Oct 14

Why Do You Need Fitness Liability Waiver?

You may want to join a fitness program at a gym and the fitness professionals ask you to fill out a liability waiver for you to join the program. A liability waiver is a legal document in which you state to be ready to join the program and responsible everything that may happen to you. Suppose you have registered fitness liability insurance, then you are no need to worry because the insurer will bear everything for you. So, why is fitness liability insurance is so important and why you have to fill out the fitness liability waiver when joining a gym program? Here, we would like to inform you about fitness liability insurance and free fitness liability waiver when you want to hire a personal trainer for your fitness activity.

Fitness Liability Insurance

Fitness liability insurance is an insurance program which is provided for those want to join a fitness program but they really want to be protected. This insurance program is really needed when do not want something bad to happen to you or at least there is an insurer that can guarantee your safety. Actually, this insurance covers everything that may happen during the fitness activity such as an accident, sexual abuse, body injury, and much more. So, when you hire fitness professional and your personal trainer makes some mistakes that harm you, then you can claim your insurer to take responsibility. This insurance will cover bad things just in case you experience them. So, what is the relationship between fitness insurance and fitness liability waiver?

Fitness Liability Waiver

Fitness liability waiver is a legal document which is needed when you want to join a program to make sure that you will take responsibility for any bad things that may happen to you. So, you have to fill out the release of liability with your statement before you hire a personal trainer in which you will be responsible for your own injury, bad things, and accident that you will get during the training. After you fill out the generic fitness liability waiver form, then you have no right to ask for responsibility to your trainer just in case you get a fatal injury. You can go to the liability waiver fitness center to fill out the agreement. Commonly, when you want to join a fitness group, the fitness professionals will ask you to go to the liability waiver fitness center to make sure that you are ready to join the program. Otherwise, you are not allowed to join it because the program owner does not want to take responsibility towards bad things that may happen to you.

Sometimes, you can also get free fitness liability waiver template that you can fill out by yourself before joining the fitness program. When you sign the generic fitness liability waiver form, then you will have your own risk just in case you get injured during the program. This also works when you hire a fitness personal trainer who will train you at home. In this case, you have to fill out a personal training liability waiver because your trainer does not want to take responsibility towards any injuries, accident, and sexual abuse that you may experience during the training. So, you cannot ask your trainer to be responsible just in case your legs are broken during the fitness training. It is your entire fault, not the trainers.

However, despite you have already signed the liability waiver, if you are registered with fitness liability insurance, then you can claim your insurer to take responsibility. Thus, your insurer will pay everything for the medical treatment until you get recovered. This is why fitness insurance is so important when you want to be protected. Certainly, you must pay the monthly fee to the insurer to get this insurance. You can find your own insurer that offers affordable cost insurance service.

Fitness Waiver Example

In the form of the fitness liability waiver, you have to complete the paper and read it carefully before filling it out. You can read the following sample of Zumba fitness liability waiver that you have to fill out.

I am……., hereby agree to the following:

  1. That I am ready to participate in the exercises, fitness program, Zumba Classes, or any fitness program that I want to participate.
  2. I understand that I will take all of the responsibilities and consult my own doctor related to my participation in any fitness program. I can make sure that I am physically healthy and I have no medical condition that may prevent my program participation
  3. I have already got a permission to participate in any fitness class and I agree to take full responsibility for any risks, damages, injury, accident, and any bad things which I may get a result of participating in this program.
  4. I am sure that I have got permission to participate in any fitness program I voluntarily, knowingly, and expressly waive any claim I may have against the instructor, owner or insurer or any Zumba fitness instructor for damages and injury that may occur during the program.
  5. I, on my legal representatives’ forever release, discharge, waiver, and covenant for not to sue the instructor, trainer, or owner any injury or death caused by their acts.

Those are five agreements that you have to read before you join the Zumba fitness program or hire a Zumba fitness instructor. After you fill out the blank space of the Zumba fitness liability waiver and sign the paper, then you have no right to claim any issues that may happen because every bad thing like injury, death, accident, and damage is your responsibility. Unless, you are registered in other third party fitness insurance that has another agreement and covers your injury, so you can claim it to your personal insurer that has no relation with your fitness program owner. So, before yo

Format of Ftness Liability Waiver

“I, _______________________________, have enrolled in the personalized health and fitness program offered through Zumba Fitness. I recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this exercise program. I acknowledge that my enrollment and subsequent participation in purely voluntary and in no way mandated by Zumba Fitness.”

