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No Fun Before You Sign: The Ugly Truth About Liability Waivers & Recreational Activities

Aug 07, 2015

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Lifestyle

  1. 1. nofunbefore yousign: theuglytruth aboutwaivers &recreational activities
  2. 2. beforeyoupartakeinanysummerfun, you'llprobablybeasked tosignsometypeofwaiver.
  3. 3. activitiesthatoftenrequirewaiversinclude: SNORKELING KAYAKINGPARASAILING JETSKIRENTALS SKATEBOARDING WHITEWATERRAFTING EXTREMEOBSTACLECOURSES DEEPSEAFISHING SCUBADIVING MOUNTAINBIKERENTALS PARAGLIDING SKYDIVING PADDLEBOARDRENTALS
  4. 4. Most of us don't read it - we just sign after the big X on the line. here'swhatyouneedtoknow aboutwaiversbeforeyousign& indulgeinrecreationalactivities.
  5. 5. awaiverisavoluntaryrelinquishmentorsurrender ofsomeknownrightorprivilege. It's also know as an express assumption of risk In this case, you're agreeing that you'll assume any risks associated with the activity you're about to do whatarewaivers?
  6. 6. liabilitywaiversarethemostcommon. When you sign, you acknowledge whatever risks are involved in your participation of an activity. The waiver attempts to remove legal liability from the business or person responsible for the activity - the jet ski rental place, your scuba instructor, etc. liabilitywaivers
  7. 7. whenyoudotheserecreational activities,youputyourselfatrisk. whenyousignaliabilitywaiver, yousignawayyourrighttosue ifsomethinghappenstoyou.
  8. 8. Thisisfromastandardwaiverandreleasefromliability forextremesportsthatbusinessescanpurchaseonline: I understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims for damages, injuries and death sustained to me or my property, that I may have against the aforementioned released party to such activity, including claims in tort, contract, equity or otherwise.
  9. 9. howwaiversareenforceddependson State law The language of the waiver The injury itself enforceability threemainelements:
  10. 10. inmoststates,sportprovidersareprotected Crashing while mountain biking Decompression sickness after scuba diving Drowning while white-water rafting enforceability fromliabilitywhenaninjuryoccursasa resultofan"inherentrisk"
  11. 11. companieshavegottenverygoodatdrafting bulletproofwaiversforthesetypesofaccidents. So is there any recourse? It depends. How waivers are enforced is based on several elements, including: State law Language of the waiver The nature of the injury itself In some cases, if you can prove the activity provider was grossly negligent, you may be able to pursue legal action.
  12. 12. Failure to correct a problem after it's been reported - such as under-staffing or under-maintained equipment/facilities Prioritizing profit over the well-being of participants grossnegligence signsofgrossnegligence: Before you sign, make sure you arent also agreeing to give up your right to recover damages if the company or individual was grossly negligent and you were injured as a result.
  13. 13. theburdenremainsonyou, astheparticipant, toreadthewaivercarefully beforeyousign.
  14. 14. protectyourselfbydoingresearch Research the activity provider for accident history, previous lawsuits, etc. Ask for clarification if you don't understand something in the waiver Read the entire waiver carefully & weigh the risks beforeyousign &askingquestionsbeforeyousign.
  15. 15. FORMOREINFORMATION ONTHISTOPIC onthelatesthealth,insurance &disabilitynews&tips twitter faceboook google+ linkedin
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