Re: [Paddlewise] Leaders and Coordinators (fwd)

On Wed, 4 Mar 1998, Gregory D. Welker wrote:

>>
>>At 09:04 AM 3/4/98 -0700, Mark Zen wrote:
>>>i forwarded richard's post to our club prez, and here was his response:
>>>
>>>         They do not however take responsibility for the members while on the
>>>river. This, in our country, is an assumption of liability~on the part of the
>>>leader and indirectly the Club. The focus of our membership application is a
>>>waiver which defines this relationship and we have similar waivers signed
>>>before putting on the river. The only official members of the party are those
>>>that sign the waivers. So far this system has worked and is the best path to
>>>follow legally. 
>>
>>
>>Is anyone aware of a court case in the US testing this view of liability
>>and use of waivers?
>>If so, could you give me a reference number or citing?  I belong to a
>>club that is trying to figure this stuff out and I've found very little
>>actual court cases covering these situations.
>>
>>Thanks,
>>
>>Greg Welker

i haven't but we had every lawyer in our club look our waiver over, and
they were happy with what we got... i don't know what any of them found
out during their research... one of them does lead club trips.

good luck

mark

ps  as an after-thought... i had a club trip 2 weeks ago, and when the 5
of us were all assembled, i looked around, realized i have paddled with
most of those people for 2+ years, i cancelled the club trip due to lack
of interest, and declared this a private trip, said everyone was on their
own, and off we went. had a great time. the lawyer in the group snickered
as i threw a stack of waivers into the back of my car... and it wasn't
because he was gonna sue me ;-)


#------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:
"When you are in it up to your ears, keep your mouth shut."



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