Nov 18

Construction Liability Waiver

To download the free Liability waiver form in PDF format, please click Free Liability Waiver


This Release and Waiver of Liability (the “Release”) is executed on this ____ day of ________, 2009 by

___________________________________ (the “Undersigned”) in favor of Liability Waiver, Inc. its directors, officers, agents, employees, representatives, attorneys, successors, assigns, subsidiaries,

parent companies and affiliates (collectively known as “Liability Waiver, Inc”).

The Undersigned desires access to Liability Waiver, Inc’s manufacturing facility located at 29 Pitman

Road, Barre, VT 05641 (the “Facility”). The Undersigned understands that the Facility is a

manufacturing plant location and may have dangerous conditions, including the presence of

hazardous materials, that may pose significant risks, and that timely medical attention can not be

guaranteed by Liability Waiver, Inc, all of which may involve hazards to the Undersigned, including,

but not limited to, bodily injury, personal injury, illness, death, property damage or other loss.

The Undersigned hereby freely, voluntarily, and without duress executes this Release under the terms below:




1. Release and Waiver

As consideration for gaining access to the Facility, the Undersigned does hereby release and forever discharge, and agrees to defend, indemnify and hold harmless Liability Waiver, Inc from and against any and all loss, damage, expense, liability, claim, injury, settlement, judgment, award, fine, penalty, charge or demand of any nature (hereinafter collectively referred to as “Claim”), either in law or in equity, which arises or may hereafter arise fromUndersigned’s activity on or around the Facility, including any Claim which arises or may hereafter arise from the Undersigned’s ingress and egress in and to the Facility, whether by roadway or otherwise, except, however, not to the extent that the same be caused by or result from the gross negligence of willful misconduct of Liability Waiver, Inc.

 

2. Medical Treatment

Undersigned does hereby release and forever discharge Liability Waiver, Inc from any Claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Undersigned’s activities on or around the Facility, including any Claim that arises from the Undersigned’s ingress or egress in and to the Facility, whether by roadway or otherwise, whether the same be caused by or result from any matter, thing or condition, negligence or fault of Liability Waiver, Inc.

 

3. Assumption of Risk

The Undersigned hereby expressly and specifically assumes any and all risk of any and all activities undertaken in, on or around the Facility, including any means by which the Undersigned accesses or exits the Facility, and releases Liability Waiver, Inc from all Claims relating to or arising out of any bodily injury, personal injury, illness, death, or property damage or other loss resulting from any such activity.

 

4. Insurance

The Undersigned understands that Liability Waiver, Inc does not carry or maintain health, medical, or disability insurance coverage for the Undersigned. The Undersigned is expected and encouraged to obtain his or her own medical or health insurance coverage. Further, Liability Waiver, Inc does not provide workers compensation or malpractice insurance or any other employee benefits to the Undersigned of any kind whatsoever.

 

5. Photographic Release

Undersigned does hereby grant and convey unto Liability Waiver, Inc all right, title and interest in any and all photographic images and video or audio recordings made by Liability Waiver, Inc during the Undersigned’s activities on or around the Facility, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. No reproduction or other use of any such photographs or recordings may be made by the Undersigned without the prior express written consent of Liability Waiver, Inc.

 

6. Other

Undersigned understands and acknowledges that this Agreement is a binding legal document that affects Undersigned’s legal rights and remedies. Undersigned further understands and acknowledges that this Agreement binds not only Undersigned but also Undersigned’s spouse, children, heirs, representatives, distributes, guardians and assigns. Undersigned expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Vermont, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Vermont. Undersigned agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. The Undersigned acknowledges that there is a valid consideration to executing this Release.

 

Any dispute, controversy, claim or question of interpretation arising out of or relating to this Release shall be determined by binding arbitration in accordance with the American Arbitration Association Arbitration Rules as at present in force. The arbitration shall be conducted by a single arbitrator held in Burlington, VT. Either party may conduct discovery, and the arbitrator is empowered to issue discovery orders; provided, however, that all discovery shall be concluded and terminated 120 days following appointment of the arbitrator unless extended by the arbitrator for good cause. Both parties shall have the right to call any number of witnesses to testify before the arbitrator. Such witnesses shall be

