Agreed Yacht General Terms & Conditions

1. Employment Terms

1.1 This document sets out the general contractual Terms and Conditions that apply to your employment
and replaces all previous contracts, discussions and correspondence regarding terms of employment.

1.2 The Employer reserves the right to make reasonable changes to the agreed terms and conditions of
employment or change minor details (e.g. in procedures) from time to time which will be effected by
a general notice to you. Not less than one month’s written notice will be given to you before
significant changes are made. (Such changes will be deemed to have been accepted unless the
Employer or Captain receives from you an objection in writing before the expiry of the notice
period).

2. Disputes/Jurisdiction

2.1 Any interpretation of this contract should be made in accordance with English Law.

2.2 Any dispute arising from this Contract that cannot be resolved amicably shall be referred only and
exclusively to the Malta authority

3. Pension

3.1 There is currently no pension scheme associated with your employment.

4. Collective Agreements

4.1 There is currently no collective agreement affecting your terms and conditions.

5. Probationary Period

5.1 Your first three months of duty on board the Yacht will be a period of probationary employment
during which your employment may be terminated in accordance with the below Termination
clauses 6 &7, if you do not or cannot perform your duties to the professional standard commensurate
with the capacity in which you were employed and as required by the Employer.

6. Notice of Termination

6.1 The notice required from each party to terminate a seafarer’s employment under the agreement as in
Clause 6.3, 6.4 or 6.5 should be not less favorable than the provisions from the Flag State. When the
agreement is terminated at shorter notice or without notice by the seafarer for compassionate or other
urgent reasons, this shall be without penalty.

6.2 The notice shall be given in writing to the Captain and signed by the seafarer giving the notice, or
given orally in the presence of a witness. When given by the Employer the notice will in all cases be
in writing and shall specify the reasons for terminating the seafarer’s employment (with the
exception of a disciplinary dismissal which will be in accordance with the disciplinary procedure).

6.3 Notice of Termination of Employment – Probationary Period

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 The length of notice which both Employee and Employer are obliged to give is seven calendar days
unless it is terminated for justified reasons in advance of this point.

6.4 Notice of Termination of Employment - Indefinite Agreement

The length of notice which both Employee and Employer are obliged to give is 30 calendar days for
up to two years of continuous service, increasing by 7 calendar days per year of service thereafter up
to a maximum of 12 weeks, unless it is terminated for justified reasons in advance of this point.

6.5 Notice of Termination - Defined Period Agreement

The length of notice which both Employee and Employer are obliged to give is seven calendar days
unless it is terminated for justified reasons in advance of this point.

6.6 The notice shall take effect: (i) at the next port of call following the expiry of the period of the notice
where such expiry occurs whilst the yacht is at sea; or (ii) at the port in which the notice is given
providing the yacht remains in that port for a period equal to or longer than the period of notice,
unless agreed otherwise in writing by mutual consent of the Captain or Employer, Yacht Manager
and the seafarer.

7. Termination of Employment

7.1 Your employment under this agreement may be terminated, in the following circumstances:
- By mutual consent.
- Due to the seafarer’s 1/ breach of the terms & conditions as stated in this employment
agreement, 2/ disciplinary dismissal due to Gross Misconduct (Merchant Navy Code of Conduct)
or 3/ if the Employee is absent without leave at a time for sailing except where such absence is
beyond the seafarer’s control or could not reasonably have been prevented.
- The seafarer needs to terminate the agreement for compassionate or other urgent reasons (further
explanation should be given by the Seafarer).
- If medical evidence indicates that the seafarer is incapable of continuing to perform his duties by
reason of illness or injury.
- If in the opinion of the Captain, Employer, the Company and/or Yacht Manager the conduct of
the seafarer is such that his/her continued employment would disrupt the good running of the
yacht and/or likely endanger the vessel or any person on board.
- Where during the term of the agreement the Employer or Company is not meeting the minimum
terms; and is not able to continue to fulfill their legal and contractual obligations (e.g.
insolvency).
- Where during the term of the agreement the vessel is lost, wrecked, sold or transfers its
registration to another State and the seafarer is not offered continuation of employment following
the change. The Company shall then pay each seafarer onboard an indemnity against
unemployment of minimum two months’ wages. You may be compelled by the Company or
Employer to utilize any unused holiday entitlement during such period.
- Where the yacht is proceeding to a Warlike Operations Area/war zone without the seafarer’s
consent.

