[cappyjon431]

I am a member of The Villages Scuba Club (and recently elected VP) and had a question about club liability. The club has had a longstanding policy of not promoting or sponsoring any dive trips. This is the first dive club I have ever been a member of that did not plan group trips. When I ask members why we don't promote any trips, no one is certain but the consensus seems to be fear of liability.

All members of the club are certified divers. There are liability waivers that are available from the different scuba organizations waiving liability for clubs, instructors, training agencies, dive shops, etc. Their use is common and accepted practice in the industry (I have been a scuba instructor for twenty years, and as an instructor must hold liability insurance).

All dive operators (the companies with which we would dive if we did promote trips) also have their own liability releases which must be signed prior to participating in the activity.

Several members of the club have asked if we could look into sponsoring dive trips. I am all for it, but I want to make sure the club will not be held liable if participants were to sign liability releases.

Thanks for any advice!

[Hunt Law Firm]

A waiver or liability release alone is not going to prevent your organization or the directors of your organization from being sued if something were to go wrong on a dive. Many of the dive shops that sponsor these trips likely have liability insurance. You may want to look into the cost of liability insurance for the organization, but carrying liability insurance may be cost prohibitive depending on the size of your organization. Your organization needs to consult with an attorney regarding the legal ramifications of sponsoring a dive prior to doing so. When you meet with the attorney, you will need to bring any and all documents you have related to the organization (articles, bylaws, etc.), be prepared to discuss the details of the proposed dive and also bring a copy of any insurance policies that the organization may have in place.