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.
By Doyice Cotten
Most professionals recognize the terms “waiver of liability,” “release and “assumption of risk.” Most, however, are not sure about how these and other similar terms are defined and what their exact function is. In this 3-part series, I will present a brief description of each, along with its intended function. If you encounter some of these terms often, it is probably important that you understand them.
Most of these documents are legal contracts and must be signed by adults.
By Doyice Cotten
I have read well over 1000 sport and recreation waiver cases; occasionally, a strange one comes along. But of all the cases I have examined, Dearnly v. Mountain Creek (2012 N.J. Super. Unpub. LEXIS 527) has to be the most bizarre.
First, the sequence of events:
Mrs. Dearnly was eligible for a free season pass at the Vernon Ski Resort as a job benefit.
Nov. 2008: Mr.
John Sadler, Sadler & Company, Inc.
This is Part II of a 2 part series about liability waivers. An authority in the field of sport insurance, John shares some things he has learned about waivers while in the insurance business.
Assumption Of Risk (AOR) As A Defense To Negligence
The second protective purpose of a waiver/release is to trigger the Assumption Of Risk Defense under tort law – in other words – to provide evidence that the sports organization gave adequate warnings of the risks so that an argument can be made that the participant assumed those risks.
John Sadler, Sadler & Company, Inc..
This is Part I of a 2 part series about liability waivers. An authority in the field of sport insurance, John shares some things he has learned about waivers while in the insurance business. Note: Some of the state laws have changed since this was originally published on John’s website. Change in state waiver law is a constant.) Part II will appear next week.
The following was originally published on www.sadlersports.com/blog/.
John Sadler responds to a frequently-asked question. Although there is little case law regarding this subject, John provides some “real life” advice.
Actual Client Question:
We were wondering if you require hard signatures on the release of liability form, player parent contract, code of ethics? We do registration on line to where everyone has their own password to login to their childs registration,