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This document is a crew contract between Disney Cruise Line and the Crew Member, outlining employment terms, including arbitration agreements, compensation, and responsibilities. It specifies the employment period, position, and termination conditions, as well as medical authorization and rules for conduct. The contract emphasizes the importance of arbitration for dispute resolution and limits legal rights regarding litigation.

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0% found this document useful (0 votes)
143 views6 pages

User File

This document is a crew contract between Disney Cruise Line and the Crew Member, outlining employment terms, including arbitration agreements, compensation, and responsibilities. It specifies the employment period, position, and termination conditions, as well as medical authorization and rules for conduct. The contract emphasizes the importance of arbitration for dispute resolution and limits legal rights regarding litigation.

Uploaded by

battobecce
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Destrin Enjelin Patandianan

01872399
Custodial Host/ess
Version # 1.0

CREW CONTRACT

THIS CREW CONTRACT (“Contract”) is made and entered into between Magical Cruise Company, Limited, doing business as “Disney Cruise
Line” (“DCL”), whose mailing address is P.O. Box 10210, Lake Buena Vista, Florida 32830, and the undersigned Crew Member (“Crew Member”)
based upon the representations and information provided by Crew Member in his or her Employment Application (which Employment Application is
incorporated herein by reference) and provided by Crew Member’s manning contractor.

IMPORTANT NOTICE

IMPORTANT - THIS CONTRACT LIMITS CREW MEMBER’S AND COMPANY'S RIGHT TO PURSUE LITIGATION IN COURT AGAINST EACH
OTHER AND AFFECTS IMPORTANT LEGAL RIGHTS. READ IT CAREFULLY. BY ACCEPTING EMPLOYMENT WITH COMPANY, CREW
MEMBER UNDERSTANDS, AGREES TO AND ACCEPTS THE OBLIGATION TO ARBITRATE ANY DISPUTE AS FURTHER SET FORTH IN
ARTICLE 13. THE PARTIES HEREBY KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A JURY
TRIAL AND WAIVE ANY RIGHT TO HAVE A COURT DETERMINE THE ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE.

1. EMPLOYMENT.
(a) Crew Member shall be employed by DCL for a term not to exceed the Maximum Employment Period commencing on the earlier of the date
Crew Member signs on the Vessel at the Port of Embarkation or the Report Date, all as specified and defined in Schedule A which is attached to and
made a part of this Contract. The term “Schedule A” as used in this Contract means the Schedule A originally attached to and made a part of this
Contract, as well as all Schedule A’s that are subsequently incorporated into this Contract by mutual agreement of the Crew Member and DCL.
(b) There will be breaks in this Contract during which Crew Member will not be employed by DCL on board the Vessel (“Off Contract Periods”).
During these Off Contract Periods this Contract shall be suspended and shall be of no effect, and the Crew Member shall not be in the service of, or
subject to the call of, the Vessel. Benefits provided under contracts with third parties described on Schedule B shall remain in effect during the Off
Contract Periods; however, Medical Care and the Accidental and Natural Death Benefit shall not remain in effect during the Off Contract Periods. The
date Crew Member signs off the Vessel at the beginning of an Off Contract Period shall be the effective date of suspension of this Contract, and the
date Crew Member signs back on the Vessel at the end of an Off Contract Period shall be the effective date of reinstatement of this Contract. The
specific start and end dates of the Off Contract Periods will be determined by DCL in its sole discretion; however, in no event shall the Crew Member
be employed by DCL on board the Vessel during any single employment period in excess of two hundred sixty (260) days. DCL has no obligation
whatsoever to employ Crew Member for a period in excess of the Maximum Employment Period specified in Schedule A, and nothing contained in
this Contract shall be construed to require DCL to employ Crew Member for a period in excess of the Maximum Employment Period specified in
Schedule A.

