Jul 22

Zipline Liability Waiver

Liability Waiver Comments Off on Zipline Liability Waiver

Why Do you Need Zip Line Liability Waiver?

Going on Zip Line tours is fun; however, any outdoor adventure activity poses natural risks. Clients can get reckless when overcome with fun that they forget to abide by safety measures put in place to secure them from various injuries. You need a liability waiver your client will sign so you can protect yourself and your investment from some injuries or fatalities due to your client’s recklessness or utter disregard of safety measures.

 

What is Zip Line Liability Waiver?

A Zip Line liability waiver is a legal document that your company can have a lawyer prepare for you which every individual that wishes to use your zip line tour facilities must duly sign before he can have access to your facilities. Zip Line liability waiver lets your client know the inherent risks and dangers in using your zip line facility. The documents will let the client know beforehand that these dangers exist and should he agree to use your facility, he is waiving all rights to sue your company if he becomes a victim of these risks involved with the use of your facility.  A client that signs your waiver will give up the right to hold you or your business responsible in case of injury or death.

 

Implication of Liability Waiver Form

Every participant needs to sign your waiver form before he can be permitted to participate in your Zipline facility. By signing the participant liability waiver form, the participant is agreeing to assume any and all risks of bodily injury, including death, or damage to property that may arise out of the hazardous nature of the activity in which they are participating.

Since Zipline activity requires participation in physical exercise which is by nature, highly physically demanding; your company may need to ask your client to sign “Medical Waiver” in addition to liability waiver showing that the participant is free of medical or physical conditions which might create undue risks to themselves or others in the course of using your facility.  This form is important since many of the activities are expected to challenge the participant physical fitness and cause surges in blood pressure and pulse rates. It is therefore recommended that every participant must be free from heart disease or any other disease for that matter.

However, since your company may not have the ability to determine the health condition of each participant, it becomes important that every participant signs a medical waiver form showing that they are free from every medical condition that might lead to undue risks to themselves and others.

 

Inherent Risks in Zip Line Activities

Zip lines are high cable traverses which make use of safety harnesses and associated hardware. Participants in zip lines are challenged with the difficulties of stepping off a high platform or tower, overcoming a fear of heights, and other risks.

All activities in zip line tours are designed for use by participants of average mobility and strength who are in reasonably good health. There are some health concerns which may impair the safety and well-being of the participants during these activities, such concerns include:

  • Obesity
  • High blood pressure
  • Cardiac disease
  • Coronary artery disease
  • Pulmonary problems
  • Pregnancy
  • Arthritis
  • Heart conditions
  • High blood pressure
  • Neck and/or back issues
  • Dizziness
  • Seizures
  • Debilitating fear of heights
  • Tendonitis
  • Prior head, back or neck injuries
  • Joint and Muscular-skeletal problems
  • Psychological and psychiatric problems

 

Participants with above health conditions are not supposed to participate in zip line activities. However, some of these conditions are not visible and in most cases, stubborn clients with disregard for their health will like to participate despite warnings that they should stay away due to their health concerns.

Serious injuries are not common in these type of activities, nonetheless, the risk of injury or death certainly exists, which can arise from falling off the line, contact with another participant or fixed objects. A lot of risks are inherent in these activities but it does not mean they are going to happen. However, it still pays to guard against them.

How To Prepare Waiver Forms?

In order to prepare a waiver form that will completely exonerate you and your business from all liabilities, you need to talk to your lawyer or insurance company. These two people will be able to capture the risks associated with your business and make it legally binding for anyone that signs the form.

Is Zip Line For Kids Dangerous?

Kids that are in good health condition and have no fear of height can participate in zipline activities. However, any kid less than 12 years or under must be accompanied by an adult on the zip line. Those under 15 must have an adult with them on the property but not necessary on the zip line.

Anyone less than 18 years of age must have his parents or legal guardian sign the liability waiver form on his behalf.