subject to cross-examination by the other party or parties and to questioning by the arbitrator. The arbitrator shall have the power and right to grant any appropriate legal or equitable relief (both affirmative and negative in nature) and may award damages, attorneys’ fees, expert witness fees, costs of suit and arbitration costs and fees to the party or parties entitled thereto. The arbitrator as part of the award shall designate a prevailing party and award to said party, in addition to any other relief granted, that party’s fees and costs including reasonable expert witness fees, reasonable attorneys fees, costs of suit and arbitration costs and fees incurred in connection with the arbitration or other proceeding. Undersigned understands that by executing this instrument, he or she is relinquishing certain valuable rights. Accordingly, Undersigned represents and warrants that he or she has completely read and understands the terms and provisions of this Release, has had ample opportunity to review this Release with his or her attorney, has knowingly executed this Release, and that, except as expressly set forth herein, he or she is not relying on any representation or fact made by Liability Waiver, Inc or any other person to induce Undersigned to execute this Release.

 

By signing below, the Undersigned has read, understood, and executed this Release as of the date first above written.

Undersigned: _______________________________ _____________________________

(signature) (Print Name)

Complete Address: _____________________________________________________________

City:______________________________________State:_____________Zip Code:_________

Home Phone: __________________________________________________________________

Emergency Contact : _________________________________Phone:____________________

Company Represented:__________________________________________________________

Nov 17

If you just need a trampoline liability waiver, scroll down to the bottom of this article. Thank you.

How to begin…..

I never had a trampoline as a child, but I really wanted one badly. One of my friends had one, so for that particular reason, his backyard was a popular hangout for the neighbor kids. One afternoon, we were taking turns showing off on the trampoline when I attempted a move that was beyond my skills. Jumping as high as I could, I flipped twice and as I was heading back down to earth, I realized I was no longer over the trampoline. I was falling towards the concrete patio and there was nothing I could do about it. I can still remember the terror I felt as I descended onto the glass patio table. The table was shattered, but I was lucky to limp away with only minor cuts and bruises.

Because of my experience, I won’t allow a trampoline in my own backyard, but a friend of mine just purchased one for her family. Her 10 year old son needs to drop a few pounds and she thought having a trampoline in the backyard would encourage him to exercise. She also knows that the neighborhood kids are going to want to get in on the fun and she is worried about injuries. She would like to have parents sign a liability waiver before allowing the kids to jump. I agree with her, but her husband does not.

What Do You Need Trampoline Liability Waiver?




The dangers associated with trampolines are very real and the American Academy of Pediatrics recommends that they not be used at home. What’s more, many home insurance companies exclude them from policies, leaving a home owner’s personal assets vulnerable if someone should get hurt. Her trampoline has a safety net and she has laid down the rules, but it makes sense to me that she would want to protect herself from being liable in the event of an injury.

Most adult never had a trampoline as a child neither did they play with one. However, today in United States, Trampoline both for commercial and private use is increasing in popularity. In fact, by the end of 2014, there were more than 350 trampoline parks in the United States; this does not take into account those that bought it for private use at their backyard, indoor or schools and other entertainment parks that make use of trampoline for children.

Trampoline seems fun and relaxing and a great way to inspire exercise. Unfortunately, with increase in the use of trampolines comes the increase in trampoline-related accidents. There is no way to completely eliminate accidents occurring when using trampoline, all we can do is to cover against it. In fact, the possibility of children sustaining different degrees of injuries when using trampoline was so vast that one organization which has been in the forefront of advocating for trampoline park safety estimates that a child is about 200 to 300 times more likely to get injury from a trampoline park than any other park including roller coaster.

What do you think? Would you insist that parents sign a waiver before letting their kids jump on your trampoline?

Trampoline Injuries

Most people underestimate the nature of injury one can sustain by using trampoline when playing. When playing in Trampoline Park, you can sustain various degrees of injury which include;

  • Dislocations
  • Broken bones
  • Spinal cord injuries
  • Paralysis
  • Concussions
  • Possible death

Trampoline injures is not limited only to children, adults can also suffer injury from using trampoline park. For instance, a young man lost his foot from trampoline accident last year. In another incident in a trampoline park in Peachtree city, a youth football coach was paralyzed from trampoline accident. No matter how careful you are, you need to know your rights and options available to you before you owing or allow your children to play with trampoline.

