liability release

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

Where do you usually live?

If it's anything in Europe, Egypt or the Maldives (all of them under PADI Europe based in Switzerland and not PADI International based in Bristol), the liability release is against the law.

Being myself European I've been somewhat put off the first time I went to Thailand, but it's usual practice elsewhere, you can't do anything about it.

So, did you sign it?

You really have 2 choices:

1. Sign it and dive.

2. Don't sign it and don't dive.

chiara once bubbled...
Where do you usually live?

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In France but my testimony concerns Fiji.

chiara once bubbled...
... you can't do anything about it.

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I don't want to do anything about it. I just want to understand :
- Can such liability release form originate from PADI ?
- What may be the consequences of signing such liability release when a negligent diving shop provokes an accident ?

detroit diver once bubbled...
So, did you sign it?

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No. I didn't.

jkomorowski once bubbled...

In France but my testimony concerns Fiji.


I don't want to do anything about it. I just want to understand :
- Can such liability release form originate from PADI ?
- What may be the consequences of signing such liability release when a negligent diving shop provokes an accident ?

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It probably originates from a local attorney using the basics of someone else's form.

Only the courts will decide if the form is invalid and if the dive op is responsible. Obviously, laws vary widely from country to country.

No one can disclaim gross negligence or intentional misconduct in any country, as far as I know (and I follow this stuff). But liabililty for negligence can be limited or disclaimed in most countries, including the US, although subject to some qualifications.

In the US an most places, the type of work is a factor. For example, a doctor or lawyer cannot dislaim or limit liability for negligence, but virtually everyone else can., and they do.

The validity varies outside the US. Systems derived of Spanish origin such as Mexico and the Phillipines place few limits on the parties to contactly limit liability, while British Commonwealth are generally more resistant of limitations, altough exceptions exist. "Inherently" dangerous activities such as diving might not be offered without the user agreement to make concessions to the provider. Of course, liability cannot be disclaimed for gross negligence and intentional misconduct.

You might read the paperwork that came with your computer. Most of us sign broad limitations of liability without a second thought all the time.

Our releases contain similar wording. We get our releases from PADI. I also use releases from IANTD which also contain similar wording.

We are required by both the agenct and by our insurance company to have everyone sign releases. Not doing so in itself is a major breach of standards. We even have releases for non-diving classes and activities that we conduct.

DivePartner1 once bubbled...
No one can disclaim gross negligence or intentional misconduct ...
Most of us sign broad limitations of liability without a second thought all the time.

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You seem to agree that the wording I quoted is not only excessive but rather legaly nonsense.
Are you surprised that despite the fact that I accept to buy computers ans softwares under a limited guarantee, I refused to sign the above mentionned liability release form ?

MikeFerrara once bubbled...
Our releases contain similar wording. We get our releases from PADI. I also use releases from IANTD which also contain similar wording.

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Could you quote the most restrictve of them ?