Crewz participants could be called on to actually “crew” by helping in the operation of the boat, under the direction of the captain, or simply to “cruise” by just going along for the ride. It’s up to Member-Captains and Member-Riders to together determine the nature and responsibilities of participants in each Crewz on a case by case basis.
Boating is a fun and rewarding activity and Crewz Club offers a new way to meet boaters and try new boats and new boating locations. But there also can be danger associated with boating that can result in injuries or loss of life. Members, not Myharbors, are entirely responsible for their personal safety at all times.
Myharbors can make no assessments and makes no representations about the safety or capability of Members or their boats and equipment. Members must use their own judgement and are responsible for making their own assessments.
Abide by All Myharbors Terms and Policies
Any Member participating in a Crewz activity makes their own judgement about the equipment, conditions, environment, captain other crew, and any other aspect involved with any boating activity. This might include areas such as safety of the location, equipment and weather conditions; experience and skills of the captain and other participants; size and maintenance level of the boat, and suitability of other required equipment (personal floatation devices, radios, safety equipment, etc).
It is entirely the responsibility of participating Members to assess the suitability of participating in a Crewz. Myharbors does not evaluate Crewz Member-Captains or Member-Riders in any way including their equipment, safety or skills. It is the responsibility of individual Members to make such evaluations (both as boat owner/captains assessing potential crew and as potential riders assessing boats, conditions, captains and additional crew).
Member-Riders: IF YOU ARE UNCOMFORTABLE WITH ANY ASPECT OF A CREWZ, DO NOT SCHEDULE THE CREWZ OR DO GET ON THE BOAT, OR ASK TO BE RETURNED IMMEDIATELY TO SHORE. YOU SHOULD ASSUME THAT YOUR MEMBER-CAPTAIN IS NOT A LICENSED CAPTAIN SO YOU MUST MAKE YOUR OWN ASSESSMENT ABOUT THEIR SKILLS AND ABILITIES. YOU ARE RESPONSIBLE FOR YOUR PERSONAL SAFETY.
Member-Captains: IF YOU ARE UNCOMFORTABLE WITH ANY ASPECT OF A MEMBER-RIDER RELATING TO SAFE OPERATION OF YOUR BOAT, DO NOT SCHEDULE THE CREWZ, DO NOT TAKE THE MEMBER ON THE BOAT OR RETURN THE MEMBER IMMEDIATELY TO SHORE. YOU ARE RESPONSIBLE FOR YOUR PERSONAL SAFETY AND THAT OF YOUR BOAT OR EQUIPMENT.
As in any day on the water, Member-Riders should take responsibility for their own comfort and safety. Assess the potential weather conditions on the water for the day of the Crewz and bring appropriate layers of clothing, including as needed foul weather gear. Bring sunscreen, personal water, food and any medicines needed.
MYHARBORS STRONGLY ADVISES THAT MEMBER-RIDERS BRING THEIR OWN COAST GUARD APPROVED PERSONAL FLOATATION DEVICE TO ALL CREWZ ACTIVITIES. Make sure it fits and is accessible at all times to enhance comfort and safety.
Member-Captains must also make suitable preparations for safe boating and abide by Coast Guard safety requirements. They should also make specific inquiries with Member-Riders about any special needs to assure they can be accommodated BEFORE accepting Members to scheduled Crewz activities.
No Fees For Crewz, No Charters
A Crewz is not a commercial Charter, it is just a boating activity between private persons. Per US Coast Guard regulations, only Licensed Captains may charge fees for boat charters. CHARGING FEES FOR CREWZ ACTIVITIES IS PROHIBITED BY MYHARBOS.
Further, Crewz Club is for individual Members only, Charter businesses that may use other aspects of Myharbors to advertise their offerings (e.g. ads, Classifieds, Listings) may NOT use Crewz Club to solicit, offer or schedule commercial charter activities.
No Liability for Myharbors or Crewz Club
Myharbors is simply providing a ride-matching service to its Members and makes no representations or claims, nor has any warranties or liabilities regarding any boating activity or the suitability of Members or their abilities and equipment to conduct boating activities. This no liability provision includes Member injuries or loss of life. Club participants accept ALL RESPONSIBILITY for their participation in Crewz Club.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYHARBORS AND THE MYHARBORS AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: LIFE, PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES OR INJURIES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES OR INJURIES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR MEMBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MYHARBORS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MYHARBORS AND THE MYHARBORS AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).