Re: [Paddlewise] Club waivers

From: Hank Hays <lhays_at_canby.com>
Date: Mon, 09 Feb 1998 18:21:19 -0800
Much snipped,  

>>>Please remember that you can always be sued for negligence.
>
>true.
>
>>>A Waiver can not remove this right.
>
>depends on the state, and the country. 

>>>>>>Use a waiver and go have fun but use common sense.  

>great item for discussion!! what do other clubs do to work with this
>issue??

The waiver that the club I belong to can be seen at: 
	http://www.teleport.com/nonprofit/LCCC/waiver.htm
I'll not send it to reduce bandwidth requirements here, those interested
can check it out on the Web.  

Laws certainly vary from state to state, and I'm sure from country to
country.  Heck, it depends on the judge or jury, too.  Waivers can be
useful.  Our club saves all waivers collected every year.  We just figure
that if we can show a stack of waivers signed by someone suing (10 years
worth!), it might reduce their case (or at least their credibility?).  We
collect a waiver from every member every year, and one every trip from
"guests," but not from regular members every trip.  Unless that has been
redone since my last club trip which was a while back.  

This may vary by state, but in Washington State (Seattle?) about 10 years
back there was someone who died on his graduation scuba dive test.  The kid
was a minor and his parents sued the school.  They had all signed a waiver
and the judge threw it out of court because of that.  Sometimes they do
some good.  Probably not always.  

Hank Hays


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Received on Mon Feb 09 1998 - 18:23:28 PST

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