Legal
Indemnification, hold-harmless & terms
Participants, vessel owners and operators agree to these terms as a condition of participating in the program. Reproduced from the training handbook.
Indemnification & hold-harmless agreement
By participating in, receiving or using any portion of the Pig & Rooster, LLC vessel familiarization and general systems knowledge program (“Program”), the participant, vessel owner, operator and any associated guests or crew (collectively, “Participant”) expressly agree to the following.
Indemnification
The Participant agrees to defend, indemnify and hold harmless Pig & Rooster, LLC, including its members, managers, employees, contractors, agents, instructors and representatives, from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:
- Participation in the Program
- Use of or reliance upon any materials, instruction, checklists, logs, diagrams or information provided
- Operation, navigation, maintenance or control of the vessel
- Any actual or alleged failure to comply with laws, regulations, insurance requirements or manufacturer recommendations
- Any injury, death, property damage or loss involving the vessel
This obligation applies regardless of whether such claims arise during or after participation in the Program.
Hold harmless
The Participant agrees that Pig & Rooster, LLC shall not be held responsible or liable for any loss, damage, injury or claim arising from vessel operation, system failure, environmental conditions, navigational decisions or emergency situations, whether occurring during training or thereafter.
No transfer of responsibility
Participation in the Program does not transfer responsibility, duty of care or legal obligation from the vessel owner or operator to Pig & Rooster, LLC. All responsibility for safe operation, compliance and decision-making remains solely with the vessel owner and/or operator.
Third-party claims
This indemnification and hold-harmless obligation includes claims brought by third parties, including but not limited to guests, crew, passengers, insurers, lenders, marinas, governmental authorities or regulatory bodies.
Survival
This indemnification and hold-harmless agreement shall survive the completion of the Program and shall remain in full force and effect without limitation.
Severability
If any portion of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Acknowledgement
By participating in, receiving or using any portion of the program, the participant acknowledges having read and agreed to these terms and to the Pig & Rooster, LLC disclaimer and limitation of scope.
Trainee / operator / crew — name, signature and date are recorded on the handbook sign-off page.
See also Legal disclaimer & scope and Privacy.