[Paddlewise] Liability and Waivers

(this was under the subject header of "Paddling Clubs")


> From: dldecker_at_mediaone.net

> This is what we use in Fla.
> Dana    
> 
>                           FLORIDA SEA KAYAKING ASSOCIATION
>                                RELEASE AND ASSUMPTION

<snip>

> responsibility. I agree to follow the directions of the designated trip or
> clinic leader,
> and I understand that failure to do so will result in my being unable to
> participate in any 
> further activities of the Florida Sea Kayaking Association.


I understand why you include this in your waiver but I'm not comfortable 
with that.

Example:   When participating in a canoeing class, I was a student of a
highly experienced instructor (ACA).  We were traveling down a swolen river, 
I was bow paddler.  He had a tendency to be somewhat impatient, agitated, 
and very loud.  We traveled over a fall and some rapids where he began
yelling to me to draw right which would have put us directly on top of a 
refrigerator lodged on a small island.  He yelled louder, I refused
to draw right, and we passed the eddy-out he intended (with him yelling at
me as I refused to park the canoe on a refrigerator) and took a lower
eddy.  I was new at this, confused why he wanted to paddle on top of
a refrigerator and why he was yelling at me so and was torn between his 
extremely agitated instructions and my gut instincts.  I don't know what 
I would have done had I been told if I didn't follow all his instructions, 
I would not have been allowed to paddle with the club again.  Would it
have made me do differently?  I was a beginner and new to the club.  I
probably would have followed my gut instincts, anyhow, but would everyone?
Sometimes the gut instincts of the paddler are more sensible than some
trip leaders or instructors.  Some people are more aware of their own
limitations than some trip leaders/coordinators who will push participants
into situations where they should not or do not want to be.  I would
rather stress self responsibility of the individual paddler.

Turns out, my canoe instructor was too involved with trying to get me to 
comply with his demands and never saw the refrigerator which was mostly 
exposed which I couldn't imagine he couldn't see.  He was used to paddling 
that river and there had not been a refrigerator there before.

If I had followed his instructions because of the above waiver and we had 
been injured (a *real* possibility with that particular swollen and fast 
moving river which is also known to contain many strainers and probably 
could contribute to his becoming more agitated at my not following
instructions), would the club have been liable because of the above 
statement in its waiver?  I don't know.  

Cheers,

Jackie
http://www.gasp-seakayak.net/

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