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#412324 - 11/28/08 07:32 PM liability release
bassaiguy Offline
Member

Registered: 10/10/03
Posts: 26
Loc: Maine, USA
I'd appreciate taking a look at sample liability waiver forms that instructors usually require. Without getting into a debate about their usefulness in court, I'd rather err on the side of more of a paper trail rather than less. The Rec Dept. has their own form, but I figure issuing one that specifically mentions my karate class couldn't hurt.

Thanks,
_________________________
Geoff Wingard

http://seisui.weebly.com

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#412325 - 12/02/08 11:55 AM Re: liability release [Re: bassaiguy]
cxt Offline
Professional Poster

Registered: 09/11/03
Posts: 5823
Loc: USA
bassai

I'm not a legal pro...but the one wavier that I know was penned by a legal professional was so scary that it actually drove people away-----but according to him that was kinda the point....if they were not willing to step up and take personal responsibity for their volentary participation then they probably could not be trusted not to sue you.

His wavier flat out said that taking martial arts was a hazaderous activity that if taken would almost certainly,sooner or later, result in injury--compard it in print to varsity Football--a contact sport in which one could expect to be kicked, punched, thrown, knocked down etc.......said that contact injuries were not only possible but should be expected.

Had a whole line in it about accidental injures---they could be expected to occur.

Focused mainly upon the "volentary" nature of the students participation and their personal assumption of the risk of doing so......just like rock clmibing or any other potentially dangerous sport.

Explained in detail exactly what the student was agreeing to....he took the time to go over verbally and in print on the wavier what kinds of injury could be easily occur.

Like I said...scary form.....he based it upon the assumption of risk wavier used by the local high school for it football and wrestling teams.

He also required proof of a persons health to participate.....he needed a form from the persons doctor of results from their last physical.
With college athletes dropping dead on the basketball court he felt he was better safe than sorry.

As you say "paper trail" and all that.
_________________________
I did battle with ignorance today.......and ignorance won. Huey.

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#412326 - 12/03/08 09:14 AM Re: liability release [Re: bassaiguy]
oldman Offline
Professional Poster

Registered: 07/28/04
Posts: 5884
A Sample

Release and Waiver of Liability and Indemnity Agreement
(Read Carefully Before Signing)

In consideration of being permitted to participate in any way in the Martial Arts Program indicated below and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree:

1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the below martial arts activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be UNSAFE; I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2. I/We fully understand and acknowledge that:
a. There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury partial and/or total disability, paralysis and death.
b. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
c. These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below.
d. There may be other risks not known to us or are not reasonably foreseeable at this time.
3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
4. I/We HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant, including it owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purpose herein referred to as “Releasee”…From all liability to the undersigned, my/our personal representatives, assigns, executors, heirs and next to kin For any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant or damage to property, arising out of or relating to the events(s) caused alleged to be caused in whole or in part by the negligence of the releasee or otherwise.
5. I/We HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
7. On behalf of the participant and individually, the undersigned partners(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite the release, the participant makes a claim against any of the Releasees, the parents(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf , and hold them harmless.


I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WTHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

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#412327 - 12/04/08 12:03 PM Re: liability release [Re: oldman]
cxt Offline
Professional Poster

Registered: 09/11/03
Posts: 5823
Loc: USA
oldman

Thanks!

Is that the one you use?
_________________________
I did battle with ignorance today.......and ignorance won. Huey.

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#412328 - 12/04/08 04:35 PM Re: liability release [Re: cxt]
oldman Offline
Professional Poster

Registered: 07/28/04
Posts: 5884
Yep, that is minus my school info and signature lines for myself, the person signing and a witness.

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#412329 - 12/05/08 04:16 PM Re: liability release [Re: oldman]
cxt Offline
Professional Poster

Registered: 09/11/03
Posts: 5823
Loc: USA
oldman

Very through!

Hope bassai is reading this.
_________________________
I did battle with ignorance today.......and ignorance won. Huey.

Top
#412330 - 12/06/08 07:53 AM Re: liability release [Re: cxt]
bassaiguy Offline
Member

Registered: 10/10/03
Posts: 26
Loc: Maine, USA
I've been reading the thread and I appreciate the responses! This is great info, thanks. Although I've taught for others over the years this is the first time the class is "mine", so to speak. I want it to be a success and for my students to have a great experience and I want to make sure I've dotted all the i's and crossed all t's.

Thanks again,
_________________________
Geoff Wingard

http://seisui.weebly.com

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#412331 - 02/22/09 03:24 PM Re: liability release [Re: bassaiguy]
karl314285 Offline
Member

Registered: 02/17/09
Posts: 326
Loc: The Matrix, Serif is Teacher
I've read oldmans sample release form and was seeking input on the following:
1. I'm poor and dont consider myself good enough to hang a shingle out (the poor part means I want all the small income), so Please give me input on the idea of advertising to help improve a current MA student in technique, tournament prep, weapons kata (no blades), weapons drills, etc.
2. Venue-their home?, if a UF student I believe there is free access to a smallish dojo like room. Groups or individuals a public park? (this seems best)
3. I bounced the idea off a friend who is a Sheriff in Jacksonville and he seemed leery about such an endeavor with only a liability release and said he would feel more comfortable if I had liability insurance, he also brought up the notion of the liability waiver should be drafted and have the chop of a Lawyer on it, insurance and lawyer=cash I dont have.
***Does #1 seem to have a potential market?, #2 is the public park viable or is there a better idea?, #3 In an ideal world the insurance and Lawyer drafted waiver great, but essential?
_________________________
do not try to spork the post, for that is impossible, only realize there is no post to spork

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#412332 - 03/16/09 01:42 PM Re: liability release [Re: karl314285]
everyone Offline
Enthusiast

Registered: 01/02/07
Posts: 597
Loc: USA
To conduct a formal training in a public park requires a city permit in many areas. The police can/will give you a substantial fine if you can't show a permit. The city wants their cut of any business or organized group on their property (and they will not assume any of the risk with/for you).

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#412333 - 03/17/09 02:47 PM Re: liability release [Re: everyone]
karl314285 Offline
Member

Registered: 02/17/09
Posts: 326
Loc: The Matrix, Serif is Teacher
Thanks everyone

wasnt aware of that as many times we went to one or two of the parks in town to work out when my master was alive, but I was never interested in the financial/legal issues I avoided them. Grandmaster Dong had a rule that if we advertised as and used the Cuong-Nhu system, as an instructor I was not supposed to use it for profit myself.

My girlfriend will ABSOLUTELY not let teach in backyard...it is her house (whip,whip )

anyone w/ input as to using said person or groups residence and my potential risks???

Karl.
_________________________
do not try to spork the post, for that is impossible, only realize there is no post to spork

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