Key word: Voluntary

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Posted by Ken Kurtis on March 07, 2007 at 21:50:13:

In Reply to: Personal boats and liability posted by Eric S on March 06, 2007 at 18:50:40:

I know it's splitting hairs, but it seems to me the key word is the phrasing of the clarified definition quoted in posts below is "voluntary."

If you call your friends and say, "Let's go out diving this weekend. You guys kick in for fuel. Should be $25 each." Is that voluntary?

Suppose you all show up and one guy decides he doesn't/can't/won't pay. If you don't let him go, is that still "voluntary" since payment was a condition of going? If you then tell the other people that they have to kick in more to make up for the other guy not paying, is that still voluntary?

It goes to what was said in a previous post. The regulations can be interpreted in many ways and will probably be done so in various jurisdictions. I don't think it's too tough to make a case that these contributions to the cost of the voyage are not voluntary.

And then it goes back to what I asked earlier: If you're going to expose yourself to this kind of liability, is the reward worth the risk? If it is, then do it. But don't try to make it into something it's not.

Ken Kurtis
NAUI Instr. #5936
Owner, Reef Seekers Dive Co. - Beverly Hills

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