By Doyice Cotten
Richard Angelo died during the swimming portion of a triathlon organized by USA Triathlon (USAT). In spite of Richard having signed a waiver and indemnity agreement, his wife Cheryl filed suit alleging negligence, gross negligence, pain and suffering, and infliction of emotional distress (Angelo v. USA Triathlon, 2014). The waiver read:
- I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USAT,
By Charles R. Gregg and Catherine Hansen-Stamp ©2012*
I am pleased to be able to run this great article on waivers and releases by two of the leading adventure law attorneys. I am breaking it into two parts which will run in consecutive weeks. It is Reprinted from The CampLine by permission of the American Camp Association and the authors.
Camp managers and camp families appear to understand the significance of an agreement in which the camp seeks protection from certain claims.
This is a well-researched article pointing out some important aspects of Florida waiver law. Thanks to Nina Conte for allowing SportWaiver.com to publish this article. Nina received her law degree from Florida International and is an associate with Cole, Scott, and Kissane P.A. The article originally appeared on the firm website. As you read the article, note that Florida is one of the few states that will enforce waivers for gross negligence. Also, note the care that must be taken in preparing a waiver in Florida.
John Sadler, Sadler & Company, Inc.
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”.
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.