Templates Maritime Admiralty Crew Manning Agency Agreement

Crew Manning Agency Agreement

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CREW MANNING AGENCY AGREEMENT

BETWEEN:

Party Role
[PRINCIPAL NAME], a company/entity incorporated in [_____________________], Principal
AND
[MANNING AGENCY NAME], a company/entity incorporated in [_____________________], holding recruitment and placement license No. [______________] Manning Agency

RECITALS:

WHEREAS the Principal is the owner and/or operator of the vessel(s) listed in Exhibit A (the "Vessel(s)");

WHEREAS the Manning Agency holds a valid maritime crew recruitment and placement license in accordance with the Maritime Labour Convention 2006 and applicable flag state and domicile state law;

WHEREAS the parties desire to establish a crew supply relationship whereby the Manning Agency shall recruit, screen, and supply qualified seafarers to meet the Principal's manning requirements;

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows:


1. DEFINITIONS

1.1 Seafarer means any person employed or engaged in any capacity on board a vessel covered by the MLC 2006, including officers and ratings.

1.2 Vessel means the ship(s) listed in Exhibit A and all replacement vessels nominated by the Principal during the term of this Agreement.

1.3 STCW means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended by the Manila Amendments (STCW 2010).

1.4 MLC 2006 means the Maritime Labour Convention 2006 of the International Labour Organization.

1.5 SEA means the Seafarers' Employment Agreement between the Principal (or its designated owner) and each individual Seafarer, in the form attached as Exhibit B.

1.6 Port State Control means the authority exercising jurisdiction over vessel inspections in ports of call.

1.7 ITF Vessel means a vessel operating under an International Transport Workers Federation (ITF) collective bargaining agreement.

1.8 ENG 1 / DG 11 / POEA refer respectively to maritime medical fitness certificates, dangerous goods endorsements, and Philippine Overseas Employment Administration licensing (or equivalent national authority certification for Seafarers' nationality).

1.9 Manning Pool means the database of pre-qualified Seafarers maintained by the Manning Agency.


2. SCOPE OF SERVICES

2.1 Manning Agency Services

The Manning Agency shall provide the following services on behalf of the Principal:

(a) Recruitment and selection of qualified Seafarers;

(b) Verification of credentials, certificates, medical fitness, and training in accordance with STCW 2010 and flag state requirements;

(c) Conduct of pre-employment medicals (ENG 1 / equivalent), drug screening, and background checks;

(d) Arrangement of visa, travel documentation, and transportation to vessel;

(e) Pre-departure briefing and orientation;

(f) Maintenance of seafarer personnel records;

(g) Supply of replacement crew and emergency crew changes;

(h) Ongoing liaison between Seafarers, the Principal, and the vessel's Master during employment;

(i) Port agent coordination for crew exchanges and urgent crew matters.

2.2 Principal's Nomination of Crew Requirements

The Principal shall provide the Manning Agency with:

(a) Vessel details (name, IMO number, flag state, DWT, type);

(b) Manning scale and crew composition required;

(c) Specific certifications, experience, and training requirements;

(d) Voyage schedules and expected crew change dates;

(e) Any special vessel-specific or route-specific requirements.


3. MANNING AGENCY OBLIGATIONS

3.1 Licensing and Compliance

The Manning Agency warrants that it:

(a) Holds a valid maritime recruitment and placement license from its domicile state and complies with all flag state authorization requirements;

(b) Maintains full compliance with the Maritime Labour Convention 2006 (MLC 2006), Standard A1.4 (Recruitment and Placement);

(c) Does not charge recruitment or placement fees to Seafarers, in compliance with MLC Standard A1.4(c);

(d) Maintains comprehensive record-keeping and audit trails for recruitment activities;

(e) Discloses any material fitness, regulatory, or disciplinary issues to the Principal promptly.

3.2 Seafarer Qualification Standards

All Seafarers supplied shall:

(a) Hold valid STCW certificates of competency appropriate to rank and function;

(b) Possess valid medical fitness certificates (ENG 1 or equivalent) issued within the preceding 12 months;

(c) Hold valid national identity/seafarer identity documents and valid passports;

(d) Have successfully completed STCW mandatory training (Basic Safety Training, BOSIET, SOLAS, GMDSS, or equivalent as applicable);

(e) Meet the vessel's flag state specific requirements (e.g., US flag: Merchant Mariner's Document, Russian flag: Russian Maritime Register of Shipping certification);

(f) Be free of material criminal convictions disqualifying them from shipboard service;

(g) Possess professional liability and competency insurance as required by flag state or insurer.

