> In a message dated 5/8/2002 8:01:57 AM Eastern Daylight Time, > jfarrelly5_at_comcast.net writes: > > > > I just don't see the point of distributing [disclaimers] to paddle on a > > public canal. I am not a legal beaver but here is what I know. Such releases are to help the club cover its liability exposure and it has nothing to do with the public nature of the water and launch spot. Also, in some cases, such releases can be seen as a form of coersion. I think the legal term is something like a "yellow contract" meaning your were forced to sign. This occurs for example if you drive 4 hours to go on an event and then at the last minute a release form is shoved in your face. The only way you can participate is if you sign and you have gone a long way out of your way to get there. However, if you were told beforehand that you would have to sign a release then you did have a choice of not going through great pains to get there. Clubs, of course, can insist on signing a waiver annually with your new membership or renewal. Releases and waivers are funny. They are not an absolute guarantee against being sued and losing. But if they state all the possible dangers adequately and the organizers have shown prudent behavior and exercised generally accepted precautions, then it would be that much harder for a law suit to bite them. That is why clubs and symposia insist on wearing PFDs at their events. That is why symposia have chase boats out on the water and delineate a narrow area in which boats can be tried out. Etc. ralph diaz *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************Received on Wed May 08 2002 - 07:11:27 PDT
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