2. POSITION. Crew Member shall be employed in the position specified in Schedule A aboard the Vessel, or such other cruise ship
operated by DCL or one of DCL’s affiliated companies as may be designated by DCL in DCL’s sole discretion (the term “Vessel” as used in this
Contract shall include any such other cruise ship). Crew Member shall personally and diligently perform such services as DCL may reasonably
require, including any duties and services indicated on Schedule A.

3. COMPENSATION.
(a) In full consideration of all rights and services provided by Crew Member, DCL will pay Crew Member the compensation specified in
Schedule A.
(b) DCL shall provide medical treatment to Crew Member during the term of Crew Member’s employment in accordance with DCL’s prevailing
policies and the applicable law. During any period of disability during which Crew Member is unable to perform the services required under this
Contract, Crew Member’s compensation hereunder shall be payable in accordance with DCL’s prevailing policies and applicable law. In the event of
Crew member’s death during the term of Crew Member’s employment, DCL shall only be obligated to pay Crew Member’s estate or legal
representative the compensation provided for herein to the extent earned by Crew Member prior to such event, as well as any benefits payable
pursuant to Schedule B.
(c) A summary of the privileges and benefits for which Crew Member is eligible is set forth in Schedule B attached to and made a part of this
Contract, which privileges and benefits, and Crew Member’s eligibility therefor, may be modified or amended by DCL from time to time in DCL’s sole
discretion.

4. COSTUMES. DCL will provide costumes (“Costumes”) and cleaning of Costumes at DCL’s expense. Crew Member shall wear the
Costumes at all times while on duty aboard the Vessel and shall return the Costumes to DCL in good condition (normal wear and tear excepted) upon
signing off the Vessel. In the event Crew Member does not return the Costumes to DCL upon signing off the Vessel, the Crew Member shall pay to
DCL the replacement value of the Costumes.

5. TRAVEL EXPENSES. DCL will arrange and pay for all travel specified in Schedule A; provided, that the routes and modes of travel, and
all other aspects of such travel, shall be determined by DCL in its sole discretion. Charges for excess baggage levied by transportation providers, or
any other expenses in connection with shipments of Crew Member’s personal belongings shall be paid by Crew Member.

6. TERMINATION.

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(a) Either party may terminate this Contract at will and without cause upon thirty (30) days prior verbal or written notice. DCL may, in lieu of
providing the notice required in this subsection, pay to Crew Member the Cash Compensation payable by DCL to Crew Member during the notice
period.
(b) DCL may terminate this Contract immediately for any good cause, including without limitation neglect of duties, unexcused absence,
incompetence, insubordination, failure to comply with any rules, regulations, policies, guidelines or other standards issued by DCL, endangering the
Vessel or its crew or guests, misconduct while aboard or away from the Vessel, violation of any criminal law, or breach of any provision of this
Contract.
(c) This Contract shall terminate in the event of Crew Member’s death.
(d) Termination of this Contract by either party shall act to terminate any future Crew Contract entered into between the parties as of the date of
termination of this Contract.
(e) If the Crew Member is terminated for serious or willful default of employment obligations, the Company shall not pay for the Crew Member’s
repatriation.

7. VESSEL LOSS/DAMAGE. If the Vessel is sold, laid up, arrested, or suffers a total or constructive total loss, or if the Vessel is otherwise
not operational because of acts of God, war, rebellion, insurrection, terrorism, embargo, blockage, labor dispute or any other circumstances beyond
the control of DCL, DCL shall have the option in its sole discretion either to terminate this Contract immediately upon payment of any compensation
due in accordance with Section 3 above, or to transfer the Crew Member to another vessel operated by DCL or one of DCL’s affiliated companies.
Reasonable travel expenses in these cases shall be paid by DCL; provided, that the routes and modes of travel, and all other aspects of such travel,
shall be determined by DCL in its sole discretion. In the event that Crew Member’s personal effects are damaged or lost in connection with an
accident, fire or other incident affecting the Vessel, DCL shall pay to Crew Member on account of such loss the reasonable replacement value of such
personal effects, up to a maximum of Three Thousand Dollars ($3,000); otherwise, DCL shall have no liability whatsoever with respect to any
damage or loss of Crew Member’s personal effects. Crew Member must submit evidence satisfactory to DCL of the replacement value of such
personal articles.

