Join DiveBuddy.com

Meet new scuba divers, maintain a virtual dive log, participate in our forum, share underwater photos, research dive sites and more. Members login here.

#35
Help forming a dive club
finsup66 - 10/08/2014 10:45 AM
Category: General
Replies: 7

We have had a local dive club is our small rural area for over 20 years, and now the founder and dive shop wish to drop handling it because of liability issues. Any ideas on best ways to keep our club alive? Is it recommended to become a non profit organization to protect ourselves? All opinions welcome.
#51828
Subscribed
Greg - 10/09/2014 6:22 AM
Most dive clubs that I’ve seen do not "officially" register as a company. They just agree to get together to form friendships, organize dive events, get group discounts, etc.

Unless you plan on paying your club officers or raising money, I don’t think it would benefit you to start-up a non-profit.

As far as liability, maybe you could require all new members to have dive insurance before they can attend dive events. OR have members sign an agreement stating that the dive club is not responsible for them.
#35
Subscribed
finsup66 - 10/09/2014 5:18 PM
Greg, That is how our dive club used to be. I did some internet searching and noted many clubs are non profit and have waivers. Times are changing. We are presently looking into cost on becoming non profit organization. No one will get wages, but at same time we do not want anyone in the club held liable for an injury diving. I have found several threads on Scuba Board discussing and addressing these concerns.

Good idea to recommend dive insurance and sign waivers.

However it could be the family of an injured diver that could bring suit. There was a case I read about recently about a divemaster being sued by family for the death of a young student he had taught in an Intro to Scuba class. He had left the student to take 2 others to shore who were having problems. I believe the divemaster lost big time (See recent Undercurrent article).
#10346
sk290 - 10/10/2014 11:54 AM
A ’non-profit’ status means that you are exempt from paying taxes to the IRS on income earned because those are supposed to be used to the benefit of your ’cause’. It doesn’t necessarily exempt you from liability. Waiver forms, however are what protects you from liability. Although, even those are questionable. and subjected to scrutiny in the case of a law suit.
#12114
Eric_R - 10/10/2014 1:07 PM
Waivers are a joke! Just agree to dive and get together. Why over complicate things.
#147
MJ_Kiss - 10/12/2014 10:14 AM
I’m a CPA (Florida) who works with not-for-profits. In general (disclaimer: this is not specific advice to any group), a club can be formed inexpensively, and the IRS does have some a new processes in place for small non-profit clubs and educational groups. They do not require official formation at the state level until they get bigger. However, I’ve also seen groups get shut down for not doing it right. See if you can enlist the aid (give a membership to a CPA) or pay a consulting fee to a CPA for to get the right advice. I agree with the liability suggestions above. DAN (Divers Alert Network) is a great place to get information specific to your group, along with a local attorney in your state for the right wording in your waiver.
#147
MJ_Kiss - 10/12/2014 10:15 AM
#35
Subscribed
finsup66 - 10/12/2014 3:04 PM
Thanks MJ_Kiss for the advice! Will look into it.