[TheForge] Liability waiver suggestions
coe_wayne
coe_wayne at ellijay.com
Thu Oct 14 14:43:04 EDT 2004
Georgia. How did you know?
-----Original Message-----
From: theforge-bounces at mailman.qth.net
[mailto:theforge-bounces at mailman.qth.net] On Behalf Of Ron Childers
Sent: Thursday, October 14, 2004 2:16 PM
To: 'Sponsored by ABANA'
Subject: RE: [TheForge] Liability waiver suggestions
Wayne,
In what part of the country do you practice law? Certainly not
Florida.....
Ron C
-----Original Message-----
From: theforge-bounces at mailman.qth.net
[mailto:theforge-bounces at mailman.qth.net] On Behalf Of coe_wayne
Sent: Thursday, October 14, 2004 1:43 PM
To: theforge at mailman.qth.net
Subject: FW: [TheForge] Liability waiver suggestions
I have been preaching this point for years. Below is an article that I
wrote and had published in the "Hammer's Arc" the newsletter of Alex
Bealer Blacksmith Association of Georgia. I'm sorry but formatting gets
lost when copying to this chat room.
Wayne Coe
President, ABBA
WARNING
Have you ever read the releases that you sign whenever you go to
an event, whether it be a blacksmithing conference, an auto race or many
other gatherings? It probably reads something like this: "I hereby
release anybody and everybody from anything and everything." This year
when I attended a conference I noticed that the "release", which was
tucked away on the back of the registration for said, "All who register
and their guests automatically release.". There was no place to sign
the "release" so presumably you do not have to acknowledge acceptance of
the conditions or even know that it was there.
Many states have enacted special legislation such as the
"Injuries from Equine or Llama Activities", the "Pick-Your-Own Farm
Operations" and other special legislations in order to limit civil
liabilities. These laws generally require that the sponsor prominently
post signs with white backgrounds with bold black letters at least one
inch tall. These signs must use specific wording which is contained in
the law.
Many of the "releases" used appear to be overly broad. Common
wording found in many of these "release" forms release "the Activity
Sponsor, any other organization, any officers, directors, members,
participants and any other person whomsoever, (even if they have not
signed the release or participated in the activity; or contemplated the
protection) from and against all liability, causes of action, suits,
demands, judgments and claims of any nature whatsoever. Now, stop and
think about that for a minute. What if someone backs into your truck,
trailer or you? Have you released him from responsibility for damages
to your truck, trailer or you? "Yeah," you say, "but that's not what it
means." Well, in the law what it says is what it means. "Besides," you
say, "he has insurance and it will pay." Now, do you really believe
that his insurance company, knowing that you have signed a release that
released him from any and all liability whatsoever, is going to pay
anyway? As a matter of fact, when your own insurance company learns
that you have signed a release that inhibits its ability to collect from
this other person or his insurance company, would they pay for the
damage to your truck, trailer or you under your comprehensive or
collision coverage? What if a person at the activity pokes you in the
nose, for no reason and no fault of your own? Have you released him
from liability? Of course, you can not release him for a criminal act
(the assault and battery) but what about your medical bills, lost wages
and pain and suffering?
Now that I have awakened all of you attending conferences,
demonstrations or guild meetings let's address the sponsors who ask you
to sign these "releases". (And by the way, if they are also subject to
these "releases", they are also releasing "everyone and anyone from
everything and anything", also to their own detriment and I'll bet that
they did not anticipate what they were giving up.
There is some question as to the validity of such overly broad
and far reaching releases. If sponsors and participants attempt to
overreach, especially in a one sided manner, the release may be held to
be contrary to public policy and could even take away the very
protections they were seeking.
The bottom line here should be:
1. Be aware of any special legislation concerning the activity that
you are engaged in or are attending.
2. Be aware of the effects of any release or notice that you are
required to sign (or is presented and may not require your signature).
If the release causes you to give up rights that you feel are
inappropriate or that you are not willing to give up, don't sign it or
acquiesce to its terms, load up and go do something else that day, or
mark out the offensive language.
These are rules that you should be concerned with whenever you are asked
to sign any document. Know what you are signing, read it and be wary.
Don't think, "Aww, ain't nothin' goin' to happen, it'll be ok". Just
remember, if that were true they wouldn't be asking you to sin that
"release".
Now, with all of this said, I don't think that our organizations
are trying to take advantage of us, they just want to protect themselves
and don't know how to go about it. Here are my suggestions:
I believe that sponsors should have warnings posted at prominent
locations on signs with white background and bold black letters at least
one inch tall that reads as follows:
WARNING, ACKNOWLEDGMENT AND NOTICE
BLACKSMITHING activities can be inherently dangerous due
to the very nature of hot metal, hot sparks, sharp objects, machinery
and attendant activities. The use of safety glasses, long sleeved
cotton
or wool shirts and long cotton pants and leather high topped boots are
recommended, in addition to any other safety devises available.