3.3 Certificate Verification

The Manning Agency shall:

(a) Verify all STCW certificates through official registry systems or recognized awarding authority;

(b) Cross-reference dangerous goods (DG) endorsements, GMDSS, BOSUN/Boatswain certifications, and vessel-specific qualifications;

(c) Maintain an electronic or secure physical copy of all verified certificates;

(d) Provide the Principal with complete credential documentation prior to crew joining;

(e) Verify medical fitness through accredited maritime medical practitioners.

3.4 Manning Pool and Availability

The Manning Agency shall:

(a) Maintain a Manning Pool of pre-qualified Seafarers sufficient to meet the Principal's scheduled and emergency manning requirements;

(b) Provide guaranteed crew availability with a maximum turnaround time of [_____] hours (or as agreed) for routine crew changes;

(c) Maintain crew rotation schedules to ensure minimal fatigue and compliance with STCW Rest Hour Rules (90 hour maximum rest aggregate per week);

(d) Provide written confirmation of Seafarer availability for each nominated crew member at least [_____] days prior to contract commencement;

(e) Supply replacement crew for any joining Seafarer who fails to report, is medically rejected, or requires last-minute substitution.

3.5 Pre-Employment Screening

The Manning Agency shall conduct and document:

(a) Pre-employment medical examination by an approved maritime physician;

(b) Drug and alcohol screening in compliance with the vessel's flag state and Principal's policy;

(c) Background and criminal record checks;

(d) Verification of seafarer identity through official authority databases;

(e) Competency assessment interviews; and

(f) Prior service and disciplinary history review where available.

Results shall be documented and made available to the Principal upon request.

3.6 Pre-Departure Orientation

The Manning Agency shall provide all joining Seafarers with:

(a) Written information regarding employment terms, SEA obligations, and crew change arrangements;

(b) Safety briefing and orientation regarding vessel systems, emergency procedures, and company policies;

(c) Fatigue awareness and work-rest hour compliance briefing;

(d) Information on complaint procedures and access to shore-side welfare support;

(e) Facilitation of visa, travel permits, and port disbursement documentation.

3.7 Crew Records Management

The Manning Agency shall maintain:

(a) Secure personnel files for each Seafarer including credentials, medical records, and performance evaluations;

(b) Records of all placements, including contract dates, vessel assignments, and completion status;

(c) Records of any complaints, disciplinary issues, or safety incidents involving Seafarers;

(d) Confidential medical and personal data in compliance with applicable data protection law (GDPR, local equivalents);

(e) Audit trail and accessibility for Principal review (subject to privacy protections).

3.8 MLC 2006 Standard A1.4 Compliance

The Manning Agency shall ensure full compliance with MLC 2006 Standard A1.4, including:

(a) No trafficking or forced labour practices;

(b) No discrimination in recruitment based on race, colour, sex, belief, nationality, or social origin;

(c) Provision of written information regarding terms of employment prior to joining;

(d) Transparent recruitment and placement procedures;

(e) No charging of recruitment fees to Seafarers.


4. PRINCIPAL'S OBLIGATIONS

4.1 Employment Terms

The Principal shall:

(a) Provide each Seafarer with a valid Seafarers' Employment Agreement (SEA) in the form of Exhibit B, executed prior to or at the time of signing aboard;

(b) Ensure the SEA complies with MLC 2006 Standard A2.1 and the flag state maritime labour law;

(c) Specify wages, working hours, leave entitlements, and repatriation arrangements in the SEA;

(d) Ensure wage payment in compliance with MLC 2006 Standard A2.2 (timely, transparent, in accordance with SEA);

(e) Maintain a current crew agreement or employment roll on the vessel.

4.2 Manning Scale and Vessel Operations

The Principal shall:

(a) Maintain a valid manning certificate and manning scale compliant with flag state law and STCW requirements;

(b) Ensure the Vessel carries a crew complement sufficient to meet flag state minimum manning requirements and applicable international standards;

(c) Provide the Manning Agency with updated vessel specifications and manning requirements promptly.

