T Nation

Release/Liability Waiver


#1

How would I go about getting one for a school project I am doing? Can a general one be used off the internet? Can I make one up myself?

What if some of the participants will be underage? Do their guardians just have to sign as well?


#2

You can get a template off the internet and edit it to suit (my phone jacked up the spelling the first time) your specific guidelines. If the participants are underage the guardian will need to sign and release the child to attend the event. I do not have children but ironically just helped my friend this yesterday for an event she is planning.


#3

I'm sure a teacher will need to be involved but let's say they are not.

If a kid gets lost under your watch... are you confortable taking something off the internet to court as your protection against the high priced lawyer the parents hired to fuck you in the ass?

Talk to the school about how this crap goes down and then talk to a lawyer.


#4

@tsantos I completely agree with what you are saying and don't want to seem irresponsible for the template off the internet comment. This template happens to be created by a lawyer and is extremely detailed to cover everything way beyond the necessary needs. As long as the school agrees it's acceptable and it has the correct wording to release you from being responsible you should be good to go. I suppose if you had the right lawyer they might look it over no charge and it wouldn't hurt.


#5

I thought that liability waivers were kept relatively simple because they mean absolutely nothing.


#6

That's pretty much what I thought too. I believe it's just a formality but could also be somewhat helpful if something should happen.


#7

Here is the wiki take on them- https://en.wikipedia.org/wiki/Liability_waiver

I asked my attorney about them once, very briefly. He lust laughed and said something to the same effect, then moved on.


#8

That is what I have read as well Skyz.

It is my school video project (college). I am not a teacher.

I am planning to use high school students. Though some may be 18, I assume I should a tleast get guardian consent for those under 18 yrs?


#9

Yes for under 18 and make sure if it's a video you add that in the waiver!!! Sorry for jumping in so much just trying to help.


#10

I don't know if there is anything specific to that. My experience only applies to industrial machinery and activities (cranes, welding equipment, chemical exposure, etc.)

Something like video seems more like an expressed written consent of parent or legal guardian thing.


#11

Thanks.

I am just about done with it and was wondering.

For those that are legal would it be allowed to get an oral liability waiver on camera right before the project begins? It seems like it would be a lot easier to do and prove.


#12

The thing about liability is that in many cases it can't be waived. If I don't use proper safety practices, proper training, proper equipment, or do something similar that is less safe than would be proper, I'm liable regardless of what you signed. For instance, if I run a rock-climbing business and you sign a waiver and the rope breaks because I didn't do proper maintenance and inspections I am still liable. In other words, even if you sign a waiver that doesn't mean you can't expect me to take reasonable precautions and not be negligent.

On the other hand, if you decide to un-clip half way up the wall in spite of being warned and trained and all of the equipment being good and then you fall, I probably don't have liability even if you signed nothing.

Obviously, all of this is subject to everyone having good lawyers and anything can happen in court. The point of a liability waiver is more to discourage people from going to court because many people may accept that if they signed the waiver they can't hold the person liable.