Can I donate a "sunset cruise" to a charity auction??? - Page 8 - SailNet Community
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post #71 of 75 Old 08-09-2010
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Danjarch's post made the most sense to me. But then I'm not the kind of guy who lives in fear of litigation or the one in a million chance of being sued.

"Bene, these guys are missing the forest for the trees. Donate your boat for an evening and volunteer to accompany the winning bidder to help sail the boat. Then your not chartering or captaining with out a license. Your not even renting out your boat since your not being paid for the loan. The same as if you loaned your boat to a buddy to take out friend, then decided to go out with them.

And for the record I've known a few captains and boat charter companies who've used the same trick and even had run ins with the coast guard with out getting in trouble. On those occasions, it was the boat rental company that would then give over phone numbers of local captains it recommended. This get's you around the six passenger rule. But only on un-inspected vessel. This works under the same rules that govern a private yacht. If someone owns a boat and hires a captain to drive the boat then invites twenty of his friends out for a trip then it's not illegal. Same if the boat was rented.

So donate your boat for the evening and go along for the cruise. Since your not getting paid your insurance company should view it as taking out a couple of aquaintences. And since you both support the same charity, it would be pretty hard to argue that They're not your aquaintences."

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post #72 of 75 Old 08-09-2010
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Originally Posted by jnorten View Post
Go ahead and donate the ride.

Here is how it breaks down:

1. You are taking a group of folks out for a boat ride--don't many boat owners do this all of the time? YES.

2. When a boat owner takes folks out for a boat ride, isn't there liability involved? Yes. Do boat owners worry about this? Perhaps.

3. In THIS SPECIFIC CASE, the people that you will take out for a boat ride have happened to make a donation to a charity.

4. I've donated rides (albeit much less extravagant on rented park district boats) for my church's camp fundraiser. The person "purchasing" the ride writes a check to the church. At some point after that, I just happen to take that same person for a nice boat ride.

5. Would folks "purchasing" a ride like this be the kind of folks who file a lawsuit when someone is injured? Stranger things have happened...but I think the odds are HEAVILY in YOUR favor.
Your careless advice brings to mind Alfred E. Newman's idiom, WHAT, ME WORRY? several regards...
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post #73 of 75 Old 08-09-2010
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A sailnet member has had to live through the worst case horror of having there sailboat run down by a powerboat and the legal sxxx-storm that followed

As a matter of fact there have been several high profile powerboat /sailboat fatal encounters in the last few years

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post #74 of 75 Old 08-09-2010
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Maritime lawyers, like all lawyers, would get more respect if fully half of them didn't lose on each case. Batting 500 is only considered competent in baseball.

So for every lawyer who knows his business...there's another one out there, wearing the same suit, charging the same rate, saying he's wrong.

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post #75 of 75 Old 08-09-2010
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Nike says *Just Do It!

A benefit is great !
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