User Agreement

User Agreement

Last updated: May 03, 2016

USER REFERRAL AGREEMENT

This agreement is made by and between the website user who has completed this contract and accepted below (hereinafter "BOATER") and the referral agency known as Argosy Group, LLC, d/b/a “Crew On Call” (hereinafter "COC"). This contract sets forth the terms and conditions by which COC agrees to attempt to locate individual candidates willing to act as crew on BOATER's vessel. BOATER deems the participation in this referral service as good and sufficient consideration for accepting this contract and COC deems the BOATER's warranties and representations, payment and its agreement to the following terms and conditions as good and sufficient consideration for entering this contract:

TERMS AND CONDITIONS

1.Scope of Contract. COC provides a referral service by which a boater seeking an individual to act as crew on a vessel ("Crew Candidate") is provided with the name and contact details of an individual(s) representing himself/herself as capable of doing so. COC makes NO warranties and/or representations as to the Crew Candidates it refers and, specifically, makes no warranties and/or representations as to the skill, qualifications, training, demeanor, capability, physical health and/or experience of the Crew Candidates it refers. COC recommends BOATER (i) verify a copy of the Crew Candidate's Merchant Mariner license with the United States Coast Guard; (ii) review and verify the qualifications profile completed by the Crew Candidate and (iii) verify the Crew Candidate's resume. COC does not undertake a criminal background check on the Crew Candidates it refers nor does it perform any drug screening. COC does not endorse the Crew Candidate it refers and COC does not warrant the quality of the service(s) and/or guarantee safe passage.

2.BOATER's Obligations. The BOATER agrees to screen and interview any Crew Candidate referred by COC to determine whether he/she meets BOATER's requirements and can fulfill the BOATER's expectations. It is the sole responsibility of the BOATER to investigate and inquire as to the skill, qualifications, training, demeanor, capability, physical health and/or experience of the Crew Candidate referred by COC. It is the sole decision of the BOATER as to whether to hire the Crew Candidate referred by COC. It is the sole responsibility of the BOATER to determine whether the Crew Candidate referred by COC is suitable to BOATER and capable of crewing BOATER's vessel. It is the sole responsibility of the BOATER to make certain that the insurance coverage BOATER possesses provides coverage for the Crew Candidate and his/her actions. No insurance coverage of any form is provided by COC.

3.COC's Obligations. The sole responsibility of COC is to provide the BOATER with the referral of a Crew Candidate claiming to possess the experience and licensure necessary to crew BOATER's vessel in the capacity represented by the crew member. COC makes no representations with respect to the Crew Candidate and does not warrant the performance of the Crew Candidate it refers and is in no way responsible for the conduct of the Crew Candidate it refers.

4.Status of the Crew Candidate. The Crew Candidate identified by COC is NOT and shall never be an employee or agent of COC. The Crew Candidate identified by COC does not take direction from and is not controlled, trained, licensed, investigated and/or qualified by COC. The Crew Candidate identified by COC has no authority to bind COC in any matter. COC does not provide any insurance coverage for the Crew Candidate and/or the acts of the Crew Candidate it identifies. All parties hereto agree and understand that COC is not and will not be a party to any employment agreement or contract between the BOATER and the Crew Candidate.

5.Fees. BOATER can search the COC website and access partial Crew Candidate profiles without a fee. The only fee COC charges BOATER is for reviewing complete crew profiles and communicating with Crew Candidates. A Fee Schedule is attached and incorporated herein as if set out in full. By signing below, BOATER acknowledges receipt of the Fee Schedule and agrees to the fees set forth therein. BOATER agrees to pay all fees, Membership fee does not guarantee placement of crew.. If COC must pursue collection efforts for referral fees owed to COC, BOATER agrees to pay all reasonable attorneys' fees and costs associated with the collection efforts.

6.Limitation of Liability. Read Carefully. BOATER accepts sole responsibility for making a decision to hire or not hire a Crew Candidate referred by COC. BOATER gives up and waives all claims and causes of action (except claims for gross negligence and/or willful acts) against COC for any damage, loss, liability, penalty (civil or criminal), judgments and/or liens due to loss, damage, or injury to persons or property howsoever arising and whether or not caused by the ordinary negligence of COC, its officers, members, employees, vessels and/or agents, or otherwise including, but not limited to, claims for breach of an implied warranty of workmanlike performance. COC makes no representations with respect to the Crew Candidate and does not guarantee credentials nor guarantee the satisfactory performance of any Crew Candidate it refers.

7.Indemnity. Read Carefully. BOATER agrees to indemnify, defend and hold harmless at its own expense, COC and their officers, members, employees, vessels and agents, from and against any and all claims, demands, lawsuits, causes of action, penalties (civil or criminal), damages, expenses (including reasonable attorneys' fees), judgments and/or liens that may be asserted by anyone or any entity due to loss, damage, or injury to persons or property occasioned by, or arising from, the actions and/or omissions to act of the Crew Candidate referred by COC; excluding, however, such liability, claims, losses, damages or expenses arising from COC's gross negligence or willful acts.

8.Governing Law. This contract shall be construed and enforced in accordance with the general maritime law of the United States and, as necessary, the laws of the State of Florida, without consideration of conflict of laws principles. The Parties agree that the courts of the State of Florida and the federal courts located therein shall have exclusive jurisdiction over all matters arising from this contract including, but not limited to, all disputes between the Parties. Notwithstanding anything herein to the contrary, should the sum claimed by either party not exceed $8,500.00 (exclusive of interest on the sum claimed, costs of arbitration and legal expenses), the dispute shall be governed by the "Shortened Arbitration Procedure" of the Society of Maritime Arbitrators, Inc. ("SMA") of New York, as defined in the Society's current Rules for such procedure to the exclusion of any other forum.

