Question regarding a language in A contract
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Joined: Jan 2008
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From: US
Question regarding a language in A contract
Hi all.
I was presented with a contract and would appreciate your interpretation to the terms below ( it really does not matter who the agency is)
Is this a standard/common language in pilot’s contracts?
1. Should the Airline, through operation of law in any jurisdiction, become liable to the Flight Crew Member for any amount relating or concerning or arising out of the Flight Crew Member’s performance of services to the Airline, the Flight Crew Member hereby agrees to indemnify XXXX ( the agency) and to continue to hold XXX indemnified for any and all such amounts paid or required to be paid by the Airline.
2. Should the Flight Crew Member, through operation of law in any jurisdiction, become liable to a third party for any loss or damage or sum of money relating to concerning or arising out of, or occurring in the course of the Flight Crew Member’s performance of duty for the Airline, the Flight Crew Member hereby agrees to indemnify XXXX and to continue to hold XXXX indemnified for any and all such loss or damage or moneys.
Thanks.
I was presented with a contract and would appreciate your interpretation to the terms below ( it really does not matter who the agency is)
Is this a standard/common language in pilot’s contracts?
1. Should the Airline, through operation of law in any jurisdiction, become liable to the Flight Crew Member for any amount relating or concerning or arising out of the Flight Crew Member’s performance of services to the Airline, the Flight Crew Member hereby agrees to indemnify XXXX ( the agency) and to continue to hold XXX indemnified for any and all such amounts paid or required to be paid by the Airline.
2. Should the Flight Crew Member, through operation of law in any jurisdiction, become liable to a third party for any loss or damage or sum of money relating to concerning or arising out of, or occurring in the course of the Flight Crew Member’s performance of duty for the Airline, the Flight Crew Member hereby agrees to indemnify XXXX and to continue to hold XXXX indemnified for any and all such loss or damage or moneys.
Thanks.
Joined: Aug 2007
Posts: 1
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From: UK
Arnon, be brave & tell them (if you are not a Lawyer) that you do not understand items 1&2 & would they explain. I am not a Lawyer but I would hesitate, like you, before signing. Looks like a cop-out. They are basically washing their hands of owing you any money. I can see that items 1&2 could be applied to ANY scenario. Put yourself in any scenario where you think you might want money from them (EVERYTHING arises out of YOUR perfomance & DUTY) & you will see that items 1&2 (or 1 OR 2) could readily be applied.
Joined: Dec 2009
Posts: 94
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From: VHHH
indemnify:-
To guarantee against any loss which another might suffer.
This looks very much like something one of the bottom feeder agencies would produce. Is it by chance Airborne Personnel aka numerous other names, trading near the side of the road on the way to Crawley town centre ?
To answer your specific points:
1. The airline you are contracted to does not pay you OR does not pay the agency, therefore, the agency does not pay you. You agree not hold the agency liable (indemnify) to pay your wages. ALSO, if you are injured on the job, you agree not hold the agency liable (indemnify) for lost wages and/or compensation for your injury - Any LOSS to YOU caused by the airline.
2. You taxi out and your jet blast blows over an empty container damaging persons and/or property. A bill is sent to the airline or you directly. The airline deducts the bill for damages from your salary (payment to agency) OR, you may pay or have legal fees to defend the bill for damages. You agree not to hold the agency liable (indemnify) to pay your wages, damages or legal fees - Any LOSS to OTHERS caused by you while working for the airline.
Unless you really need the job, tell the agency to go forth and procreate!
To guarantee against any loss which another might suffer.
This looks very much like something one of the bottom feeder agencies would produce. Is it by chance Airborne Personnel aka numerous other names, trading near the side of the road on the way to Crawley town centre ?
To answer your specific points:
1. The airline you are contracted to does not pay you OR does not pay the agency, therefore, the agency does not pay you. You agree not hold the agency liable (indemnify) to pay your wages. ALSO, if you are injured on the job, you agree not hold the agency liable (indemnify) for lost wages and/or compensation for your injury - Any LOSS to YOU caused by the airline.
2. You taxi out and your jet blast blows over an empty container damaging persons and/or property. A bill is sent to the airline or you directly. The airline deducts the bill for damages from your salary (payment to agency) OR, you may pay or have legal fees to defend the bill for damages. You agree not to hold the agency liable (indemnify) to pay your wages, damages or legal fees - Any LOSS to OTHERS caused by you while working for the airline.
Unless you really need the job, tell the agency to go forth and procreate!
Last edited by Tommy Tilt; 27th October 2011 at 08:52.