4.3 Insurance and Liability

The Principal shall:

(a) Maintain Protection & Indemnity (P&I) insurance that covers crew liability, including sickness, injury, repatriation, and death of Seafarers;

(b) Maintain crew medical insurance or equivalent health benefit plan;

(c) Maintain compliance with MLC 2006 Standard A4.5 (shipowner liability for sickness, injury, death, and repatriation);

(d) Maintain certificates of financial security or equivalent proof of insolvency protection for Seafarer claims.

4.4 Vessel Safety and Working Conditions

The Principal shall:

(a) Ensure the Vessel meets all applicable international safety standards (SOLAS, MARPOL, ISM Code, STCW);

(b) Maintain safe working hours and rest provisions in compliance with STCW 2010 (maximum 14 hours per day, 72 hours per week rest, with prescribed cycles);

(c) Provide adequate food, accommodation, medical facilities, and recreational facilities compliant with MLC 2006 Standards A3.1 (Accommodation), A4.3 (Medical Care);

(d) Maintain an onboard complaint procedure and access to a medical officer or telemedicine;

(e) Report any Seafarer injuries, sickness, or death to the Manning Agency within [_____] hours.

4.5 Data Sharing and Access

The Principal shall:

(a) Provide the Manning Agency with access to crew performance reports and incident records;

(b) Notify the Manning Agency of any disciplinary actions, injuries, or safety concerns;

(c) Maintain confidentiality of Seafarer personal and medical data;

(d) Cooperate with the Manning Agency in investigating complaints or disputes.


5. EMPLOYMENT RELATIONSHIP AND STATUS

5.1 Recruitment Agency Structure (Standard)

In the standard arrangement:

(a) The Manning Agency acts as the recruitment and placement agent of the Principal;

(b) Each Seafarer shall enter into an SEA directly with the Principal (or the registered Owner) as employer;

(c) The Manning Agency does not become the employer or assume direct liability for the Seafarer unless explicitly agreed in writing;

(d) The Principal is responsible for all obligations arising from the SEA, including wages, benefits, repatriation, and liability for injury/death.

5.2 Employer-of-Record Structure (Optional)

If the parties agree in writing, the Manning Agency may serve as employer-of-record for specific jurisdictions or Seafarers, whereby:

(a) The Seafarer's SEA is executed with the Manning Agency as employer;

(b) The Manning Agency invoices the Principal for total crew costs (wages + overhead);

(c) The Manning Agency assumes direct liability for wage payment, contractual compliance, and labour law obligations in the jurisdiction of the Seafarer's nationality or Engagement;

(d) A Back-to-Back Agreement (Exhibit C) shall be executed between the Manning Agency and Principal to clarify liability allocation and indemnification.

5.3 Secondment Structure (Alternative)

Where applicable under flag state or regional law, Seafarers may be engaged by the Manning Agency and seconded to the Principal, with liability and oversight shared pursuant to a detailed secondment agreement.


6. COMPENSATION AND FEES

6.1 Placement Fee

The Principal shall pay the Manning Agency a placement fee of [________________] per Seafarer per employment contract, due upon confirmation of crew joining the Vessel.

6.2 Monthly Retainer (if applicable)

For ongoing crew management and replacement services, the Principal shall pay a monthly retainer fee of [________________], payable in advance on the [____] of each calendar month.

6.3 Reimbursable Expenses

The Principal shall reimburse the Manning Agency for reasonable documented expenses, including:

(a) Crew visa and travel costs not covered by the Seafarer;

(b) Port agent fees for crew changes;

(c) Emergency air travel for urgent crew replacements;

(d) Medical examination and screening costs.

Reimbursement shall be invoiced with supporting documentation.

6.4 Prohibition on Seafarer Fees

The Manning Agency shall not charge Seafarers any fee, deposit, or cost relating to recruitment or placement, in compliance with MLC 2006 Standard A1.4(c).


7. CREW WAGES AND ALLOTMENTS

7.1 Wage Responsibility

All wage payments and allotments to Seafarers shall be the sole responsibility of the Principal and are not mediated through the Manning Agency, except where the Manning Agency is the employer-of-record (Section 5.2).

