The pilot is the servant of the vessel and its owner and/or operator and is not to be held personally liable. It is specifically agreed that the pilot is the servant of the vessel and its owner and is an advisor to the master and is at all times subject to the control of the master. The services of the pilot while participating in directing the navigation of a vessel from on board such vessel or from elsewhere are accepted on the understanding that neither the owners nor the operators of a vessel making use of or having available her own propelling power will assert any personal liability to respond in damages, including any rights over, against the pilot for any damages sustained or caused by the vessel, even though resulting from the pilots negligence, in respect to the giving of orders to any of the tugs furnished to or engaged in the assisting services and/or in respect to the handling of such vessel. Furthermore, in the event of any claim against the pilot by any third party, the owner and/or operator agrees to defend, save and hold the pilot harmless from any and all claims, except for the actions which are found to be occasioned by the pilot’s willful misconduct or gross negligence. TERMS AGREED TO AND CERTIFIED CORRECT. BTT Exculpatory Clause: When the Captain or other officer of any tug provided for, or engaged in, the service of furnishing tug power, or assistance to, a vessel which makes use of or has available her own propelling power goes on board said vessel, or any other licensed pilot goes on board said vessel, it is understood and agreed that said tug boat captain or other officer or licensed pilot becomes the servant of the owners of said vessel in respect to the giving of orders to any of the tugs provided for, or engaged in, said service and in respect to the handling of such vessel, and neither those providing the tug or tugs nor the tug or tugs, their owners, agents or charterers shall be under any liability for damages resulting therefrom, and, further, that said tug or tugs and/or their owners, agents and/or Approve charterers shall be under no liability for executing the orders of said tug captain or other officer of licensed pilots.
