A few weeks ago, one of our Blue Grotto staff members witnessed something genuinely frightening. She was on the dock when she saw an instructor in the water with four students. Neither the students nor the instructor had our wristbands on. When asked, the instructor said he’d been in a hurry and would get everyone checked in following their first dive.
The issue was not that we hadn’t been paid; we knew we’d be getting our money shortly. What concerned us was that we had divers in the water for whom we did not have signed liability releases. This could have had severe consequences.
Waivers matter
You will sometimes hear people claim that liability releases “aren’t worth the paper they’re written on.” That’s total nonsense. Florida courts have upheld dive site and dive charter releases on several occasions. They provide operators with one of the best possible defenses against lawsuits, regardless of merit.
If you look at your professional liability insurance warranties, you will see that you must obtain a signed waiver from every student before the start of training. Dive operators are subject to similar requirements.
If you fail to obtain the required liability releases, your insurance carrier can refuse to pay any judgment or settlement or pay for the cost of your defense.
The real value of insurance
We tend to think of liability insurance as something that will pay the cost of any judgment or settlement. But the real value of insurance is that it will pay for the cost of your defense.
- If a case settles before going to trial, legal fees can still run tens of thousands of dollars.
- If a case does go to trial, those fees can run hundreds of thousands of dollars.
This is why even the most groundless of claims can bankrupt you. It also explains why your insurance company will almost always negotiate a settlement even when a claim is groundless. It’s cheaper than going to court.
Just as your insurance carrier expects you to obtain a waiver from every student you teach, our carrier expects us to obtain a signed waiver from everyone who enters the property. It’s something we can’t afford to be without.
The significance of wristbands
The wristbands we issue to you, your students and divers are the only way we have to identify who has a waiver on file with us and who hasn’t. This is why it’s essential for all your students and divers to have wristbands and display them prominently. It’s something we check frequently.
It’s also important to explain to your students and divers what they can and cannot do until they receive their wristbands.
- If you do not have a pavilion reserved, students and divers must remain in the immediate vicinity of the store or bathhouse until you arrive and check them in.
- If you have reserved a pavilion, your people must remain in the immediate vicinity of it or the bathhouse until you give them a wristband.
- No one is to go to the water or wander the property without a wristband.
Questions?
We are always happy to answer questions you may have about our policies or procedures. Most of these answers can also be found on our website. Remember: We’re here to ensure you and your customers have the safest and most enjoyable experience possible.