7.2 If notice of termination has been given by either party, the Employer reserves the right, exercisable
in its absolute discretion, to immediately terminate your employment by making a (pro rata) payment
in lieu of the seafarer still serving the notice period required.

7.3 Where the agreement is terminated under clause 7.1 excluding Disciplinary dismissal due to Gross
Misconduct (Merchant Navy Code of Conduct), then the Employer shall continue to pay to the
seafarer his salary applicable at the time of the termination of the Agreement for the notification
period.
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8. Entitlement to Repatriation

8.1 You will be entitled to repatriation at the expense of the Company:

- If the employment agreement reaches the expiration date (for voyage & definite agreements)
- After a maximum duration of service on board of 12 months. Additional flights for additional
leave periods will not be at the Company’s expense and are only in accordance to the Seafarer’s
scheduled and specific Entitlement to Leave Clause 3.10.
- If the employment agreement is terminated by mutual consent.
- If the employment agreement is terminated by the Captain, the Company, Employer, Seafarer
and/or Yacht Manager, with the Seafarer completing all the contractual obligations.
- If the Agreement is terminated by the Seafarer on the basis of the minimum terms as agreed
between the seafarer and the Company contained within this Agreement not being met.
- In the event of illness or injury or other medical condition requiring your repatriation (when
medically fit to do so).
- In the event that the ship is proceeding to a Warlike Operations Area/war zone without the
seafarers consent.
- In circumstances where you are no longer able to carry out your duties under this agreement or
cannot be expected to do so e.g. insolvency, shipwreck, loss, sale of your yacht, a change in your
ship's registration or the Employer not being able to continue to fulfil their legal or contractual
obligations.

8.2 If the Seafarer, Captain or Employer terminates the employment whilst you are on the Yacht the cost
to your repatriation destination will be met by the Company, but repatriation expenses will not
necessarily be fully paid, subject to the yacht’s statutory requirements if:
- Employment is terminated by the Employee without giving proper notice.
- The Employee is dismissed under the Disciplinary Policy due to Gross Misconduct. (Under
Cayman Islands law; the Company will still be liable to repatriate you but is entitled to recover
the cost of repatriation, up to $1000 from any wages due to you).
- The Employee has already given notice that they will be terminating their contract but the
requisite notice period is not honored.
- The Employee confirms in writing that repatriation is not required (where allowed by all involved
immigration authorities).
- The Employee decides to directly join another yacht, with a location which differs from the
repatriation destination.

8.3 The “Entitlement to Repatriation” entails economy class transport from the port of disembarkation to
the mutually agreed repatriation destination. The normal mode of transport should be air for
international voyages.

8.4 Evidence of travel costs will be required for all travel not arranged by the Captain, Yacht/Crew
Manager or Employer.

9. Working Hours & Shore Leave

This clause shall be subject to the limitations concerning “Seafarers' Hours of Work and the Manning of
ships’ as revised in 2006 by the Maritime Labour Convention (MLC) Reg. 2.3.

9.1 You will be required to work such hours as are reasonably required to competently and efficiently
fulfill your duties of employment as provided for pursuant to these terms and conditions.

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9.2 You will monitor, record and then report your own work or rest hours to the Captain to ensure
fatigue avoidance and to achieve compliance with the Malta Merchant Shipping Regulations.

9.3 Any additional time worked during statutory drills, any emergency which involves the immediate
safety of the yacht, passengers and crew or during the provision of assistance to other vessels or
persons in immediate peril, shall be worked without additional pay. In such circumstances you will
be provided subsequently with compensatory rest period(s).

9.4 Shore leave may, at the entire discretion of the Captain, be permitted whilst the yacht is in port,
subject to any applicable local laws or requirements of the port in which the ship is berthed, and
subject to the exigencies of the service and safety of the vessel. Temporary shore leave shall not
count for annual leave.