Participants are prohibited from going behind barriers and shall keep a
safe distance from all activities.
These signs should be posted at all meetings, conferences,
demonstrations or other activities. If the association has a building
or permanent location these signs should be permanently posted.
All participants and attendees should sign the following
document:
WARNING, ACKNOWLEDGMENT AND NOTICE
THE UNDERSIGNED does hereby, for himself, his heirs, executors
and administrators acknowledge that BLACKSMITHING activities can be
inherently dangerous due to the very nature of hot metal, hot sparks,
sharp objects, machinery and attendant activities. The use of safety
glasses, long sleeved cotton or wool shirts and long cotton pants and
leather high topped boots are recommended, in addition to any other
safety devises available. I acknowledge that going behind barriers is
prohibited and I shall keep a safe distance from all activities. I will
exercise due care for my safety and those with me.
WARNING
I wish to participate in these activities, knowing that they can
be dangerous. I accept and assume all the risks of injury to my
property, and me (including death).
Should any person listed below require medical assistance for
any reason during this activity and not be in a position to obtain,
request or authorize such treatment at the time, such person hereby
authorizes the Activity Sponsors to obtain such medical treatment or
emergency care as they may deem necessary or desirable and such person
agrees to hold the Activity Sponsors harmless with regard to any such
emergency care or the expenses arising therefrom.
The Activity Sponsors do not condone the drinking of alcohol or
taking of drugs at activities. If you are taking any drugs or
medications that might effect your ability to participate in this
activity please do not participate.
If your group includes a minor child, a parent or legal guardian
must sign this Warning, Acknowledgment and Notice for each minor child
and the minor's name must be printed next to the parent or guardian's
name.
In case of emergency please notify:
Printed Name:
Telephone Number and Address
Acknowledged and agreed to this _____ day of _________, 20_____
.
Printed Name:
Signature:
-----Original Message-----
From: Dan Tull [mailto:dantull at numail.org]
Sent: Wednesday, October 13, 2004 7:06 PM
To: wayne coe
Subject: Fw: [TheForge] Liability waiver suggestions
I'm not sure even I would sign this one.
dan tull
georgia
abba, afc, S.C. psba, obg,sofa
----- Original Message -----
From: "Michael H. Murphy" <blacksmith at comcast.net>
To: "'Sponsored by ABANA'" <theforge at mailman.qth.net>
Sent: Wednesday, October 13, 2004 6:39 PM
Subject: RE: [TheForge] Liability waiver suggestions
>I have taught a couple of beginner classes at our local historical
museum,
> and we had them sign a waiver. I don't know if it's really legal, or
how
> well it would stand up in court (I haven't had an opportunity to find
> out --
> thanks to all the gods of smithing!), but here's the text.
>
> Waiver of Liability
>
> I am aware that blacksmithing is hazardous, and have been informed
that
> improper use of tools and/or techniques used in this class can result
in
> injury. I agree not to hold the Tallahassee Museum of History and
Natural
> Science or Michael Murphy liable for any injuries sustained during
this
> workshop, even if they result from negligence on the part of Museum
> employees.
>
>
>
> Print Name:__________________________________
>
>
> Signature:___________________________________
>
>
> Signature of Parent or Guardian (If under
> 18):_______________________________________
>
>
> Date:_____________________
>
> Hope this will help.
>
> Murf
>
>> -----Original Message-----
>> From: theforge-bounces at mailman.qth.net [mailto:theforge-
>> bounces at mailman.qth.net] On Behalf Of Frederick Faller
>> Sent: Wednesday, October 13, 2004 8:33 AM
>> To: Sponsored by ABANA
>> Subject: [TheForge] Liability waiver suggestions
>>
>> I have been asked to teach a young woman who wants to
>> learn basic blacksmithing as an extracurricular
>> project for school. I have spoken with her parents
>> about the "inherent dangers of blacksmithing" which we
>> all know can be managed. I am exclusively a "hand
>> smith" (no power tools - yet) so the dangers are
>> reduced somewhat. I do not want to get involved in any
>> regulatory issues for my smithy to make it a student
>> or apprentice fit place.
>>
>> The parents have agreed to sign a waiver,
>> acknowledging the dangers. Any suggestions?
>>
>> Anyone have a sample waiver wording I could borrow?
>>
>> Frederick Faller
>>
>> =====
>> Frederick W. Faller
>> Shiloh Forge Ironware http://users.rcn.com/ffaller/SFI_web.htm
>> www.immerland.com
>>
>>
>>
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>
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