8. MEDICAL AUTHORIZATION/EXAMINATIONS.
(a) Crew Member hereby irrevocably authorizes all past, present and future health care providers to provide DCL any and all medical, mental
and dental health information concerning Crew Member of any nature whatsoever and Crew Member agrees to sign any medical records disclosure
authorization form requested by DCL or any health care provider relating to Crew Member’s medical, mental and dental records.
(b) Crew Member’s employment hereunder is subject to and contingent upon: (i) Crew Member taking and passing a medical examination prior
to Crew Member’s commencement of employment and periodically thereafter as may be requested from time to time by DCL; (ii) Crew Member’s
medical history as contained in the health records which are subject to the attached Medical Release Authorization being acceptable to DCL in DCL’s
sole discretion; and (iii) Crew Member meeting all Company vaccine requirements. Medical examinations may include (but not necessarily be limited
to) x-rays, blood tests, urine analysis, tests for sexually transmitted diseases, drug and alcohol tests and hernia examinations. DCL shall arrange
and pay the reasonable cost of such medical examinations. By executing this Contract, Crew Member authorizes the release of the results of any
such medical examinations by the physician or other professional to DCL.

9. RULES, REGULATIONS, ETC. Crew Member shall at all times comply with and be subject to the following rules, regulations, policies,
guidelines and other standards as they may exist from time to time: (a) Ship’s Articles; (b) all rules, regulations, policies, guidelines and other
standards set forth in the DCL Employee Policy Manual and, (c) all other oral and written rules, regulations, policies, guidelines and other standards
of DCL and of the Vessel.

10. USE OF CREW MEMBER’S NAME/LIKENESS/VOICE. Crew Member hereby grants to DCL, and any other person or entity that DCL may
authorize, the right to photograph, film and/or record Crew Member and furthermore, Crew Member hereby grants to DCL and DCL's parent, related
and affiliated companies and their respective successors, affiliates, licensees and assigns, forever and throughout the world, the right to use such
photographs, film, images, tapings and/or recordings of Crew Member’s likeness, voice and sound, as the case may be, in all media and in all forms,
including without limitation, advertising, promotional materials, publicity, digitized images, broadcasts, videos, films, commercials, and merchandise
without further compensation or any limitation whatsoever, and all rights, title, interest in copyrights therein shall be DCL's sole property, free from all
claims by Crew Member or any person deriving any rights or interests from Crew Member.

11. CREW MEMBER SUGGESTIONS. Any proposals or suggestions Crew Member may make concerning guest satisfaction, working
environment or otherwise relating to DCL (or any of its affiliated companies) shall be the sole property of DCL and Crew Member hereby assigns all
rights, including copyright that Crew Member might have or may acquire therein to DCL. Crew Member understands and agrees that any such
proposal or suggestion may not be used at all or may be used in any manner and for any purpose by DCL and/or its affiliated companies without any
payment or other compensation being provided to Crew Member in connection with such proposals or suggestions. The terms of this section shall
not affect Crew Member’s obligations under the Confidentiality Agreement between Crew Member and The Walt Disney Company and Associated
Companies.

12. NOTICES. Except as otherwise provided in this Contract, any notices which either party is required or may desire to give the other shall
be in writing and given by delivering such notice as follows: To DCL: Personal delivery to the Vessel's Master or one of the Vessel’s Steering
Committee Members; or, via a globally-recognized overnight courier addressed to Disney Cruise Line, 210 Celebration Place, Celebration, Florida
34747, Attention: Human Resources. To Crew Member: By personal delivery to Crew Member aboard the Vessel; or, to the Crew Member's last
known mailing address contained in DCL’s records; or, to the attention of the Crew Member care of the manning contractor who submitted Crew
Member for work with DCL. The date of mailing or the date of personal delivery of any such notice shall be deemed to be the date on which such
notice is given.

