Challenger Crew Terms and Conditions

1.Terms and conditions
1.1 The Charter Fee
The Charter Fee payable for the registered event is “COST” this being:

1 x crew member paying “COST” each.

The Charter Fee whether paid in full in one payment or via an agreed payment schedule must be received in full by the Organizer 90 days before the advertised start date of the Event.

1.2 The Deposit
The Deposit secures the Charterer’s position on the vessel in advance of the final Charter Fee payment date thus allowing the charterer to confirm their selected event well in advance. If the Deposit is made via bank transfer all transfer fees must be covered by the Charterer.

The Deposit amount is “HALF THE AMOUNT of COST”

The Deposit is payable at the time of initial booking. If the time of initial booking is within 90 days of the advertised start date of the Event the full Charter Fee will be due and the option to secure a place with a Deposit will be withdrawn. However this payment will be deemed by the Organizer to consist of “HALF THE AMOUNT of COST” with the remainder being the Charter Fee. As such this payment will be subject to clauses 1.3 to 1.9 as laid out below.

1.3 Non-Refundable Deposit
The “HALF THE AMOUNT of COST” deposit once paid is non-refundable. In the event of the Charterer choosing to terminate this agreement due to a nominal change of his/her circumstances the Organizer will retain the deposit without exception or prejudice.

1.4 Agreed Good Cause
If a reasonable cause for cancellation such as an acute medical condition or bereavement can be mutually agreed by the Charterer and Organizer the Organizer reserves the right to choose either to refund the Deposit with all transfer fees being paid by the Charterer or offer credit in lieu of the Deposit. This credit will be redeemable with the Organizer as part or full payment of another event starting within 365 days of the date of cancellation of this agreement.

1.5 Cancellation by Organizer
The Organizer retains the right to cancel this agreement within 90 days of the start of the event without prejudice. In the event of the Organizer cancelling this agreement the full deposit will be returned to the Charterer with all transfer fees being paid by the Organizer.

1.6 Cancellation due to Vessel not being able to engage in the Event
In the event that the Vessel is not able to engage in the Event due to circumstances arising from the Organizer not completing their responsibilities as outlined below in section 2, the full Deposit/ Charter Fee will be returned to the Charterer with the transfer fees being paid by the Organizer.

1.7 Cancellation due to Force Majeure
The business of the Organizer is subject to limitations created by climatic conditions over which the Organizer has no control- herein termed ‘Force Majeure’. In the event that the Organizer has completed all of their responsibilities as outlined below in section 2 and yet is still unable to engage the Vessel in the event due to Force Majeure then the Organizer reserves the right to cancel this agreement up to and including the start date without prejudice and either return 50% of the Deposit/Charter fee to the Charterer (whichever is applicable at the time of cancellation) OR offer the Charterer credit in lieu of the Deposit as per section 1.4 of this agreement.

1.8 Cancellation Due to Third Party Actions
If the Event is a regatta or other form of organized third party arrangement the Organizer may be subject to cancellations or delays imposed by that third party. In such cases the Organizer reserves the right to cancel this agreement without prejudice up to and including the Event start date and either return 50% of the Deposit/Charter fee to the Charterer (whichever is applicable at the time of cancellation) OR offer the Charterer credit in lieu of the deposit as per 1.4 above.

1.9 Cancellation During an Event
If the Event must be terminated after the start date noted above due to Force Majeure or due to third party actions or due to the inability of the Organizer to complete their responsibilities as noted in section 2 then a pro-rata refund will be offered to the Charterer. Calculation of the refund will be as follows:

The total event fee as noted above is “COST” per person
This is divided by the total number of days advertised for this event

This creates a pro-rata refund rate of “COST PER DAY” for this event.

The total number of full days subject to cancellation will be multiplied by this rate and returned to the Charterer with the transfer fees being paid by the Organizer.

1.10 Refund Payment Policy
In the event of the Organizer agreeing to pay a refund to the Charterer said refund will be paid within 30 days of the cancellation date. For the payment to be processed the Charterer must provide all relevant details of his/her bank to the Organizer. If the correct details are not provided at the time of cancellation or there are errors within the details provided that prohibit the transfer the Organizer reserves the right to pay the refund up to 30 days after the full and correct details are received.

2.Organizer’s Responsibilities
2.1 The Organizer will ensure the following responsibilities are met thereby allowing the safe operation of the vessel within the advertised Event dates and in accordance with all local, national and international maritime agreements and conventions.

2.2 The Vessel will be presented ready for the Event at 0900 LT on the first day of the Event.

2.3 The Organizer shall ensure that the Vessel is in a seaworthy condition consistent with its intended duties, consistent with the local and international regulations under which the Vessel is expected to operate for the Event.

2.4 The Organizer shall ensure the Vessel is manned in accordance with the local and international regulations under which the Vessel is expected to operate for the Event.

2.5 The Organizer shall ensure that the Vessel conforms to all safety requirements required by local, international or third party regulations (E.g. Race Committee Regulations) that are in effect during the period of the Event.

2.6 The Organizer shall ensure that the crew provided with the Vessel are suitably qualified, suitably skilled and have a suitable degree of knowledge regarding the operation of the Vessel to be regarded as competent in all conditions expected or reasonably envisaged within the period of the Event.

2.7 The Organizer shall ensure that the Charterer is given clear instruction in the operation of the various safety devices fitted to the Vessel and that the Charterer before departing safe haven is aware of safe practices and procedures to ensure his/her own safety during the period of the Event.

2.8 The Organizer shall ensure that the Charterer is made aware of the expected procedures to be followed in the event of a Man Overboard situation, fire, collision, grounding or if the Vessel must be abandoned. The procedures given will be consistent with the regulations, guidelines and advice of the UK Marine Coastguard Authority (Herein called the ‘MCA’) which is agreed by the Charterer to represent a reputable benchmark of ‘International Best Practice’.

