[TheThinkTank] Electronic or paper waivers? was: Seeking examples of liability waivers

11 Jul 2023 · *CBS NAME*

      Curious if any of your orgs have moved to electronic waivers for volunteers
or customers looking to rummage in the shop. I recently signed my son up
for an activity and it had an online waiver, made me initial everything
(worked fine on the phone) but then it sent an email I had to confirm I
received, which seems problematic for real-time check-ins. But the allure
of paperless is attractive.
Thanks!
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On Fri, Dec 2, 2022 at 12:22 PM mfen651--- via Thethinktank <
thethinktank@lists.bikecollectives.org> wrote:
...
Not sure if this will reach all or any of you any longer, but I feel it
best to attempt to reach out on this matter as it shows up NOT
infrequently.  Liability Waivers are an increasingly controversial legal
tool designed to protect.  The question often becomes who are they
protecting and from what?  At the root of any liability waiver is the
desire to shield one from liability in terms of legal ramifications.
More and more legal decisions are rooted in local precedent and rule.  For
this reason, to develop a truly useful and protective liability waiver you
are best served by seeking advice locally.  Its fine to use other liability
waivers as a template, to even hand to your attorney.  But the best
protection you have against liability is not to create any, and therefore
to shield yourself in the best way possible seek local legal advice.
I wish you all a liability free happy holiday season, and a great new
year.
-----Original Message-----
From: Jonathan Rosenbaum via Thethinktank <
thethinktank@lists.bikecollectives.org>
To: The Think Tank thethinktank@lists.bikecollectives.org
Cc: Jonathan Rosenbaum bike@bikelover.org; Joshua H. <
joshuahof@gmail.com>
Sent: Fri, Dec 2, 2022 3:00 pm
Subject: Re: [TheThinkTank] Seeking examples of liability waivers
Yes, mailman's search service which DreamHost administers isn't working,
and we don't even have access to our mailman data.  We've contacted
DreamHost many times seeking a resolution.  This is just one more reason
why we are in the process of moving everything to our own KVM servers.  The
migration involves plenty of work, but it will be brought to fruition ..
note to Jonathan, myself, volunteer B!B!E! system administrator.
Here's one:
Waiver of Liability
I, and my heirs, in consideration of my participation with "*CBS NAME*"
hereby release "*CBS NAME*", its officers, directors and agents, and any
other people officially connected with this organization, from any and all
liability for damage to or loss of personal property, sickness, or injury
from whatever source, legal entanglements, imprisonment, death, or loss of
money, which might occur while participating in said event/activity/class.
Specifically, I release "*CBS NAME*" from any liability or responsibility
for my personal well-being, condition of tools and equipment provided and
produced thereof, including, but not limited to, bicycles and modes of
transportation produced by participants. "*CBS NAME*" provides a
working,mechanical environment and I am aware of the risks of
participation. I hereby state that I am in sufficient physical condition to
accept a rigorous level of physical activity and exertion, as is sometimes
the case when working in a mechanical environment. I understand that
participation in this program is strictly voluntary and I freely chose to
participate. I understand "*CBS NAME*" does not provide medical coverage
for me. I verify that I will be responsible for any medical costs I incur
as a result of my participation.
Also, look at the League of American Bicyclist waiver -
https://appsrv4.amerspec.com/dbweb/f?p=144:2:3582501108255189 , and even
consider joining their insurance program -
https://www.bikeleague.org/content/insurance-clubs-and-organizations
As Kevin points out, you should run any waiver you plan to use by a legal
mind.  Additionally, ask your Insurance provider because they sometimes
provide boilerplate waivers like LAB's insurer.
-Jonathan
On 2022-12-01 10:41, Joshua H. via Thethinktank wrote:
Hello all,
We need a better liability waiver for our CBS. We need something that is
easy to read/understand. I've tried searching through the archives of the
thinktank but it isn't returning any results (getting a ht://Dig error).
Anything you can send will be very helpful!
Bicycle rider solidarity,
Joshua
Community Bike Shop at Barber Park

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