Re: [Paddlewise] signing a disclaimer

From: Steve Cramer <cramer_at_coe.uga.edu>
Date: Wed, 08 May 2002 10:30:22 -0400
jfarrelly5_at_comcast.net wrote:
> 
> I local club is going on a paddle and has invited our club.  They want everyone to sign a release form.  Are there any legal types out there who can share their opinion as to the validity of these forms ( without having seen it)?  I am not going on this particular paddle due to time constraints.  I just don't see the point of distributing these things to paddle on a public canal.<

Part of the purpose of the release is informed consent. People have a
tendency to get in trouble and then blame someone, saying "You never
told me this was risky." At least one major lawsuit has hinged on
informed consent, and the outfitter lost.

There aren't that many hazards on the Augusta Canal, but there was
recently a WW fatality on a fairly flat section of a Class II river in
Tennessee, so risk awareness is important.

This is an issue if there is someone "in charge." Atlanta Kayakers
avoids the issue by not having officers, dues, or trip leaders. Georgia
Canoeing Association has more structure--though we have "coordinators,"
not leaders for trips--so there are waivers.

I take responsibility for people in clinics, so I have my own, based
loosely on the ACA waiver. You may find interesting. Be sure to read the
fine print. 
http://home.earthlink.net/~cramersec/MyRelease.html

-- 
Steve Cramer
Athens, GA
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Received on Wed May 08 2002 - 07:30:21 PDT

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