WJL:
This kind of post is what I mean by not relying on the internet for legal advice. The basis for miketsp's opinion is what some other guy, whose credentials are unknown, posted in reply to some other question. I know miketsp is just trying to be helpful, but his advice (and the advice of wolf eel - Derek that miketsp is referring to) is not what a competent attorney would give. If you think ScubaBoard is the way to get reliable legal advice, God bless you and keep you, and make sure you own nothing you would care to lose to a judgment creditor.
Continuing on the line of being helpful, in an unqualified manner. Another possible way around this problem is of course that everybody signs a disclaimer:
Example supplied by a friend of a friend of a friend - no guarantees given
Disclaimer (to be signed by participant before first outing) - Version 1.0, March 2005
I, (PRINT NAME) ______, hereby state that I wish to participate in the activities offered by JOHN SMITH and friends (known as JS&F in this agreement), a non-profit informal organization. I recognize diving may involve certain dangers, including but not limited to the hazards of equipment failures, physiological effects, travelling on open water, accidents or illness in remote places, forces of nature, and the actions of participants and other persons. I further understand and agree that without some program providing protection of each members assets and its designated leaders, JS&F would not be able to operate.
For the right to participate in the activities offered by JS&F, I agree to release, hold harmless and indemnify JS&F and its members from any and all liability, claims and causes of action arising out of or in any way connected with my participation or the participation of any minor that I am signing on behalf of in any activities offered by JS&F. I personally assume all risks in connection with these activities. If I am signing on behalf of a minor, I further agree to hold harmless and indemnify JS&F and its members from all liability, claims and causes of action which the minor may have arising from the minor`s participation in activities. The terms of this agreement shall serve as a release and indemnity agreement for my heirs, personal representative, and for all members of my family, including any minors. (Parent or legal guardian must sign for all persons under eighteen [18] years of age.)
I understand that operational expenses will be shared among the participants of each outing and that such payment does not represent any commercial relationship between myself, or the minor I represent, and JS&F, and I further understand that I am in no way contracting the services of JOHN SMITH or any of the other participants in said activities.
I have read this release and indemnity agreement and have fully informed myself of its contents before I have signed it.
Signature of Participant: _______________, Date:___
Signature of Parent or Guardian if Participant is under 18 years of age: _______, Date:____
Participant Contact Address, Tel, Fax, Email/Other
Emergency Contact Address, Tel, Fax, Email/Other
