Dive shop waivers

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AnthonyLM

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Hi,

after an 18 month delay I am now set to get my open water certification in a couple of months. I will be doing my open water dives as a referral in Maui. I read the waiver for the dive shop i was planning to go with and one line caught my attention. It basically says I release them of all liability for any injury or death even in the event of negligence on their part.

That just seems very odd to me that they hold no accountability even if they are willfully negligent? I am new to the diving world so am wondering is this pretty standard/normal?

Thanks!
 
IANAL, but my understanding is that those clauses are fairly typical. It's also my understanding that they also aren't very enforceable. Businesses just count on people thinking they can't sue because they (or their family member) signed the waiver.
 
Waivers do suck. But like someone suggested, negligence and gross negligence are often two different things, and it would take a real scumbag to try to waive the latter.

If they intentionally kill you, the state can still charge them with murder.
 
Hi,

after an 18 month delay I am now set to get my open water certification in a couple of months. I will be doing my open water dives as a referral in Maui. I read the waiver for the dive shop i was planning to go with and one line caught my attention. It basically says I release them of all liability for any injury or death even in the event of negligence on their part.

That just seems very odd to me that they hold no accountability even if they are willfully negligent? I am new to the diving world so am wondering is this pretty standard/normal?

Thanks!
It basically asks you to comply with their directions (instructor). They don't want to be training someone who doesn't understand what they're in for. No need to be concerned. It's not like your signing your life away. During the 18 month delay, have you been studying any scuba techniques?
 
A waiver does not simply ask you to comply with people’s directions. It has nothing to do with that. A waiver exists to protect people who screw up and hurt you, from being sued for it. It’s not an “agreement to learn,” it’s a “waiver of liability.” There would be no need for a waiver if people were willing to take responsibility for what they do to you. That said, it probably also protects businesses from overly litigious people who only think they’re victims.
 
Those aren't even worth the paper they are printed on.
I wish people would quit repeating this. It's not remotely true. While the exact details vary from state to state, a waiver is an enforceable contract in all 50 US states.
You cannot sign away your right to sue. I did I much more detailed write up on this a while back.
You can't sign away your right to sue, but waivers can certainly prevent you from winning the suit. Waivers do have limitations, for example they cannot normally excuse gross negligence or willful misconduct. But when it comes to voluntary recreational activities, waivers of a participant's right to collect damages for injuries due to ordinary negligence are enforceable.

That's why the waivers exist. Insurance companies know they work and thus insist on them as a requirement for writing liability policies.

These articles provide a decent overview:
- The ABCs of Liability Waivers -- Risk Management
- LIABILITY WAIVERS & RELEASES OVERVIEW, CAN YOU SAY "EXCULPATORY AGREEMENT"?
 
OP, you're in California, right? And that's also where the shop with the waiver is located? If so, those waivers are enforceable here. They don't cover gross negligence, as others have pointed out, but they do cover ordinary negligence. Hawaii might be different, but if you're like me, you'll discover there's some great diving to be had locally.

If you don't feel comfortable signing these waivers, you might want to consider a different hobby. You will probably have to sign a waiver like this every time you rent gear, every time you get on a dive boat, every time you enter any kind of relationship with someone that might allow you to sue them if you get hurt.

Personally, I'm comfortable with this. Waivers are SOP these days, not evidence someone's trying to get away with not being safe. But be advised, if you get hurt or killed in this sport, there may be any number of obstacles that prevent you or your next of kin from recovering money damages. If you have dependents, get life insurance. Dive insurance is a good idea too; I have the maximum coverage offered through Divers Alert Network (DAN.)
 
https://www.shearwater.com/products/teric/

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