“Duty of Care” when taking others on personal vessel, to dive

[Belzelbub]

Sounds to me like the email my buddy sends to all the divers he knows when he gets up a char... I mean goes out on his boat,
"...We'll spit the gas between the divers, please come prepared to pay your share of the gas cost." would fall into the "requested up front" category, no?

Maybe I should suggest he leave that part out of his emails. I'd think they could be "evidence" in a court of law if one of the divers reneged on his "gentleman's agreement" not to sue.

I think it could be interpreted that way. It definitely does sound like if a diver doesn't agree to pay their share of the fuel, then they might not be going out on the boat.

For what it's worth, I think it's completely reasonable for divers to share in the fuel costs. But, I don't make the rules, so just have to go by what they are, and it seems to revolve around a passenger for hire. If even one passenger is considered to be a passenger for hire, then it's assumed the boat is a charter, and the required licensing is expected.

Now, I will also say that the person taking a few friends and asking for help with costs is not who the authorities are after regarding illegal charters. It's mostly the party boats with a large crowd where the guests just met the operator that day.

If stopped for some reason, and questioned regarding charter status, it's possible that an officer may be inclined to let off with a warning once determined that it's all friends that have known each other for some time. However, if it were to come out in other ways, the email worded as such could be problematic.

 

[rjack321]

Maybe I should suggest he leave that part out of his emails. I'd think they could be "evidence" in a court of law if one of the divers reneged on his "gentleman's agreement" not to sue.

Nobody gives a damn about the diver suing. It's the family you need to watch out for and they aren't party to the waive nor any sidebar agreements.

 

[Dapper Dan]

Nobody gives a damn about the diver suing. It's the family you need to watch out for and they aren't party to the waive nor any sidebar agreements.

Ah that makes sense. I suppose I can sign away my rights to sue, but I can't sign away my widows rights to sue?
That makes sense. I do know most waivers have that part about "...and your assigns, heirs, relatives, including any third parties claiming on you behalf..."
I guess her attorney would argue in court she's been damaged and she didn't sign any waiver.
Never thought of it like that.

Thanks