Terms and Conditions of Business – Issued February 1st, 2008

The use of the luxyachts.com website and the sale of services offered by Luxury Yacht Crew LLC are governed by the terms and conditions set forth below.

 1. Definitions

1.1 Company: Luxury Yacht Crew LLC, a Florida registered company.
1.2 Crew: Any person or company submitting their information on the website, making verbal presentation to company personnel, faxing personal details or otherwise indicating their desire to find employment through the company.
1.3 Registration: The process undertaken by crew seeking work to submit their details to the company.
1.4 Employer: Any person or corporation requesting crew from the company, the employer can be the owner of the yacht, the captain or any crew member or agent acting on behalf of them. Luxury Yacht Group is not the employer.
1.5 Website: The company website www.luxyachts.com.
1.6 Job order: A request to find crew received by company personnel.
1.7 Submitted or submittal: The forwarding of or presentation of candidates from the company to the employer by any means and valid for 12 months from the date of submission.
1.8 Permanent: Any position which does not have a fixed end date or intended employment of greater than 90 days.
1.9 Temporary: Any position which has a fixed end date of employment less than 90 days.
1.10 Validity: These terms and conditions are valid until amended by the company.
1.11 Crew Coordinator: Company placement staff who match crew to specific job criteria.

2. Fees

2.1 A fee will be payable to the company whenever an applicant submitted to an employer is hired onboard within one year of the date of submission. All fees are due payable at the company’s office at 1362 SE 17th St, Ft Lauderdale, FL, 33316.
2.2 There are no fees for crew to register and seek employment through the company.
2.3 For Employers –
(a) Permanent placement - 70% of the first month’s wages
(b) Temporary placement – 20% of all earnings
2.4 Crew placement fees are payable within 14 days from the first day of employment for permanent placements and at the end of employment for temporary placements.
2.5 All fees paid are non-refundable.
2.6 Known Crew -
(a) Should a crew member be submitted by the company and be previously known to the employer, it is the burden of the employer to notify the company within 24 hours of receipt of the candidates information. If notification is not received within 24 hours then it shall be viewed as a valid introduction and fees payable.
(b) In situations where the candidate is known of to the employer but the employer did not have the correct contact information a full placement fee is payable.

3. Service Credits for Crew Placement

3.1 There are no credits available for temporary crew placements.
3.2 Permanent Crew Placement Service Credits
(a) If the crew member hired leaves prior to 90 days without cause or is terminated with cause a full credit will be made to the employer’s accounts for use against any future placement in the following 12 months.
(b) If the crew member hired within 91 and 180 days leaves without cause or is terminated with cause a 50% credit will be made to the employers account for use against any future placement in the following 12mths.
3.3 Permanent Placement of Captains -
If a captain hired leaves prior to one year from the original start date without cause or is terminated with cause, a full credit will be made to the employers account for use against the future placement of a captain in the following 12 months.
3.4 Service Credit Limitations
There is only one credit per placement.
3.5 The service credit is inapplicable in any of the following cases –
(a). Change in ownership of the vessel
(b). Change in captain or more than 50% of the crew
(c). Major change in schedule from that planned at the time of hire
(d). Failure by employer to maintain a safe working environment
(e). Failure by employer to maintain a drug free workplace
(f). Failure to pay within 14 days of invoicing
(g). Failure to notify the company’s crew coordinator within 48 hours of crew member departure.
(h) When the employer is otherwise in default of this agreement

4. Rights to Information - Employers

You, the employer, agree to hold as confidential the identity of the candidates submitted by the company and further agree not to pass on or otherwise distribute resumes or contact information for applicants received from the company to any other person, or corporation other than for the purposes of reference verification and employment suitability verification. Any violation of this cause is a breach of the agreement. In the event of a breach of this clause the company will be entitled to a fee, 70% of the candidates salary equivalent for a one month period.

5. Accuracy of Information – Crew

As a crew member seeking employment you are providing the company with information and warranting such information as an accurate and true representation of your experience and job skills.You further agree that this information may be distributed by the company to third parties without your knowledge for the purposes of finding employment, reference verification or any other purpose deemed appropriate by the company. You agree to indemnify and hold harmless the company from any damages caused through misrepresentation of your experience or certifications.

6. Website access

The company makes information available to crewmembers and employers where they can browse available jobs and crew through the internet. You acknowledge that you do not acquire any rights to reuse the content, layout and data in any manner. Use of the website and its data is governed by these terms and conditions. The data presented by the company is protected under international copyright laws.

7. Data accuracy

The company makes all reasonable efforts to ensure that the information online is accurate and correct prior to forwarding information to an employer; however, due to the fact that the data is being entered by individual crew members from various locations, it is agreed that no guarantee as to the accuracy of information presented is expressed or implied. It is strongly recommended that any employer verify the credentials and job history of any applicant prior to hiring.

9. Non-Solicitation

It is agreed that the company will in no way induce or encourage crew members who are actively employed to seek other employment. Only crew members who have activated their registration will be considered for employment.

10. Team placements

Many yacht crew work as a team with their partner. The company reserves the right to charge a second placement fee for the partner when the crew coordinator makes the employer aware of the team status during the initial introduction.

11. Hiring expenses

The company assumes no liability for the costs associated with interviewing, hiring and whenever necessary, repatriating crew members.

12. Acceptance

These terms and conditions shall be deemed accepted by employers who place a job order with the company or by crew members who register on the website. No modification to these terms and conditions shall be made unless specifically agreed to in writing.

13. Jurisdiction – Choice of Law

(a) Choice of Law – The laws of the State of Florida or the general maritime law of the United States shall govern any dispute arising out of this agreement.
(b) Forum Selection – All disputes and suits arising out of this agreement shall be submitted to a court of competent jurisdiction in Broward County, FL, without prejudice to the company’s rights under the general maritime law to pursue a maritime lien in rem against a responsible vessel, outside Broward County Florida.
(c) Consent to Jurisdiction – The contracting parties hereto agree that the forum selection clause and choice of law provisions also constitute a waiver of any argument or defense based on lack of personal jurisdiction.