SCUBA-SE Archives

October 2001

SCUBA-SE@RAVEN.UTC.EDU

Options: Use Monospaced Font
Show Text Part by Default
Show All Mail Headers

Message: [<< First] [< Prev] [Next >] [Last >>]
Topic: [<< First] [< Prev] [Next >] [Last >>]
Author: [<< First] [< Prev] [Next >] [Last >>]

Print Reply
Subject:
From:
Reef Fish <[log in to unmask]>
Reply To:
SouthEast US Scuba Diving Travel list <[log in to unmask]>
Date:
Tue, 16 Oct 2001 08:26:33 -0400
Content-Type:
text/plain
Parts/Attachments:
text/plain (59 lines)
On Tue, 16 Oct 2001 14:03:37 +0800, Bjorn Vang Jensen
<[log in to unmask]> wrote:

Most of Bjorn's points agreeing with Mike have been answered implicitly
by me in the NEW thread on beating HORSES.  :-)


>Then Bob provided the clause he refers to:
>
>> > freely and voluntarily. forever, to release, discharge, waive and
>> > relinquish, in favor of the Releasee, any and all claims, demands or
>> > causes of action, whether matured or unmatured,foreseen or unforeseen,
>> > arising from, or inconnection with, any of the Activities including,
>> > without limitation, those for or relating to accident, personal
>> > injury, illness, theft, property damage and/or wrongful death occurring
>> > to me, arising out of, relating to, or as a result of my engaging in
>> > the Activities, wherever and however much injuries, damages or death
>> > may occur and for whatever period of time the Activities may continue,
>> > whether caused by negligence of Releasee or otherwise.
>
>I note that the word "Activities" is spelt with a capital A. That usually
>means that somewhere else in the waiver, there is a definition of the word.

Excellent point noted by the sharp eye of a careful reader.

Hell, I pointed out that was only ONE of the 20 clauses.  I'll be glad
to go over them when we meet on the Cayman Aggressor IV, to see how
DIFFERENT the waivers of the two fleets are even though they are
virtually twins in their operations otherwise.


>Already here, we see significant room for lawyers to move in for the kill.

The lawyers would move in for an attempted kill even if the room is no
more significant than a flea's navel!  ;-)


>Was the Wave Dancer a dive boat ? Or did it use tenders, like other PH
boats
>do ? In that case, was the mother ship a dive boat ? If not, the release is
>irrelevant in this case.

You would make a pretty good lawyer, on TV anyway, especially with
your Viking God hat on.  :-)


>My bet is that PH gambles that the language of the release
>will keep a high percentage of the signatories from suing in
>the first place, believing (wrongly) that they can't.
>
>Bjorn

Mike bets, Bjorn bets, PH gambles, ... are we branching into a
new thread on HOW to gamble or when NOT to bet, a subject in which
I AM expert, and we'll invite Mr. Smith go give a guest lecture
on that topic!  <BG>

-- Bob.

ATOM RSS1 RSS2