Liability...this good enough? - Paintball Forum - Paintball guns and gear forums

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Old June 22nd, 2004, 08:57 AM   #1 (permalink)
 
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Post Liability...this good enough?

I own 3 acres of land which ranges from woods to open fields (great for paintball) and I have arranged a large game on my land for this weekend. I do not know half of the people coming to play but I do know that people today are sue crazy. I like what I own and dont want to loose it because somone did something stupid. Since my lawyer could not get a form back to me to release liability by friday I was wondering if someone could read through the form I found and see if it sounds like it covers everything. Its better to be safe then sorry.

---Start Form---
Release of Liability

I, and my heirs, in consideration of my participation in the (event listed here) on (date) at (location), hereby release (name(s)), and any other people officially connected with this event, from any and all liability for damage to or loss of personal property, sickness or injury from whatever source, legal entanglements, imprisonment, death, or loss of money, which might occur while participating in this event. Specifically, I release said persons from any liability or responsibility for (my physical condition, for the condition or selection of course route and for the presence or actions of any other participants). I am aware of the risks of participation, which include, but are not limited to, (the possibility of sprained muscles and ligaments, broken bones and fatigue. I hereby state that I am in sufficient physical condition to accept a rigorous level of physical activity). I understand that participation in this program is strictly voluntary and I freely chose to participate. I verify that I will be responsible for any medical costs I incur as a result of my participation.

_________________________________________
(participant)

_________________________________________
(parent or guardian's signature if under 18)

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Old June 22nd, 2004, 11:37 AM   #2 (permalink)
 
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I, and my heirs, in consideration of my participation in the (event listed here) on (date) at (location), (henceforth referred to as the "event") hereby release (name(s)), and any other people officially connected with this event, from any and all liability for damage to or loss of personal property, sickness or injury from whatever source, legal entanglements, imprisonment, death, which might occur while participating in this event. Specifically, I release said persons from any liability or responsibility for (my physical condition, for the condition or selection of course route and for the presence or actions of any other participants). I am aware of the risks of participation, which include, but are not limited to, (the possibility of sprained muscles and ligaments, broken bones and fatigue. I hereby state that I am in sufficient physical condition to accept a rigorous level of physical activity). I understand that participation in this event is strictly voluntary and I freely chose to participate. I verify that I will be responsible for any medical costs I incur as a result of my participation.

^ Changed a few words to make it a little better. I'm no lawyer, but it seems you've covered everything that would need to be. Good luck
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Old June 22nd, 2004, 12:55 PM   #3 (permalink)
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sounds okay just for what ur doin....
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Old June 25th, 2004, 11:50 AM   #4 (permalink)
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dont you need like a lawyer or somethin to sign it or somethin? im not sure but i may be rong
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Old June 25th, 2004, 04:36 PM   #5 (permalink)
 
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Originally Posted by pimpballer756
dont you need like a lawyer or somethin to sign it or somethin? im not sure but i may be rong


i think something to that effect has to happen, but i think your thinking of insurance...
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Old June 27th, 2004, 11:03 PM   #6 (permalink)
 
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For it to have any sort of legal weight, a lawyer (or judge), witnesses, and both participants need to sign it. Also, it must be understood by both sides. Just signing it isn't enough.

My dad's a lawyer, and he knows this stuff. I'm probably leaving out some people, but that's the gyst of it.

Anyways, good form. You have too many broad clauses, though, for it to hold any weight. Such as "hereby release (name(s)), and any other people officially connected with this event, from any and all liability for damage to or loss of personal property, sickness or injury from whatever source, legal entanglements, imprisonment, death, or loss of money, which might occur while participating in this event." No way that would hold up, ever. You are saying that a person could kill you during this event, and no legal action could be taken? Might want to modify that a bit.

Waivers are just scare tools designed to remind people to behave. Also, it sometimes keeps extremely frivolous suits out of court.
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