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 Post subject: Waivers
PostPosted: Mon Feb 16, 2004 2:47 am 
I'm starting a Uechi Club in Banff, tired of searching for training partners :( thought I'd create a few.

Liability is a big issue these days thought I'd include a waiver in the enrolment documentation. Not being well versed in these matters I thought I'd post here. What should be included in these waivers?

Could anyone post a sample of what they use?

All advice will be appreciated.

Laird


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 Post subject:
PostPosted: Fri Feb 20, 2004 9:24 pm 
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Joined: Wed May 15, 2002 6:01 am
Posts: 1446
Location: Jeddore
Best wishes in your starting a dojo Laird!
I suggest the waiver the YMCA uses as it is worded nicely.
Liabilty for our club was addressed by joining the Nova Scotia Karate Association (NSKA) It is also a National Association and I will send you a contact email address. For a cost of $ 20.00 per year for each student you can`t beat the coverage they provide in medical/dental and other liabilty areas. Dan ranks must pay $60.00 as they register them Nationally. I must say that I am pleased with the services they provide and they certainly will not interfer in your program.

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Léo


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 Post subject:
PostPosted: Sat Feb 21, 2004 12:18 am 
Thanks Leo!


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 Post subject:
PostPosted: Sat Feb 21, 2004 6:50 am 
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Joined: Mon Sep 04, 2000 6:01 am
Posts: 118
Location: Canada (for now)
Laird,

Good luck with the class.

The kids are no longer in Banff. (ah, to be young again and come and go as you please :D ) So, I don't know when I might be able to visit, but keep us posted on your progress and maybe I can drop in one day.

nick


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 Post subject: Liability Waivers
PostPosted: Mon Feb 23, 2004 5:37 pm 
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Joined: Mon Nov 20, 2000 6:01 am
Posts: 493
Location: Framingham, MA USA
Sorry for the delay,Laird

The use of "Waivers" has become more and more apporpiate in many United States jurisdictions.

At one time, some jurisdictions did not recognize the use of waivers as being against "public policy" or subject to the common law theory that one cannot contract away liability.

We have had some reports on this forum and others on Canadian codes and statutes, but I do not profess any expertise in Canadian law.

However, the popularity of sports in the last half century has been noted by the courts and the Legislature, and the practical effects in decisions in the higher courts has become morer prevalent in the last few years.

If you scan through this forum, you will find a few.

The waivers commonly used in the Comonwealth of Massachusetts have been the product of some Massachusetts cases, and the expanding theory of "voluntary assumption of risk".

The waivers should be drafted for both dojo and tournament events.

These are structured on the applicant being advised of risk, and the fact that applicant has read and accepted the waiver statement.

In the case of a parent acting for a minor, the language in these applications should reflect this.

I believe Canadaneh has given you some good advise, and the the price for coverage seems fair.

I will check on some of my "Word" documents as to waiver forms.

Alan K

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"The Goddess of Justice is Blind"


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 Post subject: Waivers Example
PostPosted: Mon Feb 23, 2004 6:07 pm 
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Joined: Mon Nov 20, 2000 6:01 am
Posts: 493
Location: Framingham, MA USA
I was able to find a copy of the language we used in drafting the IUKF tournament application. It is a bit lengthy and can be shortened or adapapted for dojo use.

Perhaps sensei Jay Salhalnick (on our tournament forum) could get you a current version.

Lots of luck and congratulations on your new dojo.

Here is the language:

I, the undersigned, personally, or as the parent, custodian or guardian of a minor participant in this event, do hereby release all persons or entities associated with this event in ANY capacity,
including but not limited to the IUKF(name of event sponsors insert) and all persons or entities involved in the (insert event), from any and all liability or damages resulting or incurred or sustained as a result of attendance or participation in this event.
I further consent to my personal participation, or that of my minor child, or in my capacity as custodian or guardian of said participant I have read this document, understand the contents of this waiver, and do hereby consent to the same. I also understand that the martial arts are a contact sport which may result in bodily injury and in consenting to said participation, undertake the assumption of risk which could occur by engaging in said sport. and that I, or in my representative capacity, consent to and will abide by the rules and regulations of the tournament, and assume any and all liability, including responsibility incumbent and associated with the violation or infringement of these rules.
Consent is hereby given to sponsors or officials of this tournament to use any pictures or media coverage of this event which may result in images or interviews with the participant, and to these, I consent to their use and distribution, all without reimbursement or monetary compensation of any kind. I further understand that published rules and regulations of the IUKF have been given to me or are available upon request. to the IUKF or the tournament sponsors.

_________________
"The Goddess of Justice is Blind"


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 Post subject:
PostPosted: Thu Feb 26, 2004 7:19 am 
Allan, thanks for the assistance. Sorry to take so long to reply, I was loosing the virus wars for a day or two :(

Laird


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