liability waiver

[manni-yunk]

Something Ive been thinking about for a few years. Doesn anyone, NON CHARTER, on here use a liability waiver for people diving on their boat?


Ive been thinking about it, but havent done the work to get one. Does anyone have a generic one that they would be willing to share?

 

[Wookie]

Something Ive been thinking about for a few years. Doesn anyone, NON CHARTER, on here use a liability waiver for people diving on their boat?


Ive been thinking about it, but havent done the work to get one. Does anyone have a generic one that they would be willing to share?

I think anyone diving from anyone's boat should have one. I also think that any boat owner taking folks out to dive should, too.

Download mine, or PADI's, or anyone's. Change it to suit you. RUN IT BY A LAWYER. Some states specify font size, capital letters, and bold, and initials for every paragraph to be effective. You will need a separation clause and a venue clause in it also. Your local lawyer will be able to help you make it legal for the area you are preparing to be sued in, and don't get me wrong, I know you're taking friends out diving who would never sue you, but their non-diving wives/children will. Preparing to be sued is exactly what you are doing. Anyone who won't sign your waiver isn't someone you want to take with you. Just don't make your waiver so onerous that you scare folks away. Asking someone to release you from gross negligence is a little over the top, and won't be upheld in most courts.

 

[BoltSnap]

You will need a separation clause and a venue clause in it also.

Captain,

What do you mean? Are these clauses included in your waivers on your website?

 

[Wookie]

Captain,

What do you mean? Are these clauses included in your waivers on your website?

I AM NOT A LAWYER. Now, with that said, a separation clause says that if one paragraph of the release isn't valid, it doesn't invalidate the whole release. A venue clause says that you promise to sue the waived party in the court of their choice.

These become important in pre-trial hearings. In one case I know of, the boat was in the Bahamas. The party sued in New Jersey. The venue was required to be in the Bahamas (to make it a pain in the butt for the plaintiff). The judge in New Jersey asked the defendants attorney why the lawsuit should be filed in the Bahamas. The defendants attorney stated that the ship was Bahamian flagged, and the supposed negligence occurred in Bahamas waters, therefore, the case should be heard in the Bahamas. The judge then asked if the defendant thought they could get a fair hearing in his court, which is one of those "does this dress make me look fat?" questions to which there is no right answer. The defendant attorney answered that, of course, he felt that he could get a fair trial in New Jersey (maybe New Jersey doesn't allow venue clauses?). The judge then threw out the entire release, because if the venue clause wasn't upheld, the whole release was questionable. The boat lost to the limits of their liability....

On the second page of my release, first paragraph, the waived party agrees to sue in Key West. On the second page second paragraph, the waived party agrees that if any part of the release is stricken, that doesn't invalidate the whole thing.

I wish Divemaster Dennis would chime in, we've just about reached the limit of my knowledge.....

 

[lloyd_borrett]

Our independent, non-profit dive club has waivers in place for people joining the club. Plus we also have stuff in place for use by the boat owners when they take any diver out on their boat which we've just updated.

See Victorian Sub-Aqua Group (VSAG) - Downloads - Category: VSAG for the various documents.

The Boat Participation Agreement and Consumer Waiver and Boat Diving Consent Form documents are the ones to do with protecting private boat owners from divers.

The VSAG Request to Dive Form and VSAG Membership Form documents have waivers to protect the dive club.

You might find some of the other boat owner documents available there useful as well.

Best regards, Lloyd Borrett.

 

[muzikbiz22]

I think anyone diving from anyone's boat should have one. I also think that any boat owner taking folks out to dive should, too.

Download mine, or PADI's, or anyone's. Change it to suit you. RUN IT BY A LAWYER. Some states specify font size, capital letters, and bold, and initials for every paragraph to be effective. You will need a separation clause and a venue clause in it also. Your local lawyer will be able to help you make it legal for the area you are preparing to be sued in, and don't get me wrong, I know you're taking friends out diving who would never sue you, but their non-diving wives/children will. Preparing to be sued is exactly what you are doing. Anyone who won't sign your waiver isn't someone you want to take with you. Just don't make your waiver so onerous that you scare folks away. Asking someone to release you from gross negligence is a little over the top, and won't be upheld in most courts.

Wookie, these are fantastic "words of wisdom". I'm a boat owner (private), and everyone including my mom gets "waivered"

 

[Nemrod]

I apply to my boat the same "waiver" I use when asked to work on an aircraft (usually for free) or rent space in my hanger--I ask them if they are a lawyer, if they have ever called a lawyer, if they know any lawyers and then I ask them if they can spell lawyer and then finally I ask them if they know what a lawyer is. A positive response to any results in a NO answer from me.

N