[TheForge] Liability waiver suggestions

[Ron Childers]

I tried to answer Fredrick but it bounced. We have a waiver signed by
everyone who works or just plays around in Mockingbird Forge.
Iforge #66 is required reading. Safety glasses are a must. 

Ron C



-----Original Message-----
From: theforge-bounces at mailman.qth.net
[mailto:theforge-bounces at mailman.qth.net] On Behalf Of Clyde Wynia
Sent: Wednesday, October 13, 2004 1:50 PM
To: terry l. ridder; Sponsored by ABANA
Subject: RE: [TheForge] Liability waiver suggestions



Terry, your attorney is speaking to a sexual harrassment situation, not
personal injury to the student. And yes, that can be a big problem if you
get a problem student (or a problem instructor). However, that doesn't mean
you can't teach the young lady. If you're concerned with that problem, have
another person, not necessarily another student, around. It also helps to
keep your hands off her.

We have to be careful, but we can't stop helping other people because of a
few bad examples. Take reasonable precautions, but don't run from every
situation that has a remote threat or even random acts of kindness are out.
The hold harmless and waiver agreements are not a guarantee, but they do
discourage a lot of suits and can often save your tail if you do go to
court. And keep in mind, we hear of these horrible nightmare suits, but they
are pretty rare and most of us will never be involved in one. Keep your
insurance up and your hands off the lady.

>
> hello;
>
> i hate to be a wet blanket but here i go.
>
> just happened to be talking with one of the lawyers, who has been
> working the 8 yr. legal nightmare, when your post came in. i asked
> him what he would suggest. below is his paraphrased advice.
>
> 0. given the current climate concerning abuse of students by teachers it
> would be better if you were able to find:
>     a. other students to instruct so that it is not a one-on-one
> instruction.
>     b. failing that, find a female blacksmith in the area and direct the
> young woman to them.
>     c. failing that, run away from the situation.
>
> 1. contracts, waivers, and hold-harmless agreements are only as good as
> the lawyers and courts decide. as enticing as the opportunity may be it
> is a legal nightmare and possiblly a judical nightmare ( see above )
> waiting to happen.
>
> On Wed, 13 Oct 2004, Frederick Faller wrote:
>
> frederick>
> frederick> I have been asked to teach a young woman who wants to
> frederick> learn basic blacksmithing as an extracurricular
> frederick> project for school. I have spoken with her parents
> frederick> about the "inherent dangers of blacksmithing" which we
> frederick> all know can be managed. I am exclusively a "hand
> frederick> smith" (no power tools - yet) so the dangers are
> frederick> reduced somewhat. I do not want to get involved in any
> frederick> regulatory issues for my smithy to make it a student
> frederick> or apprentice fit place.
> frederick>
> frederick> The parents have agreed to sign a waiver,
> frederick> acknowledging the dangers. Any suggestions?
> frederick>
> frederick> Anyone have a sample waiver wording I could borrow?
> frederick>
> frederick> Frederick Faller
> frederick>
>
> --
> terry l. ridder ><>
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