Posted by MHK on November 20, 2001 at 09:57:45:
In Reply to: Re: Waivers/duress (correcting mis-statements) posted by Ken Kurtis on November 19, 2001 at 18:06:54:
Posted by Ken Kurtis on November 19, 2001 at 18:06:54:
MHK said: " . . . wasn't your position not too long ago that the NAUI and PADI waivers weren't valid becuase they were in 8 point type and your understanding of California law was that they needed to be in 10 point type??"
In a word . . . no.
Ken that is utter BS.. This was one of your more bizarre invented legal theories and it has always stuck out in my mind as one of your wildest dreams.. You also advanced theories that since divers don't read the waivers they might not hold up in court either.. Give me a break if you suggest anything otherwise..
Posted by Ken Kurtis on November 19, 2001 at 18:06:54:
Two salient points:
1. Prior to our using it, this document was reviewed by both PADI and NAUI legal department (Gina at PADI and Mat Monroe at NAUI) and both gave their blessings.
2. At a diffetent DEMA show than the Anaeheim one, Rick Lesser of Lesser & Associates (PADI's defense firm) commented that he liked the idea of having each line signed on the agreement because it made it that much harder for someone to say "I never saw that" if they tried to challenge a specific part of the waiver/agreement.
Again utter BS.. First off Gina isn't PADI she works for Lesser & Assoc. and she didn't sign off on it because her and I have had numerous conversations about it, and she is a puzzled as I am why you refuse to use a waiver that is really blessed by the lawyers and that has been time tested, so for you to say that she has blessed it in a public forum is BS.. She specifically told me that she could not give the same assurances that she can give when it comes to the industry standard waiver.. Now realize I have always said that as the shop owner you have the unequivocal right to run your business as you see fit. I don't challenge that, I just refuse to ever DM for you ever again.. Furthermore, just because you run your business in that fashion does not mean that I will allow you to spew your nonsense in a public forum and leave people with the impression that the lawyers blessed your home brew waiver, particularly when I was swaeting out the running of the statue of limitations because we were exposed..
Posted by Ken Kurtis on November 19, 2001 at 18:06:54:
I'm sorry that you're still hurt and pissed about the Frank thing but that was over a year ago. Isn't enough enough?
Nice try at misdirection but as I have told you privately I have long since thought that many of the things that you advance are BS, but because I thought we were friends I refrained from pointing them out. However, I told you privately that you get on various scuba forums with your * I'm an instructor for 20+ years attitude* so since I don't consider us friends anymore I told you that if you post BS that I will call you on it every time. So the choice is really simple, stop posting your BS and I won't have anything to post in response.. In the absecence of a contrary point of view, some people may look at you as a shop owner, an instructor for 20 years and actually believe some of the sh*t that you spew on here [ your Nitrox fantasy for example] and I think it's important to provide an alternative viewpoint..
Posted by Ken Kurtis on November 19, 2001 at 18:06:54:
When we attempt to explain/defend what we do, if you could listen to the reasoning objectively, instead of getting so incensed over everything and anything I personally say or post, I think you'd be able to see that.
Again Ken this is BS... I'll be happy to reasonable and objectively allow you to explain the BS legal fantasy that you dreamed up as it relates to Nitrox and the non-certified nitrox DM.. If you recall correctly you advanced a theory that suggests that PADI agrees with your point of view and I called PADI and exposed you for the fraud that you are.. If PADI did in fact agree with you, then why the hell aren't they doing anything about it because you are the only one in the world who has dreamed up this fantasy..
Later