7.2 Wage Transparency

The SEA (Exhibit B) shall clearly specify:

(a) Monthly basic wage and any performance or incentive bonuses;

(b) Currency of payment and method of transfer;

(c) Payroll deductions and withholdings;

(d) Allotment arrangements (portion of wages sent to Seafarer's family ashore);

(e) Period of notice required for wage changes.

7.3 Timely Payment

The Principal shall pay wages in full and on time, in accordance with MLC 2006 Standard A2.2, and shall provide the Manning Agency with evidence of wage payment upon request.

7.4 Allotment Facilitation

The Manning Agency shall:

(a) Facilitate allotment arrangements where the Seafarer nominates a beneficiary;

(b) Coordinate with the Principal's payroll provider;

(c) Provide Seafarers with information on allotment methods and exchange rates.


8. REPATRIATION OBLIGATIONS

8.1 Repatriation Standards

The Principal and Manning Agency jointly ensure compliance with MLC 2006 Standard A2.5 (Repatriation of Seafarers):

(a) Seafarers shall be repatriated at no cost to the Seafarer upon expiry of contract;

(b) Repatriation shall occur within [_____] days of contract termination (or as mandated by flag state);

(c) Seafarers are entitled to repatriation on medical grounds or due to abandonment;

(d) The Principal shall bear all repatriation costs (airfare, travel expenses, port fees).

8.2 Manning Agency Role in Repatriation

The Manning Agency shall:

(a) Coordinate with the Principal on repatriation schedules;

(b) Arrange travel logistics and documentation;

(c) Liaise with port agents for final disbursements and departure;

(d) Maintain contact with Seafarers during repatriation to ensure proper handling;

(e) Confirm safe arrival of Seafarers at their designated port of origin.


9. SICKNESS, INJURY, AND DEATH

9.1 Shipowner Liability – MLC Standard A4.2

The Principal acknowledges full liability for:

(a) Medical expenses arising from sickness or injury during employment aboard the Vessel;

(b) Continuation of wages during medical treatment (unless caused by willful misconduct);

(c) Repatriation costs for medical incapacity;

(d) Death benefits and repatriation of remains of deceased Seafarers;

(e) Compensation for permanent disability or occupational disease, in accordance with flag state law and MLC 2006 Standard A4.2.

9.2 Manning Agency Reporting

The Manning Agency shall immediately notify the Principal's designated contact of any:

(a) Serious injury or illness reported by a Seafarer;

(b) Medical evacuation or hospitalization;

(c) Fatality at sea;

(d) Incident reportable under SOLAS and ISM Code.

9.3 Claims Administration

The Principal shall maintain adequate insurance and shall promptly:

(a) File claims with P&I insurers;

(b) Process Seafarer claims for compensation;

(c) Provide the Manning Agency with claim status updates.

The Manning Agency may assist in documentation and coordination but shall not delay claims by administrative steps.


10. ITF AGREEMENT COMPLIANCE

10.1 ITF Coverage

If the Vessel operates under an International Transport Workers Federation (ITF) collective bargaining agreement:

(a) The Principal shall maintain a valid ITF Standard Agreement or equivalent collective agreement;

(b) All Seafarers shall be employed under ITF-compliant terms;

(c) ITF minimum wages, working conditions, and dispute resolution procedures shall apply;

(d) The Principal shall provide copies of the ITF agreement and crew/vessel coverage documentation to the Manning Agency;

(e) The Manning Agency shall ensure all recruited Seafarers are informed of their ITF-covered status.

10.2 Manning Agency ITF Liaison

The Manning Agency shall:

(a) Maintain liaison with ITF port delegates and inspectors;

(b) Facilitate ITF inspections and compliance verification;

(c) Ensure crew briefing on ITF complaint procedures;

(d) Provide support in resolving ITF-related complaints or disputes.


11. COMPLAINTS AND DISPUTE RESOLUTION

11.1 Onboard Complaint Procedure

The Principal shall maintain an onboard complaint and grievance procedure, including:

(a) Written procedures posted in crew areas and provided in Seafarers' native languages where practicable;

(b) Confidentiality protections to prevent retaliation;

(c) Access to the Master, Chief Officer, or senior officer to lodge complaints;

(d) Investigation and documented response within [_____] days;

(e) Non-retaliation guarantee.