“In consideration of my participation in this program, I,_________________________, hereby release Zumba Fitness and its agents from any claims, demands, and causes of action as a result of my voluntary participation and enrollment.” “I fully understand that I may injure myself as a result of my enrollment and subsequent participation in this program and I, ___________________________________, hereby release Zumba Fitness and its agents from any liability now or in the future for conditions that I may obtain. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness that I may incur, including death.”

I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS.

___________________________ (Participant Signature)
___________________________ (Date)

To download the free Liability release form in PDF format, please click Free Fitness Liability Waiver.

Aug 02

The Three Year Limitation of Claim

Beaman, Richard (2010-10-14)

Life is full of uncertainties; there are things that happen that we can never predict may happen but they happened after all. That is why it is necessary we protect ourselves at all times, after all, it is a “dog eat dog” world out there.

Personal injuries can happen for a number of reasons. In some cases, this injury is as a result of the recklessness of another party, in such scenario, what happens then? It is important that the victim of the accident does not suffer any loss whether financially, physically, mentally or otherwise as a result of their injuries. These losses can arise as a direct result of medical expenses for treatment of the injuries sustained by the individual.

No one knows that something bad may happen to us because we make a mistake or due to an accident. This mistake or accident usually causes personal injury and also can cause defects in ourselves. For example, a road accident that may make you get injuries. Sometimes, it is not entirely our fault. Perhaps, we get an injury caused by the mistakes of others. Someone makes a mistake and we get the bad impact. So, what can we do when we or our relatives become victims because of the mistakes of the other people? Automatically, we will try to prosecute the offender or the mistake maker or have a personal injury settlement that he should be responsible for his actions. Filing a lawsuit might be committed, but what if the offender also gets an injury or even if the offender dies due to the accident? Therefore, you may need a personal injury insurance so that you can get your personal injury claim to the insurer.

What is Personal Injury Anyway?

According to the law, personal injury occurs when an individual’s body or mind have been injured. Mostly, the cause of the injury is usually as another person’s behavior (negligent or intentional). In recent times, car accidents and other types of car collisions make up the bulk of the personal injury cases. However, the personal injury law applies to any situation in which a person suffers harm due to the negligence of another person or entity. Again, personal injury lawsuits are also applicable in a situation where a company sold defective consumer product to a costumer, and also in cases of dog bites.

There are 2 major types of personal injuries. A personal injury can be a physical injury, disease, illness, or a psychological illness. It can also be as a result of a traffic accident, injury caused by using faulty products or services, injury at work, or an injury caused by tripping and falling.

Most personal injury occurs as a result of traffic accidents. In the United States, a claim for compensation in case of personal injury applies for 3 years after sustaining the injury. If an 18-year old sustains a personal injury, he/she must file a claim before turning 21.Police record all cases of personal injury as a result of a traffic accident. The personal injury that occurs at a workplace must be recorded by the employer. You are required to inform both your insurance company and your doctor about any personal injury you sustained. A personal injury that is not resolved accordingly can lead to further complications later on.

Before we discuss a personal injury law, personal injury claim, personal injury insurance or anything which are related to personal injury, you have to understand some types of personal injury which may happen.

Types of Accidents

There are different types of personal injury you can file. These claims will not only cover your medical expenses but also will help you to get the financial compensation you deserved.

  1. Road Traffic Accidents

Nobody wants to get an injury while they are driving their cars on the road. However, a car crash may happen accidentally due to the negligence of a driver. There are so many personal injury cases due to the road traffic accidents and cause casualties. When a road traffic accident happens, one or two persons usually die at the location while some of the others survive. Sometimes, it is not your mistake, your may be just a victim who gets the impact of the negligence of the others.

Car accidents or collision is the most common type of personal injury. In fact, more than 70% of all personal injury cases involved vehicle accident. You can file for personal injury claim when another party injures you physically or emotionally as a result of reckless driving.

  1. Accidents at Work

In addition to the road, personal injury case could also occur when a person is working at an office. Therefore, when you work in a company while your position has a great risk, then you should register yourself with a personal injury insurance service. Usually, a big company where you work at, they provide insurance to their workers. For instance, you may slip on your office stairs while you are walking and it causes injury to your head. When this happens, then the insurance company will bear the cost of your medication until you recover.

