jkomorowski
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Recently, while diving in Fiji, I was presented with a liability release form containing the following two paragraphs.
-- I understand and agree that neither my instructor(s), dive guides, or <dive shop name>, nor any of their respective employees, officers, agents, or assigns, (hereinafter referred to as "Released Parties") may be held liable or responsible in any way for any injury, death, or other damages to me or my family, heirs,or assigns that may occur as a result of my participation in this activity or as a result of the negligence of any party, including the Released Parties, whether passive or active.
-- I will inspect all equipment I am using prior to the activity and will notify the Released Parties if any of the equipment is not working properly. I will not hold the Released Parties responsible for my failure to inspect the equipment prior to diving.
I was told that the form was provided by PADI.
The fact that a diving shop asks me to sign such liability release form means to me that they don't want to be responsible for anything.
In that case what I am paying for to the diving shop ?
1. For availability of an unreliable equipment ?
When I rent a car, the renting company doesn't asks me to release it from responsibility for the technical state of the car.
2. For a hazardous transport to a diving site ?
When I travel by boat between Fiji islands, the shipping company doesn't ask me to release it from responsibility for damages which I may suffer because of a capitain's error.
3. For keeping me company during a dive by a person providing no professional assistance ?
When I hire a mountain guide he assumes responsability to guide me safely to the next night shelter because he is supposed to know the region.
Is such "guaranteed irresponsability" a rule in the PADI world ?
Jacek
-- I understand and agree that neither my instructor(s), dive guides, or <dive shop name>, nor any of their respective employees, officers, agents, or assigns, (hereinafter referred to as "Released Parties") may be held liable or responsible in any way for any injury, death, or other damages to me or my family, heirs,or assigns that may occur as a result of my participation in this activity or as a result of the negligence of any party, including the Released Parties, whether passive or active.
-- I will inspect all equipment I am using prior to the activity and will notify the Released Parties if any of the equipment is not working properly. I will not hold the Released Parties responsible for my failure to inspect the equipment prior to diving.
I was told that the form was provided by PADI.
The fact that a diving shop asks me to sign such liability release form means to me that they don't want to be responsible for anything.
In that case what I am paying for to the diving shop ?
1. For availability of an unreliable equipment ?
When I rent a car, the renting company doesn't asks me to release it from responsibility for the technical state of the car.
2. For a hazardous transport to a diving site ?
When I travel by boat between Fiji islands, the shipping company doesn't ask me to release it from responsibility for damages which I may suffer because of a capitain's error.
3. For keeping me company during a dive by a person providing no professional assistance ?
When I hire a mountain guide he assumes responsability to guide me safely to the next night shelter because he is supposed to know the region.
Is such "guaranteed irresponsability" a rule in the PADI world ?
Jacek