11.2 Ashore Complaint Procedure (MLC 5.1.5)

In compliance with MLC 2006 Section 5.1.5, the parties shall:

(a) Establish an effective ashore complaint and dispute resolution mechanism;

(b) Designate an ashore contact to receive complaints from Seafarers (typically the Manning Agency or a port agent);

(c) Provide the contact information to all joining Seafarers;

(d) Respond to complaints within [_____] days;

(e) Escalate unresolved complaints to independent arbitration if necessary.

11.3 Manning Agency's Role

The Manning Agency shall:

(a) Receive and document complaints from Seafarers regarding recruitment, placement, or employment;

(b) Attempt informal resolution;

(c) Escalate to the Principal or formal dispute resolution if necessary;

(d) Maintain confidentiality and protect against retaliation.


12. CONFIDENTIALITY AND DATA PROTECTION

12.1 Confidential Information

The parties shall maintain confidentiality regarding:

(a) Seafarer personal data, including identity, medical records, and employment history;

(b) Vessel operational details and routes;

(c) Crew cost structures and fee arrangements;

(d) Any proprietary recruitment methodologies or databases.

12.2 Data Protection Compliance

The Manning Agency and Principal shall comply with applicable data protection law, including:

(a) GDPR (EU General Data Protection Regulation) for Seafarers with ties to the EU;

(b) National data protection laws of flag state, domicile state, and Seafarers' home countries;

(c) Secure storage and encryption of personal data;

(d) Limited disclosure of personal information (only to authorized personnel);

(e) Data retention policies consistent with maritime and employment law (typically 3-7 years);

(f) Right of Seafarers to access and correct their personal data.

12.3 Authorized Use of Data

The parties shall use Seafarer data only for purposes of:

(a) Recruitment and crew placement;

(b) Vessel crewing and safe operations;

(c) Compliance with flag state and port state requirements;

(d) Claims administration (injury, death, repatriation);

(e) Legal compliance and audit.


13. REPRESENTATIONS AND WARRANTIES

13.1 Manning Agency Representations

The Manning Agency represents and warrants that:

(a) It is duly organized, in good standing, and authorized to conduct recruitment and maritime employment services;

(b) It holds all necessary licenses and certifications to operate as a maritime recruitment agency in its domicile state and for the flag states of the Principal's vessels;

(c) All Seafarers supplied shall meet STCW, medical fitness, and flag state requirements;

(d) It shall not discriminate or engage in trafficking, forced labour, or child labour;

(e) All documentation and certifications provided shall be genuine and current;

(f) It shall fully comply with MLC 2006 and relevant maritime labour law;

(g) No lien, encumbrance, or claim exists against the Manning Agency that would impair performance.

13.2 Principal Representations

The Principal represents and warrants that:

(a) It is the registered owner or authorized operator of the Vessel(s);

(b) The Vessel(s) shall comply with SOLAS, MARPOL, ISM Code, and flag state safety requirements;

(c) It shall maintain valid P&I insurance and adequate crew insurance;

(d) It shall comply with all wage, working conditions, and labour law obligations under MLC 2006 and flag state law;

(e) It shall provide a safe working environment and adequate living conditions;

(f) It shall not engage in discrimination or labour trafficking.


14. INDEMNIFICATION AND LIABILITY

14.1 Manning Agency Indemnity

The Manning Agency shall indemnify and hold harmless the Principal from:

(a) Any claim arising from the Manning Agency's breach of this Agreement;

(b) Misrepresentation or falsification of Seafarer credentials or certifications;

(c) Failure to conduct required pre-employment screening;

(d) Negligent or wrongful placement of an unfit or unqualified Seafarer;

(e) Breach of MLC 2006 Standard A1.4 (recruitment obligations);

(f) The Manning Agency's own negligence or willful misconduct.

14.2 Principal's Indemnity

The Principal shall indemnify and hold harmless the Manning Agency from:

(a) Any claim arising from the Principal's breach of this Agreement;

(b) Injury, death, or illness of a Seafarer occurring aboard the Vessel or during employment;

(c) The Principal's failure to pay wages or provide contractual benefits;

(d) The Principal's breach of MLC 2006 labour standards;

(e) Any claim by a Seafarer against the Manning Agency relating to employment aboard the Vessel (the Manning Agency being the placement agent only, unless employer-of-record);

(f) The Principal's own negligence or willful misconduct.