A personal injury sustained at workplace can be categorized as a construction site, machine injuries and few other types. You can file for personal injury claim against your employer. Note; some employers may require you sign personal injury waiver form before they employ you; you are not entitled to sue the employer if you’ve already signed the waiver form.

  1. Tripping Accidents

Tripping accident is a minor accident that causes you to get slipped or tripped until you fall. This accident usually happens when you’re working in the office or maybe you are just a visitor who visits a company and you get tripped accidentally when walking in the room. If you get a little tripping accident, you may just be embarrassed. However, what if the tripping accident makes you injured? You may file a lawsuit against them and ask for their accountability. Still, all has to go through the correct personal injury law so that you cannot only blame them. Here, the insurance company will take over the case.

You can sue for personal injury settlement if you sustain injury as a result of fall on icy sideway or unaligned staircase. Note that this depends on the local laws whether the owner liability laws permits you to make this kind of legal claim.

  1. Product Defect Accidents (product liability)

Most of the companies in the world are registered with some liability insurance services. Why product liability insurance is so important? This is so important because we never know that our products on sale in the public may harm the consumers. For instance, your customers may get sick after consuming your product, so they may file a lawsuit. Since you have registered your company with a product liability insurance, so the lawsuit will be covered by the insurance. You do not need to worry to pay the compensation because the insurer will do it.

You can file this type of claim when many people bought a certain product but get injured or some kind of damage from using the product. In this situation, you can file a case against the manufacturer of the product. The manufacturer can compensate you with a better product or give you cash compensation.

  1. Assault Claims

When you got bitten by a dog or other domestic animals, you can sue the owner under personal injury law. However before suing, note that the law in regards to animals varies from state to state, so we recommend that you contact your personal injury lawyer to you guide you in making your claim.

Damages of Personal Injury

There are various types of damages common in personal injury cases. Most personal injury cases are categorized as “compensatory” which implies that they are intended to compensate the person who filed the claim for what was lost due to the accident or injury. The compensation is awarded so as to make the injured plaintiff “whole” again from a monetary perspective. What this means is that the law is trying to put a dollar figure on all the consequences of accidents and their effects.

Some common types of damages of personal injury include:

Measurable Costs

  1. Medical expenses

When you get Injured after you get an accident, you have to spend your money to pay the medical treatment. If you have registered with a personal injury liability insurance service, then you do not have to worry when you have an accident because the insurance company will cover all your medical expenses. If you have a company and registered with an insurance service and if someone gets injured due to your company’s fault, the insurer will bear the cost of the victim’s medical treatment.

Almost all the personal injury damages awarded includes the cost of medical treatment for the injured party or reimbursement for out-of-pocket expenses the plaintiff used in seeking medical treatment.

  1. Lost Earnings

Another possibility when you have an accident is that you will lose a chance to earn money because your time has been spent to solve your injury issue. However, it may not be your fault so you can sue the offender. In some cases, you can also claim your insurer to ask for personal injury liability insurance, except you have an agreement or you signed a waiver of responsibility for injury for certain injury excluded.

If the injury has an impact on your salary or wages both now and in the future, you may be entitled to compensation for the lost earnings. A damage given based on future income is classified as compensation for an accident victim’s “loss of earning capacity”.  Note that you cannot claim for loss of earnings for the first seven days after the accident. You are entitled to receive only eighty percent of the net loss of income minus any accident benefits received. You can only receive 100% of your gross loss of income after the trial.

  1. Property damages

The last possibility when you get an accident is that you will get your property damaged or make other party’s property damaged. If you are a company and registered with product liability insurance, then the insurer will replace all of the damages that occur on both sides. It may also work on personal injury liability insurance where you can also claim it to your insurer for replacement.

If your car, clothing or other properties were damaged as a result of the accident, you are entitled to receive reimbursement to repair those properties. The compensation is usually a fair market value of the property that was damaged.

There are other types of damages which are not measurable. However, you are entitled to file a claim for such damages under the personal injury law. Such types of damages include;

Not Measurable Costs

  1. Pain and Suffering

When a person gets in an accident, then it would be could feel the pain and suffering. It belongs to non-measurable cost. There is a possibility that when you get an accident, the insurer does not refer to this benchmark to bear the cost of your medical treatment.

You can file a claim and receive compensation for the pain and suffering you endured as a result of the accident. This type of damages is called non-pecuniary general damages.

However, you need to meet certain threshold before you can be entitled to receive such compensation, the injuries sustained in the car accidents must have resulted in:

  • Death
  • Permanent body disfigurement such as scars or loss of a limb
  • Permanent impairment of vital physical, mental, or psychological function.

You must meet these thresholds before you can file a claim.

  1. Loss of Consortium

When you work together with other companies to develop a project and then an accident happens and causes damage to some property, so this will be categorized as non-measurable costs. It means that the loss cannot be measured financially.

  1. The Effects of Defamation

When you feel a loss for defamation, then you probably cannot ask for monetary compensation to someone who has disfigured your name. Since this also belongs to non-measurable cost.

  1. Emotional Distress

When you have an accident and get emotional distress, then you can not ask for monetary compensation for the pressure that happens to you. 

Time limitation – 3 Year Limitation of Claim

When you get an accident while working, then you will get 3 years limitation of claims. It will start from the first time you get an accident and you have a chance to claim up to three years ahead. After three years, your claim may not be valid anymore. Therefore, it is really important to discuss with solicitor concerning to the time of the claim limitation.

You may have seen TV or internet advertisement asking you “If you have had an accident in the last 3 years?

This is because, under the Personal Injury Law, you have a 3-years time limit to start a court case for the injuries you sustained as a result of the accident. This means that after 3 years starting from the date the accident occurred, you can no longer sue the other party whose negligence or recklessness caused the accident.

However, there are few exceptions to this rule:

  1. Your 3 years time limit will not start if you are under 18 when you sustained the injury. This means that you can have 10 to 15 years to start a court case for an accident involving minors.
  2. If there is an injury such as industrial deafness as a result of the accident, your 3 year period will only start from the time you knew or suppose to have known that you had a claim.

Personal Injury Insurance

A car accident can cause damage more than your ordinary insurance can pay for. When you add up the medical bills, lost earning damages and other expenses it add up and can do a lot of damages to your bank account. The best way to protect yourself is by getting Personal Injury Protection Insurance otherwise known as PIP insurance. This type of insurance can help you pay the cost associated with personal injury claim and even help protect your family and friends after a covered accident.

How It Works

One insurance which can guarantee the safety of your life when you get in an accident is a life insurance company. When you register yourself with a personal injury insurance, then you get the right to claim so that the insurer will cover all the costs of medical treatment until you recover.

With just your standard auto liability insurance, your insurance company can only pay for the costs resulting from a covered accident up to the policy’s limits. In some state, the Personal Injury Protection is required. This type of insurance also known as “No-fault” coverage means that the damage to the car and some of the medical expenses for the policyholder and others in the policyholder’s car may be covered by insurance irrespective of which driver was at fault.

Depending on your policy limit, the PIP insurance may pay up to 80% of medical and other expenses that result from a covered accident. Your PIP insurance may cover

  • Your medical treatment
  • Medical treatment of passengers
  • Medical treatment of those you injured in the insurance
  • Service replacement of person injured in a covered car accident
  • Rehabilitation cost
  • Funeral cost

 

With this type of insurance, you protect yourself against unforeseen circumstances and events that my wiped out your bank account. When a personal injury lawsuit is made, you can deal directly with your insurance company.

Taxation of personal injury settlements

Most personal injury cases are settled before or during the trial. The case is settled once you accept the defense attorney’s settlement offer. As a general rule, the settlement you received from most personal injury lawsuits is not taxable under either state or federal law.

Neither your state or the federal government can tax you on the settlement or verdict proceeds in most personal injury cases whether you  went to trial and won a verdict or not. The IRS tax law excludes losses received as a result of personal physical injuries or physical sickness from a taxpayer’s gross income.

Personal injury settlement may require a tax, non-tax, or a half of tax which depends on the type of the case and the type of compensation for the injury. The taxation status is commonly depending on the existence of the “physical injury or non-physical injury”. The guidance actually has been determined by the Internal Revenue Service but some of the people still have some dispute in the settlements.

Conclusion

When you are involved in an accident and sustain injuries as a result of another person’s recklessness or negligence, it is very important that you know what your options are. Your attorney can help you figure out how to make legal claims. On the other hand, you need to protect yourself against this type of lawsuit in case you are the one that caused the accident. Personal injury law is very complex; you will surely need the help of a legal expert at some point to figure out what you need to do to be protected.

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.

Apr 07

Hold Harmless Agreement

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Why Do you need Hold Harmless Agreement?

A hold harmless agreement is a legal contract meant to free or release single or multiple parties from legal risk/responsibility/liability. In a basic contract, one of the parties fundamentally agrees “not to file suit” or take legal action against the other for certain type of reasons; damages, losses, or expenses that might affect from a specific transaction. A hold harmless contract can be one-sided or it could apply to both of the parties.

Jurisdiction

Hold Harmless Agreements can be handled distinctively in one authority than in another. Some jurisdictions hold that these contracts can deal with claims that occur between the contracting parties independently, while others have maintained that they might only support a contracting party from claims introduced by an entity or a person who is not a party to the contract. In this situation. The hold harmless agreement guarantees that one party won’t try to sue or file suit to the other party for any accusations and obligation that are introduced by a third party.

Let’s Take An Example

For Instance, assume that the two firms have signed an agreement in which firm X (a mobile manufacturer), agrees to hold firm Y (a retailer), harmless for any promises or claims introduced by a third party associated with the manufacturing of the mobile. If a customer buys a faulty phone from firm Y, and consequently sues Firm Y, Firm “Y”could seek options from Firm “X”. Under the specific terms of their agreement, Firm X would be accountable for paying costs linked with the customer’s claims, incorporating legal fees.

When It is Used

A Hold Harmless Agreement is generally used in many different occasions as well as in a variety of business dealings. They are often used to reduce liability between two parties; between construction firms and contractors mostly. Nevertheless, these agreements are also used by individuals like tenants renting an apartment from the party who owns the property. They can occur a lot of different events, or they can be limited to certain issues.

Bottom Line

As a rule, this type of agreement covers any costs or expenses pertaining to a court action or lawsuit; for example, settlement amounts, judgment awards, attorney fees, and court costs. Generally, one does not apply if one party has acted carelessly or intentionally. Actually, a lot of courts have found conditions and clauses that incorporate negligent or intentional behavior to be unenforceable and invalid. Furthermore, hold harmless arrangement are usually not maintained if a party has involved in criminal or fraudulent behavior.

Mar 31

Gun Liability Insurance

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Pros and Cons of Gun Liability Insurance

Gun ownership in America has been subjected under huge debate in recent years. While NRA will probably tell you that it’s their right as Americans to protect themselves (well, and their country too) others are of the opinion that is too much risk to have all and sundry own a gun. One undeniable fact however is that there has been an increase in gun violence in recent years.

There have been cases of school shootings, beach shootings, increased in robbery and other gun-associated violence. On the other hand, there are cases where guns have been used to escape from violence or scare criminals away. From whichever side you decided to look at it, gun ownership by American citizens has it benefits and risk. The bone of contention here is whether the risk outweighs the benefits.

The debate for gun bans and reforms that came to the forefront in the wake of mass shootings that we continue to witness throughout the nation has so far failed to gather enough support from the Congress. The debate is complicated and so far lack answers.

Some gun-control legislation have popped up and subjected to heated debate in the Congress in recent weeks. One of such gun-control legislation is the “The firearm Risk Protection Act” a bill introduced by Rep. Carolyn Maloney, N.Y.

What is Firearm Risk Protection Act?

Rep. Carolyn Maloney argued that having a law that requires individual to own an a gun insurance (just like in the case of car insurance) will help to curb the gun violence just like car insurance has helped to reduce vehicle fatalities because getting insurance will make gun owners to be more careful.

Maloney believes that “An insurance requirement would allow the free market to encourage cautious behavior and help save lives;” She further added that “Adequate liability coverage would also ensure that the victims of gun violence are fairly compensated when crimes or accidents occur.”

Is Maloney right? We will take a look at the pros and cons of having Americans get insurance before owning a gun in America.

Pros: Why should the gun owners need gun liability insurance?

  1. Reduction in the use of legal weapons for mass gun violence

A study by the Mother Jones, of the more than 70 mass shootings in the United States showed that more than three-quarters of the guns that were used in gun-violence were legally obtained by the killers in the last 30 years. Having a tough gun-law would make it hard for everybody to own a gun and potentially prevents these crimes.

  1. Gun controls laws will better protect children and families

In the aftermath of Sandy Hook Elementary School shooting, a grassroot group known as “Moms Demand Action” believes that gun ownership by everybody in American is creating a serious public health crisis that is attacking children. The group went further to show statistics that reveal that almost 8 American children die every day due to gun violence. The group advocates for stronger laws such as gun liability insurance which they believe are the answer to giving adequate protection to children

  1. Background check will reduce guns in wrong hands

Part of gun liability insurance is background checks before owning a gun. According to the group “Americans for Responsible Solutions” which is supported by one-time U.S Rep. Gabrielle Giffords; background checks will prevent domestic abusers, criminals and people with serious mental condition from buying guns. The group is of the opinion that laws that require people to go for background check will prevent nearly 2 million people who should not have gun in the first place from purchasing a gun.

Cons of Guns Liability Insurance

  1. It Favors the Rich and Discriminates Against the Poor

Requiring citizens to get insurance before owning a gun is a law that will widen the gap between the rich and the poor. This means the rich can easily obtain gun for whatever purpose he deem fit while the poor cannot even protect himself. Arguably, the poor may even need the gun more since they are the one that lives in the places with high crime rate meaning that they need gun to protect themselves. The rich can afford to live anywhere with low-crime rate. Furthermore, according the “National Rifle Association’s Institute for Legislative Action“; Self-defense is a fundamental right of every American; making guns impossible to be obtained by the poor is denying them of their rights as citizens.

  1. Criminals Won’t Buy the Insurance Anyway

You cannot imagine someone that intends to rob a bank to go for background check and pay for insurance before getting a gun. Criminals are highly unlikely to buy insurance which implies that victims of gun violence will not receive any compensation. According to Mocsary of Insurance Business America, “There’s no reason to believe a criminal who doesn’t fear criminal sanctions for homicide would fear a penalty for not insuring,”

  1. More guns will reduce violent crimes.

The gun liability insurance law will lead to fewer guns. According to the NRA, this is a bad move since violent crime goes down when more people legally own guns. They argued that the right to carry guns has been on the increase in the United States since early 1990s and it has seen the reduction in violent crime rates. They further said that the number of privately own guns has risen to about 100 million and the nation’s murder rate through 2010 has decreased by 52 percent to a 47-year low. Also, the number of violence crime rates has reduced 48 percent to a 37-year low.

  1. Nearly All Criminal Actions are Excluded from Coverage

Almost all the intentional criminals’ acts are not included in the coverage proposed by Rep. Carolyn Maloney.

According to Mocsary, almost twenty percent of gun violence victims are shot by the criminals at the point of committing a crime themselves. While about ninety-seven percent of deaths resulted from firearms are caused by suicide or homicide – which are not included under liability gun insurance.

Conclusion

Gun liability insurance will not stop gun-violence it will however make more citizens vulnerable to gun violence. Imagine a community with high-crime rate, the probability is that most of the community cannot afford to buy gun with gun insurance policy in place. These people will be subjected to the mercy of criminals who obtain guns illegally from the black market to perpetrate their crimes.

Feb 11

Travel Insurance Waiver

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Do You Need Travel Insurance Waiver?

Trying to find the best travel insurance that suits all your need can be a very daunting task. Again making decision between the single trip deals and annual travel insurance or even going for insurance that grants waiver can likely cause great confusion. This article will provide some guidelines on how you can choose the best travel insurance and help you figure out if you really need to include travel insurance waiver next time you are getting your insurance policy done.

Travel insurance is the form of insurance that is designed to give adequate protection to your health, belongings and even the cost of your trips. Taking annual travel insurance cover is best if you are the type that travels frequently, it will give you the peace of mind that you need. If you are just going on weekend get-away, a single-trip deal is enough to grant you the cover and the peace of mind you need. No matter the type of travel you decided to go for. You will be protected in the case of eventualities such as:

  • Loss of your luggage
  • Flight delays and cancellations
  • Theft or loss of personal belongings
  • Access to healthcare in the event of accident or illness repatriation
  • Injury or death
  • Cancellation of holiday due to sickness

The two type of travel insurance policy includes:

  • Single-trip policy
  • Multi-trip policy

Single trip policy provides adequate cover if you are going for a single continuous holiday which may involve visiting multiple destinations. This type of policy usually has a specific duration of time it can last usually 30 to 60 days period.

