Christi,
You've just explained why someone willing to take a DM on the boat at no charge, and even pay for air IS compensation.
There is certainly nothing wrong with recreational boat owners using the boat for diving. There are things that should be considered. IMO having O2 on the Boat is one example. But IMO one does NOT need to be a trained, and licensed Captain to go boat diving.
As for liability, when does the DM become Liable for someone diving with them? I would think that without a contract, and payment, there would be no liability. If payment was made, and an agreement signed then there is liability.
Ironically every contract I've ever signed using a DiveOP is FULL of releases that basically say that diving is dangerous, and they are NOT responsible if I am injured or die. In fact, I sign a similar waiver every time I take training with the LDS, or even just use their pool
So with that said, when exactly IS a DM or Instructor liable??
Based on all the stuff I've had to sign it would seem... never... :11: