Very Broad Waiver Protects in Spite of Fact a Signed Waiver was not Produced

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 By Doyice Cotten

Theresa Brigance was injured at Vail while taking beginning skiing lessons. Vail claimed no liability on the basis of a required liability waiver. Brigance’s ski boot became wedged under the chair in the ski lift. Interestingly, Vail was unable to produce a signed waiver in court.(Brigance v. Vail Summit Resorts, Inc., 2017 U.S. Dist. LEXIS 5447)

Liability waivers sometimes fail because they are not broad enough to cover the circumstances of the incident;

Evaluation of a Liability Waiver by a California Appellate Court

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By Doyice Cotten

Quite often I get a request by a service provider to take a look at their waiver and tell them if I think it is adequate. So I thought many readers might like to see how a court looks at a waiver to determine if it is enforceable. A California case involved an incident at a trampoline facility; the court discussed why the waiver was valid and enforceable (Torres v. House of Air,

Choice-of-Law Provision Fails: Waiver Falls under Vermont Law

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By Doyice Cotten

Brian Kearney was seriously injured while competing in a USSA sanctioned amateur downhill ski race at Okemo Mountain Resort in Ludlow, Vermont, in February, 2015. USSA members were eligible to participate and membership required signing a liability waiver (Kearney v. Okemo Limited Liability Company, 2016).

The waiver contained the following exculpatory provision:

Member hereby unconditionally WAIVES AND RELEASES ANY AND ALL CLAIMS, AND AGREES TO HOLD HARMLESS,

Indemnification Tips (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

is was written by Charles “Reb” Gregg in September, 2006. Mr. Gregg provides some invaluable information regarding indemnification agreements. Mr. Gregg is a practicing attorney in Houston, Texas specializing in adventure law and may be reached at 800 Bering Drive, Suite 100,

Poorly Written New York Church Waiver Fails

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By Doyice Cotten

Panagiota Melis, a member of the Helenic Orthodox Church, slipped and fell on snow and ice in the Church’s parking lot after parking her vehicle. She filed suit against the church alleging negligence (Melis v. Helenic Orthodox Community, 2017 N.Y. Misc. LEXIS 981).

The church claimed protection from a waiver and assumption of risk document signed previously by the plaintiff. The court ruled that General Obligations Law (“GOL”) 5-326 did not apply and did not serve to prevent the enforcement of the waiver because the church was not a place of amusement or recreation.

Maryland Vendor/Landlord Waiver Fails Due to Statute

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By Doyice Cotten

Eugene Jaeger, operator of the Unicorn Strings Music Company was a vendor at the outdoor International Renaissance Festival (IRF) in Maryland when he slipped and fell while walking on a gravel walkway and a boardwalk to go to the restroom. While on the boardwalk, he stepped onto a patch of a slippery substance and fell.(Jaeger v. International Renaissance Festivals, LTD, 2017 U.S. Dist. LEXIS 72539)

He had signed a waiver of liability in his vendor lease;

Massachusetts Indemnity Clause Enforced in Ultimate Frisbee Case

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By Doyice Cotten

Liability waivers often include an assumption of risk, a waiver of liability for negligence, and an indemnification agreement. The purpose of the waiver of liability is to protect the provider from liability in the event of participant injury. In spite of the presence of a signed waiver, suit is often filed by the injured party or by others on his or her behalf.

The object of the indemnification agreement is for the provider to be able to recoup any loss resulting from such a legal action – the loss may include a monetary judgment,

Staying in the Field and Out of the Courthouse (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

by Charles R. Gregg

Reb Gregg is a leading attorney, lecturer and writer in legal liability issues for adventure, education and recreation based outdoor programs. He is a true expert in the area of risk management.

The primary purpose of a risk management plan is not the avoidance of legal liability.

Understanding the Lessons of Risk Management in Soccer

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Editor’s Note:  This article on risk management in soccer was submitted by a contributor. Note that there is some very valuable risk management information in the first hyperlink. Although the cited material refers to professional soccer players, the risk management suggestions may be useful to amateur and youth coaches as well. DC

By Connor Smith

Professional soccer players, just like any other athletes, are human beings, ordinary people who possess extraordinary skills that are the envy of many.

Risk Management in Today’s World (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

Thanks to Reb Gregg for permission to publish this thought provoking treatise on risk management in today’s world. Reb would welcome discussion on the topic and we will be happy to post your comments on this site. Reb would like to know which of these issues, or others, are most significant for your sport,