Multi-trip policy on the other hands provides protection for those who decide to go on holiday at any time during the annual term of the policy. This type of policy will give you both the peace of mind and financial protection you need during your travels. It last for the whole policy period and covers the whole trips you take during the period of the policy.

 

Do You Need Travel Insurance Waiver To Get Full Protection?

 

Most travel insurers don’t usually cover you for losses that may be as a result of pre-existing medical conditions. However, there are some insurers who will grant you a waiver to the pre-existing medical conditions if you met the guidelines and requirements set by them. There are different types of requirement by different insurers and knowing them will help you decide if you need to get insurance waiver. Again what can be defined as pre-existing medical condition may vary from one insurer to another. However pre-existing medical condition can be defined as seen below:

“Pre-existing medical condition can be defined as any injury, sickness or medical condition that you are suffering from or your travel companion is suffering from for which medical diagnosis, advice, care or treatment was received or recommended within the 180-day period ending on the Effective Date. In other words, it is any injury, disease, sickness or illness that you know about or you suppose to know about before you bought your travel insurance”.

Different insurance company have different terms and conditions for granting waiver to pre-existing medical condition, before you get a travel insurance make sure that you find out if your insurer can grant you waiver to pre-existing medical conditions. Then find out their terms and condition.

 

Here are some samples of requirements by travel insurer before you can secure a waiver:

 

Waiver of the Pre-Existing Condition Exclusion (Please note that this is available for policy holders under Age 80)

The exclusion for Pre-Existing condition shall be made available to our policy holders if this plan is bought within 21 days of the date your initial trip deposit is paid.

Please bear in mind that this waiver does not apply for those who are eighty years of age and above

We will waive the Pre-Existing conditions if you met the following requirements

  1. Purchase our policy at same time you make the payment for deposit needed for your Trip
  2. You enroll in this policy for the full cost of your covered trip
  3. You are declared medically fit to travel at the time the premium if paid.

When you are looking to secure travel insurance plans which provides waiver that suits you, you first need to check if there is any age-restriction like in our example above. The best thing to do is to call the insurer to find out.

You need to be able to travel any time you want. Having a pre-existing medical condition should not be an impediment to your travels as far as you are medically able to travel, that’s the main benefit of getting a travel insurance policy that grants waiver. If you have any medical condition, securing travel insurance policy that gives you full protection including your pre-existing conditions is the best way to stay covered throughout your travel period and also experience peace of mind that comes with being protected.

You need a travel insurance waiver to stay fully protected on your trips. Therefore it is very important that you carry out an extensive and comprehensive research to find out the best insurance company that will grant you the protection you need on your travels including granting you waiver with fewer restrictions.

Jan 31

Health Insurance Waiver

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Health Insurance Waiver Information

A health insurance waiver is basically used to excuse the company or a person issued the waiver (voluntary relinquishment) from participating in necessary health insurance coverage amid a predefined period. The need to purchase insurance is waived by the enterprise that needs insurance from every other entity. The supporting documents as well as a form must be presented before approving a health insurance waiver is considered.

Health Insurance Waiver for Individuals and Employees

People who request a waiver usually do this on the grounds that they, presently, have a medical coverage plan set up that would cover with the mandatory coverage needed. Managers/administrators/companies might likewise require employees who would prefer not to enroll in a health insurance program that is incorporated in a “Competitive Employee Benefits Package”, to sign a health insurance waiver. It is then used to show proof that the company or boss was compliant with compulsory health insurance laws.

Health Insurance Waiver for Students

Many universities and colleges oblige students to acquire health insurance if they are selected according to the credit hours set by regional law. Students must obtain a waiver or enroll in the college’s health insurance plan. Accordingly, if a student does not submit a waiver before the deadline, then he or she has to pay for the health insurance plan bought by the college, even if he or she already has health insurance through another insurance provider. Thus, the main purpose of a health insurance waiver, in this case, is to avoid paying insurance premium that the university or college usually charges all students because of mandatory health insurance laws. If the health insurance waiver is not submitted or granted, then you have to pay extra charges which might be incorporated in the annual college costs.

Requests for Waivers

A few organizations or corporations can likewise ask for health insurance waivers for their commitments to give workers with a specific level of medical coverage. A company can drop coverage if a waiver is granted, or may keep their existing health insurance plan without nettling with minimum required by national or regional laws. But why a few companies request waivers? Simply because it would cause economic problems to cover low wage workers, labors, or part-time workers. Each and every registered company has to meet the minimum health insurance requirement; many businesses argue that they might be forced to cut wages of their workers or lay off them to be able to meet the mandatory requirements. That is why, government organizations that deals with waivers usually approve request for waivers because they see it as a better option for the economy to keep laborers employed instead.