10. Job Title and Principal Duties

10.1 During your employment you shall undertake the role of [see capacity in which you are employed]
onboard the yacht

10.2 You are required to undertake the tasks set out in but not limited to any relevant Job Description or
Standing Orders for the time being placed into effect by the Captain, Employer and/or Yacht
Manager. A copy of the current job description for your onboard position is contained in the Safety
Management Manual, but could be made “yacht or position specific”. For yachts which do not have a
Safety Management Manual, the Captain must provide you with a Job Description. The Captain,
Employer and/or Yacht Manager reserve the right to amend the Job Description from time to time.
By executing this agreement you acknowledge that you have been provided with a copy of the Job
Description, read, understood and agree to abide by its contents.

10.3 You are required to undertake any work that is relevant to the role of [see capacity in which you are
employed] and will also perform such additional or alternative tasks as may from time to time be
reasonably required by the Captain, Company, Yacht Manager or Employer at such times as they
may request, providing those tasks fall within your capabilities.

10.4 You will make every effort to achieve maximum productivity, the highest standard of service to
guests and shall cooperate in the elimination of wasteful practices, restrictions or customs likely to
impede maximum productivity.

10.5 It is a contractual requirement that you fully comply with all policies, rules and regulations as may be
introduced or amended from time to time by the Captain, Employer, Yacht Manager or the
Company.

10.6 The pro-active pollution prevention, total safety & security of the Yacht and all persons onboard
must be the constant concern and focus of all Seafarers onboard.

10.7 It is also a strict condition that you shall not bring onboard any unauthorized person. An
unauthorized person is a person being onboard without the consent of the Captain.

10.8 You will act prudently at all times in the Yacht and the Company’s best interests, taking full account
of your responsibilities and whilst so doing, keep the Captain informed as appropriate of all matters
which in his/her opinion may directly or indirectly affect the interest of the Yacht.

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10.9 The Employee shall not, have any right or power to bind the Captain, Yacht Manager, Employer or
the Company to any engagement, obligation or contract without first consulting with the Captain as
is appropriate to the circumstances.

10.10 The Captain, Employer and/or Yacht manager can undertake reviews of the performance of your
duties at a date of their choosing.

11. Place of Work – Geographical Limits

11.1 This Employment Agreement shall be for a voyage or voyages within an unlimited geographical
area; and shall remain in force for the period of the Agreement unless replaced by a new
Employment Agreement prior to the expiry of this period.

11.2 Where the yacht is at sea on the expiry of the Employment Agreement referred to; the Agreement
will continue in force until arrival at the next port.

12. Entitlement to Expenses, Food and Accommodation

12.1 The seafarer will be reimbursed for all reasonable out of pocket expenses wholly, exclusively and
necessarily incurred on the Company’s business in the performance of his duties under this
Agreement provided that such expenses will, wherever possible, be agreed in advance with the
Captain, Company and/or Yacht Manager.

12.2 Expenses will include those incurred with respect to travelling and in all cases reimbursement will be
subject to the seafarer producing appropriate vouchers or other acceptable evidence in support of
expense claims.

12.3 The seafarer will be entitled, whilst on board the ship or employed under this Agreement, to food and
potable water provided at the expense of the Company, other than when the seafarer is on paid
holidays.

12.4 The seafarer is entitled to suitable accommodation and sleeping quarters on board the ship and where
for any reason shipboard accommodation is unavailable or unusable (such as when the ship is
undergoing repairs or refurbishment) the Company will make alternative suitable accommodation of
at least equivalent standard available.

13. Medical Standards and Fitness to Work

13.1 Initial and continued employment with the Employer is subject to your possession of a valid marine
medical fitness certificate (E.g. ENG1/ ILO73) demonstrating that you meet the appropriate statutory
medical standards for the time being in force and any failure to meet these standards during the
course of your employment will entitle the Employer to terminate your employment in accordance
with the general Termination Clauses 6 and 7.

13.2 It is a condition of employment that you submit, as and when required, to medical examinations by
any medical authority nominated by the Captain, Employer, Yacht Manager and/or the Company on
their behalf.

13.3 The cost of such medical examinations will be met by the Company. The cost of the initial medical
examination will be at your expense.

14. Health and Social Security Benefits

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14.1 All Seafarers will be entitled to the cover provided by a crew medical expenses and personal
accident insurance which will be arranged by the Company; details of which shall be available or
provided to the seafarer. In addition to this, the Company will arrange Protection and Indemnity
Insurance which covers the Owning Company’s legal liability to his crew

14.2 Where the seafarer requires additional benefits over and above those provided for under the
Company schemes, then such additional benefits shall be arranged by the seafarer and cost of them
shall be for the seafarer’s account.