9.Miscellaneous. (i) It is understood COC assumes no responsibility for paying or withholding any federal or local taxes, social security, contributions, health or insurance premiums, or any other expense required or arising from the BOATER's employment of the Crew Candidate referred by COC all of which are the sole responsibility of BOATER and/or Crew Candidate. (ii) COC reserves the right to terminate this contract without notice and without penalty in the event of a breach of any of the herein terms and conditions. (iii) This contract is the Parties entire agreement. (iv) This contract is binding on COC and the BOATER, their heirs, successors, and assigns. (v) The failure of either Party to enforce any of its rights shall not waive such rights or any other rights. (vi) Any interpretation of this contract shall not give consideration to the drafter of the contract and it shall be interpreted as if both parties contributed to its drafting. (vii) If any term or other provision of this contract is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this contract shall nevertheless remain in full force and effect. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the contract must be reformed so as to effect the original intent of the parties as closely as possible. (viii) All changes to this contract must be made by a writing signed by all parties.

CREW REFERRAL AGREEMENT

This contract is between any user representing themselves as "Crew" and Argosy Group, LLC d/b/a "CREW ON CALL" (hereinafter "COC"), a business engaged in the referral of crew candidates to boaters (COC together with Crew referred to collectively as "Parties.")

The Parties deem the Crew's agreement to serve as a candidate for referral along with his/her herein representations and warranties as good and sufficient consideration for COC agreeing to this contract. The Parties deem COC's agreement to list the Crew as a referral candidate with COC as good and sufficient consideration for the Crew agreeing to the terms and conditions of this contract.

1. The Crew understands and agrees (i) that COC acts in a limited capacity as a referral agent and at no time will COC be the crew's employer; (ii) that the herein contract is NOT an employment contract; and (iii) that the boater (sometimes also referred to as "Employer") hiring the crew will be solely responsible for his/her retention, payment and/or any other obligations of employment including the payment of all taxes.

2.The Crew understands and agrees that no employer/employee relationship exists and shall never exist between COC and the Crew.

3.The Crew understands and agrees that COC does NOT provide insurance coverage and/or underwriting for the Crew and/or the Crew's license and, further, provides no insurance coverage to the boater

4.The Crew is under no obligation to accept any referral which COC may identify and COC is under no obligation to provide the Crew with any referral and COC is not responsible if a referral does not result in employment or is otherwise unsuccessful.

5.The Crew understands that nothing in this contract is intended to guarantee that COC will find a referral for the Crew. If the Crew accepts a referral from COC and it does not result in employment or is otherwise unsuccessful, the Crew understands that COC has no liability whatsoever and COC is not required to assist him/her in finding another referral, or, to reimburse crew for any expenses and/or damages he/she may incur.

6.The Crew agrees and understands that he/she must promptly inform COC of any employment or job offers arising from a COC referral.

7.The Crew understands that COC and vessel owners will rely on information provided in his/her application and forms provided by COC and other records and/or statements. As a result, the Crew warrants and represents that his/her claimed identity is genuine and true and also warrants and represents that all the information and documents he/she provides to COC are true, accurate and complete in all respects.

8.The Crew gives permission to COC and/or any boater seeking to hire the Crew to verify and use the information provided to COC by the Crew for purposes associated with the herein referral. The Crew authorizes the distribution of all information and documents he/she has provided to COC to boaters and their agents who seek to hire the Crew based on COC's referral and the Crew unconditionally waives all claims of confidentiality with respect to the same.

10.The Crew understands he/she is not required to pay a fee to COC for the referral and that any fees arising from the referral are the obligation of the boater that hires the crew.

11.The Crew understands and agrees that any compensation is negotiated directly with and paid by the boater and that COC is not responsible for the same under any circumstance.

12.The Crew agrees to keep all information received about prospective employers confidential and will forever continue to keep such information confidential.

13.The Crew understands and agrees that he/she is responsible for all of his/her own expenses including travel expenses to and from the location of the vessel and that COC shall never be responsible for the same.

14.Limitation of Liability. Read Carefully. The Crew gives up and waives all claims and causes of action (except claims for gross negligence and/or deliberate wrongdoing) against COC its officers, members, employees, vessels and/or agentsfor any damage, loss, liability, penalty (civil or criminal), judgments and/or liens due to loss, damage, or injury to crew and/or persons or property howsoever arising and whether or not caused by the ordinary negligence of COC its officers, members, employees, vessels and/or agents, or otherwise. This relinquishment and waiver shall include, but not be limited to, all claims and causes of action for damage or loss arising from COC's referral and/or arising from the employment resulting from COC's referral. Without limiting the generality of the foregoing, the Crew further understands and agrees that COC shall never be responsible for the reimbursement of any court costs or lawyer fees stemming from any claim that may be made by any person or entity.

15.Miscellaneous. (i) It is understood that COC assumes no responsibility for paying or withholding any federal or local taxes, social security, contributions, health or insurance premiums, or any other expense of whatsoever nature. (ii) Either party may terminate this contract without notice and without penalty. (iii) This contract is the Parties entire agreement. (iv) This contract is binding on COC and the Crew, their heirs, successors, and assigns. (v)The failure of either party to enforce any of its rights shall not waive such rights or any other rights. (vi) Any interpretation of this contract shall not give consideration to the drafter of the contract and it shall be interpreted as if both parties contributed to its drafting. (vii) If any term or other provision of this contract is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this contract shall nevertheless remain in full force and effect. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the contract must be reformed so as to effect the original intent of