Cost of Zip Line Insurance

Zip lines are very fun and can be safe when handled by a good business owner. However, most insurance operators are finding it difficult to get an insurance company to cover them. This is because of the inherent dangers in this type of business. It can be very frustrating for those clients because of how important having insurance is for their business.

When it comes to insuring Ziplines, there are some questions that need to be addressed such as

  • How tall is the zip line?
  • How many people are going to be riding the zip line per year?
  • What are the overall gross receipts for the company in order to judge the risks involved?

All these questions need to be addressed before a zip line operator can be granted insurance. These questions are the factors that will determine the cost of insuring your zip line business.

Why Do You Need Zip Line Insurance?

You need to protect your business from unforeseen circumstances and lawsuits. In 2008, a man in his early forties fell from a zip line into the dirt below and died when the zip line seat he was on snapped, his family is using the zip line company. Another incident also occurred in 2013, a man crashed into a tree while participating in zip line activities, he sued the company for millions of dollars.

You need to protect your business against these types of lawsuits and other lawsuits that may arise against your business. You can find a good insurance company that is willing to provide a comprehensive and affordable insurance for your zip line business.

Below is an example of Zip Line Liability Waiver

ZIPLINE ACCIDENT WAIVER AND RELEASE OF LIABILITY
RELEASE/INDEMNIFICATION OF ALL CLAIMS,
COVENANT NOT TO SUE AND HEALTH QUESTIONNAIRE
NOTICE: This is a legally binding agreement. By signing this agreement, you give up your right to
bring a court action to recover compensation, damages, or obtain any other remedy for an injury to
which you or your property or for your death, however caused, arising out of your, or your
children’s, participation in Denver Zipline Tours activities now or any time in the future. Carefully
read, complete, and sign before participating in any activity organized by Denver Zipline Tours.
Name___________________________________________ DOB _________ Sex M or F
Address ________________________________________________________________
City_________________________ State_____ Zip ________ Country ____________
Email __________________________________ Phone #_________________________
Emergency Contact Name:____________________________ Ph#_________________
I ACKNOWLEDGE AND AGREE for myself and as parent/guardian of my children, heirs,
representatives, executors, administrators, attorneys, and assigns, that the participation in any activity
organized by Denver Zipline Tours requires that I first READ AND SIGN this waiver, release of liability,
indemnification agreement, and covenant not to sue. I AGREE to participate in the activity(ies) in a
responsible manner fully realizing the inherent risks associated with the below activity(ies).
I ACKNOWLEDGE AND AGREE that zipline rides (collectively, the “Activities”) are inherently
dangerous and fully realize the dangers of participating in such Activities and I FULLY ASSUME all risks
associated with such participation including, by way of example, and not limited to, the following: the
dangers of collisions, abrupt breaking, the dangers arising from surface hazards, equipment failure,
inadequate equipment, the released parties’ own negligence, weather conditions, encounters with animals of
any kind, and the possibility of serious physical and/or mental trauma or injury associated with the
Activities.
For myself, my heirs, representatives executors, administrators, administrators, attorneys, assignees, and
successors-in-interest (collectively “Successors”) I HEREBY WAIVE, RELEASE, DISCHARGE,
HOLD HARMLESS, PROMISE NOT TO SUE AND AGREE TO INDEMNIFY DENVER ZIPLINE
TOURS, JEFFERSON COUNTY, BEAVER RANCH and their members, directors, officers, managers,
agents, employees, attorneys, and independent contractors (collectively, the “Releasees”) from any cause of
action, claims, damages, (including medical expenses and other costs or fees including attorneys fees) or
demands of any nature whatsoever, including, but not limited to, a claim of negligence, which I, my heirs,
children, representatives, executors, administrators, attorneys, and assigns may now have, or have in the
future against the Releasees, on account of personal injury, property damage, death, or accident of any
kind, arising out of or any way related to my (or our) use or participation in the Activity(ies), or travel to