Because of serious risk of injuries associated with the use of trampoline, the American Academy of Pediatrics recommends that trampoline should not be used at home. Even most insurance companies for homes exclude trampoline from their policies, leaving the home owner’s assets vulnerable when someone get hurt.

Parents might be wondering what their rights are before letting their children play with trampoline. On the other hand, park owners will also be wondering what options that is available to them when one sustains an injury in their property. In this article, we will discuss everything you need to know about trampoline liability.

Trampoline Park Liability

In most states in the United States, the operator or the owner of a trampoline park is liable when one sustains an injury. However this depends on the facts of the injury. Not every injury that the owner will be liable to. The owner may be liable to injuries arising from:

  • Inadequate supervision
  • Use of unsafe product
  • Poor instructions
  • Inadequate warnings and warning signs
  • Negligence maintenance
  • Improper installation
  • Failure to enforce rules and regulations of the park

The person that installed the trampoline or in-charge of maintaining it is also liable from an injury arising from improper installation or maintenance.

Trampoline manufacturers are also liable and can be sued from injury caused by defects in the manufacture of the product.

Someone with a good or experienced personal injury attorney can sue your park when his/her kid sustains an injury after an investigation. Even if you win the court case (as the owner) it will bring a bad name to your business. You certainly need to avoid being sued for any reason at all when operating trampoline business, this is the reason you need trampoline liability waiver.

Importance of Trampoline Liability Waiver

Trampoline park business owners need to prepare and enforce the signing of trampoline liability waiver form. The risk of injury when using trampoline is too much and you cannot allow everyone to sue your business or threaten to sue your business at any slightest injury.

Trampoline liability waiver involves a form which users of Trampoline Park must sign before using it. This waiver will exempt you and your business from being sued, it will exempt you from all liabilities arising from the use of the park. When customer signs the form, he/she is agreeing that he/she will not sue you or your business when they sustain injury.

Homeowners can also limit their liability exposure by requiring their neighbors to sign a liability waiver before allowing their children to jump on the homeowner’s trampoline. It is important that you keep your trampoline where you can always monitor its use as a homeowner, this is because trampolines are kids magnet, it attracts children of all ages and sizes, you need to ensure that those children using your trampoline have already have their parents signed your trampoline liability waiver.

Who signs the waiver?

Waiver signed by children and others under the legal age are not considered to be valid in most states. Whether you have a trampoline park, indoor trampoline or in the backyard, it is very important that you have your insurance company draw up a valid trampoline liability waiver form that will release you liability associated with trampoline use.

Protect Yourself from Liability

Whether you are a homeowner with a trampoline or a business owner that owns a trampoline park, it is better to be safe than sorry, protect yourself and your business today by getting your insurance company to extend their cover to your trampoline. Get your lawyer to prepare a valid trampoline waiver form to save you and your business today. Download a PDF trampoline waiver form to prepare your own waiver.

Two different formats of Free Trampoline Liability waiver for you to download

Trampoline Liability waiver (PDF Version)

Trampoline Liability waiver (Word Version)

Nov 14

Swimming Pool Liability Waiver


Why Do You Need a Swimming Pool Liability?

Do you have a private swimming pool on your backyard? Most of you must be thinking that as a really fun place to have, right? But that is not necessarily right. When accidents happen around the area, you might have to deal with a swimming pool lawsuit. Before that happens, make sure that the home property of yours corresponds toward swimming pool liability. There are several reasons why you definitely need it if you do have a pool or intend to build one.

  1. Liability As Homeowner

It is common for all owners to be responsible for whatever happens in their home property. That includes the pool. After all, homeowner liability exists because of some people do not pay attention to protection related to the area. Imagine someone got injured due to lack of proper maintenance or security toward the swimming pool. When that occurs, it is the homeowner who must be liable for the pool injuries.

  1. Liability for Pool Injuries

We have mentioned about injuries related to swimming pool, but what kind of injuries are those? In this case, the most typical accident happens in this area is slip and fall. As we already know the surface around the pool are very slippery. Consequently, we cannot run away without concerns, or we will fall either to the pool or land. How come the owners become liable to such issue? Truth to be told, it is because they forgot to install anti-slip surfaces that results such accident. Furthermore, drowning also matters here. Thus, it is important to ask whoever wants to swim in your pool to sign private swimming pool waiver first. It will enable you to release of liability when they got injured.

  1. Liability for Attractive Nuisance and Trespassing

What if there is someone else trespasses to our home, use the pool, and got injured? That can also be your responsibility. It may sound odd, but that is the fact. Things like this can appear since you do not possess any security features installed around the pool. In addition, the cause of it might come from something that seems to be attractive around the pool. In fact, it might because of the attractive nuisance swimming pool too. It means this property itself that actually triggers swimming pool trespassing to happen. To avoid such issue, you must build a proper protection like high fence around the pool. When you already have one, make sure again that it is in accordance with available attractive nuisance law.

  1. Liability for Swimming Pool Insurance

Most people will think that everything will be fine as long as they have insurance for the swimming pool. They think they will not have to go through swimming pool lawsuit since the insurance policy has covered them. However, we know that working with such companies can be really troublesome. They will try hard not to be incumbent to pay a large amount of money. That’s why it is better for homeowners to consult with an attorney before working with an insurance company.

Can you see now how swimming pool liability is really important? So, if you own one in your home, you have to make sure that everything suits the law. You can even ask your friends or other guests to sign their “swim at your own risk waiver” before they utilize it. As a result, you can release of liability whenever they got involved in an accident.

To download the free Liability waiver form in a PDF format, please click Free Liability Waiver


WAIVER AND REALEASE OF LIABILITY FORM
RELEASE OF LIABIBLITY, WAIVE OF CLAIMS,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL
RIGHTS, INCLUDING THE RIGHT TO SUE
TO: Word of Life New York
Assumption of Risk:
1. I, the undersigned, wish to play at the WOL Swimming Pool; I recognize and understand that playing at the Swimming Pool involves certain risks. Those risks include, but are not limited to, the risk of injury resulting from possible malfunction of the equipment used in the pool and injuries resulting from tripping or falling over obstacles in the pool area(Initials)
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of participating in the “Game”, I hereby agree as follows:
1. TO WAIVE ANDY AND ALL CLAIMS that I have or may in the future have against Word of Life New York, their directors, officers, employees, agents and representatives (all of whom are hereinafter referred to as “the Releasees”);
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer
or that my next of kin may suffer as a result of my participation at the Swimming Pool due to any cause whatsoever, IN-
CLUDING NEGLIGENCE ON THE PART OF THE RELEASEES;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability from any damage to property of, or personal injury to, any third party, resulting from my participation at the Swimming Pool;
4. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in
the even of my death.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT
I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRA-
TORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
______________________________________ ____________________________________
(Please print name clearly) Date of Birth
______________________________________ ____________________________________
Address Parent/Guardian if participant is less than 18
______________________________________ ____________________________________
City/Prov Postal Code Witness
X___________________________________ Date Signed: _______________ Phone#:_______________________
Participant’s Signature
PLEASE READ CAREFULLY!
Swimming Pool Waiver
Word of Life Fellowship Inc.
Bayside, New York

Nov 06

Volunteer Liability Waiver Form

Liability Waiver Comments Off on Volunteer Liability Waiver Form

VOLUNTEER WAIVER OF LIABILITY

Why is Volunteering Important?

We all live in busy life with hours of work, school, and other things. Finding a time to volunteer is indeed not easy. But if you voluntarily make time for it; volunteer can give you huge benefits. The right volunteer can help you find new friends, reduce stress, learn new things, and also advance for a better career as well as help with college admission. Besides the huge benefits, why volunteer is important?

Volunteering provides basic help for those in need. It gives benefit for parties, volunteers and other people as well as the communities. It is true that the more time you spend for volunteer results in greater benefits, but it does not have to be in long term engagement. You can just allocate some hours of the week to volunteer. This is because giving back for other people should not be complicated but you still can have great benefits from it.

Gain new experiences – volunteering allows you to get involved in new things as well as develop new life skills that you cannot get in other places. It does not matter where you volunteer, be it at a local library, hospitals, or tutoring kids, volunteering gives you the chance to experience new situations and environments.

Help others and give back – you have to admit and grateful of your current life. There are lots of people out there who do not have the fortune and luxury. Volunteer offers better environments for other people. It creates better and healthier environment and also brightens their days. It does not matter how much hours you spend for volunteering; the matter is what you can give back to the communities and help others.

Build connections with people – building connections do not necessarily from the same age group or communities. The fact is building connections with other people is crucial. The connections make us human being. Volunteering helps you to create connections with the community. Even if you just help out with the tiniest task; it can make a huge difference for the community, people, and even pets in need. Especially if you are a naturally shy and usually have a hard time meeting people; volunteering gives you chance to develop and practice your social skills. It definitely helps you to get more active and open.

Advance career – if you engage with college admission or considering a new career, you can take the benefits of volunteering to build connections as well as meet new people. Volunteering gives you the experience of communication building, teamwork, project planning, problem-solving, and other skills which will be beneficial for your career. Charity work gives you the statement and more importantly a voice for your career life.

Bring fulfillment in life – volunteering is an easy and fun way to find your passion and interest. Doing charity work that matches with your passion makes you more relax and also energize your day. It helps you find motivation, creativity, and vision for professional and personal life.

Volunteering is easy; you just need to fulfill volunteer waiver agreement. The work includes release form for minors, helping seniors, take care of pets, and much more. Charity work can be great examples to spread good things because kindness does not cost a thing.

 

PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT WHICH AFFECTS YOUR LEGAL RIGHTS

THIS RELEASE AND WAIVER OF LIABILITY (the “Release”) executed on [DATE] _____________, 20_____, by __________________________ [PLEASE PRINT MINOR’S NAME], a minor child (the

“Participant”) and __________________________[PLEASE PRINT PARENT/GUARDIAN NAME], the parent having legal custody and/or the legal guardian of the Participant (the “Guardian”), in favor of the Liability Waiver, Inc. (“LW”), INC., a nonprofit corporation and its directors, officers, employees, volunteers and agents (collectively “Releasees”). The Participant desires to volunteer at programs and activities conducted by the LW. As used in this Release, the terms “Volunteer”, “Participate” and “Participation” are intended to be used in their broadest sense and shall include any and all activities of any kind or nature, at any time and in any place that is performed by the Participant with the LW.

Parent/Guardian hereby grants consent for Participant to participate as a volunteer in LW activities. In consideration for the opportunity to volunteer in and to participate in LW activities, Participant does hereby freely, voluntarily and without duress execute this Release under the following terms:




1. Waiver and Release. Participation does hereby release and forever discharge and hold harmless LW and its successors and assigns from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Participation. Participant understands that this Release discharges LW from any liability or claim that the Participant may have against LW with respect to any bodily injury, personal injury, illness, death, disability, property damage, incidental or consequential damages, punitive damages or special damages that may result from Participation, whether caused by the negligence of LW or its officers, directors, employees or agents, other LW volunteers, or otherwise. Participant also understands that LW does not assume any responsibility for or obligation to provide financial aid or other assistance, including but not limited to, medical, health or disability insurance except as LW has specifically disclosed in writing to the Participant.

 

2. Medical Treatment. Participant does hereby release and forever discharge LW from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment or service rendered by any person in connection with Participation.

 

3. Assumption of the Risk. Participant acknowledges that there are potential hazards (“Hazards”), known and unknown, involved in Participation. The term “Hazards” is intended to be used in its broadest sense and includes, but is not limited to natural hazards (land, weather, etc.) and man-made hazards (concrete, steel, etc.), food contamination, as well as hazards typical for playing gaming equipment and competitive games. The Participant understands and acknowledges that participation may include Hazards that could harm the Participant, and that such Hazards may or may not always be obvious. Participant hereby expressly and specifically assumes the risk of injury or harm for all such Hazards and releases LW from all liability for injury, illness, and death or property damage resulting from Participation.

 

4. Insurance. LW may elect, in its sole discretion, to provide group accident insurance for special projects. Any coverage so provided will be governed by the policy language. Except to the extent it makes available such group accident insurance, LW does not carry or maintain, and expressly disclaims responsibility for providing any health, medical or disability insurance coverage for the Participant. Participants are not to be deemed employees or agents of LW and LW shall not be responsible for the purchase of worker’s compensation insurance. EACH PARTICIPANT IS EXPECTED AND ENCOURAGED TO ARRIVE WITH MEDICAL OR HEALTH INSURANCE COVERAGE IN EFFECT. EACH PARTICIPANT EXPRESSLY ACKNOWLEDGES THAT THERE HAS BEEN NO EXPRESS OR IMPLIED AGREEMENT BY LW TO PROVIDE INSURANCE COVERAGE OF ANY KIND TO THE PARTICIPANT.

