Commercial Marine Operations Supplemental Risk & Compliance Agreement

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(For Clients Already Bound by a Separate Signed Agreement)

This Commercial Marine Operations Supplemental Risk & Compliance Agreement (“Agreement”) is executed by the undersigned commercial client (“Client”) in favour of Indies Trader Marine Adventures Inc (“Indies Trader”).

This Agreement supplements but does not replace the terms and conditions of any separately executed contract, charter party, service agreement, or master services agreement between the parties (“Primary Agreement”).
Where safety, risk, or operational compliance obligations in this Agreement are stricter than those in the Primary Agreement, this Agreement shall govern.

1. Purpose of Agreement

Indies Trader conducts operations in remote maritime environments where conditions may pose elevated risks to personnel, equipment, and operations. This Agreement formalizes the safety requirements, risk assumptions, and compliance obligations applicable to Client and all Client-affiliated personnel (“Client Personnel”).

2. Acknowledgment of Operational Risks

Client acknowledges that commercial marine operations—particularly in remote regions—may involve the following risks:
  • Long-distance travel, fatigue, illness, seasickness, and environmental stress.
  • Extreme heat, strong sunlight, dehydration, and exposure hazards.
  • Remote operating conditions with limited access to medical care and emergency response.
  • Heavy equipment operations and vessel movements in confined or unpredictable environments.
  • Weather changes, sea-state hazards, vessel motion, and navigation risks.
  • Logistical delays, communication limitations, and potential evacuation difficulties.
Client understands that such hazards are inherent to marine operations and cannot be entirely eliminated.

3. Client Safety & Conduct Requirements

Client agrees that all Client Personnel will adhere to the following mandatory safety and operational rules while aboard any Indies Trader vessel or participating in any Indies Trader-associated operation:
  1. Fitness for Duty:
    Any Client Personnel exhibiting signs of illness, impairment, or unfitness must report to onboard supervisors. Fitness determinations made by Indies Trader personnel or any onboard medical professional are final and binding.
  2. Hydration, Exposure & Fatigue Management:
    Client Personnel must follow reasonable instructions regarding rest, hydration, heat management, and exposure limits.
  3. Alcohol & Substance Use:
    • Moderate alcohol consumption during off-duty hours may be permitted.
    • Intoxication, impairment, or hangover may result in suspension from operations for 24 hours or longer, at Indies Trader’s discretion.
    • Illegal substances are strictly prohibited.
  4. PPE & Equipment Compliance:
    Client Personnel must use all required personal protective equipment (PPE) and comply with safety standards appropriate to the operation, including but not limited to flotation devices, gloves, helmets, hearing protection, and fall-prevention equipment.
  5. Operational Instructions:
    Client Personnel must follow all operational guidelines issued by Indies Trader’s captains, supervisors, or designated crew, including vessel movement restrictions, deck-area access rules, and load-handling protocols.
  6. Buddy / Team Procedures:
    No Client Personnel may work alone in hazardous areas or during high-risk tasks. A team-based operational model must be followed at all times.
  7. Equipment Handling:
    Client Personnel may not operate Indies Trader equipment (cranes, winches, tenders, machinery) unless expressly authorized.
  8. Incident Reporting:
    All injuries, near misses, equipment failures, and unsafe conditions must be immediately reported to Indies Trader personnel.
Indies Trader reserves the right to suspend, restrict, or remove any Client Personnel from operations due to unsafe behaviour or conditions.

4. Assumption of Risk

Client acknowledges and agrees that:
  • Client Personnel participate in marine operations voluntarily and at their own risk.
  • Remote maritime operations entail the possibility of injury, illness, delays, property damage, or death.
  • Weather, sea conditions, mechanical issues, or logistical constraints may cause delays or changes to planned operations.
  • Client is not relying on any oral statements or representations not expressly included in the Primary Agreement or this Agreement.

5. Release, Waiver & Indemnification

To the fullest extent permitted by law, Client:
  1. Assumes all risks associated with participation in Indies Trader’s marine operations.
  2. Waives all claims against Indies Trader arising from injury, illness, death, property loss, delays, or disruptions, except where caused by Indies Trader’s gross negligence or wilful misconduct.
  3. Agrees to indemnify and hold harmless Indies Trader, its owners, crew, and agents from all claims, liabilities, and costs arising from:
    • the acts or omissions of Client or Client Personnel,
    • any breach of this Agreement, or
    • any unauthorized or unsafe conduct by Client Personnel.
This indemnity applies to all Client Personnel participating under Client’s authority or account.

6. Relationship to Primary Agreement

This Agreement is supplemental.
  • Commercial, financial, and operational terms remain governed by the Primary Agreement.
  • Where obligations conflict, the stricter safety requirement shall control.
  • All risk-allocation, insurance, and liability provisions in the Primary Agreement remain in full effect.

7. Acknowledgment & Signature

By signing below, the Client certifies that:
  • Client has read and understands this Agreement.
  • Client accepts all risks described herein.
  • Client affirms that all Client Personnel will comply with all rules and requirements.
  • Client is authorized to bind its personnel and its organization.

Client

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Indies Trader Marine Adventures

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