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Just had a coversation about this with my own attorney. He is generally in agreement with me on the strength of the waiver being limited to loss or damage of the vessel. The captain has sole responsibility for the safe voyage so the license would definitely be in danger regardless of any waiver.
Something that might help in discussions with an owner contemplating something like this is to couple a demand for an "indemnity" from the owner with a waiver. The captain could insist on an agreement from the owner to indemnify the captain from claims by the owner or the underwriter for the vessel, including attorneys fees, and to indemnify the captain from the costs and losses arising from any license proceeding related to the yacht move, including lost earnings.
There is also the issue of pollution liability to keep in mind when drafting any waiver and indemnity, and talking with an owner. The case of the operator of a charter fishing vessel on the Oregon coast recently which resulted in criminal liability for the captain due to the resulting pollution.
Not intending to harp on anything/one but the question interested me so I followed up on it.
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