Yes if they did that right now, but if law were passed that made recoupment the responsibility of the climber(s) and their families there would be no excuse. They could fight it in court if they chose to and that would set precedent.

It would also make it the responsibility of each climber to either accept that they or their family may have the burden of cost if something were to happen and they can weight the thought of if they want that cost to be the burden of their wife, kid, mother or father etc. This would cause the family to also urge them to carry the thing because they wouldn't want the cost of rescue or recovery on their heads along with a dead loved one or hospital bills.