14.3 Insurance Requirements

Each party shall maintain appropriate insurance:

Coverage Responsible Party Minimum Coverage
Protection & Indemnity (Crew Liability) Principal [______________]
Medical/Disability Insurance Principal [______________]
Professional Indemnity (Recruitment) Manning Agency [______________]
Employment Practices Liability Manning Agency [______________]

15. TERM AND TERMINATION

15.1 Initial Term

This Agreement shall commence on [__________] and continue for an initial term of [_____] year(s) unless terminated earlier pursuant to Section 15.2.

15.2 Renewal

This Agreement shall renew automatically for successive [_____]-year periods unless either party provides written notice of non-renewal at least [_____] days prior to the expiry date.

15.3 Termination for Convenience

Either party may terminate this Agreement by providing written notice of at least [_____] days, with termination effective on the date specified.

15.4 Termination for Cause

Either party may terminate immediately upon written notice if:

(a) The other party materially breaches this Agreement and fails to cure within [_____] days of written notice;

(b) The other party becomes insolvent, bankrupt, or unable to pay its debts;

(c) The other party is convicted of a maritime crime, fraud, or labour trafficking;

(d) A regulatory authority suspends or revokes a necessary license or certification (Manning Agency) or maritime certificate (Principal);

(e) The other party is in material breach of MLC 2006 or STCW requirements.

15.5 Effect of Termination

Upon termination:

(a) The Manning Agency shall continue to provide support for Seafarers already aboard vessels until crew change or end of contract;

(b) The Manning Agency shall transfer all Seafarer personnel records to the Principal or its successor Manning Agency;

(c) All outstanding invoices shall be paid within [_____] days;

(d) Both parties shall comply with all repatriation obligations pending.

15.6 Survival

Sections 12 (Confidentiality), 13 (Representations), 14 (Indemnification), 17.1 (Governing Law), and 17.3 (Dispute Resolution) shall survive termination.


16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [____________________], without regard to conflict of laws principles.

16.2 Arbitration

Any dispute arising out of or relating to this Agreement shall be finally resolved by binding arbitration, except as provided in Section 16.3:

(a) Seat of Arbitration: [____________________]

(b) Number of Arbitrators: Three (3), with each party appointing one arbitrator and the two party-appointed arbitrators selecting a presiding arbitrator.

(c) Rules: The arbitration shall be conducted under the LMAA Terms (London Maritime Arbitrators Association) or, if inapplicable, the UNCITRAL Arbitration Rules.

(d) Language: English (or as agreed).

(e) Discovery: Limited document production as permitted by the arbitration rules.

16.3 Interim Measures

Notwithstanding Section 16.2, either party may seek interim measures (injunctive relief) in any competent court of law to:

(a) Prevent irreparable harm or preserve evidence;

(b) Enforce emergency crew safety measures;

(c) Secure payment of outstanding fees or wages.

16.4 Costs

Each party shall bear its own legal costs unless an arbitrator awards costs against a party for frivolous or abusive claims.


17. MISCELLANEOUS

17.1 Entire Agreement

This Agreement, together with its Exhibits, constitutes the entire agreement between the parties and supersedes all prior understandings, negotiations, and agreements.

17.2 Amendments

This Agreement may not be amended or modified except by a written instrument executed by both parties.

17.3 Notices

All notices shall be in writing and delivered:

(a) By hand;

(b) By email (with read receipt or confirmation);

(c) By overnight courier; or

(d) By registered or certified mail.

Notices to the Manning Agency shall be addressed to:

[_____________________________]
[_____________________________]
Email: [__________________]
Attn: [____________________]

Notices to the Principal shall be addressed to:

[_____________________________]
[_____________________________]
Email: [__________________]
Attn: [____________________]

17.4 Severability

If any provision is found invalid or unenforceable, the remaining provisions shall continue in effect to the fullest extent permitted by law.

17.5 Waiver

The waiver of any breach shall not constitute a waiver of any subsequent breach.

17.6 Assignment

Neither party may assign this Agreement without the prior written consent of the other, except the Principal may assign to a successor owner or operator of the Vessel upon notice.