 

5. Photographic Release. Participant, without entitlement to any additional compensation, does hereby grant and convey unto LW authorization to use in perpetuity, and all right, title and interest in any and all photographic images and video or audio recordings made by LW that depict Participant, including but not limited to, any royalties, proceeds or other benefits derived from such photographs or recordings.

 

6. Other. Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by law. Participant agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the validity of the remaining provisions of this Release shall continue to be enforceable.

 

7. General LW Program Participation Rules. Participant acknowledges reading and understanding the Participant Rules set forth below and agrees to fully conform to such Rules in connection with all Participation on or about LW operational sites.

 

Participant Rules for Minors

Rules

1. Only persons within the required age limit are permitted to serve as a volunteer within the LW. You must consult your desired LW center for the age limitation.

 

2. Minors under the age of 18 and within the required age limit must be accompanied by an adult, or have parental consent and waiver signed.

 

3. Minors under 18 will only volunteer when someone over the age of 18 is also on shift.

 

4. Appropriate clothing must be worn when serving with the LW; nothing deemed too revealing,

sexually explicit, or containing profane or offensive messages.

 

5. Wear footwear

 

6. No smoking.

 

7. No horseplay or violence.

 

8. No alcohol or illegal drugs.

 

9. Do not engage in illicit or sexual activity

 

10. The Participant shall be responsible for their own transportation to and from the Center or LW activities.

11. Food and drinks may not be taken into the computer or gaming areas

IN WITNESS WHEREOF, Participant has executed this Release as of the day and year first above written.

 

PARTICIPANT: GUARDIAN:

Printed Name: ______________ Printed Name: ________________________

Signature: _______________  Signature: _______________________

Address: _______________________ Address: _________________________

Phone: (H) _________________ Phone: (H) ___________________________

Phone: (W) _________________ Phone: (W) ________________________

WITNESS Signature:_____________________________________________

Emergency Information

In case of emergency please contact:

Name: ______________________ Relationship: _____________ Phone: _______________

Street: ____________________________City: ________________________ State: _______


To download the free Liability waiver form in PDF format, please click Free Liability Waiver

Jul 23
Free COVID-19 Liability Waiver Form Download
Free COVID-19 Liability Waiver Form Download

Many people die from COVID-19 (aka Coronavirus). To date, nearly 800,000 people have died from COVID-19. This makes everyone panic, including businesses that involve many people. Of course, these businesses do not want to go bankrupt so some businesses and businesses continue as usual. However, this is quite dangerous because Coronavirus can attack anyone. Therefore, every business owner must implement a liability waiver for coronavirus to avoid the demands of clients or customers. Let’s find out all about the liability waiver for COVID 19.

The Facts about COVID-19 (Coronavirus) That Everybody Should Know

Before we go to the liability waiver for coronavirus, it seems that you should know some facts about Covid-19.

  1. Spread to Other Countries

The virus that can cause pneumonia first appeared in the city of Wuhan, China. The Chinese government says the coronavirus comes from wild animals sold in the Huanan seafood market.

Since then, infected travelers from Wuhan have transmitted the virus to other countries. Until now, the coronavirus has spread to seven countries. Starting from Thailand, Japan, South Korea, Singapore, Taiwan, Vietnam, and the United States.

  • Mysterious, There Is No Vaccine

The virus that caused the pneumonic plague in Wuhan, China is somewhat mysterious. Experts identify as a new type of coronavirus. The virus that attacks breathing is named the novel coronavirus or 2019-nCoV.

Actually there are several pneumonia vaccines aimed at preventing pneumonia. However, the vaccine cannot prevent pneumonia that is currently an epidemic because of a new type of coronavirus. Therefore, the Chinese government quarantined the city of Wuhan, which has a population of 11 million people.

  • From Fever to Chest Pain

Coronavirus can cause a variety of complaints to the sufferer. Starting from fever, cough, difficulty breathing, sore throat, and headache. In addition, according to experts, the virus that infects the upper respiratory tract can also cause severe symptoms. This viral infection can turn into pneumonia with a variety of symptoms.

For example, high fever, cough with mucus, shortness of breath, to chest pain. These symptoms can get worse if it occurs in people with heart or lung disease, people with weakened immune systems, infants, and the elderly.

