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Author Topic: An important document - Indemnity Waiver.  (Read 6376 times)
bracken
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« on: February 08, 2010, 10:05:39 AM »

Hi all,

To be able to fish some waters we have been asked to resolve some of the legal issues appertaining to our unusual form of fishing. As a body we have often attempted to get a group insurance at a reasonable rate for our members - as yet we have been unsuccessful in this quest, although the problem is still being researched on our behalf by Andre and other Officers of the Association. We are also aware that some members have their own insurance through membership of other bodies such as the Countryside Alliance.

A way round this problem to allow us to fish, is for us to sign an individual waiver for those waters who request it. We did look into the possibility of signing a block waiver on behalf of all members, but this has proved unacceptable to at least one Water Authority and may have had crippling legal implications for the Officer who signed on our behalf! In essence the following document is little different to the situation which appertains at present, where the individual takes responsibility for their own actions at their own risk and agrees to fish within the safety guidelines of the BFTA.

I have therefore researched the subject and adapted my findings to produce the following individual based document, which we believe may be sufficient for our requirements. Please feel free to comment on this form and suggest alterations where necessary. To fish some waters it will be necessary for you to sign before you are allowed to fish - but it is not intended that this will be applied to all fisheries where a current more relaxed regime is currently in force. I apologise for the format problems inherent in this website but the text of the document is as follows:-

               Waiver & Release of Liability Claims and Assumption of Risk Acknowledgement
                                  The British Float Tubing Association. (BFTA)


I hereby acknowledge that participating in guided float tube activities presents a possible risk of personal injury, death and damage or loss of personal property which may result from, but is not limited to the following: float tubing in or around lakes, ponds, reservoirs or other bodies of water, natural hazards including, but not limited to lightning storms and other adverse weather conditions; domestic or wild animals; fire; travel either on foot or in a vehicle in unfamiliar terrain or over fences and other structures, artificial and natural obstructions and unimproved roads, the consumption of provisioned or other food and beverages, as well as traveling in company owned vehicles.I hereby acknowledge and recognize the existence of these risks, and ASSUME ALL RISKS COMPLETELY, and agree that I SHALL HOLD HARMLESS AND TAKE NO ACTIONS OR SUITS, FOR DEBTS, DUES, SUMS OF MONEY, CLAIMS OR DEMANDS WHATSOEVER AT LAW OR IN EQUITY AGAINST:
…………………………………………………………………………………………………………

 his or her heirs, executors, assigns, administrators, property or other guides or aides for injury, death, property damage or loss associated with relating to or arising from those risks enumerated above or otherwise that occur while I am participating in any stage of a float tube fishing trip.In signing below I expect and accept that all reasonable measures regarding safety have been implemented by the above Fishery, Water Authority and/or their designated representatives.I understand and acknowledge that by signing this document that I have given up certain legal rights as a  BFTA member and/or possible claims which I might otherwise assert or maintain against : ………………………………………………………………………………………………………………

These rights are specifically, but not limited to, rights arising from claims or demands for acts of omissions or negligence in any degree of their wardens, bailiffs, guides, aides and all other related persons or entities.I understand that this contract reflects our entire agreement and that my signature indicates that I have read and understand this document, and that I have signed this document of my own free will.

I understand that this waiver applies to any and all trips I participate in with the BFTA. I further state that I am of lawful age to sign this release and waiver agreement. PLEASE NOTE:

YOUR LEGAL RIGHTS MAY BE AFFECTED BY SIGNING THIS FORM

SIGNATURE                        NAME PRINTED                                      DATE
      
      



« Last Edit: February 10, 2010, 03:08:28 PM by bracken » Logged
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