and/or from the Activity, whether that participation is supervised or unsupervised, however the injury or
damage is caused, including, but not limited to, the negligence of the Releasees.
I AGREE it is my sole responsibility to be familiar with the trails, rules and any special regulations. I
understand and agree that situations may arise during the Activity which may be beyond the immediate
control of the organizers, and I must continually act so as to neither endanger myself nor others. I accept
responsibility of the condition and adequacy of my equipment. I will wear a helmet when required that can
protect against serious head injury, and assume all responsibility and liability for the selection of such a
helmet. I have no physical or medical condition which to my knowledge, would endanger myself or others
if I participate in this Activity, or would interfere with my ability to participate in this Activity. I also
acknowledge and agree that I am required to wear appropriate and protective clothing while performing the
Denver Zipline Tours, LLC 2013-2014
P.O. Box 16969
Golden, CO 80402
Phone: (303) 984-6151 denverziplinetours.com Email: [email protected]
Activity. I agree not to distribute or post pictures or videos of others without prior consent. I understand
that Denver Zipline Tours is not responsible for any lost or stolen items. I AGREE, for myself and my
Successors, that the above representations are CONTRACTUALLY BINDING, and are not mere recitals,
and that should I or my Successors assert my claim in contravention of this agreement, the asserting party
shall be liable for the expenses (including legal fees) incurred by the Releasees in defending against such
claims. This agreement may not be modified orally, and a waiver of any provision shall not be construed as
a modification of any other provision herein or as consent to any other provision herein as consent to any
subsequent waiver of modification.
I voluntarily choose to zipline and,
I am at least 5 years of age and weigh less than 225 lbs Y / N
I understand and accept the rules, regulations, requirements, and dangers of this activity Y / N
I am in good physical condition and have no medical or physical limitations such as allergies,
fear of heights, pregnancy, heart conditions, recent surgeries, etc. and am not under the influence
of any controlled substances such as alcohol, marijuana, prescription medication, etc. that would
endanger me or others
Y / N
I agree to follow all instructions provided by DENVER ZIPLINE TOURS representatives Y / N
CONSENT AND RELEASE OF PARENT OR GUARDIAN (FOR PARTICIPANTS UNDER 18
YEARS OF AGE)
I am the parent or guardian of___________________________________________(child). I hereby certify
that I and/or my child or children are in good health that I and/or my child or children have no physical
limitations which would preclude safe participation in the Activities, and I consent to my and my child’s or
children’s participation. I HAVE READ AND UNDERSTAND the release agreement. I further
understand that the terms of this agreement are legally binding and I certify that I am signing this
agreement voluntarily after having read the agreement. I HEREBY RELEASE AND SHALL DEFEND,
INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM EVERY CLAIM AND
ANY LIABILITY that I or my child may allege against the Releasees (including reasonable attorney’s fees
medical expenses) as a direct or indirect result of injury to me or my child because of my child’s
participation in the Activity, whether caused by the negligence of the released parties or others. I AGREE
NOT TO INITIATE LITIGATION AGAINST DENVER ZIPLINE TOURS, LLC, JEFFERSON
COUNTY, BEAVER RANCH or any Releasees on my behalf or my child regarding any claim arising from
my child’s participation in the Activity.
Participant’s Printed Name
___________________________________
Date Participant’s Signature
(if over the age of eighteen)
Signature of Parent or Guardian of
Participant (if under the age of eighteen)

Jul 05

Drone Liability Waiver: Choosing Insurance Company to Avoid Any Lawsuits

Do you decide to buy a drone? Unmanned aircraft or drone now becomes a popular thing among the people. Since there are so many people who already have personal drones, those drones may be dangerous for the public just in case the drones fall down and hit some people. Some of the companies use the drones for business, so they must consider drone insurance as an important thing. If you want to use a drone for commercial purposes, you must really need a drone insurance. If you buy a drone just want to fly around your house or at a local park, so the insurance will cover you. Some insurance companies may provide unmanned aircraft as the classification to be covered.

