Simple Waiver of Liability?

[Lazarus]

All,

I have a neighbor who has agreed to let me tap her trees; however, she wants me to provide her with a signed waiver of liability, in that I agree not to hold them responsible (i.e. their insurance) should I become injured on their property. It’s a one-way liability concern on their part regarding my well-being; they are not concerned about me being able to show that I have my own insurance.

I’ve looked around for some generic waiver forms, but I can’t seem to find any. I see that there is some language in UVM's sample lease agreement, but I don't want to hit her with a big formal sugarbush lease agreement over a mere 15 yard trees, nor do I have my own massive third party premises liability policy that I can provide documentation for. I'm just looking for somthing simple so she feels that she is covered.

Does anyone have anything like this and would be willing to share your legal language with me?

Thanks,
-Laz

200+ taps
2 x 6 GBM
New sap hauler for 2012
Looking for new properties

[buckeye gold]

I done a search and found these as possible resources for you. I have not used any of these site so make your own decision.

Also here is a site with sample forms http://www.sampleforms.org/liability-waiver-form.html

http://www.rocketlawyer.com/docLanding?docCategoryId=154&utm_source=103&campaign=Alpha+Search&keyword=liability%20waiver%20sample&mtype=e&ad=10407849425&doctitle=Release+Of+Liability&gclid=COPR-Jezua0CFYMEQAodrjEGpQ

http://www.docstoc.com/customize/104724864/waiver-of-liability/register?gclid=CIbFw6Szua0CFWcBQAodaTNAoQ

[buckeye gold]

Here is a sample form i found online too. I have no idea if these are appropriate legal language, but it's a place to start.

GENERIC WAIVER OF LIABILITY

WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

1. In consideration for receiving permission to ______________ on the property of _____________________, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE __________________________ (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law

2. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees that Releases may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.

3. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of ___________ and that any mediation, suit, or other proceeding must be filed or entered into only in _______________ and the federal or state courts of _____________. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.


IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.

I HEREBY CERTIFY that I have personal health insurance. My insurance company is __________________________________________________ __________________________________________________ ______.

IN WITNESS WHEREOF, I have signed this Waiver and Agreement under seal on this _____________________________ day of _______________________, 200_______.

WITNESS: PARTICIPANT:

_________________________________________________ __________________________________________________ ____

[Lazarus]

These are great! I'm sure I can craft something very quickly, especially the latter one is quite perfect. Thanks!!

[jmayerl]

you can certainly write something like that up if it will make the landowner happy but beware, that a waiver like that isn't worth the paper it is printed on. having friends that are lawyers, it always makes them giggle when something like this comes up in conversation. Now I don't know about your state but in Wisconsin it is state law that any person, while on the land of another while recreating(hunting, fishing, trapping, making syrup) can not hold the landowner responsible for any injuries or other liabilitys. This does not apply if the landowner charges more than $2000 for the activity. This of course being state law give landowners full coverage. I have to bring this up sometimes when asking to hunt on farmers land so thats why I know about it.

[MapleOak]

In Maine we have the same land owner liability laws jmayerl is talking about... The state did this to encourage private landowners to open their property up for recreation...
I would look on your state website to see if there is any information there... I would even consider looking on Vermont's website since they are such a big producer they have probably already addressed this. They have just assembled a task force in Maine that will probably address factors like this...
When I worked in construction my boss would always say, "if you fall off that ladder, right before you hit the ground you're fired." That's liability coverage!

[Lazarus]

Wow, we sure do not have a law like that in Ohio. We're free to sue wherever, whenever, and whomever, even if they weren't in the least bit involved. If anything, I should be proving to her that I have insurance to protect *them* against damages I might do. (And I agree, but that is a very long insurance saga for another time).

I am mostly doing this to make her feel better that I won't hold them responsible if something happens. I sure I hope I don't flip the ATV on their perfectly level, wide open front yard going 2 miles an hour. Although, I suppose I could get attacked by something. That pretty black maple in their side yard was sure lookin' at me kinda shifty when I was there last time ....

-Laz

[jmayerl]

[QUOTE=Lazarus;170937]Wow, we sure do not have a law like that in Ohio. We're free to sue wherever, whenever, and whomever, even if they weren't in the least bit involved. If anything, I should be proving to her that I have insurance to protect *them* against damages I might do. (And I agree, but that is a very long insurance saga for another time).

Acually you do have it........Ohio state statue 1533.181. It is definatly more vague than some that I have seen but it covers the landowner as long as they don't charge a fee for the recreation that you are doing on there land.

[foursapsyrup1]

Is there anything like that in Massachusetts??

[jmayerl]

Is there anything like that in Massachusetts??
That's what god made google for!

[buckeye gold]

Yes we do have a law in Ohio that protects landowners for giving recreational permission. However, I wonder if it's nullified if your basically harvesting and selling something. I also know some land owners want paper and figured this was your case. I know for a fact the law covers recreational activities (ie hunting fishing, ect) as I worked for ODNR when it was enacted.

As someone else says, a waiver does not protect someone from being sued or negligence, Liability is liability in the eyes of the law. The laws protect landowners from accidents and frivolous suers, but they are not released from maintaining safe property.