13. ARBITRATION/DISPUTE/CHOICE OF LAW.


(a) All disputes of any kind or nature whatsoever, and every conceivable claim, demand, dispute, action, suit, petition or controversy of any
kind or nature without any limitation whatsoever that Crew Member may bring or assert against the Company, Master, Employer, Ship Owner,

© Disney 01872399 / Printed: 2024-07-16 09:11:41 Page 2 of 6


Vessel, Vessel operator, or DCL’s subsidiaries , relate entities, DCL’s employees, agents, independent contractors or concessionaires, including but
not limited to the owners and operators, agents or independent contractors located on Castaway Cay or that may be brought against Crew Member,
regardless of where, when or how the incident or matters giving rise to such dispute occurs, and no matter how described, plead or styled, shall be
referred to and resolved exclusively by binding arbitration in Nassau, Bahamas, to the exclusion of any other fora, pursuant to the United Nations
Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. ("the Convention")
except as otherwise provided in any government mandated contract, such as those contracts with Filipino Crew Members who are required to
arbitrate in Manila, Philippines pursuant to the Philippines Overseas Employment Administration (POEA).
(b) The procedural and substantive law to be applied to the arbitration shall be the law of The Bahamas to the exclusion of any other law, and
without regard to principles of conflicts of law. The language of any arbitral proceedings shall be English. Any damages awarded shall follow,
comport with, and be in accordance with the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases,
Fourteenth Edition. Crew Member agrees that no uplift shall be applied to any damages. Crew Member and DCL agree that there shall be no
award or entitlement to attorneys’ fees and costs, or punitive damages allowed in the arbitration proceeding referred to in 13(a).
(c) The terms and conditions of the applicable CBA are incorporated into this Contract. If the terms and conditions of this Contract conflict
with the terms and conditions of the applicable CBA, the terms and conditions of this Contract will supersede and govern.
(d) Any and all arbitrations must be commenced within one (1) year from the date of the occurrence giving rise to the grievance or dispute, or
the date the Crew Member knew or should have known of the occurrence giving rise to the grievance or dispute, except for claims for personal injury
or death, which may be commenced within three (3) years. Any claims that are brought thereafter will in no way be recognized and will be time
barred. With the exception of the final hearing and delivery of any final award, the arbitration proceeding will conclude within three (3) years, after
which time the arbitration action will be dismissed with prejudice by the arbitrator.
(e) Crew Member and DCL agree to appointment of a sole arbitrator who (1) must be a licensed attorney of The Bahamas in good standing,
with at least ten (10) years’ experience in the practice of law in The Bar of The Bahamas; and (2) the individual cannot have represented the
Company or anyone making any claim against the Company in the preceding seven (7) years. If the Parties are unable to agree upon the
arbitrator, the arbitrator meeting sections (1) and (2) of this subpart will be appointed by the International Centre for Dispute Resolution ("ICDR") in
accordance with its rules, discussed more fully below. In any case, an arbitrator shall be appointed within ninety (90) days of initiating arbitration and
that arbitrator must be appointed in accordance with the terms and conditions above.
(f) Each party shall bear its own attorney’s fees and costs incurred in connection with arbitration, except that the Company shall pay for the
costs of the administration of the arbitration itself, including charges by the arbitrator.
(g) Arbitration shall be administered by the ICDR under its International Dispute Resolution Procedures (the "ICDR Rules"); however, to the
extent of any conflict with the provisions of the ICDR Rules and this contract, this Contract shall govern.
(h) The initiating party shall file a written demand for arbitration ("Demand") with the ICDR and on the same date, forward a copy of the
Demand to the other party or that party’s registered agent, identifying each party to the dispute, the initiating party’s representative, if any, and shall
include a detailed description of the nature of the claim, the estimated amount in controversy and the relief and/or damages sought.
(i) The ICDR Rules shall govern discovery and procedure not specifically addressed in this Agreement. The parties shall have the right in
arbitration to conduct depositions under oath of parties and witnesses, however depositions shall be limited to a maximum of three (3) fact
depositions per party lasting not longer than five (5) hours’ duration each. This limitation on the number of depositions does not apply to experts. The
parties may make reasonable requests for documents, not to exceed twenty-five (25) in number, which are strictly relevant to the issues in dispute
and necessary for the proper resolution of those issues, subject to the principle of proportionality. Any documents relating to internal policies,
procedures or memoranda for which the Company claims privilege as either proprietary, trade secret, or confidential (”Confidential Documents”) shall
be produced only upon entry of a Confidentiality Agreement acceptable to Company, and no party shall disclose or otherwise make public such
Confidential Documents. If either party is asserting any claim for personal injury, then the party against whom such claim is made shall have the right
to have the claimant examined by doctors of that party's choosing in specialties relevant to any such claims, and the report of such physicians shall
be admissible at arbitration. To maintain the impartiality of the examination, neither party’s attorney, agent, nor representative shall be present during
any examination, nor will such examination be recorded by video or any other means. Each party will be limited to five (5) expert witnesses.
Claimant shall provide their Experts’ reports first to the Respondent. Respondent will then within forty-five days of receipt provide their Experts’
reports in response. The parties will exchange documentation to be relied upon at the final arbitration hearing in accordance with the IDCR Rules.
(j) Crew Member and DCL knowingly, willingly, and voluntarily waive any right they may have to a jury trial, and waive any right to have a court
determine the enforceability of this Crew Contract or the agreement to arbitrate.
(k) All arbitrations must be brought by or on behalf of Crew Members in their own names, and not on behalf of others or an unnamed basis.
The Crew Member waives any right to assert any claims against the Company, Master, Employer, Ship Owner, Vessel, Vessel Operator or DCL’s
subsidiaries, related entities, DCL employees, agents, independent contractors or concessionaires, including but not limited to the owners and
operators, agents or independent contractors located on Castaway Cay, as a representative or member in any class or representative action, except
where such waiver is prohibited by law.

