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Old 08-04-2005, 02:23 PM #1
freeloader12345
 
 
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Waiver

Just wondering if you wrote your own waiver or if it was done buy the insurance company? Did you have a lawyer or how did you finalize the process.
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Old 08-04-2005, 06:50 PM #2
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I did it myself. Either way, lawyer or not, they are still signing it. The only difference that I can see is that a lawyer or insurance company might find something that you missed.
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Old 08-04-2005, 07:25 PM #3
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We had our attorney write it, then the insurance company made a few modifications. If anyone would like to see a copy, let me know, I'm happy to email it to you-just PM me.
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Old 09-06-2005, 12:07 PM #4
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Quote:
Originally Posted by Utpbmom
We had our attorney write it, then the insurance company made a few modifications. If anyone would like to see a copy, let me know, I'm happy to email it to you-just PM me.
im really looking into opening a field some where in the PA area and i would like to get as much info as possible....

so if you could please send me a copy of it i would be more then thank full for the help.
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Old 09-07-2005, 11:16 PM #5
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i was told that the insurance company will send you a waiver u can copy but im sure u can have it wrote up and have your attorney proof it nad have insurance finalize it
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Old 09-08-2005, 11:42 AM #6
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Check out some websites for fields..

Here is what I use.. http://signal20paintball.com/files/s20_waiver.pdf

Hope this helps...
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Old 09-08-2005, 06:32 PM #7
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In the end the waiver isnt gonna save you in court if something happens... They are just an extra hoop to jump thru!
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Old 09-08-2005, 11:44 PM #8
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waiver is like an airbag. Won't help you in a serious accident, but may save your bacon and is definitely worth having in this litigious society.
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Old 09-09-2005, 09:08 AM #9
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really
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Old 09-09-2005, 01:05 PM #10
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A Waiver is a good thing to have, but when it comes to court it won't help you very much. You best bet is to take safety very seriously and don't go lax on anyone.
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Old 03-10-2006, 11:21 PM #11
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I went to a field and they left steaks in the ground that arent holding down the bunker and they were like and inch out of the ground and i got seriously hurt and i dont think a waiver will cover that. I might be wrong but i dont think so. It would have took them 30 seconds to take them out and they were right were everyone would slide and like a foot from the bunker.
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Old 03-11-2006, 12:40 AM #12
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Quote:
Originally Posted by robsk8ter247
I went to a field and they left steaks in the ground that arent holding down the bunker and they were like and inch out of the ground and i got seriously hurt and i dont think a waiver will cover that. I might be wrong but i dont think so. It would have took them 30 seconds to take them out and they were right were everyone would slide and like a foot from the bunker.
Man, if they left steaks on the ground when I was playin I'd be bustin out the BBQ and having some lunch.


Anyhow, you're kinda right. You cannot waive your right to sue for negligence, no matter how specific the waiver is. Leaving stakes on the field sounds like negligent behavior to me. Then again, so does seeing all these stakes and not saying anything to anyone or picking them up your damn self.

Quit being a whiner.
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Old 03-11-2006, 12:10 PM #13
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You may not be able to sign your rights away, but a properly written waiver will help to acknowledge that the player was aware of the risks involved.
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Old 03-11-2006, 12:41 PM #14
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I agree w/ that. You need a waiver b/c you need people to acknowledge that the sport is dangerous, etc. But if a pole fell on someone and killed them and it was b/c it was old, termite-ridden, and delapitated b/c you failed to replace it when you should have, then you're not going to be able to get out of that one w/ a waiver.
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Old 03-11-2006, 01:17 PM #15
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Yep. The first thing a lawyer is going to try to do is defeat the waiver by proving negligence on the field owner's part. Here are some simple tips to help protect the field owner.

1. If your orientation is done by you or your staff, create a written checklist of everything you go over during the orientation. At the end of each orientation, initial each item. At the bottom of the document, have a place for signature, date, and time, to be filled out by the person who conducted the orientation. File this with the waivers for that session. In the event of a lawsuit, this document will serve as evidence that you conducted the safety orientation as intended.

If your orientation is pre-recorded, create a log to be filled out by your staff every time it is played. The log should include a place for signature, date, and time.

2. Immediately after the orientation, hand out the waivers. Make sure your waiver includes a paragraph that states the person signing it has seen/heard the safety orientation. Because of this language, the waiver must be signed after the safety orientation. Have an attorney go over your waiver to make sure it is legal.

3. Document where all your safety signs are and make sure they are in good repair/legible. Your daily walk through should include making sure these signs are in place before play starts. Signs should be placed at the entrance/exit of the field mandating the use of goggles and barrel-blocking devices. Safety rules should also be placed in a highly visible area, such as the staging area.

4. Get into the habit of constantly improving your facility. If you're an outdoor field, spend 30 minutes each day picking up sticks, rocks and trash. This will help to keep your field in pristine condition. Train your refs to look for hazards and have a procedure for dealing with them. Holes and roots should be marked off until they can be properly dealt with. Have a supply of hazard tape and flourescent paint to be used to identify these hazards. Indoor fields should have a way to deal with slippery areas and other fall hazards. When using hard structures as bunkers, make sure they are in good repair. Be aware of sharp edges and trip hazards.

5. When staking down airball bunkers give consideration to how the players will be using the bunkers. Make sure the players will not slide into the bunker and be injured by the stakes. Make sure the head of the stakes are not sticking out of the ground.
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Old 03-11-2006, 01:48 PM #16
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Ya i dont think i should have had to take the stakes out because they should have not been there in the first place. I am just mad because it had part of the bunker still on it like the loop you put it through. When they put the new ones on the bunker or fixed it they could have just took 30 seconds and pulled the old ones out of the ground. I would have picked them up myslef but i got hurt the first game and i didnt know they were there.I couldnt really see them because they blended in with the dirt. I know it sounds like im whining but i am mad that i havent been able to really walk for about the past two weeks.I like tore my acl, got 50 stitches, and fractured my femur. Im just real mad.
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Old 03-12-2006, 07:03 AM #17
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Has the field owner run in to pay all medical and then give you free play for life yet? Quick... sign here??

This really sounds like blatant negligence on the part of the field. So what do you think you're going to rename your new field?

I see the same thing in the scuba world all the time. Other shops that don't enforce safety rules, have bad instructors, leave stuff lying around the pool that people can slip and fall on, under staffed dive classes - then when someone gets hurt and a suit pops up, they act all surprised.

According to our insurance rules, you must walk the field checking for safety hazards every so often. The unfortunate thing here is it might be the field owner told his employees to pull the stakes, and they never did... but ultimately, the buck stops with the guy who owns a business.

Being in two high exposure / risk businesses, scuba and paintball, we keep a constant eye out for the safety side of things.

I do a briefing with my instructors, and the paintball employees will get about the same one. When I'm looking for employees, I have 2 major criteria... 1 is safety. Can they spot problems before they happen and take care of things so I don't have to constantly monitor everything myself. 2, Fun. Do they know how to make sure the customers are having a good time.

The mix of these 2 is sometimes difficult... Player removes mask on the field... you have to do the "Hey, please put the mask back on... gotta keep it on all the time your on the field... ok? Thanks man!" Not "Stupid!!!! PUT YOUR MASK ON OR YOU'RE OUTTA HERE!!!!"

Delicate balance.

But in your situation of someone leaving hazards on a field... not cool.
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