I have a waver for people to sign before they or their kids are allowed to ride my ATV's. Does anyone else do this? the waver was bought at a Legal Document site and I changed a few things for the ATV, and for the authorization of minor children to ride.



Waiver and Release
Release executed on the _____ day of ____________, _____, by ___________________ (the 'Releasor' and or parent / guardian for the minor child _____________________) of _________________________________, to My name and or spouses name (the 'Releasee') of address, Nevada zip.

I, the Releasor, being of lawful age, in consideration of being permitted to participate and or my minor child in operating an ATV and being around ATV's., scheduled for From December 25, 2003 to December 31, 2004, and run and/or operated by the Releasee, WAIVE, RELEASE, and DISCHARGE the Releasee, his heirs, executors, administrators, legal representatives and assigns from all liability for or by reason of any damage, loss or injury to person and property, even injury resulting in the death of the Releasor, which has been or may be sustained in consequence of the Releasor's participation in the activity described above, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Releasee.

I hereby acknowledge and agree that I have carefully read this Waiver and Release agreement, that I fully understand same, and that I am freely and voluntarily executing same.

By signing this release I will be forever prevented from suing or otherwise claiming against the Releasee for any property loss or personal injury that I may sustain while participating in or preparing for the above noted activity.

I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this Waiver and Release agreement.

I understand that I would not be permitted to participate in the above noted activity unless I signed this Waiver and Release agreement.

I understand that this Waiver and Release agreement is binding on me, my spouse, my heirs, my executors, administrators, personal representatives and assigns.

I acknowledge that ATV’s are not toys. The ATV’s owned by the Releasee are not to be ridden by children under 16, according to all safety recommendations. Doing so is at the the Releasor's sole discretion. ATV operation is dangerous and ATV's are capable of high speed and severe injury and death may occur to myself, spouse and children. I acknowledge that a safety video has been offered for me and my family to view. I further acknowledge that I or my children do not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent me from participating in the above mentioned activity, and, if required, will obtain a medical examination and clearance.
Initial that you have read and fully understand the above statement _______

This release contains the entire agreement between the parties to this release and the terms of this release are contractual and not a mere recital.

This Waiver and Release Agreement will be construed in accordance with and governed by the laws of the State of Nevada, and it is acknowledged by the Releasor to be as broad and inclusive as permitted by the laws of this jurisdiction.

I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEE(S).
The Releasor has executed this Waiver and Release at ____________, ______________,
State County
Nevada on the _____ day of ____________, 20____.

SIGNED, SEALED AND DELIVERED

in the presence of: ____________________
Print name of witness

WITNESS:_____________________
Signature of witness

Signed _______________________

Signed _______________________

Signed _______________________

 

I don't like it , but , here's what I think . ......

A lawyer will be able to go through that pretty easily . I don't like it , but , that is what my opinion is .

"Ladies and Gentlemen of the Jury , Mr. Vegas Fireman knows fully the dangers of the use of this type of equipment , rather than keep inexperienced poeple from the dangers he has chosen to draw a contract and then expose poeple to these risks with the sole interest in protecting himself .

Knowing these dangers as written in this contract , he has still allowed inexperienced riders to operate HIS equipment , his only thoughts of safetly are for his own pocketbook only . Ladies and gentlemen ,, do you think this is right ?????? Isn't it time we make careless poeple who hide behind carefully worded paper work be held accountable ??? "




The outcome of of a trial could go either way when you have a jury , I have seen folks injured riding on friends private propery , they sued ,,,,,,,, THEY WON . I don't think it's right , but , thats how it goes . The person doing the sueing many times is not the one behind it , the creditors of the person are .

Rick

 

Without one, that same jury could be told that Mr, Dumb *** had no idea that these were dangerious. Mr, Fireman never told him of the dangers. Mr. Dumb *** thought they were a toy.

On the other hand, when ever you rent one from anywhere they make you sign a waiver. I have to assume that since they are still in business that the must work. If you go on a over night outting with the boy scouts, you have to sign one. What could it hurt? The very least with a signed waiver that stated you can be injured or killed, they can't say they did not know it was dangerious. I'm hoping at the very least it give some protection. I'll take some over none.

You can sue a ham sandwhich for not being on wheat bread, does not mean your gonna win.

Craig

 

[img]i/expressions/face-icon-small-smile.gif[/img]

 

That's a well done release. Can i copy it?
we've stopped letting others ride our machines, period. As said before, in tragic situations people might be forced to see you and any coverage you've got can't hurt your defense. However, i wonder if the risk is worth letting someone else wear out your machine?

Couple years ago I was explaining all the risks, getting a verbal understanding with a parent of son's friend. As she is agreeing to accept responsibility, completely understands, etc, she say's they aren't the suing type. Then under breath kinda, "except that time i hurt my back at my sister's"[img]i/expressions/face-icon-small-disgusted.gif[/img]

 

I aggree , it appears to be a well written release . The person signing it should at least recognize possible dangers and maybe prevent an accident just by making the person think a minute (something we haven't had to do for ourselves in a few years ) :-) .

Here's to a safe 2004 for everyone .

Rick

 

Oh sure you can copy it. Thats why i put it up, that and I know there is a lawyer on here somewhere that can pick it apart [img]i/expressions/face-icon-small-smile.gif[/img] I did not write it. I got it off a legal website. I paid for it. I just changed it to refelect atv's and add a place to sign and name for their kids.

Just don't sue me if it does not hold up in court! hahaha

Craig

 

VegasFireman ,

Maybe before we copy this waiver we need to sign a waiver that protects you in case we use this waiver and suffer a suit .....

~grin~

Rick Ritter

 

LOL ya just never know this day and age.

 

i think the waiver is dumb!!im sure the reason rental places have you sign one is because the insurance company requires it..i let a few of my friends ride my machine all the time and when we are around their kids ride it too,i dont know what kind of ppl you lend your stuff out to but i know my friends wouldnt sue me even if their kids got seriously hurt on it,they all have quads so they know what the risk are.