14. GENERAL PROVISIONS.


(a) This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter of this Contract and supersedes
any and all previous agreements between Crew Member and DCL (or between Crew Member and one of DCL’s related or affiliated entities), whether
written or oral, with respect to such subject matter. No amendment, modification or waiver of any provision of this Contract shall be binding against
DCL unless set forth in a writing signed by an authorized officer of DCL and delivered to Crew Member. No waiver by either party of any breach by
the other party of any provision or condition of this Contract shall be deemed a waiver of any similar or dissimilar provision or condition at the same or
any prior or subsequent time. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument. The terms herein are severable. If any provision or portion of this Contract is
determined to be void or otherwise unenforceable, then the remainder of the terms herein shall stand in full force and effect.
(b) This Contract shall be governed by and construed in accordance with the laws of The Bahamas without regard to the principles of conflicts
of law thereof.
(c) Nothing contained in this Contract shall be construed to require any act or omission contrary to applicable law and wherever there is any
conflict between any provision of this Contract and any applicable statute, law, ordinance or regulation, the latter shall prevail, but in such event the
provisions of this Contract affected shall be curtailed and limited only to the extent necessary to bring it within legal requirements.
(d) This Contract does not constitute a commitment of DCL with regard to Crew Member's employment, express or implied, other than to the
extent expressly provided for in this Contract. Upon the expiration or termination of this Contract, Crew Member's employment with DCL shall
cease, and neither DCL nor Crew Member shall have any obligation to the other with respect to continued employment.