14.3 Membership of the above insurance cover is subject to the rules for the time being in force of the
cover and of any related insurance policy.

14.4 Pay entitlement during periods of incapacity will be limited to the applicable statutory minimum
entitlement which for Malta is 100% Basic Salary for 16 weeks and any benefit provided in
accordance with the criteria and rules of any insurance policy for the time being in force; as referred
to in clause 14.1. Any insured benefit so paid will go towards satisfying any obligation on the
Employer to pay a statutory entitlement. Pay entitlement commences from the day of injury or the
commencement of the sickness.

14.5 In the event of the Employee’s death occurring on board or ashore during a service period of
employment, the Company will meet the cost of repatriation and burial expenses. In addition the
Company will meet the cost of the return or your property left on board to your next of kin.

14.6 In the event of sickness or incapacity, the seafarer will be provided with any medical care on board,
including medical treatment and the supply of necessary medicines and therapeutic devices on board
and lodgings whilst away from home until recovery or until the sickness or incapacity has been
declared of a permanent character, subject to a minimum period of 16 weeks. In addition the
Company will meet the cost of the return of property left on board to the seafarer or the seafarer’s
next of kin or nominated beneficiary.

14.7 Where practicable and appropriate, you will be given leave to visit an assigned, qualified medical
doctor or dentist in ports of call for the purpose of obtaining treatment.

15. Drugs, Alcohol and Medication Policy

15.1 You must not be impaired by alcohol at any time whilst on duty onboard the Yacht.

15.2 It is a strict condition of your employment that you comply with the Employer and Yacht Manager’s
Drug and Alcohol policy and your current Captain’s standing orders. By signing this Agreement you
sign a declaration to this effect.

15.3 When the yacht is underway or at anchor, no alcohol is to be consumed without the express
permission having been obtained from the Captain. This does not relieve the seafarer of his/her
obligation under clause 15.1 & 15.2 or as written in the Yacht’s Standing orders.

15.4 Whilst the yacht is alongside in harbour and the seafarer is off duty, depending on the current
Captain’s standing orders, he/she may consume moderate quantities of alcohol, but shall not
consume such quantities of alcohol becoming disruptive or endanger the yacht or the people
onboard. Nobody shall be under the influence of alcohol when next due to be on duty (Statutory
and/or local limitations may apply).

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15.5 The seafarer shall at no time be in the possession or under the influence of illegal drugs of any
description whilst being employed.

15.6 The seafarer shall, at the request of the Captain, Employer, the Company, Crew or the Yacht
Manager, be required to undergo random drug and alcohol tests to ensure compliance with the
clauses in this section, and a failure to submit to a test shall constitute grounds for summary
dismissal.

15.7 Prior to signing this Agreement it is the responsibility of the seafarer to inform the Employer, Yacht
Manager and/or the Captain of any pre-existing medical condition and of all medication that he/she
is taking, or may be required to take, during the term of the Agreement. The Captain or the Employer
reserve the right to refuse to employ the seafarer where, in the reasonable opinion of the Captain or
Employer, the medical condition or the consumption of the medication required for it, may adversely
affect the performance of the seafarer’s duties to the extent that the ship or the persons on board are
endangered.

15.8 Where the seafarer is engaged after he/she has declared a known medical condition and the
medication being taken for that condition and during the term of the Agreement it becomes apparent,
in the reasonable opinion of the Captain or the Employer, that such medical condition or the taking
of the medication in relation to it, is adversely affecting the seafarer’s ability to perform his duties to
the extent that it may endanger the ship or the persons on board, then the Employer reserves the right
to terminate the employment of the seafarer as per Termination of Employment Clause 7.

15.9 Notifiable medicines seafarers may be using must be entered into the “Medicine in Use Register” on
board the Yacht. You must inform the Captain of all medicines that you are taking or may be
required to take whilst on board the Yacht.

