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Location: Athens, Ohio | I just read on another site a posting from a guide who fishes rivers with rafts. As part of his website, there is a liability waiver form; when you sign it, it releases him and his company from liability for any negligence or equipment failures that may cause you injury or death.
Is this standard practice with muskie guides? How many of you ask you clients to swear not to sue you before you all go out? m
Here's the agreement, I put XX in for the name of the guide service and XXX in for the county names.
READ CAREFULLY you will have to sign prior to going on River
WAIVER AND RELEASE OF LIABILITY
In consideration ofXX furnishing services, food and/or equipment to enable me to participate in canoeing, kayaking, rafting, tubing, meals, camping, lodging and any other activities offered by XX, I agree as follows:
I fully understand and acknowledge that outdoor recreational activities have: (a) inherent risks, dangers and hazards and such exists in my use ofXX equipment and my participation in XXactivities; (b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of XX; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, map, video, trip descriptions that may misjudge terrain, weather, trail or river route location, and water level, risks of falling out of or drowning while in a raft, canoe, tube or kayak and such other risks, hazards and dangers that are integral to recreational, meal, and camping activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees ofXX, or by any other person.
I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnifyXX and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use ofXX equipment or my participation inXX activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees ofXX.
The Venue of any dispute that may arise out of this agreement or otherwise between the parties to which theXX or its agents is a party shall be in the County Courts inXXX
I permit the use of any photos, slides, films, or sketches of him/her taken during the day’s activities for publicity, advertising, promotion or other commercial purpose.
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I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE. IT IS MY INTENTION TO EXEMPT AND RELIEVE XX FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
Edited by mikie 2/21/2006 2:47 PM
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Posts: 3242
Location: Racine, Wi | Mikie, I know some insurance companies request those when applying for guide insurance. I know the one that I use did on the initial application. I don't use a waiver, but I think having one may be good for keeping your rates lower. |
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Posts: 1438
| Just remember one thing though guys, if the client can prove negligence, the waiver means nothing.
We used to have to sign them to play in softball league, just so they were on file. But, they are not a cure-all. If they were actually effective at doing what they say, would you need insurance???
Unfortunately in today's society it doesn't come down to the client sueing the guide. It's the clients insurance company sueing the guide's insurance company. I think it sucks, but that's just the way it is.
Has anyone submitted a claim for emergency room services lately?? I think the last three times I've been to the emergency room myself/or with someone else (read kids) about a week later you get a form letter that says something on the order of "It appears as though this injury could be work related. Therefore, please fill out the form so we know who to pass the bills off to." No kidding, they are just looking for someone else to foot the bills. I think insurance companies spend more time trying to get out of paying stuff than they do actually paying.
Back to the original question, I have never had to sign one before going out with a guide....
Edited by theedz155 2/21/2006 3:31 PM
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| Speaking of insurance...what are some good sources for insurance for guides?
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Posts: 180
Location: Kinkaid Lake, IL | A waiver of liability will not hold up in court even if one signs and dates it. It does create a sense of protection and can fool clients into thinking you are not liable. The best thing to do is have great insurance and hope nothing happens. A good lawer might help too. Ü
Guest: I have recently signed up with Old United Insurance Company. They offer everything you need at a good price. Rodnocker has been with the company for awhile too and we both like the service they provide.
Old United Insurance Company
P.O. Box 795
Shawnee Mission, Kansas 66201
Phone # 1-800-866-6090 |
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Posts: 1516
| One of the things about a lainility policy many folks overlook is the insurance company provides an attorney for your defense if you are sued for a covered accident. Many times the cost of the defense exceeds the settlement or judgement by far. |
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Posts: 376
Location: Lake Vermilion Tower, MN | I have never ask a customer to sign any waviers because they aren't worth the paper they're writen on.
If your guide ask you to sign one, I'd ask him the name of his guide insurance company, before I got in his boat.
My guide insurance provider, has never ask me to provide them with a release form and I have had a guide policy for 18 years.
"Ace" 
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Posts: 2691
Location: Pewaukee, Wisconsin | I asked my agent about waivers years ago. He told me that same think Ace just said."they are not worth the paper they are printed on".
I have great coverage and a extra million with an umbrella policy. No need to worry about uncontrolable stuff.
Edited by Mikes Extreme 2/21/2006 9:26 PM
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Location: Athens, Ohio | Some great insights, especially about asking the guide with the form if he IS insured. thanks! m |
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| In our lawsuit riddled society, perhaps it is felt that a measure of protection is deemed needed, whether it be useful or not...assuming this post is a spin off from the guide on the 101 board, I'd ask this question there also so as to get his/her reasoning for the waiver... |
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Location: Athens, Ohio | busted by Sponge!
I done did what you said.
thanks for helping me mind my manners, dude.
I need some adult supervision on occasion. m |
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| NO adult 'vision from here!  An excellent question; perhaps due to diff. state laws etc? I would ask though, 'specially the part that relieves the peeps even in a case of operator stupidity... |
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| All I ask is for clients to try to keep their beer cold! Warm beer sometimes cost time on the water trying to find ice.
Ty |
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