Liability form question

[Nixrsix]

Im not sure if this is the correct place to post, the instructor to instructor section, didn't have a padi section. I am new to working as a DM and the shop I work for has divers checks in at the shop and sign the liability waivers, then they send them down to the harbor to me. I never get to see with MY OWN eyes if they signed the waiver or not. There hasn't ever been an incident where someone hasn't signed one yet, but should I actually be seeing the waiver myself before letting paying divers dive with me??? I have actually been making them sign the waiver again when they get to me just in case, and customers so far haven;t cared, but I hate asking them to sign the waiver again, when all they wanna do is go diving....what do you think? Padi is closed right now for the holidays?

 

[g1138]

This is something more for the Instructor Instructor forum, you don't need to section PADI stuff for a specific PADI forum. I know how they like to brand everything and all.....
There's plenty of instructors from different agencies or even with cross-agency training that they'll be able to answer your question.

As for seeing the waiver with your own eyes, it's always a good idea to cover your own butt, especially if you're independently insured. Is it at all possible to be at the shop, see the waiver signed, and then travel in line with the customers to the harbor? If this just isn't logistically possible, you can at least ask to see the diver's cert card (which you should already be doing anyways) and put some faith in your shop employees.

If you're covered by a shop umbrella policy, there may be a bit more leeway, but you could still be held negligent for not being a part of the checking process. You are, after all, an employee (or at least a contractor) of the shop.

 

[Ste Wart]

Not to sure where your posting from, so local laws may not correspond to what I say here.

But.


Dive Mastering/ Guided Diving is not a PADI course so you do not need to sign a waiver for it. Truth be told you don't really need to be a Dive Master unless your work in an area that requires insurance. Has anybody actually asked to see a DM's C-Card?

Shops tend to use the standard PADI forms for Daily diving but they are rarely needed (dependent on local laws) and some have their own liability forms to deal with their business.

The only certain time you need to have the holy trinity filled out (Medical, Liability, Standards of safe diving ... Amen!) is for courses.

 

[RJP]

Are you asking "do I need to see the signed waiver" or "do I need to see them sign the waiver?"

Either way, I'd say you're covered if the shop is having them fill it out and sign before sending the divers down to you. While people may not complain about signing it again, you are sending a clear message to them about the operation - "we don't know what we're doing here."

 

[Diver0001]

Im not sure if this is the correct place to post, the instructor to instructor section, didn't have a padi section. I am new to working as a DM and the shop I work for has divers checks in at the shop and sign the liability waivers, then they send them down to the harbor to me. I never get to see with MY OWN eyes if they signed the waiver or not. There hasn't ever been an incident where someone hasn't signed one yet, but should I actually be seeing the waiver myself before letting paying divers dive with me??? I have actually been making them sign the waiver again when they get to me just in case, and customers so far haven;t cared, but I hate asking them to sign the waiver again, when all they wanna do is go diving....what do you think? Padi is closed right now for the holidays?

Ask the shop to send the documentation along with one of the divers. That's what I do if I can't be at the shop when they sign the divers in. At the end of the day I drop the paperwork back at the shop again.

And yes, you do need to check it yourself. Suppose something does happen and you didn't check the documentation and then had to appear in court saying, "yeah, I just assumed that everyone else did their job".

They'll eat you alive for that.

R..

---------- Post added December 27th, 2012 at 01:04 PM ----------

Dive Mastering/ Guided Diving is not a PADI course

Discover local diving isn't a "course" but it *is* a PADI program.

DM's should take their paperwork seriously too.

R..

 

[sealark]

A waver isn't worth the paper they are written on. Nothing releases anyone from careless wrongful actions. A waver just makes the person think they can't do anything against someone.

 

[The Chairman]

You should be given a manifest with everyone who has been fully checked in. That's all you really need on the boat.

 

[Dive the World]

If you are happier with getting the paper signed speak to management and make the process to be that way.
Or
Have front desk get the paperwork signed and have the divers bring it to you, and you give it back to them once you are back from the dive.

 

[mselenaous]

If you are happier with getting the paper signed speak to management and make the process to be that way.
Or
Have front desk get the paperwork signed and have the divers bring it to you, and you give it back to them once you are back from the dive.

The paperwork should stay on land where it is safe & dry. If something happens aboard and paperwork lost, you wont have it to protect you in court.



Happy Diving!
Elena

 

[goflyplanes]

A waver isn't worth the paper they are written on. Nothing releases anyone from careless wrongful actions. A waver just makes the person think they can't do anything against someone.

While that may be true in the US, It's not true in Europe. Especially in scuba court cases that waiver gets pulled out and the whole thing just becomes irrelevant.