16. Seafarers Complaints Procedure

16.1 The seafarer and Captain are required to follow the statutory requirements & CNI’s Yacht
Management procedures related to seafarers’ complaints and treat the complaint in confidence as far
as possible to avoid victimization. The Captain should remain without prejudice to a seafarer’s right
to seek redress through whatever legal means the seafarer considers appropriate.

16.2 If the seafarer wishes to formally raise a complaint he/she should submit this in writing. Any
complaint submitted must contain sufficient information for the grievance to be fully understood to
enable assessment on how to best deal with the complaint.

16.3 In dealing with seafarer’s complaints, and subject to the seafarer’s statutory rights, information held
on file regarding a complaint may be withheld by the Yacht Manager or Employer where the
Employer considers this to be necessary (for example to preserve confidentiality with respect to
information obtained by the Employer or Yacht Manager during the course of investigating a
complaint). It is accepted that a Captain is entitled to approach any appropriate authority on this
matter for help if in doubt (e.g. Flag State, the Employer and/or Yacht Manager).

17. Statutory Work and Travel related Documents

17.1 It is a condition of your employment that you maintain in your possession all statutory certification
and personal documentation as is appropriate and requisite for the performance of your job. (E.g.
Certificates of Competency, your international passport, Discharge Book, a statutory medical fitness
certificate, international vaccination book...). The cost of the initial medical fitness certificate
(ENG1) will be borne by the Seafarer; certification renewal by the Company.
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17.2 You may be required to be in the possession of a valid visa & related documents enabling you to
travel to and from the Yacht and to work in the EU/Schengen area. The cost of itinerary related
documents and visas will always be borne by the Company and arranged with the help of the
Captain, Employer, Company or Yacht Manager.

17.3 It is your responsibility to ensure, that all such certification and documentation for work and travel
has sufficient duration of validity for the full period of any assignment to the Yacht. You must keep
the Captain or Yacht Manager updated in a timely manner and as appropriate regarding the details
and expiry dates of all relevant certification and documentation. The Yacht Manager will keep
duplicate records.

18. Personal Details

18.1 By signing this contract you agree that any personal information associated with your employment
that may be held on file by the Captain, the Company, Yacht Manager, Employer or Crew Manager
may be transmitted by secure means between those parties.

18.2 Any changes to your personal information such as bank account details, home address, next of kin
and contact telephone numbers must be advised to the Captain or Yacht Manager as soon as they
occur.

19. Dress code - Conduct and Appearance

19.1 The Employees are at all times representatives of “the Company” and are therefore expected to
conduct themselves, whether or not on duty, to an exemplary standard.

19.2 Uniforms provided, should be worn in full at all times whilst on duty and whilst off duty but on
board the Yacht. You shall be responsible for ensuring that the uniform is at all times maintained in a
clean and tidy condition and shall be responsible for the cleaning and maintaining of the uniform.

19.3 You will be provided with appropriate personal protective equipment by the Company where
required for the purposes of work, in accordance with any applicable regulations. Any failure to
comply with these regulations, which are designed to protect your health and safety and that of other
employees, will be treated as a serious act of misconduct and may lead to disciplinary action being
taken against you.

20. Confidentiality Requirement & Social Media Policy

20.1 In signing this contract you agree specifically and absolutely that during your employment and after
termination of your employment (for whatever reason) without limit in time you will not make any
unauthorized use or disclosure of any knowledge or any information in any form that relates to and is
considered by any of the Company, the Yacht Manager, Employer and Guests or their family,
partners, friends, and associates to be commercially sensitive or in any way confidential such as but
not limited to the identity of guests on board the Yacht or any personal, social or family matters,
location or itinerary of the yacht. This restriction includes the release of any such information by any
means of communication including social media (E.g. Twitter, Facebook, blogs…) from the yacht
and/or from any such access outside the workspace.

20.2 Where and when the acceptable use of private social networking or e-mailing is allowed, the Captain
shall make it clear to all seafarers when a strict change of policy is enforced. The Captain shall – at
his or her sole discretion and at any time, have the right to block the onboard access (and smart
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 phone use) of any social media for confidentiality purposes. Acceptable private use of social media
by the Seafarers will never include: posting or e mailing any type of information (such as comments,
videos or photographs) that may reveal any sensitive and/or confidential information (as described in
Clause 20.1) to which the Guests, the Employer, the Yacht Manager or other crew may in some way
object, irrespective of any social media “privacy settings”. Any posting of sensitive and/or
confidential and/or inappropriate material may lead to immediate dismissal.