2.9 The Organizer will provide Personal Safety Equipment for use on board the Vessel. This will be in the form of a Type 4 self-inflating lifejacket that conforms with ‘SOLAS Guidelines for Lifejackets’. Due to the requirement for the lifejacket to be clearly marked in permanent ink with the name of the Vessel during the period of the Event the personal lifejacket of the Charterer is not deemed suitable- unless said lifejacket is presented with a valid inspection certificate before the Event, is marked clearly with the Vessel’s name in permanent ink and can be verified as fully operational by a suitably qualified member of the crew.

2.10 The Organizer will cover the cost of any berthing fees, electricity, water, and expected third party fees occurring during the Event.

2.11 The Organizer will cover all reasonable damage occurring during the normal operation of the Vessel during the Event- insomuch that in following the orders issued by the Captain or Crew of the Vessel the Charterer is not liable for any damage that should occur. If by the Charterer’s intentional actions, occurring in direct contravention of a clear order given by the Captain or Crew during the Event damage should occur to the Vessel of a serious nature the Organizer reserves the right to seek without prejudice recompense from the Charterer or any Insurance Policy covers the public liability of the Charterer.

2.12 The Organizer shall be responsible for all Vessel management functions before and after the Event however the Charterer is expected during the period to conduct him or herself in a manner consistent with the expected social conventions of personal hygiene and decorum and to follow any guidelines given by the Captain/Crew during the period of the Event relating to the hotel functions of the Vessel (E.g. operation of toilets, sanitary use of waste baskets, management of greywater, freshwater consumption)

3.Charterer’s Responsibilities
3.1 The Charterer is required to acknowledge that by signing this agreement he or she accepts that sailing is an activity that is inherently dangerous. Due to the nature of the Vessel, the activities the Vessel engages in and the environment the Vessel operates in danger of injury, dismemberment, mutilation and death exists. Whilst the Organizer accepts the responsibility of ‘Due Care and Attention’ for the Charterer during the period of the Event ? the Charterer’s primary responsibility during the period of the Event is to constantly monitor and maintain an understanding of the dangers of the situation they enter into by signing this agreement.

3.2 The Charterer agrees to follow and carry out any and all reasonable orders given by the Captain and Crew of the Vessel during the period of the Event. The Charterer by signing this agreement recognizes that on board a Vessel at sea a hierarchical structure exists that they are agreeing to be part of for the duration of the Event. This structure is in place to provide a safe, working environment for the Crew and Charterer during the period of the Event with the ultimate outcome intended to be the safe, seaman-like completion of the Event for the Charterer, Crew and
Vessel.

3.3 The Charterer will be responsible for his/her own travel, lodging, accommodations etc prior to and after the advertised start and end date of the Event. During the Event accommodation will be provided on the Vessel however the Charterer should bear in mind the nature of the Vessel and the reality of life on board in the hot climates.

3.4 The Charterer will not whilst on board the Vessel or during the advertised dates of the Event engage in the use, transportation or possession of illegal drugs or narcotics, including marijuana, or the movement or possession of any other form of illegal contraband. The Charterer will not engage in an unlawful or illegal activity whilst on board the Vessel or during the advertised dates of the Event. Failure to comply with this clause shall be deemed cause for the immediate termination of this agreement with the forfeiture of any payments made. The Charterer will be held responsible for any loss or damage to the Vessel or the business of the Organizer due to such violations.

3.5 The Charterer his/her agents and/or employees have no right or power to permit or suffer the creation of any Maritime Liens against the Vessel. The Charterer agrees to indemnify the Organizer for any charges or losses to property or the Organizers business incurred as a result of a breach of this clause, including reasonable legal fees.

3.6 The Charterer may not re assign or subcontract this agreement to another individual, organization or company without the written authorization of the Organizer.

4.Insurance
4.1 The Organizer will ensure that the Vessel is fully insured for the advertised period of the Event against fire, grounding, collision and damage. The Charterer shall not be liable for any such loss or damage covered by such insurance. Failure of the Organizer to ensure such insurance will burden the Organizer the same burden as though the Vessel were so insured.

4.2 The Charterer should purchase additional personal liability protection to cover the advertised period of the Event ensuring that the policy specifically allows for participation in the type of Event this agreement defines.

4.3 The Organizer shall not be held responsible for loss or damage to any personal property or for any injury suffered by the Charterer whilst on board the Vessel or during the advertized period of the Event regardless of whether any such loss occurs on board the Vessel or elsewhere, unless such loss, damage or injury is the direct and proximate result of the Organizer’s employees.

4.4 More specifically the Organizer and their insurance underwriters accept no responsibility for accidents, injuries or death related to embarking and disembarking the Vessel, operating the Vessel or parts of the Vessel without direct supervision, without permission or in a manner contravening the explicit instructions of the Captain or Crew or for damage, injury or death that result from acts considered ‘mutinous’ by the International Maritime Organization.

5.Dispute Resolutions
5.1 Dispute resolution will be made in English, in the legal system of the Vessel’s flag state.

5.2 In the event that the Organizer and Charterer are unable to reconcile differences that may arise from this Agreement, such dispute will be submitted first to mediation before a mediator mutually agreed upon by the Organizer and Charterer, with the cost thereof divided equally between the two parties.

6.Execution
6.1 The Organizer and Charterer, whose signatures need not be affixed to the same copy of this Agreement, may transmit the Agreement by facsimile or other electronic means for their convenience. The separately signed agreement or copies thereof, shall constitute a binding Agreement between the Organizer and the Charterer. Charterer states that he/she has read and understood the provisions of this Agreement and understands that this instrument is legally binding.