Friday, February 15, 2013

Another Legal Waiver (A little help here?) ? New York Personal ...

You guys know how much I love legalese, right?

Last year I wrote a waiver for a half marathon trail race that was crowd-sourced a bit. It came out great, in my not-so-humble opinion.

I?m now doing another one for participation in my little running club. Any comments or suggestions are welcome. You can find a little background on the concept of assumption of risk for athletic events here.)

This is a draft of the document club members would have to sign?and if you know about a Legal Waiver Hall of Fame, please let me know:

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Club Membership Agreement and Waiver

I?m reading this because legal waivers are incredibly exciting documents. It?s always fun to see how lawyers butcher English, making it incomprehensible to mankind. I?m looking forward, especially, to ALL CAPS, since I know that?s how these things roll.

I know, of course, that I have to read and sign this, because running in and volunteering for organized group runs, social events, and races are potentially hazardous activities. It?s possible that I could be injured or somehow squashed like a bug. I certainly hope that doesn?t happen, but life is unpredictable when you engage in athletics.

I?m smart enough to know that I shouldn?t participate in any club-organized events without being in appropriate physical shape. Doing otherwise would be stoopid.? With my John Hancock at the bottom, I certify that I?m medically able to engage in all activities associated with the club, that I?m in good health, and properly trained.? Yay me!

And because I want to participate, I agree to abide by rules established by the club, even if they don?t seem to make sense at first blush. This includes the right of any official to deny or suspend my participation for any reason whatsoever. I think this is what the lawyers mean when they say they don?t ?always seem to make sense at first blush.?

I attest that I have read the rules of the club and agree to abide by them.? If I haven?t actually read the rules, and am just claiming that I have, this will be my problem.

Some of the risks associated with participating in club activities may include falls, contact with other participants, weather effects, traffic and the conditions of the road or trails, all such risks being known and appreciated by me. There might be, for example, bicycles, skateboards, baby joggers, roller skates/blades, dogs, and alligators. I realize that the lawyers just kinda tossed in the alligators to make sure I was still reading.

Sometimes, of course, there will be unexpected problems, deviations, and detours. Trail running in particular, may have risks that are unforeseen even by organizers.

Having now read this waiver, and being appreciative of the lack of ALL CAPS, I (and my heirs should I kick the bucket), waive and release NewRo Runners and all club sponsors, their representatives and successors (and anyone else a lawyer can dream up) from all claims of any kind arising out of my participation.? I also grant permission to all of the foregoing to use my photographs, motion pictures, recordings or any other record for any legitimate promotional purposes for the club.

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Any suggestions regarding things that I left out, or ways to improve it, please let me know?

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Source: http://www.newyorkpersonalinjuryattorneyblog.com/2013/02/another-legal-waiver-a-little-help-here.html

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