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The Private, Exclusive Guide for Serious Divers Since 1975
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March 2018    Download the Entire Issue (PDF) Vol. 33, No. 3   RSS Feed for Undercurrent Issues
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Liability Waivers and the Dive Professional

top lawyers give an insight into the legalities

from the March, 2018 issue of Undercurrent   Subscribe Now

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Many divers believe that signing a liability waiver is giving the dive operator carte-blanche to escape punishment if they are stupid or negligent in a way that leads to an injury or worse. I don't like to sign a waiver and give away my rights, so I attended a seminar at the Dive Equipment and Marketing Show last November, in which Rick Lesser and Jorge Lopez, eminent diving lawyers, spoke to diving professionals about the effectiveness of liability waivers. They provided interesting insights into the efficacy of such waivers from a business point of view.

Lesser said it was important that waivers did not violate public policy (the law), and that they were not "adhesive," i.e., diving is not an essential activity, and participation is not a legally binding contract between the two parties. Each waiver should be a separate document for each diver, and they should get time to review it before signing....

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