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Any Lawyers in the House?
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Post new topic   Reply to topic    Northwest Kiteboarding -> Gorge / Portland / Oregon Coast
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forrest

Since 21 Jun 2005
4330 Posts
Hood River
Hick

CGKA Member


PostSun Jun 07, 09 2:15 pm    Any Lawyers in the House? Reply with quote

Just thought I'd ping everyone and see if there are any lawyers here that have experience working with Participation Agreements or Waivers. I've written one, or stole one more accurately, and would like to pass it by someone. Unfortunately, I'll I can give you is a t-shirt and sticker for your effort.

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Nak

Since 19 May 2005
4316 Posts
Camas
Site Lackey

CGKA Member


PostSun Jun 07, 09 6:01 pm     Reply with quote

You guys need to form an LLC. Waivers don't really help much. They can help some, but no waiver will stop a family member from suing. You can't waive your family's right to sue.

Warning: Rant on.

Liability law in this country is designed to make law firms money. No offense to the lawyers on the board, but it's true. Just like family law. It's not designed to help the children. Any man that's been through a divorce with kids finds this out the hard way.

OK, Rant off.

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pdxmonkeyboy

Since 16 May 2006
6081 Posts
forever labled as the
retired kiter & motorhead Unicorn Master



PostSun Jun 07, 09 8:48 pm     Reply with quote

Nak is right ..especially about the family law thing.

If your talking about next weeks slider fest I would put it all under the slider project umbrella. That is an LLC right?

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Pepi

Since 16 Jun 2006
1832 Posts
Pure Stoke Sports
Shop Owner

CGKA Member


PostSun Jun 07, 09 9:07 pm     Reply with quote

Oh man, does this sh&t give me a stomach ache to think about.

2nd Wind and IPS Skate are in the same boat with this situation for our Slider Jam Party and Rail Competition.
I was thinking of adding a line in our waiver agreeing that if you attempt to sue any of us, your signing this waiver allows us to publicly humiliate you as the world's biggest douche bag for taking advantage of private individuals who are laying their asses on the line to create and support locally run events.

Ditto goes for us with the lawyer, or really more ideally insurance agent.

Speaking of which. Hey Lauren, you back in town yet?

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Pure Stoke Sports
Hood River, OR
http://www.facebook.com/pages/Hood-River-OR/2nd-Wind-Sports/35891485558?ref=mf
www.Purestokesports.com

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mikeinhoodriver

Since 23 Apr 2009
442 Posts
down wind somewhere
Obsessed



PostSun Jun 07, 09 9:36 pm     Reply with quote

You should check in with Bill Sumerfield, located in Hood River. Action sports kind of guy, and an attorney. Nice guy! 386-4264

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forrest

Since 21 Jun 2005
4330 Posts
Hood River
Hick

CGKA Member


PostSun Jun 07, 09 9:39 pm     Reply with quote

Thanks for the tips. The Slider Project, LLC already exists for this purpose. Also, because all this stuff we do is funded from a bunch of people in the community, there really is no single person responsible... Oh yea, on Wednesday the house goes into Katie's name. Smile

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DROCK999

Since 31 May 2007
852 Posts
Left Coast
Opinionated



PostSun Jun 07, 09 9:45 pm     Reply with quote

Pepi wrote:

I was thinking of adding a line in our waiver agreeing that if you attempt to sue any of us, your signing this waiver allows us to publicly humiliate you as the world's biggest douche bag for taking advantage of private individuals who are laying their asses on the line to create and support locally run events.


I like this, I think you should

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BIP- "YOUR GIRLFRIENDS FAVORITE"

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EdG

Since 19 Dec 2005
425 Posts
Just a Kook that's
Obsessed



PostMon Jun 08, 09 12:58 am     Reply with quote

I have friend Gregory that might me in foe a fight. let me see him within the nest few days and see what turns up

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jackZ

Since 13 Apr 2008
355 Posts
Devon Alberta ca.
Obsessed



PostMon Jun 08, 09 5:17 am    lawyers etc Reply with quote

Hey
Too bad it's like that , but I read this forum and partake at my own free will .
Now my feeling was hurt ( fam law talk , Nak )
Can I sue for this as I need new stuff , truck , new kites , money for trips to Hood river etc .Oh dear ....
My other half is from Texas and her motto is " It'll all work out in the warsh "
Thanks to people like you the laundry's getting done eh !