© Disney 01872399 / Printed: 2024-07-16 09:11:41 Page 3 of 6


IMPORTANT NOTICE

BY SIGNING THIS CONTRACT, CREW MEMBER CONFIRMS THAT CREW MEMBER HAS READ, UNDERSTANDS AND ACCEPTS THE
TERMS AND CONDITIONS OF EMPLOYMENT SET FORTH IN THIS CONTRACT. CREW MEMBER FURTHER CONFIRMS THAT CREW
MEMBER UNDERSTANDS THAT THE TERMS AND CONDITIONS OF THIS CONTRACT AFFECT CREW MEMBER’S LEGAL RIGHTS AND
THAT CREW MEMBER MAY CONSULT WITH LEGAL COUNSEL OR OTHER ADVISORS OF CREW MEMBER’S CHOICE BEFORE SIGNING
THIS CONTRACT. BASED ON THESE UNDERSTANDINGS, DCL AND CREW MEMBER MUTUALLY AGREE AND HEREBY ENTER INTO
THIS CONTRACT AS OF THE DATE OF CREW MEMBER’S SIGNATURE OF THIS CONTRACT.

CREW MEMBER:

Signature: ________________________________________

Name Printed: _____________________________________

Date of Signature: __________________________________

Place of Signature: _________________________________

Crew Member's Birthdate: ____________________________

Crew Member's Birthplace: ___________________________

MAGICAL CRUISE COMPANY, LIMITED


doing business as DISNEY CRUISE LINE

By:

Title:

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Schedule "A" To Crew Contract

Name: Destrin Enjelin Patandianan


Maximum Employment Period: 64 day(s); in no event to extend beyond December 15, 2024
Vessel: Disney Treasure, or other vessel to which DCL transfers Crew Members.
Total Number of Crew: 990 - 1486
Port of Embarkation: Eemshaven, Netherlands
Report Date/Effective Date: October 13, 2024

Position: Custodial Host/ess

COMPENSATION WEEKLY AMOUNT

Guaranteed Weekly Basic Wage: Based on a 44 hour work week and payable every 112.25 USD
other week.

Guaranteed Weekly Overtime: Based on 26 hours overtime per week, including overtime 82.91 USD
hours worked on Saturday, Sunday, and Holidays and payable every other week.

Leave Compensation: Based on 4.5 days base wage per month and payable every other 16.84 USD
week.

TOTAL GUARANTEED WEEKLY WAGE 212.00 USD

Additional Overtime Work: If Crew Member has requested to be assigned up to an additional 21 hours of overtime
work per week, Crew Member agrees to work at the hourly rate of $4.00 if additional overtime work becomes available.
Crew Member recognizes that DCL may not be able to fulfill any or all of Crew Member's requests for additional overtime.

Crew Member requests to be assigned additional overtime hours not to exceed a total work week of 91 hours.
Additional overtime hours will be paid at the hourly rate specified above.
Initial

Travel to be Arranged and Paid by DCL: Travel between Vessel and home country at start and end of contract. If the
Crew Member is terminated for serious or willful default of employment obligations, the Company shall not pay for the
Crew Member’s repatriation.

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Schedule "B" to Crew Contract - Summary of Benefits and Privileges

This is an overview of benefit programs for which Crew Member is eligible in accordance with applicable law, DCL policies
and the terms of the currently valid Collective Bargaining Agreement between DCL and Federazione Italiana Trasporti –
CISL – ITF International Department ("CBA"). See the plan document for each program for specific information relating to
coverage and benefits. In the event of a conflict between the information provided below and the specific terms of any
such benefit program, the terms of the specific benefit program shall control. In the event of a conflict between the
information provided below and the specific terms of the CBA, the terms of the CBA shall control. DCL may modify or
discontinue any of these benefits at any time without notice to the Crew Member.

Basic Benefits

Medical Care and Sick Pay


• Crew Member will receive payments for subsistence/room and board if shoreside medical care is necessary, in
accordance with applicable law, DCL policies, the terms of this Contract and the CBA.
• Crew Member will receive shipboard medical care, and if appropriate, shoreside medical care, in accordance with
applicable law, DCL policies, the terms of this Contract and the CBA.
• Crew Member will receive sick pay in accordance with applicable law, DCL policies, terms of this Contract and the
CBA.

Accidental and Natural Death Benefit


• Paid out in accordance with the CBA.

Privileges
Please refer to Crew Privileges Handbook.

Travel
• Coach.

Berthing
• Shared cabin.

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