> > From: ap294_at_freenet.carleton.ca (Niels Henriksen) > > >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... > > There is no document that I know that can waive the right to sue for negiilence. Actually, there is. As scary as it may sound, there is an new tactic being used by some HMO's and it is called a physician-patient arbitration agreement that the patient signs giving away their right to a jury or court trial in the cases of malpractice and instead, use an "independent" arbitrator, regardless of whether it is a case of negligence or not. You don't sign, you don't receive service. I guess if physicians, hospitals, and insurance companies can do it.... > A waiver can state to the indivuidual that there are inherent risks in the > undertaking and therefore it is the person's responsibility to make sure that > they understand the risks. I read the waiver on the web site that Hank gave: http://www.teleport.com/nonprofit/LCCC/waiver.htm What I really liked was the emphasis on individual responsiblity. In other words, it is the paddler that is ultimately responsible for their own safety and I think this is an excellent beginning for a new paddler. To understand that the risks they take are ultimately of their own decision. I can't help but wonder if a statement which reads that failure to follow the directions of the trip leader/coordinator will result in the paddler being unable to participate in any further club trips might send the message that the leader/coordinator is ultimate authority and therefore accepting responsibility for the safety of the paddlers. Waivers and liability issues aside, I think getting the paddler to think about what they are doing and the possible outcome is the most important lesson. That could start with the waiver they sign when joining the club. Doesn't matter whether it holds up in court, imho, but it could be used as a springboard to teaching safety awareness which is an important benefit of joining a club. Actually, I liked John Winter's waiver. I think I'll change his name to mine, all the he's to she's, and run off several copies for my next coordinated trip :-) Cheers! Jackie (who can't wait to read about Barb's hippos!) http://www.gasp-seakayak.net/ _ _ _ _ _ \\ / \0/ \ / \0/ \ \\ " " `\ ,sSSs,\, )\w/( ,sSS..)/{) <<..> sSSS_v)/ \ )<*> sSS[(\_]___\ <(_/_o_o_ 'sS[_`-+---+) \----+-------+-------'---`-----\-------------') ~~~~~~~ ~~jf ~~~~~~~~~ ~~~~~~ ~~~~~~~ ~~~~\~ ~~~~ ~~~~~~~~~ ~~~~~~~ o \ o \\ o o \\ o o /\ o ` / \ /\ ,,___,~~~~""' `""""""' `~~~~.__ /} o o <, ~_at_ ``~~.__/ } `vvvvvvvv, )))) o __ ( o ^^^^^^" ___.~~~'' \ } o `~~~~~~~~\ )~~~~~~~~'''' o \} o o \_/ o o (\ O< --- o >jf:-) o ---- >O O< ----- (/ ---- >O *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net ***************************************************************************
> >What I really liked was the emphasis on individual responsiblity. In other >words, it is the paddler that is ultimately responsible for their own safety >and I think this is an excellent beginning for a new paddler. To understand >that the risks they take are ultimately of their own decision. I can't help >but wonder if a statement which reads that failure to follow the directions >of the trip leader/coordinator will result in the paddler being unable to >participate in any further club trips might send the message that the >leader/coordinator is ultimate authority and therefore accepting responsibility >for the safety of the paddlers. Waivers and liability issues aside, I think >getting the paddler to think about what they are doing and the possible >outcome is the most important lesson. That could start with the waiver they >sign when joining the club. Doesn't matter whether it holds up in court, imho, >but it could be used as a springboard to teaching safety awareness which is an >important benefit of joining a club. > >Actually, I liked John Winter's waiver. I think I'll change his name to >mine, all the he's to she's, and run off several copies for my next coordinated >trip :-) > >Cheers! > >Jackie (who can't wait to read about Barb's hippos!) >http://www.gasp-seakayak.net/ After reading these waivers I think to really let it hit home there ought to be a line somthing like this in it. _______________________________________________ Next of Kin in case of INJURY or DEATH Name___ Address__ Telephone Number____ ________________________________________________ or ________________________________________________ In case of DEATH the said Club gets to salvage off your Body and or Boat all usable objects, including said boat . ___________________________________________________- I should play a lawyer on TV Dana *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net ***************************************************************************
This archive was generated by hypermail 2.4.0 : Thu Aug 21 2025 - 16:32:47 PDT