jungpeter
Guru
I've chartered a bareboat GB49 for a week in the Pacific Northwest, starting in mid-September. For what it's worth, I'm an experienced boater, with many, many miles and years aboard similar boats. My boating experience has been vetted by the charter company, all fees have been paid, and I and my charter party are expecting to show up at the appointed date and time for orientation, boarding, provisioning, and departure.
Out of the blue, a four-page form showed up, with instructions to fill out and return for ALL persons aboard for the charter. The form contained:
a. Medical and Emergency Contact Form. This form ask information such as contact information, personal insurance information (primary, named insured, policy #, secondary insurance provider), and medical history. Medical information required was surgical history, existing conditions (allergies, balance, cancer, etc.), a list of current medications, quantity carried aboard, etc.
b. Crew Contact Information Form. This form asked for contact information (name, address, phone, email, etc.). Again, for ALL persons aboard for the charter. A statement at the top of the form states "...Coast Guard Regulations require us to record the names, ages, and sex for every person aboard."
c. Release, Waiver and Indemnity Agreement. This fairly innocuous and generic indemnity waiver is appended with the statement that "In consideration of my participation in a cruising trip to Alaska led by (charter company) scheduled to begin..." The form touches on most risks commonly encountered afloat, such as medical emergencies, weather, injuries, sea sickness, etc. This form is obviously an attempt to indemnify the charter company from common risks in boating.
IMHO, much of this form is not only redundant (they've already got my contact information, and my money!), but in total violation of my, and my charter party's right to privacy, and violates the federal Health Insurance Portability and Accountability Act (HIPAA). As this is a bareboat charter, the charter company's responsibility for the health and welfare of the captain and crew ends dockside. Hence, HIPAA-protected information is none of their business, and (IMHO) cannot even be ASKED, much less demanded as a condition of a bareboat charter.
Although it's been a looonnnng time since I studied the Code of Federal Regulations (CFR) and Coast Guard boating regulations for my master's license, I do not recall any requirement from the Coast Guard demanding a charter company record the names, ages, and sex of every person aboard a bareboat charter. Smacks of a marketing scheme by the charter company to me.
Lastly, the Release, Waiver and Indemnity agreement. I don't believe one can waive one's right to recover damages from a charter company, irregardless of a signature on an arbitrary release form. Particularly in this case, where the form clearly states a fallacy that the charteror (that's me) is participating in a cruise organized and led by the charter company. We're not-it's a BAREBOAT charter!
Does anyone else think this form is BS?
Regards,
Pete
Out of the blue, a four-page form showed up, with instructions to fill out and return for ALL persons aboard for the charter. The form contained:
a. Medical and Emergency Contact Form. This form ask information such as contact information, personal insurance information (primary, named insured, policy #, secondary insurance provider), and medical history. Medical information required was surgical history, existing conditions (allergies, balance, cancer, etc.), a list of current medications, quantity carried aboard, etc.
b. Crew Contact Information Form. This form asked for contact information (name, address, phone, email, etc.). Again, for ALL persons aboard for the charter. A statement at the top of the form states "...Coast Guard Regulations require us to record the names, ages, and sex for every person aboard."
c. Release, Waiver and Indemnity Agreement. This fairly innocuous and generic indemnity waiver is appended with the statement that "In consideration of my participation in a cruising trip to Alaska led by (charter company) scheduled to begin..." The form touches on most risks commonly encountered afloat, such as medical emergencies, weather, injuries, sea sickness, etc. This form is obviously an attempt to indemnify the charter company from common risks in boating.
IMHO, much of this form is not only redundant (they've already got my contact information, and my money!), but in total violation of my, and my charter party's right to privacy, and violates the federal Health Insurance Portability and Accountability Act (HIPAA). As this is a bareboat charter, the charter company's responsibility for the health and welfare of the captain and crew ends dockside. Hence, HIPAA-protected information is none of their business, and (IMHO) cannot even be ASKED, much less demanded as a condition of a bareboat charter.
Although it's been a looonnnng time since I studied the Code of Federal Regulations (CFR) and Coast Guard boating regulations for my master's license, I do not recall any requirement from the Coast Guard demanding a charter company record the names, ages, and sex of every person aboard a bareboat charter. Smacks of a marketing scheme by the charter company to me.
Lastly, the Release, Waiver and Indemnity agreement. I don't believe one can waive one's right to recover damages from a charter company, irregardless of a signature on an arbitrary release form. Particularly in this case, where the form clearly states a fallacy that the charteror (that's me) is participating in a cruise organized and led by the charter company. We're not-it's a BAREBOAT charter!
Does anyone else think this form is BS?
Regards,
Pete