Nowadays, there are so many people who use drones in the urban area, which is the reason why drone liability waiver is the really important thing to consider. Some insurance companies have been changing their policy regarding the drone ownership. Therefore, if you decide to buy or own a drone someday, you have to make sure that you really know the drone ownership responsibility. This is also important for those who want to use the drone for business where you must need an aviation liability insurance. Nowadays, some of the US insurance companies have been providing unmanned aircraft insurance for those who use a drone for a certain condition.

How much does drone insurance cost? Talking about the cost of the drone insurance, it all depends on the management of the insurers. Some insurance companies provide affordable insurance service, and the other insurers offer you an expensive service. Somehow, money is not a big deal for some people who decide to own a drone. Some of them keep trying to use a personal drone insurance to save them from any lawsuits. This insurance is something that is essential for those who use drones on a large scale. Mostly, for those who use the drones for business such as delivery business, movie maker business, or even personal drone ownership. Personal drone insurance gives a guarantee to the owner just in case the drone makes any people feel harmful. As well as the commercial drone insurance which can give a full protection to any drone activities done by the owner.

What guarantees that are given by insurance company to the drone owner? There are some responsibilities that are given by the insurer towards the drone issues. The first is a crash issue. When you fly your drone and then the drone system is error and cause it to fall down, so the insurer has a responsibility to replace the drone. You will get drone replacement insurance where an insurance company will take responsibility for it. The second is the harmful issue which causes somebody gets injured. Since you have been registering your drone to an insurance company, all of the injury that is caused by the insured drone will be guaranteed by the insurer. So, the drone owner does not take any responsibilities anymore because everything has been counted on the insurance company. Those are two samples of insurances that are offered by a certain insurance company.

Drone quad copter insurance does really become the best option for those who cannot make sure that the drone can give any safety for the user. However, Drone liability waiver is valid for the drone manufacturer, which means that the manufacturer has no responsibility towards the mistake that is made by the user. For example, when you fly the drone in the public area and then it falls down and makes someone gets wounded, so the manufacturer will not take any responsibilities towards the lawsuit. It is all your responsibility along with the drone quadcopter insurance company. So, everything which is related to troubleshooter will be handled by the insurance company.

Thereby, if you really wish to have a drone and want to fly with free, you should not forget to register the drone to a personal drone insurance. No matter what the use of the drone, either it is used personally or commercially, you are strongly recommended to come to an insurance company to make everything settled. Hobby drone insurance will be really useful to save you from any lawsuit just in case something bad happens to the drone.

Nowadays, some countries have been changing the regulation toward the drone issue because the drone sometimes can endanger people life. Therefore, some insurance companies also have been changing their services regarding the drone. Does drone insurance really give an advantage to the drone users?

Talking about the drone insurance advantages, it must be really beneficial for the drone owner. By having such an insurance service, a drone owner will be feeling more secure while flying the drone. However, it does not mean that you can fly the drone arbitrarily. You still have to be careful when flying the drone in the public area. You should not crash your drone on purpose because it is not a good thing to do. You have to be aware when you use the drone for your business or just for fun. If only you find that the drone system does not work properly, so you can contact the manufacturer to claim the warranty. This must be done for you safety. You never know that the drone will harm people around you or it may fall on the top of your neighbor house which can make the roof damaged. So, before the drone harms anything, you have to check the functionality of your drone.

In summary, Drone liability waiver will make the manufacturer free from any lawsuit because when you have already bought the drone, everything will your own responsibility. Therefore, in order to avoid any lawsuits that may happen, you can register the drone to a drone quadcopter insurance company and you can put all of the responsibility to your insurer. By doing so, you will be feeling more secure and no feeling worry while flying the drone anywhere you wish.

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