Its clear from teh article that the custie is saying he and others did not want the raft to be spun and the guide did so anyway thereby going outside the waiver, and that is how he is alleging the negligence.
There is no fiduciary relationship between a raft guide and a custie. That would hold the raft guide to a much higher level. This is just a negligence case.
I would imagine the raft company will not settle this. Insurance company may want to, but it is in the best interest of the company to fight this one as once that bag of worms is opened, every custie who gets hurt will sue every time.