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Boat Club need advice from lawyers please

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Old 04-07-2004, 01:10 PM
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Default Boat Club need advice from lawyers please

The Performance Boat Club of Canada, a not for profit organization is in need of some advice. Below is a copy of our disclaimer which must be submitted by all members and event participants. The question is, is it enough to cover the club and its directors arses or do we need to re write it. If you could take a few moments to read it and comment on it, I would be highly appreciative.

Waiver and Release of Liability and Indemnity Agreement

Instructions: 1. Applicants age 18 and over, complete part "A" only.
2. Applicants Under age 18 must have parent or guardian complete parts "A" and "B".

PART A- Waiver And Release From Liability

In consideration of being permitted in BOATING EVENTS and/or RACING PROGRAMS, to enter for any purpose any RESTRICTED AREA (herein defined as including but not limited to the racing or event surface, pit areas, launch areas, and all walkways and concessions, and other appurtenant areas where any activity related to the Event or where admittance to the general public is prohibited), or being permitted to compete, officiate, observe, work for, or for any purpose participate in any way in the event, EACH OF THE UNDERSIGNED, for himself, his personal representatives, assigns heirs, next of kin, acknowledges, agrees, and represents that he has, or will immediately upon entering any of such restricted areas, and will continuously thereafter, inspect such restricted areas and or all portions thereof which he enters and areas with which he comes in contact, and he does further warrant that his entry upon such restricted area or areas and his participation, if any, in the event constitutes an acknowledgement that he has inspected such restricted area and that he finds and accepts the same as being safe and reasonably suited for the purpose of this use, and that he further agrees and warrants that if, at any time, he is in or about restricted areas and he feels anything to be unsafe, he will immediately advise the officials of such and will leave the restricted area(s):

1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Michael A. Balz, Baker Marine Support Inc., Mercury Marine, owners and officers of above mentioned, the promoters, other participants, operators, officials, boat owners, drivers, and any persons in a restricted area, sponsors, advertisers, owners, lessees of the premises used to conduct the event and each of them, their officers and employees, all for the purposes herein referred to as "RELEASEES" from all liability to the undersigned, his personal representative, assigns, heirs, and next of kin for any and all loss, damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the Releasees or otherwise while the undersigned is in or upon the restricted area, and/or, competing, officiating in, observing, or working for, or for any other purpose participating in the event;

2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in or upon the restricted area or in any way competing, officiating, observing, or working for, or for any purpose participating in the event and whether caused by the negligence of the Releasees or otherwise.

3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to negligence of Releasees or otherwise while in or upon the restricted area and/or while competing, officiating, observing, or working for, or for any purpose participating in the event.

4. EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the activities at the event and in the restricted areas are dangerous and involve the risk of serious injury and/or death and/or property damage. EACH OF THE UNDERSIGNED further expressly agrees that the forgoing release, waiver, and indemnity agreement is intended to be as broad an inclusive as is permitted by the law of the province or state in which the event is conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducement apart from the forgoing written agreement have been made.

THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representation, statements, or inducements from the forgoing written agreement have been made.

Printed Name: ______________________________________ Witness: ______________________________________

Signature: ______________________________________ Date: ______________________________________



PART B - PARENT/GUARDIAN WAIVER-RELEASE FROM LIABILITY
(If applicant is under 18 years of age, the parent(s) or guardian(s) must execute in addition to the above, this following waiver)

The undersigned, _______________________________________ referred to as the parent(s) and natural guardian(s) or legal guardian(s) of _______________________________________, does hereby represent that he/she (they) is (are), in fact, acting in such capacity and agrees to save and hold harmless and indemnify each and all of the parties herein referred to above as Releasees from all liability, loss, cost, claim or damage whatsoever may be imposed upon said Releasees because of any defect in or lack of such capacity to so act and release said Releasees on behalf of both of the undersigned.

_______________________________________ _______________________________________
NAME RELATIONSHIP TO MINOR
_______________________________________ _______________________________________
NAME RELATIONSHIP TO MINOR


Thanks in advance

Sean Rodrigue
V.P. Events
. The P.B.C.C.
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Old 04-07-2004, 02:34 PM
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the print is too big, you need to make it small print
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Old 04-07-2004, 02:39 PM
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LOL, funny but not exactly the kind of advice I was looking for
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Old 04-07-2004, 02:48 PM
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Im Not a lawyer but I would emphasis the fact that the club is non-profit and its participants are volunteers.
God forbid you would ever have to use this document a lawyer will make someone responsible but a layman will see its not a business.
It also shows more clearly the "intent" of what you are doing. Volunteers organizing like minded people for recreation at their own risk at no financial benefit to anyone.
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Old 04-07-2004, 03:03 PM
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I don't know about the great North, but down here, organized events need to be run through the coasties.
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Old 04-07-2004, 03:34 PM
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No waiver is bullet proof from a lawsuit. We make everyone sign waivers but when it boils down to it - anyone can still bring on a lawsuit.
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Old 04-07-2004, 03:53 PM
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Cord, no coast ies needed here.

Dave P, I understand your poi nt. I want to be sure that due to some improperly worded sentence or phrase we haven't left a huge hole open in the basis of the waiver. vI am sure someone's lawyer would scrutinize the form very closely for any and all mistakes so I want to be as sure as possible that we haven't made any.
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Old 04-07-2004, 05:23 PM
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Contact GRAHAM NEALE @ 416 587 0261.He insures the POKER RUNS AMERICA events in the US AND CANADA.I'm sure he can help you and give the right answers.
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Old 04-07-2004, 05:34 PM
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Great...
Get the lawyers and insurance guy's together and youll have something ready just in time for the 2007 season.
Ohh yeah...the Lawyers will be there in their new boats and the insurance guy's will not be covering anything for your premium.


Whaatt...its not like you havent heard it before
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Old 04-07-2004, 06:05 PM
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Sy, Graham is a personal friend. I am not looking at this from an insurance perspective, purely a legal wording one thanks.
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