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-   -   Hold Harmless agreements for co-racers? (https://www.offshoreonly.com/forums/general-racing-discussion/208518-hold-harmless-agreements-co-racers.html)

Fast Shafts 05-09-2009 11:30 PM

Hold Harmless agreements for co-racers?
 
Just curious if any raceboat owners have co-racers sign a "hold harmless" agreement? I have a class 6 raceboat and am concerned about the possibility of getting sued if my driver (I throttle) were to get hurt.
Is there a standard form for this?
Your comments ideas appreciated!
Thanks,
Bob Geoghegan, 606 Lock'd Up racing

DareDevil 05-09-2009 11:50 PM


Originally Posted by Fast Shafts (Post 2862655)
Just curious if any raceboat owners have co-racers sign a "hold harmless" agreement? I have a class 6 raceboat and am concerned about the possibility of getting sued if my driver (I throttle) were to get hurt.
Is there a standard form for this?
Your comments ideas appreciated!
Thanks,
Bob Geoghegan, 606 Lock'd Up racing

In SBI he already sign's that with SBI in the entry form !!! NO NEED.
He basicly states that he is racing so he can not claim anything,,because he knows of the posibility's to get hurt .

Thats why its called racing. ?!:rolleyes:
Read your entry form for the year,,i think it should be in there ?! But i am not shure about the OPA contract !?

GoFastSonic 05-10-2009 08:54 AM


Originally Posted by Fast Shafts (Post 2862655)
Just curious if any raceboat owners have co-racers sign a "hold harmless" agreement? I have a class 6 raceboat and am concerned about the possibility of getting sued if my driver (I throttle) were to get hurt.
Is there a standard form for this?
Your comments ideas appreciated!
Thanks,
Bob Geoghegan, 606 Lock'd Up racing


Good question Bob

BRUCE SEROFF 05-10-2009 10:35 AM


Originally Posted by daredevil (Post 2862660)
In SBI he already sign's that with SBI in the entry form !!! NO NEED.
He basicly states that he is racing so he can not claim anything,,because he knows of the posibility's to get hurt .

Thats why its called racing. ?!:rolleyes:
Read your entry form for the year,,i think it should be in there ?! But i am not shure about the OPA contract !?

I think that waiver protects the race org. and its affiliates only. But, not the team.

Its a good idea to have them sign one. They say they would not sue now. but GOD forbid, they are seriously injured and cannot pay their bills, they will change their tune.

DareDevil 05-10-2009 10:49 AM


Originally Posted by BRUCE SEROFF (Post 2862822)
I think that waiver protects the race org. and its affiliates only. But, not the team.

Its a good idea to have them sign one. They say they would not sue now. but GOD forbid, they are seriously injured and cannot pay their bills, they will change their tune.

But if u think about it ,,it would not go nowhere ?!

Because if my driver would sue me ,,i could sue him for the damage on my boat ( because of driver error ) as well ?!

Come on ,, i know here in the US everybody is sue hungry ,,,THIS NEEDS TO STOP !!!

They go to court for less then 1000 bucks ,,,in germany u kick some a$$ and be done !!!:grinser010:

But seriously,,i don't think a lawsuit would stand in front of court in a case like where talking ?!:cool:

BRUCE SEROFF 05-10-2009 10:52 AM

i guess it all depends on the circumstances. still cant hurt to protect yourself.

LostinBoston 05-11-2009 01:17 AM

write up an agreement saying that
"each individual is resposible for their own health, medical, travel expenses.
The boat will be checked by said individual and deemed to be in acceptable condition to race by their standards.
No participant has any liability to the other.
These Expensses will be paid in this way...
Prize money will be divided in ..."
Signed and witnessed.
Cover all the bases, but dont race with someone that you dont trust your life with.

AugiePensa 05-12-2009 09:50 AM

Bobby, COVER your A$$! Get it signed, ya never know.

Fast Shafts 05-12-2009 11:13 AM

Thanks for everyone's input!
By the way, I'm not talking about Vinny. Vinny has helped me out for the last few years, but due to medical issues, he can't race.
As Bruce said "God forbid", even a minor injury can lead to serious problems.

jeff1000man 05-12-2009 11:19 AM

:food-smiley-007: Good info

smiklos@sunprint 05-12-2009 08:21 PM

Crew taking action against each other
 
This can and has happened. I have seen a case where the throttle man filed an action against the driver after an ejection with injuries.
Steve

DareDevil 05-12-2009 08:56 PM


Originally Posted by smiklos@sunprint (Post 2864797)
This can and has happened. I have seen a case where the throttle man filed an action against the driver after an ejection with injuries.
Steve

Steve,,tell ...but there is no way that he got something ???!!:eek:

Is there ?

HTRDLNCN 05-12-2009 09:48 PM


Originally Posted by daredevil (Post 2864822)
Steve,,tell ...but there is no way that he got something ???!!:eek:

Is there ?

doesnt matter either way,it still ends up costing everyone money.
Best to cover your ass up front..
friends is freinds,business is business..

