Background

Citizens of the Sea is a New Zealand based charitable trust that aims to gather biological and other data from and about our oceans (the Programme).  It is governed by the Citizens of the Sea Trust Board (Citizens of the Sea or We).

This framework provides guidelines on expectations and rights of both sailors participating in the Programme and Citizens of the Sea.

Nature of our relationship

Sailors are participating in the Programme by taking samples and observations that will be used in deepening our understanding of ocean health and biodiversity.  This may include with the “torpeDNA” or “yellow submarine” sampling devices (the Equipment).

Sailors’ participation in the Programme is as a volunteer and Citizens of the Sea will not pay them anything for participation.

This engagement does not create any relationship of employment, partnership, or agency between Sailors and Citizens of the Sea. 

Provision and use of the equipment

We will provide you with the Equipment and the required accessories to complete sampling and data collection.   

We will provide you with training and/or training materials on how to use the Equipment. In particular, we have developed protocols for use of the Equipment that set out “best practice” for how to use the Equipment. We will also provide you with training and documentation on our Health and Safety protocol (the Protocols).

You agree to use your reasonable efforts to use the Equipment to take samples in accordance with the training and Protocols. 

Health and safety must always be the primary consideration – please use your judgement when undertaking sampling, and do not collect samples unless you are completely comfortable doing so and can collect samples in accordance with the Protocols.  You have no obligation to collect samples with the Equipment, and there will be no penalties if you don’t take samples.

We ask that you take all reasonable care in using the Equipment, but we understand that sampling and data collection is undertaken in a high-risk environment and you must put health and safety first.  You are not liable if the Equipment is damaged or lost.  However, you also agree that we are not liable for any damage to your vessel or equipment because of your use of the Equipment. We are also not liable for any personal injury arising from your use of the Equipment.

The Equipment belong to us, and we ask that you return it at the conclusion of your participation in the Programme if feasible.  We will cover the cost of their return – please contact us to discuss.

Intellectual Property

The intellectual property in the Equipment and the Protocols belongs to us and you have no rights to transfer this intellectual property to any other party.

Privacy

We will hold your personal information in accordance with the requirements of the New Zealand Privacy Act 2020.  We will give effect to Te Tiriti principles when we hold your personal information and acknowledge your full ownership of your own data. Your personal information will be used for the administration of the Programme, including disclosure to third parties if required for that administration.

By signing this Agreement, you agree that we can use the name of your boat, photos of you and your boat in information about the Programme, including on our website and in other media.  However, you can revoke your agreement to the use of this information for these purposes – please contact us if you would prefer that your information is not used in this way.

We encourage you to share your experience and talk about your engagement with Citizens of the Sea and the Programme. 

Contact details

At the start of this agreement, the contact details for us and you are as set out below, but if either of us needs to change these we can give notice to the other party at the relevant email address noted below:

Adele Fitzpatrick, Citizens of the Sea
adele@citizensofthesea.org / +64 21588585

Agreement