Waiver Options

[seanery]

I think it's a good idea. Does anyone have a copy from a previous event?
Garold, think you could swipe one from the autocross tomorrow?

[GaroldShaffer]

You mean one of these (IMG:style_emoticons/default/wink.gif)

[GaroldShaffer]

Well that didn't work. I will email it toyou.

[seanery]

sean@moronthrottle.com

[GaroldShaffer]

You got mail

[seanery]

This is based upon the SCCA waiver.

PLEASE, EVERYONE READ IT CAREFULLY! Then let's discuss it.


RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
(READ CAREFULLY BEFORE SIGNING)

IN CONSIDERATION of being permitted to observe, work for, or participate in any way in any 914Club events or activities, or being permitted to enter for any purpose any RESTRICTED AREA thereof (defined as any area requiring special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), I, for myself, my personal representatives, heirs and next of kin:

1. Hereby acknowledge, agree, and represent that I will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which I enter and I further agree and warrant that, if at any time, I am in or about the RESTRICTED AREAS and I feel anything to be unsafe, I will immediately advise the officials of such and will leave the RESTRICTED AREAS and will refuse to participate further. I understand that the nature of the EVENT may not permit me to inspect the RESTRICTED AREAS and/or EVENT course and facilities (including adjacent areas thereof) with which I may contact during the EVENT prior to my participation and that there may be risks not known to me or that are not foreseeable at this time. I agree that, if at any time, I feel anything to be UNSAFE, I will immediately take all necessary precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further in the EVENT.

2. Hereby RELEASE, WAIVE, and DISCHARGE 914Club, it's members, administrators, the promoters, participants, or any affiliate, subsidiary or subdivision thereof, officials, car owners, drivers, any person in any RESTRICTED AREA, sponsors, advertisers, owners and lessees of premises used to conduct the EVENTS, premises, and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENTS and for each of them, their directors, officers, agents, and employees, all for the purposes herein referred to as “RELEASEES,” FROM ALL LIABILITY TO ME, my personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OF RESULTING IN THE DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENTS, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. In addition, I COVENANT NOT TO SUE any of the RELEASEES based upon any claim arising out of any of the EVENTS.

3. Hereby ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENTS whether caused by the NEGLIGENCE OF RELEASEES or otherwise.

4. Hereby AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them from any loss, liability, damage, or cost they may incur due to claims brought against the RELEASEES arising out of my injury, or death, or damage to my property while I am in the RESTRICTED AREAS and/or while participating, observing or working for or for any purpose participating in the EVENTS and whether caused by the negligence of the RELEASEES or otherwise.

5. Hereby agree that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the RELEASEES and is intended to be as broad and inclusive as is permitted by the laws of the Province or State in which the EVENTS are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLUNDERSTAND IT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.



Then there would be an area where EVERYONE MUST SIGN (INCLUDING US)

This post has been edited by seanery: Aug 29 2004, 08:53 AM

[GaroldShaffer]

I don't have a problem with that. Is there a few lawyers on the board that could give this a quick look over to make sure it's good leagl document? I think this is something ALL 914 club events need to have.

[seanery]

I could post it and see?

I kept a copy that is more "competition oriented" if we were having a DE or A/X, but for us this may work. I'm worried that the words about "DEATH" may be scary.

I'm gonna post it in the admin section now.

[Pnambic]

Looks good to me. One probably stupid question:
Is the 914club an officially recognized organization? Like, is it copyrighted or incorporated or whatever? Would it have to be in order to be used in a legal document like this?

[seanery]

I don't know the answer to that question.

But....we do have member #'s and club id's...

[seanery]

edit in purple

[GaroldShaffer]

Should we send this to the people that have registered so far? Or at least let them know that we have a wavier they must sign when they arrive?

[seanery]

The waiver will be presented at registration. They must sign it before they can check in. That includes us as well. I've got a sheet that is similar to what they give you at the track. There is room for 90 signatures.

Whoever does this job will need to note somewhere on the page that they were witness to the signatures.


Also, I'll be making a "This is not a race" flyer that will be handed out in the goodie bags as well.