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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