Liability release

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This release strikes me as onerous to the point where I wonder why he feels he needs this level of protection. There is even a section in there asserting that I am waving my family's right to sue if I am killed. Like I said, I am all for being responsible for me but I don't think I should be responsible for him. I sent him an email telling him that I would need to make certain changes before proceeding. I suspect that will end our business arrangement.
 
In no state except Florida may you waive someone else's right to sue, and that is only your minor child. This release seems a bit onerous. I wonder if he made it himself or had a lawyer draw it up?
 
I just encountered a similar release here in Cozumel. I'm curious as to how this release stands up on foreign soil when it involves another nationality. Any input anyone?

Cheers - M²
 
I just encountered a similar release here in Cozumel. I'm curious as to how this release stands up on foreign soil when it involves another nationality. Any input anyone?

Cheers - M²

I suspect the nationality of the signers is not relevant. The legality would de determined by the country you signed it in and executed what ever activity it was covering....at least that would be my assumption.
 
I suspect the nationality of the signers is not relevant. The legality would de determined by the country you signed it in and executed what ever activity it was covering....at least that would be my assumption.
Divided further by state. Florida is considered to be very release friendly. Texas too. It may have to do with the deep south and far north (rural areas) feeling that what you sign actually reflects how you feel. New Jersey and California? Not so much, as "activist judges" may feel the need to protect you from yourself. I'm not making a judgement, but it seems that releases are not even allowed in court as exhibits on the coasts. YMMV.
 
In no state except Florida may you waive someone else's right to sue, and that is only your minor child. This release seems a bit onerous. I wonder if he made it himself or had a lawyer draw it up?

It wouldn't surprise me to see a release with some provision a lawyer included knowing full well that that particular provision is unenforceable in all or most states. There's almost certainly another provision in it somewhere that says something along the lines of "even if a provision is found unenforceable, the remaining provisions still apply."

Anyway, you answered the OP's question in your first reply: waiving claims for simple negligence is exactly what liability waivers do.
 
I just encountered a similar release here in Cozumel. I'm curious as to how this release stands up on foreign soil when it involves another nationality. Any input anyone?

Cheers - M²

I think OldNSalty is correct that YOUR nationality doesn't matter.

If the lawyer who wrote the release is worth two pesos, there should be a provision in it somewhere that specifies what country's law applies--probably Mexico's. If it doesn't, then from what I recall there is a whole semester-long law school class on arguments over what country's laws should apply in international cases. My guess is that if you were in Mexico when you signed it, and the dive op is Mexican, and the release is for diving you're doing in Mexico, then Mexican law applies.
 
I've signed I don't know how many of these things. Perhaps uncharacteristically, I read every one of them from start to finish. I'm not a lawyer, but I do work with contracts in my job from time to time. Rarely do I find anything I deem both enforceable and unreasonable, but there is certainly a lot of chaff in some of them.

But here's the thing. My wife and kids (now adults) understand and agree about the basics if something bad happens to me. Hurt or kill me driving the boat through your action or inaction, and it's your fault. From the time I leave the boat until the time I am back aboard, it's my fault. DCS is *always* my fault. There's a grey area in there for being hurt and on the surface, I suppose, but if I'm watching what I'm doing that should not occur either inbound or outbound unless you run me over or start the prop moving while I'm near it, so most of those fall on my side of the line. Something like hitting a container at night (as I know happened to one boat) is a no-fault. I agreed to go when I knew the boat would be operating at night. Do-do occurs.

Those are pretty clear boundaries to me, and I know my family won't go to court on my side of those boundaries. On your side of the line, it won't matter what I signed if I'm dead. It will depend entirely on how they feel about what happened and, if they think they should go after you, what the lawyer thinks.

That said, I have *never* sailed with a captain I found irresponsible, and if I ever do it will be the only time I sail with that captain.

Just my 2 PSIG.
 
I signed them for every dive, and my regular dive shop suggests we print them out online from their website and fill them out & sign them before hand so we don't waste time at the shop loading gear and signing forms in the morning.

Just for fun one time, and out of curiosity, I printed out their form and changed all the stuff and replaced it all with the terms and conditions to get a membership card at Harris Teeter. :)

When I handed them the "release form" they throwed it in the pile with the rest of them without even reading it. I don't know how that woulda worked out in court if need be if the dive shop lawyer wanted to argue it was a liability release I was *supposed to sign* and not a Harris teeter membership card application. I supposed the lawyer woulda claimed I "defrauded" the dive shop, but the fact remains that the shop had no release form from me in their possession for that dive.

It woulda been an interesting case to hear argued.
 
https://www.shearwater.com/products/peregrine/

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