Jan 31

Medicare Waiver

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Advance Beneficiary Notice of Non-coverage (Medicare Waiver)

Advance beneficiary notice, ABN, also known as Medicare waiver is a document received before equipment or treatment service is given. The ABN is to inform the patient (insured) of potential non-coverage. Basically, it declares that the patient has been notified that the medical devices or services requested might not be covered under his or her Medicare plan. In such situation, the patient is fully responsible to pay any costs introduced amid the treatment or for the medical equipment acquired/purchased.

Medicare Cover: Understanding Medicare Parts

Medicare is an incorporation of many parts; A, B, d. For instance, Part A usually cover hospice care, nursing facilities, and hospitalization. Par B often covers some medical equipment, preventative care, and required physician services. Part D generally focuses on optional prescription coverage. So, a Medical insurance plan is not covered fully; however, it is still beneficial.

Medicare Limitations

Sometimes, equipment or services considered medically important by your doctor may not be covered. Vision care and a lot of other medical methods are examples of medically appropriate treatment that are not covered by medical health insurance. On occasion, Medicare might cover the costs with impediments and limitations. For instance, a few services are only covered a particular number of times with a specific period of time. This is where the ABN, or Medicare waiver comes into play.

Advance Beneficiary Notice: What It Actually Means

An advance beneficiary notice does not mean the patient is being rejected equipment or refused treatment. It likewise does not mean that therapy or specified treatment is not important. It implies that the costs incurred might be higher than the normal Co-pay, as medical health insurance does not cover 100% of the expenses. The Medicare waiver, or ABN, gives the patient; the right to acknowledge the possibility that the costs caused may be up-front or out of pocket. It likewise gives the patient the privilege or right to reject the equipment or treatment. Though given an ABN doesn’t mean there are no chances of getting the equipment or services covered as the patient is provided the right to appeal the choice of non payment.

Bottom Line

If a person receives an ABN, or Medicare waiver, the first step is to contact the doctor prescribing the device to be used or service. He or she may consider a few alternatives. Likewise, the physician or doctor can plan a crucial role in the appeal process to confirm the treatment course is relevant and necessary, as well as can help the patient in recovery from an illness or specific ailment.

Jul 31

General Liability Waiver

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Did you know that a general release of liability agreement can allow you to get relief from any liability that derives from a certain event or activity in consideration for an asset or cash payment?

A release of liability or a waiver is actually a form that can protect a company or an individual legally if an incident occurs. This incident could be a permanent injury, a trivial matter like torn clothes and a serious incident such as death. Lawsuits are quite common these days in all legal societies, especially in the United States, so it’s therefore essential to have a general liability waiver in certain situations.

This can be used in a number of different scenarios, including organized trips, sporting events, or other risky activities. The agreement will dictate that the participating party will not hold the individual or organization liable for things such as personal injury, loss of property, or death. It could also be a contractor liability waiver. In any case, a release of liability agreement can help a business or organization from being sued in the event that something goes wrong.

It is important to note that a release of liability has to be dated and signed to be valid. It should include both parties’ names. A copy must be kept by the organization or person hosting an event as well as the participant. If you are interested in using a release of liability template you can check to know the regulations of your state. Just remember to include all the relevant information to have a valid release form.

In addition to above, a contract could have a liability waiver or hold harmless provision as an agreement between parties. For this, one or both parties are agreeing not to hold the other responsible for any damage, loss, or legal liability that might arise under the agreement. To put it in simpler terms, both parties could not sue each other for damages that they might suffer because of the negligence of the other. The provisions in a hold harmless agreement are usually joined with indemnity language.

Many contracts which are used in business also have a waiver of subrogation. Whenever this is required the policy would have to be endorsed. A subrogation endorsement waiver might be added to property, liability, workers compensation or auto policies. Bear in mind that subrogation is actually a right afforded to an insurer that has paid a claim on your behalf or to you. If a party caused a loss an insurance company has the legal right to subrogate against them. This means that the insurer can sue the party that causes the loss to recover the payment that it made to you.

You can do your research online to find and download a general release of liability template or form and customize it to suit your needs.

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