  • The USA is the country with the highest coronavirus case

Until today, the USA is still the country with the highest Coronavirus in the world. There are more than 3.6 million confirmed cases in the USA with more than 139,000 deaths. Many businesses in the US choose to shut down to reduce the spread of corona. Some businesses are still running but they are implementing a liability waiver to avoid lawsuits.

Some Businesses That Require Liability Waiver for Coronavirus

Some businesses may not consider liability waiver because their business does not involve many people or it is done online like online schools, online stores, and much more. However, many businesses should consider a liability waiver for coronavirus because their businesses involve many people such as gyms, shopping malls, restaurants, banks, campaigns, hair cut, theme parts, hair salons, dentists, trump rallies, and much more.

Trump rally could be the newest cluster in the spread of the coronavirus because they gathered together at one point to support Donald Trump. There will be so many people who will get exposed to coronavirus after the campaign. All businesses involving many people make it possible to spread the coronavirus. Even though they apply social distancing, the coronavirus will infect several people through the air.

Trump Campaign Requires COVID-19 Liability Waiver

Trump supporters will attend the Trump campaign in a few weeks because they want to continue to support Trump as President of the USA in the next period. However, this may be very dangerous considering the Coronavirus is not over yet. Anyone can be exposed to the coronavirus in this campaign. Who will be responsible? Of course, the organizing committee can get demands from the trump supporters who are exposed to Covid-19 so they will ask for compensation. If they do not want this to happen, the organizing committee of the campaign must implement a liability waiver for coronavirus.

All of the trump supporters must sign the liability release waiver. Those who are not willing to sign the form, they should be kicked out. This health protocol must be put in place as soon as possible to avoid the spread of the coronavirus that infects several campaign members. The responsibility lies with each individual. The campaign organizer has no responsibility if one of the supporters is exposed to corona.

The Importance of COVID-19 Rally Waiver

Why is the liability waiver for COVID 19 so important? Apparently, many people are not afraid of the coronavirus and they still want to be active as usual. Coronavirus can spread quickly in public places so that someone can infect others. Some companies or businesses do not want to be responsible for the spread of the coronavirus, so everyone is required to fill out the waiver release and sign the liability. For instance, if you have a restaurant business in the middle of the city and have a lot of visitors, then you can ask visitors to fill in the liability waiver form. By signing the liability release waiver, visitors release the restaurant or business from liability for unintentional exposure or harm due to COVID-19.

Liability Waiver for COVID-19 (Coronavirus) Template Form

Clients, customers, or visitors can fill and sign the liability waiver for coronavirus templates from either online or offline. Today, it is easy to find liability waiver template forms on the internet. Basically, the liability waiver template form contains only a few elements that everyone must understand.

At the top, it contains Covid-19 Liability Waiver. Then, a customer or client can fill in the date, first name, and last name, and read some provisions that state that they are willing to sign the waiver release liability. There are several points that every client must understand such as:

  • The client knows and is aware that coronavirus can spread easily through air, touch, and physical contact with others.
  • The client must state that she or she has not been diagnosed with coronavirus with the past 30 days.
  • The client must confirm and certify that she or he has not experienced the symptoms of coronavirus.
  • The client must state that she or he has not traveled outside the country or visited a place where COVID-19 is spreading within 2 weeks.
  • The client must state that the company does not need to be held responsible if the client is exposed to the coronavirus in the future.

The business owner can then state some enhanced procedures to prevent the spread of coronaviruses such as client or customers have to wash their hand and wear a mask before entering the room, customers or clients have to implement social distancing, customers or clients should not talk during the service, and etc.

The Benefits of Liability Waiver for Business

All businesses certainly don’t want to compensate or take responsibility for someone infected with coronavirus after visiting their business. If the business owner considers the liability waiver for COVID 19, there are several benefits that the owner can get:

  • They don’t need to spend money to pay for their client or customer medical expenses
  • The business owner will be free from charges and can show a liability release waiver form that has been signed by the customer or client.
  • The business continues as usual and the owner will continue to benefit from their business.

Finally, that’s all you need to know about the liability waiver for COVID 19. If you want your business to run normally, you need to consider a liability waiver to protect your business from a lawsuit.

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: info@denveradventures.com
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

Hold Harmless Agreement Comments Off on Hold Harmless Agreement

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.

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