Continued from page 1
If you are
coach or part of
organization, read
waiver and if you are in agreement have your players sign it, then, behave as if no waiver or insurance is in place. Personally check
field and facilities for things that may cause accidents, and do not hesitate to call
game if you believe people are going to be injured.
Form and Content
There is no guarantee of a summary judgement, but improperly worded waivers are almost guaranteed rejection. Insureds should rely on their own insurance and legal counsels when preparing
waiver and process for actual use.
Guidelines for preparing waivers
Keep wording as clear as possible. Keep form to one sheet and to a single purpose. It can be confusing if it is part of a ticket or registration form. Make
form a serious legal document with red ink, use of legal seals, bold print and headings. The title should be bold, large, and obvious that this is a waiver of important rights. Make it clear that
signing participant understand and accepts that
risk of serious injury exists, whether from a known risk or unknown risk. Put all phrasings in first person ("I acknowledge…I accept"). Specify that
waiver also applies to negligence (liability through breach of a duty of care). Include specific risks only if they are unusual and relevant. The release of
insured (and all who act for
insured) should be on behalf of his/her heirs, assigns, and next of kin. To document their assumption of risk, have minor participants sign prior to their parent or guardian. Have
parent/guardian release and indemnify
insured, as well as agree to
participation of their minor child. Have your waiver and related procedures reviewed by your insurance broker and lawyer. Finally, even summary judgements entail legal expenses. Be properly insured.
http://www.baffincommercial.com
Copyright (c) 2003 Baffin Commercial
