Waiver form?

[Skysurfer2010]

I have a handful of friends that want to get into wake boarding this year with me. I was thinking of having a good friend of mine that's a lawyer draft up some kind of waiver. Something basically stating that they do these watersports at their own risk and can not hold me liable in the event of bodily damage. Has anyone done this before?

I haven't talked to my lawyer friend about this yet. Would this hold up in court?

 

[Julian]

My old neighbor in Illinois did something like this for neighborhood kids using his trampoline. Too many accidents on those for his taste....not sure where he got the waiver form, but I THINK he took one from one of those Bouncy House Stores and plagiarized the wording.

 

[jetboater4life]

Yea I've thought about this too since one of my buddies refuses to sign up for obamacare and prefers no insurance.

 

[jdiaz78]

It would seem weird making a friend sign a form before they get on the boat to me. I think it goes without saying that you are doing this at your own risk.

 

[Magic]

Yea I've thought about this too since one of my buddies refuses to sign up for obamacare and prefers no insurance.

Its understandable if your friend cant afford health insurance, even obamacare.

Starting nest year, as an added feature, he will be fined for not having that insurance he cant afford to buy..........

Seems Legit......

 

[BoaterGuy]

I would say if you're even thinking about this, you shouldn't bring them out.

I completely understand thinking that it could happen to anyone, and you want to protect yourself. Are these close friends or people that you trust?

 

[Glassman]

The only time I've ever required "zee papers" was with little ones - a medical release form actually, so that in the event of an accident we could render or authorize medical treatment. Listed Insurance info, phone numbers, allergies, etc. You pick that up personally from mom or dad and as you shake their hand, look them in the eye and tell 'em, "I'll treat him/her as if they were my own."

As you drive off, start screaming and cussing at your kids......

Fortunately I also have a Ugunnasuememometer and it's been very accurate so far. I learned early on the difference between a friend and an acquaintance. Just the same, if it looks like rain, I carry an umbrella.

 

[HawkTX]

It's a shame you have to do that, but nowadays it's better safe than sorry!

 

[Skysurfer2010]

I'm looking to cover my ass. I'm 32 and I have friends from 21 to 40. Some of the younger friends I'm clueless if they have insurance and it's better safe than sorry.

It's better to be extra safe than to have someone get hurt and in a desperate financial situation decide they have no choice but to sue.

 

[jdiaz78]

I have Polk in my boat and home. I love Polk Audio.

 

[OperationROL]

It is a great idea. I may consider this. Every single time we go out in the summer, I have my 15 year old's friends on board and now my 8 year old is inviting friends as well. The unfortunate thing is you never know what people will do once faced with the injury or faced with an attorney that convinces them to sue. I have a friend that is an attorney that specializes in traffic and injury. He says that they often convince the injured to go after their friends because they know that the friend will not have to come "out of pocket" but the insurance company will pay and usually to maximums. To me that stinks because the friend still has to deal with the situation and most likely their insurance will increase. I told him that and asked if he has any concerns that it is kind of smiley. He said (with a straight face), "That's the business!"

 

[maboat]

If you can't trust your friends, get new friends...just sayin'...

 

[jetboater4life]

If you can't trust your friends, get new friends...just sayin'...

You can't always pick your kids friends.

 

[steined]

Sadly, I don't think it is a bad idea. I don't know how it works with boats, but I've heard with cars, if you lend your car to someone and they wreck it, your insurance is first in line for the claim, not theirs, so it may be a similar situation where, even if they have insurance, if someone is injured, their insurance company may come after your insurance company. It doesn't have to be a friend suing you. Why is tort reform not a major campaign item anymore?!

 

[maboat]

You can't always pick your kids friends.

Good point.

 

[BoaterGuy]

Agreed. Didn't think about that. Waiver it up!

 

[jetboater4life]

If someone comes up with a good waiver form, post it up as I am contemplating this for the up coming season.

 

[BoaterGuy]

Here are some:

http://www.cfsa.org/selfinsure/genlib/docs/Release Waiver Form rev 2006.pdf

http://www.rocketlawyer.com/form/release-of-liability.rl

http://n1media1.files1.jamspiritsites.com/63893/9723510154c9fd1dae86a2.pdf

 

[Mike]

Im sure a lawyer would probably find a way around the waiver... at the end the lawyers are the ones who win

 

[maboat]

you can't waive neglect or intention, only accidental unintentional harm. Its like @SuperJetDan said, even a signed waiver doesn't let you run over somebody with zero liability. I can't sign away responsibility for my own stupidity.

But still, I've been reconsidering this whole topic and its not a bad idea to have some forms handy for those certain situations. I can't imagine asking everybody to sign a waiver before riding in my boat. But there are friends of friends and people who refuse to buy their own insurance and still want you to "let me do it". The form might be handy to protect me from their stupidity