Would not the other party requesting you leave them and go on (multiple times) not be seen as an implicit release of that duty? yes, I would think so Something tells me the courts will not be eager to shape the casual relationship of two vacationers on a diveboat as a legally bound duty. Courts have found a duty to exist between dive buddies. I'm not aware of any cases having to do with "insta-buddies" but I would guess the duty would still exist because it arises out of the fact that you are both made safer in diving by having a buddy
Were it me in this scenario, I would point out that I had ascertained the diver was in no danger and made a conscientus decision to ask me to leave. I might have him respond in writing on my wetnotes for CYA purposes. Beyond that, if he wants to find his own way to the boat, have at it.In this set of facts, I completely agree
I would NOT leave a buddy who did not want to be left, and I would NOT leave a buddy if I was not comfortable on my own. Fortunately, I have not had to deal with the instant buddy scenario. And I am not looking forward to it. I would do the same, and I don't like insta-buddies either