On Mon, 9 Feb 1998, Niels Henriksen wrote: >> >>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. i guess this is a good opportunity to remind people that this is an international mailing list, and what works in one place may not in another... >>If you are taking members on outings its the >>clubs' or leader's responsibility to know the skills of the group >>and to NOT take anyone into a situation that they are not skilled for. in colorado, and our clubs in particular, this is adamantly NOT TRUE. it is the participant's responsibility to know _their_ abilities, and to ask the trip coordinator questions about the trip. >>By having every member take a skill test and rating your paddling >>adventures you can help mitigate the risk of suing. This is because you >>have taken steps to reduce the risk. >> >>Niels Henriksen >>Ottawa, Canada >> who is going to administer the tests?? when, etc, etc. this has too many problems, at least for a club our size [~250 families]. >>>>> >>>>>Use a waiver and go have fun but use common sense. This concern has been >>>>>mentioned many times but I haven't heard of and don't know anyone that is >>>>>aware of a paddling club being sued. It may have happened, but I haven't >>>>>heard or read of it. I'd be sure everyone understands that I am a trip >>>>>coordinator and not a guide or expert and everyone is responsible for their >>>>>own safety. Check liability laws in your state. It might be beneficial >>>>>to incorporate your club to protect the club and its members from being >>>>>sued for the negligent acts of a club member acting as a club representative. >>>>>I don't know if this is significant if you are not collecting dues. >>>>> >>> >>>by all means, use a good waiver. and then have LOTS of fun!! sadly, the >>>RMCC club pres, relayed a short story to us, at our winter meeting. he now >>>lives on the other side of the state, and says there is a club there... >>>but they never run trips, because someone told them a story about being >>>sued. now they are looking at adopting our waiver. we have people sign >>>them to become a member, and then again at the start of each trip. we've >>>not had any problems at all. we do have a couple lawyers in the club, and >>>they've reviewed it, and it should stand up in court. we also pray we >>>never need to find out. >> great item for discussion!! what do other clubs do to work with this issue?? mark #------canoeist[at]netbox[dot]com-------------------------------------- mark zen o, o__ o_/| o_. po box 474 </ [\/ [\_| [\_\ ft. lupton, co 80621-0474 (`-/-------/----') (`----|-------\-') #~~~~~~~~~~~~~~~~~~~~~~~~~~~_at_~~~~~~~_at_~~~~~~~~~~~~~~~~~~~_at_~~~~~~~~_at_~~~~~ http://www.diac.com/~zen/cpr [Colorado Paddlers' Resource] http://www.diac.com/~zen/rmskc [Rocky Mtn Sea Kayak Club] http://www.diac.com/~zen/rmcc [Rocky Mtn Canoe Club Trip Page] http://www.diac.com/~zen/mark [personal] -- Fortune: Everything is controlled by a small evil group to which, unfortunately, no one we know belongs. *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net ***************************************************************************
This is what we use in Fla. Dana FLORIDA SEA KAYAKING ASSOCIATION RELEASE AND ASSUMPTION OF RISK I , am participating in an excursion or clinic of the Florida Sea Kayaking Association (FSKA) of my own free will and at my own request. I understand and appreciate that kayaking and all other forms of boating are dangerous and that by attending or participating in this kayak excursion or clinic I incur the risk of serious injury to myself. In consideration of being allowed by the FSKA to participate in this excursion or clinic, I voluntarily assume the risk of any injury to myself or my property and release and hold harm less FSKA and its members, officers, and agents from any and all liability or causes of action of any nature for any injury to myself or my property which may occur in connection with my participation in an FSKA excursion or clinic today or at any time in the future I also understand and acknowledge that it is sole my responsibility that I have adequate equipment and training to participate in this kayak excursion or clinic, and that FSKA is not responsible for the provision of any safety equipment or supervision. I understand that my safety is my own 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. Print Name Signature Date Witness Date Signature of Parent or other legal Guardian if under 18 years of age: Date *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net ***************************************************************************
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