake Superior ( Sailing Trip ), I acknowledge, appreciate and agree that: 1. ASSUMPTION OF RISK. The Sailing Trip may involve risks and hazards like sailing accidents, collisions, drowning, being cut, hit or crushed, and unpredictable or hazardous weather. These are only examples of some of the risks, and are not a complete list. I am not relying on any RELEASEE to list all of the risks. The risk of injury from activities related to the Sailing Trip is significant, including the potential for permanent disability, paralysis and death. I KNOWINGLY AND FREELY ASSUME SUCH RISKS, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined below). 2. WAIVER OF LIABILITY AND RELEASE. I, for myself, and on behalf of my heirs, assigns, executors and personal representatives, RELEASE AND HOLD HARMLESS the Twin Cities Sailing Club and the Lake Harriet Yacht Club, and their respective officers, cruise organizer(s), skippers, members, agents, representatives, guests, and all participants in the Sailing Trip (each, a RELEASEE ), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to persons or property, I might suffer, CAUSED BY THE NEGLIGENCE OF ANY RELEASEE. I do not release any claim caused by the recklessness, gross negligence, willful or wanton acts of any RELEASEE. 3. This Waiver and Release of Liability (Waiver) is governed by Minnesota law and is intended to be as broad as Minnesota law allows. If any clause of this Waiver is held invalid, the remainder of this Waiver will continue to be enforceable. By signing below, I acknowledge that I HAVE READ THE WAIVER AND RELEASE OF LIABILITY SET FORTH ABOVE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I UNDERSTAND THAT IF I DO NOT ACCEPT THE ABOVE WAIVER AND RELASE OF LIABILITY, I WILL NOT BE PERMITTED TO PARTICIPATE IN THE SAILING TRIP. Participant s Signature Date Signed Waiver Participant s Printed Name 2013 Fun Times Armada Apostle Islands Cruise Page 7

8 FTA Apostle Islands Cruise Crew Agreement As a member of the Twin Cities Sailing Club or Lake Harriet Yacht Club, or a guest of such a member, I acknowledge that: I have reviewed the 2013 Fun Times Armada. My sailing vessel s skipper for the cruise is a volunteer and is receiving no payment for his/her services. As a crew member, I agree: To abide by all instructions from my skipper. To conduct myself in a responsible, adult manner. To make safety of myself and my fellow crew members my first priority and consideration during the cruise. To be a contributing member of the crew and to participate in all (non-sailing) shipboard duties. I understand that the skipper and crew together assume collective responsibility for their sailing vessel. I agree to report any damage to my sailing vessel, and to abide by the established liability arbitration process to determine responsibility and settle payment for any damage to my sailing vessel. Participant s Signature Date Signed Agreement Participant s Printed Name 2013 Fun Times Armada Apostle Islands Cruise Page 8

9 Reference Documents Links to the following Superior Charters documents are included for reference: Yacht Charter Agreement Crew List and Liability Indemnification Agreement 2013 Fun Times Armada Apostle Islands Cruise Page 9

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