20.3 Each seafarer-

(a) Acknowledges that he/she is or may be aware of the existence of contracts and business
arrangements between the Company and third parties;
(b) Agrees that he/she will, at all times, preserve strict confidentiality with respect to those contracts
and business arrangements and will not in any way interfere with them;
(c) Shall not seek to make any unauthorized personal profit or gain as a result of his knowledge of
such contracts or business arrangements or from his position on board the vessel;
(d) Acknowledges that he/she may be liable to prosecution for any breaches of this clause, including
the recovery of any loss suffered by the Company or any other party, resulting from such breaches.
The seafarer could also be liable to instant dismissal.

For the avoidance of doubt this clause shall not apply to information that is legitimately in the public
domain.

20.4 This confidentiality requirement does not prevent you from making use or disclosure of the aforesaid
information or knowledge as authorized and required by your employment duties during the normal
course of your employment or from making any disclosure solely for the purpose of complying with
a statutory obligation or the order of a state legal authority.

21. Owning Company Property

21.1 You agree that on the termination of your employment you will return all property (including,
without limitation, uniform and documentation) belonging to the Yacht, the Company, Yacht
Manager or Employer.

21.2 You acknowledge that all correspondence, customer lists and records, drawings, documents,
products or work products developed in the course of your employment and any other materials
owned by the Company, Yacht Manager or Employer or used by them in connection with the
conduct of their business shall at all times remain the sole property of the Company, Yacht Manager
or Employer; as appropriate and must be returned upon termination.

21.3 You shall not without the written consent of the Employer retain any copies. If so requested by the
Employer you will sign a statement confirming that you have complied with this requirement, and
payment of any sums due to you may be withheld until you have complied with this clause.

22. Personal effects

22.1 The Company’s existing Hull & Machinery insurance policy shall provide a basic level of cover in
respect of the personal belongings of the seafarer. Details, including the terms and level of this
insurance cover shall be made available to the seafarer. It shall be entirely your responsibility to
ascertain whether the policy taken out by the Company offers sufficient cover in respect of your
personal belongings. Where the seafarer requires additional cover over and above that provided by
the Company insurance, then such additional cover shall be arranged by the seafarer and the cost of it
shall be for the seafarer’s account. In no circumstances will the Company be liable for any loss or

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 damage to the seafarer’s personal effects beyond the level provided for under the Company’s
insurance cover with respect to such loss or damage howsoever caused.

23. Outside Work, Conflicts of interest, Gratuities and Commission

23.1 You are required to devote all your working time and energies to the Employer, your duties as crew
of the Yacht you are assigned to and the successful function of its business. You are not, without the
Captain and/or Employer’s prior written consent, entitled to undertake any outside paid work of
whatever type or to be directly or indirectly engaged, concerned or interested in any other business
concern.

23.2 Any gratuities directly or indirectly received from charterers or charter guests are to be declared to
the Captain, and shall be shared amongst the Yachts crew members in a fair and transparent manner.

23.3 Any commissions you receive directly or indirectly in relation to your employment under this
Agreement shall be declared to the Captain and shall be for the benefit of the Company.

24. Disciplinary Rules & Procedure

24.1 All disciplinary matters applicable to you will also be dealt with in accordance with the applicable
Statutory Code of Conduct for the Merchant Navy. A copy of which should be readily available to all
seafarers on board the yacht, or which may be obtained from the Captain or Yacht Manager’s office.

25. Training Courses

25.1 Mandatory Training Courses:

Training courses for certificate renewal are not normally paid by the Company, unless requested.

As just mentioned, you may be required to undertake training as requested by the Captain, Employer,
Yacht and/or Crew Manager from time to time, whether to meet the Employer’s or any statutory
requirements and any such training requested will be to the cost of the Company.

It is the responsibility of the Captain to ensure adequate travel arrangements are in place. The Yacht
or Crew Manager may assist as appropriate. Economy travel shall be booked solely for the purpose
of reaching the training center to and from the yacht or repatriation destination. Evidence of travel
costs will be required for travel not arranged by the Captain, Yacht Manager or Employer.

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