Mothership Fishing Operations – Supplemental Risk & Compliance Agreement

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(For Clients Already Bound by a Separate Signed Agreement)

This Mothership Fishing Operations Supplemental Risk & Compliance

Agreement (“Agreement”) is entered into by the undersigned client (“Client”) in favor of Indies Trader Marine Adventures Inc  (“Indies Trader”).

This Agreement supplements—and does not replace—the existing signed contract, charter party, or master services agreement between the parties (“Primary Agreement”).
Where safety or operational requirements in this Agreement are stricter, this Agreement shall govern.

1. Purpose

Indies Trader conducts mothership-based fishing operations in remote and dynamic maritime environments. This Agreement establishes the safety, conduct, and operational conditions required for the Client and all Client-affiliated personnel (“Client Personnel”).

2. Acknowledgment of Operational Risks

Client understands and acknowledges that offshore and remote fishing operations carry inherent risks, including but not limited to:
  • Long-distance travel, seasickness, fatigue, and environmental stress
  • Heat exposure, dehydration, sunburn, and heat-related illness
  • Slippery decks, vessel motion, trip hazards, and injuries from falls
  • Use of fishing gear (hooks, knives, gaffs, rods under load, etc.)
  • Hazards associated with fighting and landing large fish
  • Operation of tenders and small craft in open water
  • Weather changes, rough seas, unexpected swell, and navigation hazards
  • Limited local medical facilities, delayed evacuation, and communication constraints
  • Client acknowledges that these risks cannot be completely eliminated, even with proper care and safety procedures. 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.

3. Mandatory Safety & Conduct Requirements

Client agrees that all Client Personnel engaged in the fishing program will comply with the following rules:
  1. Fitness & Reporting
    • Anyone feeling ill, impaired, fatigued, overheated, or unwell must immediately notify the crew.
    • The captain or designated crew may restrict participation for safety reasons; such decisions are final and binding.
  2. Alcohol & Substance Use
    • Moderate alcohol consumption may be permitted at the captain’s discretion.
    • Intoxication, impairment, or hangover may result in a 24-hour suspension from fishing or tender operations.
    • Illegal substances are strictly prohibited.
  3. Gear, Equipment & PPE
    Client Personnel must:
    • Use all safety equipment and flotation devices when instructed
    • Wear appropriate footwear, sun protection, and protective clothing
    • Follow crew instructions regarding hooks, gaffs, knives, rods under high load, and storage of sharp equipment
    • Not operate tenders, winches, or any vessel equipment unless authorized
  4. Tender & Small Craft Rules
    • All anglers must follow the tender operator’s instructions at all times
    • Life jackets must be worn when required
    • Standing, leaning over rails, or moving during high-speed tender runs is prohibited
    • No angler may fish alone or separate without express approval from the captain or tender operator
  5. Deck, Vessel & Landing Zone Conduct
    • Running or rushing on deck is prohibited
    • Anglers must maintain situational awareness of lines, leaders, lures, and swinging rods
    • Fighting fish must be done in designated zones under crew supervision
    • Fish landing decisions (when, how, and if) rest solely with the crew
  6. Incident & Hazard Reporting
    • All injuries, gear failures, near misses, dangerous behaviour, or unsafe conditions must be reported immediately.
    • Indies Trader may restrict or remove any Client Personnel from activities for safety reasons.

4. Assumption of Risk

Client voluntarily accepts and assumes all risks associated with participating in mothership fishing activities, including but not limited to:
  • Personal injury, illness, dehydration, sun exposure, lacerations, puncture wounds, falls, and equipment-related injuries
  • Fish-related injuries (e.g., spines, teeth, billfish strikes)
  • Vessel or tender movement and sea-state conditions
  • Delays, itinerary changes, curtailment of operations due to weather or mechanical issues
  • Limited medical access due to remote location

Client understands that Indies Trader may modify or cancel activities for safety reasons without liability.

5. Release, Waiver & Indemnification

To the fullest extent permitted by law, Client:
  1. Assumes all risks associated with mothership fishing operations.
  2. Waives all claims against Indies Trader for injury, illness, death, gear loss, or property damage—except in cases of gross negligence or wilful misconduct by Indies Trader.
  3. Agrees to indemnify and hold Indies Trader and their subcontractors harmless from all claims, losses, damages, or liabilities arising from:
    • The actions or negligence of Client or Client Personnel
    • Any breach of this Agreement
    • Unauthorized, unsafe, or reckless conduct

This indemnity applies to all Client Personnel participating under Client’s booking or authority.

6. Relationship to Primary Agreement

  • Commercial, financial, and logistical terms remain governed by the Primary Agreement.
  • Where safety or operational rules conflict, the stricter of the two applies.
  • All insurance, liability, and assumption-of-risk provisions in the Primary Agreement remain in full force.

7. Acknowledgment & Signature

By signing below, the Client certifies that:
  • They have read and understand this Agreement.
  • They accept all risks stated herein.
  • They warrant that all Client Personnel will comply with these requirements.
  • They are duly authorized to execute this Agreement.

Client Name

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Indies Trader Marine Adventures Inc

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