DareDevil 05-12-2009 10:01 PM


Originally Posted by HTRDLNCN (Post 2864885)
doesnt matter either way,it still ends up costing everyone money.
Best to cover your ass up front..
friends is freinds,business is business..

I understand ,,but hell ,,if my friend races with me ,,and trusts me on the throttle and i trust him on the wheel,,,now something happens,,why should he sue me ???

I just don't get it ,,,that basically means u cant even trust the guy your racing with,,VERY SCARY !!!

And only in AMERICA !!! Because they let people get away with lawsuits like that.

If u would do that in germany they would ask u if your out of your mind !!
A waist of time and money ,,in my opinion,,thats where the Presi could start making changes !!!:eek:

Fast Shafts 05-12-2009 10:37 PM

Scott,
It's not that I don't "trust" my driver, but sh*t happens. What if another boat were to hook in a corner and ram the driver's side? It's not the driver or throttleman's fault, but someone can get hurt, and when they do, they sue.
I'm looking for insight from others who do use a "release" form.
I think the race Steve is reffering to was the 2001 Worlds in St. Pete when an F1 boat nearly tore the arm off a racer.

F1-00 Racing 05-13-2009 02:01 AM

Good bad or indifferent this is America. Yes Scott the SBI form would be a good template to start with as that is primarly set up to protect SBI, I am sure it has clauses in there that protect other boats and so on, but what would it hurt for Bob or anyone for that matter to have his driver sign it?

BRUCE SEROFF 05-13-2009 04:08 AM


Originally Posted by daredevil (Post 2864893)
I understand ,,but hell ,,if my friend races with me ,,and trusts me on the throttle and i trust him on the wheel,,,now something happens,,why should he sue me ???

I just don't get it ,,,that basically means u cant even trust the guy your racing with,,VERY SCARY !!!

And only in AMERICA !!! Because they let people get away with lawsuits like that.

If u would do that in germany they would ask u if your out of your mind !!
A waist of time and money ,,in my opinion,,thats where the Presi could start making changes !!!:eek:

This aint germany. Cmon...think about it. Illegal aliens, terrorists, Pirates, Murderers, Child Abusers, have more rights than law abiding citizens. It aint right...its America.

smiklos@sunprint 05-13-2009 06:56 AM

Case
 
I cannot talk about the case but I can tell you the APBA event insurance 5 million was in play. If you think it cannot happen and will never see a court room history will tell you different.
Steve

AIR TIME 05-13-2009 08:45 AM

wow that sucks, but its a good idea to write it up, I am going to make one up, my nav made me pull over in a race cause it was to rough and my bolster broke a part he said he was going to pull his cord out:eek:. so I pulled over he had bruised ribs from me falling into him eveyother wave since I had nuthing holding me in place and was boucing around the cockpit like a pin ball:lolhit:. my back was shot but its bad anyways so what. but its smart for everyone to sign one even going out for runs with friends I was talking to gerry about that making up a letter to sign. so scott get one ready haaha.

DareDevil 05-14-2009 10:16 AM


Originally Posted by AIR TIME (Post 2865112)
wow that sucks, but its a good idea to write it up, I am going to make one up, my nav made me pull over in a race cause it was to rough and my bolster broke a part he said he was going to pull his cord out:eek:. so I pulled over he had bruised ribs from me falling into him eveyother wave since I had nuthing holding me in place and was boucing around the cockpit like a pin ball:lolhit:. my back was shot but its bad anyways so what. but its smart for everyone to sign one even going out for runs with friends I was talking to gerry about that making up a letter to sign. so scott get one ready haaha.

Art,,,write one up !!!! I get everything u get nothing in case something happens !!:grinser010::evilb:

wot 05-14-2009 12:30 PM


write up an agreement saying that
"each individual is resposible for their own health, medical, travel expenses.
The boat will be checked by said individual and deemed to be in acceptable condition to race by their standards.
No participant has any liability to the other.
These Expensses will be paid in this way...
Prize money will be divided in ..."
Signed and witnessed.
Cover all the bases, but dont race with someone that you dont trust your life with.
:cheer:



friends is freinds,business is business..
:cheer:


:drink:

VinMan 05-18-2009 08:06 PM


Originally Posted by Fast Shafts (Post 2864389)
Thanks for everyone's input!
By the way, I'm not talking about Vinny. Vinny has helped me out for the last few years, but due to medical issues, he can't race.
.

Oh I forgot to tell you about the debilitating fiberglass splinter I got last season..

You'll be hearing from my attorney...:D:D

Fast Shafts 05-19-2009 07:28 AM

Vinny,
I guess the penis enlargment surgery went OK? Glad to see you back on line...:drink:
So are you going to make it down to Ocean City???

racesdad 05-19-2009 07:06 PM

we have all of our team members sign one

Moving2Miami 05-20-2009 01:50 AM

Also in Sponsor Agreements...
 
I would STRONGLY recommend that you also have this in ALL of your sponsor agreements.

I have always put them in there, and sponsors with some experience in motorsports will demand it.

What you actually need is an Idemnification, Defend, & Hold Harmless agreement...


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