Tag Archives: indemnification

Evaluation of a Liability Waiver by a California Appellate Court

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,

Another Waiver Fails to Protect in Connecticut

By Doyice Cotten

Ronald Perry and his minor son filed suit against the Town of East Haddam after the son (Tucker) was injured while riding a scooter while attending  a “Summer day camp.” (Perry v. Town of East Haddam, 2016 Conn. Super. LEXIS 1149).  They alleged, among other things, negligent supervision on the part of the town and the supervisor of the program.

Defendants responded to the suit by claiming they were protected by a liability waiver and indemnification agreement signed prior to the injury.

Revised State Update on Enforcement of Parental Waivers

By Doyice Cotten

 In September, we ran an article showing which states currently enforce parental waivers. The next week we were told of two recent cases dealing with the subject and in the process of searching for them, found a total of three new relevant cases from three separate states – Maryland, Indiana, and Delaware. Two of the courts enforced the waiver while one did not. We have since posted a summary of each case and this post is a revision of the September summary.

Before You Sign the Sports Facility Lease Agreement

By

John Sadler, Sadler & Company, Inc.
Part II

This is Part II of a 2 part series about the importance of indemnification in facility lease agreements. An authority in the field of sport insurance, John explains another form of indemnification and suggested insurance requirement.


Broad Form Indemnification/Hold Harmless Provision

The third option (Broad Form) is not equitable to the sports/recreation organization and may be contrary to state law in some states as it can be considered to be against public policy and “unconscionable”.

Before You Sign the Sports Facility Lease Agreement

By

John Sadler, Sadler & Company, Inc.
Part I

This is Part I of a 2 part series about the importance of indemnification in facility lease agreements. An authority in the field of sport insurance, John discusses why indemnification is important to the facility operator and explains two forms of indemnification. In Part II he will explain another form of indemnification and suggested insurance requirement. Part II will appear next week.

Assumption of Risk – Waivers – Indemnification: What Do They Do?

This Table is excerpted from the 7th edition of Waivers & Releases of Liability by Doyice and Mary Cotten.

Have you ever wondered “What is the difference between assumption of risk and a waiver?” What about “‘What exactly is the function of a waiver?” or “What does indemnification language do?” Well, this table will explain the differences in the three concepts and will help you to see why a good “waiver” really should include all three.