17.7 Independent Contractors

The Manning Agency is an independent contractor and not an agent, employee, or partner of the Principal, except insofar as retention of Seafarers is concerned.

17.8 Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond reasonable control, including war, piracy, natural disaster, pandemic, or port state detention, provided prompt notice is given.


EXECUTION

IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above.


FOR AND ON BEHALF OF

[PRINCIPAL NAME]

By: ___________________________________

Name: _________________________________

Title: __________________________________

Date: __________________________________


FOR AND ON BEHALF OF

[MANNING AGENCY NAME]

By: ___________________________________

Name: _________________________________

Title: __________________________________

Date: __________________________________


EXHIBITS

EXHIBIT A – VESSEL SCHEDULE

Vessel Name IMO Number Flag State DWT Type Manning Scale Crew Change Cycle
[__________] [__________] [__________] [__________] [__________] [__________] [__________] months
[__________] [__________] [__________] [__________] [__________] [__________] [__________] months

EXHIBIT B – FORM SEAFARERS' EMPLOYMENT AGREEMENT (SEA)

[INSERT SEA FORM – TO BE PROVIDED BY PRINCIPAL OR FLAG STATE AUTHORITY]


EXHIBIT C – BACK-TO-BACK AGREEMENT (IF APPLICABLE)

[INSERT BACK-TO-BACK AGREEMENT IF MANNING AGENCY IS EMPLOYER-OF-RECORD]


EXHIBIT D – MANNING POOL STANDARDS

Minimum Qualifications for Manning Pool Seafarers:

☐ Valid STCW Certificate of Competency (appropriate rank)

☐ Valid medical fitness certificate (ENG 1 or equivalent) issued within 12 months

☐ Valid national identity / passport

☐ Successful completion of Basic Safety Training (STCW)

☐ BOSIET or equivalent survival training (for offshore vessels)

☐ Flag state-specific endorsements (GMDSS, DG, etc. as applicable)

☐ Professional liability insurance (where required)

☐ Background check and criminal record clearance

☐ Pre-employment medical examination and drug screening

☐ Competency assessment interview and reference check

☐ Evidence of prior service (employment references)


EXHIBIT E – PORT AGENT CONTACT LIST

Port Agent Name Contact Phone Email Services
[__________] [__________] [__________] [__________] Crew changes, medical, supplies
[__________] [__________] [__________] [__________] Crew changes, medical, supplies

SOURCES AND REFERENCES

International Maritime Labour Standards:

  • International Labour Organization (ILO) Maritime Labour Convention 2006 (MLC 2006): https://www.ilo.org/maritime/
  • STCW 1978 as amended by the Manila Amendments 2010: https://www.imo.org/en/OurWork/HumanElement/Pages/STCW.aspx
  • International Maritime Organization (IMO) STCW guidance: https://www.imo.org/

US Regulations:

  • 46 U.S.C. § 10101 et seq. (Merchant Mariner provisions)
  • 46 CFR Part 15 (Manning Requirements)
  • US Coast Guard (USCG) Maritime Labour Convention compliance: https://www.uscg.mil/

Industry Standards:

  • International Transport Workers Federation (ITF) Standard Seafarers' Contract: https://www.itfglobal.org/en/sector/seafarers
  • London Maritime Arbitrators Association (LMAA): https://www.lmaa.london/

National Authorities (Seafarer Licensing):

  • Philippine Overseas Employment Administration (POEA): https://www.poea.gov.ph/
  • Flag state maritime authorities (obtain compliant SEA forms and manning requirements from vessel's flag state registry)

Disclaimer: This template is for informational purposes only and does not constitute legal advice. Crew manning agreements involve complex international maritime labour law, flag state requirements, and often ITF collective bargaining issues. Parties should engage maritime labour counsel in the relevant jurisdictions and confirm compliance with applicable MLC 2006, STCW, and flag state regulations before execution.

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Maritime and admiralty law governs vessels, cargo, seamen's claims, and disputes that happen on navigable waters. It is a federal jurisdiction with its own procedural rules, statutes of limitation, and remedies that do not match ordinary civil practice. Well-drafted charter parties, bills of lading, marine insurance claims, and maritime complaints respect these rules and preserve the special protections and priorities that admiralty law provides.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: May 2026