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Moto

Since 03 Sep 2006
2698 Posts
Still a gojo pimp!
Moto Mouth



PostMon Jun 08, 09 7:02 am    Re: lawyers etc Reply with quote

jackZ wrote:
but I read this forum and partake at my own free will .
Now my feeling was hurt ( fam law talk , Nak )
Can I sue for this as I need new stuff , truck , new kites , money for trips to Hood river etc .


LOL

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Still rockin gojos, *ssless chaps, and ankle weights!

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Ziggy57

Since 09 Apr 2009
8 Posts
SPI
New Member



PostMon Jun 08, 09 11:16 am     Reply with quote

We were able to get liability insurance for the South Padre Kite Roundup by using these guys.

R V Nuccio & Associates @ 800-567-2685

The cost was based on the number of participants and spectators, it ran us around $ 600. for the 10 days.

Hope this helps.

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FlyDunes

Since 09 Oct 2007
1034 Posts
Aloha
XTreme Poster



PostMon Jun 08, 09 12:13 pm     Reply with quote

Here's a link to the US Hang Gliding and Paragliding Association's standard waiver form. They've got to have had some experience with this over the years...

http://www.ushpa.aero/forms/Info_USHPA_Release_Waiver.pdf

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Lets FLY

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Gman

Since 11 Feb 2006
4911 Posts
Portland
Unstrapped



PostMon Jun 08, 09 12:30 pm     Reply with quote

Pepi wrote:
if you attempt to sue any of us, your signing this waiver allows us to publicly humiliate you as the world's biggest douche bag


Thumb's Up Thumb's Up Thumb's Up

Additionally, if you kill yourself on the slider (never our slider), we reserve the right to smack your next of kin

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Go Deep!


https://m.youtube.com/watch?v=eu2pBpQolKE

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eli_anderson

Since 04 Jun 2007
507 Posts

Addicted



PostMon Jun 08, 09 4:07 pm     Reply with quote

Gman wrote:
Pepi wrote:
if you attempt to sue any of us, your signing this waiver allows us to publicly humiliate you as the world's biggest douche bag


Thumb's Up Thumb's Up Thumb's Up

Additionally, if you kill yourself on the slider (never our slider), we reserve the right to smack your next of kin


AND.....all you really need is to avoid is Negligence
http://en.wikipedia.org/wiki/Negligence

and if there is such thing as a standard, make sure your systems apply them!

Negligence has to be present in order for Liability to be claimed.

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boarderchick

Since 10 Aug 2007
196 Posts
Wherever there's wind:-)
Stoked



PostMon Jun 08, 09 11:16 pm     Reply with quote

Yes, I have a liability waiver for events, clinics and camps that I'm happy to send over to you Forrest. I've actually been told by attorneys before that liability waivers are a nice-to-have item, but people can still sue, so there is no perfect waiver. Just ensure that the project is an LLC, and that you do have some verbiage about holding harmless, youself, heirs, vendors, etc.... I have that verbiage in my terms of use, and will have to double-check my waiver. Hopefully, you'll have an attorney get back to you!

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forrest

Since 21 Jun 2005
4330 Posts
Hood River
Hick

CGKA Member


PostTue Jun 09, 09 8:23 am     Reply with quote

Martin (moto) busted out an awesome review of the waiver for me. Thanks.

I understand that this is a risk, but what is life without taking risks. You can sit and watch or you can facilitate something amazing. Life is to short to be afraid.

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Windance Crew

Since 18 Apr 2008
473 Posts
Hood River Kite Shop
Obsessed



PostTue Jun 09, 09 9:40 am     Reply with quote

I agree with Pepi. We should start by humiliating the wanker who is currently suing one of the the local kite schools right out of business.
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Windance Boardshop- Hood River
www.windance.com

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