Author Topic: Liability Insurance  (Read 7431 times)

June 17, 2009, 09:55:01 PM
Read 7431 times

Kriztov

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To run workshops you need accident liability insurance. I asked a guy at Southern Lights, and he said it's around £300 a year in the UK. That would cover performance and teaching.

I think Cyricx is an expert on this for the USA so you should seek his experience.

For me, £300 isn't a huge amount, but it's more than I have to spare at the moment. It's definitely something I'd like to learn more about though, for when I am in a position to afford it.

Until then, I can only do private meet-ups and trick-swap sessions.

June 18, 2009, 03:24:23 PM
Reply #1

Flowpulse

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For the US.  This is for yoga instructors, but the legal avenues would not be much different.  You can protect yourself with a liability waver, but you cannot be negligent.  I think fire spinning instruction would step beyond this waver, but respectful teaching with light/foam nunchaku should not be much of a problem. Performing is a different story...

And there is another document that provides even greater protection to the studio or teacher: the liability waiver. The liability waiver goes beyond a mere disclosure of benefits and risks by asking the signer to assume legal responsibility for these risks and also to promise not to sue if an injury results. Hospitals and medical clinics have their patients sign consent forms and, in many cases, liability waiver ("exculpatory") clauses before surgery and even outpatient procedures; so, increasingly, do chiropractors, acupuncturists, and even massage therapists. But balanced against the possible legal protection a liability waiver may afford is the insertion of a written legal document into the relationship between student and yoga studio or teacher. Here's what you should know before you decide where you stand:

While informed consent is legally imperative in health care, signing a form will not prevent someone injured, angered, or offended from suing or later winning the lawsuit. Courts disallow the use of forms to avoid legal responsibility for truly negligent behavior. If an instructor, for example, has injured (or unnecessarily invaded) a student through an unnecessarily forceful (or intrusive) adjustment and the student makes a claim for negligence or battery, the form will not provide a defense.

June 18, 2009, 04:02:38 PM
Reply #2

Flowpulse

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WAIVER AND RELEASE FROM LIABILITY

In consideration of being permitted to participate with nunchaku, poi, staff spinning or any other program associated with Flowpulse, including travel to and from, in any practice, training seminar/clinic, fundraiser, and/or tournament, and related events of Flowpulse, I hereby:

1. Acknowledge and fully understand that I will be engaging in a sport that could result in a serious injury, and/or severe social and economic losses due to not my own actions, inactions or negligence, but also to the action, inaction or negligence of others, the sport of freestyle spinning, or conditions of the premises or any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time.

2. Knowing the risks involved, I assume that risk and accept personable responsibility for the damages following such an injury, and the possibility (but highly unlikely) of death or permanent disability.

3. Release, waive, and discharge and covenant not to sue Flowpulse (Ken Hill), or any of it’s affiliates, their receptive administrators, directors, agents, coaches or other employees or volunteers of the organization, other participants, their parents, guardian (s), and if applicable, owners, lessees, lessons, of premises all of whom are hereinafter referred to as “releases”, from any and all claims, demands, losses or damages on account of injury, including permanent disability and death, or damage to property caused or alleged to be caused in whole or in part by the negligence of the releases or otherwise.

4.Parents or legal guardians of minor participants (under age 18) additionally agree that they will instruct the minor participant to the above warnings and conditions and their ramifications, and that they consent to the minor's participation.

(PLEASE PRINT)  Name of Participant: _____________________________________

Signature: ______________________________________________________________

(PLEASE PRINT)  Name of Parent/Guardian:__________________________________

Signature:______________________________________________________________

Date:_________________________
« Last Edit: June 18, 2009, 04:40:59 PM by soulwire »

June 18, 2009, 04:42:23 PM
Reply #3

Yetibutt

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A general release should be sufficient protection from negligence.  It might not be sufficient protection from gross negligence.  The distinction is not very clear though, its like the distinction between stupid and really f***ing stupid.  A release will not provide any protection from an intentional infliction of injury, such as an assault and battery by deliberately striking someone with nunchaku (unless it is consensual sparring, which would not be assault and battery).

Assumption of risk is also a complete defense.  This occurs when a person knowingly exposes themselves to a clear risk of harm.  Because the nunchaku are so clearly dangerous, this defense might apply to any person injured while voluntarily participating (even just watching).  In fact, the more clearly dangerous the activity, the better the assumption of risk defense, so sparring would probably have a better assumption of risk defense than freestyle spinning.  If the activity crosses the line into illegal activity, however (i.e. fighting with hardwood nunchaku and no defensive equipment) the defense is gone.

Contributory negligence is also a partial defense in most states.  In a car accident, for example, if one person is speeding and another runs a stop sign, the person who ran the stop sign is primarily responsible, but the person speeding might have an award reduced due to their own negligent behavior.   If the negligence is 50/50, no one can recover.

Of course, it would still be expensive having to defend the lawsuit even it it is ultimately dismissed.  Insurance includes the cost of defense, which means the insurance company pays for the lawyer.
« Last Edit: June 18, 2009, 08:30:54 PM by Yetibutt »
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June 18, 2009, 08:03:39 PM
Reply #4

KungFoolin

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I have a series of waivers I would be glad to share.  They are pretty extensive and probably too long for a post.  I can get them to you as as PDF or Word Document.

You can PM me or tell me how to post them here for everyone to use.
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June 18, 2009, 09:55:27 PM
Reply #5

Flowpulse

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I have a series of waivers I would be glad to share.  They are pretty extensive and probably too long for a post.  I can get them to you as as PDF or Word Document.

You can PM me or tell me how to post them here for everyone to use.

If you email it to me, I'll put it on my website and create a link for it.  soulwire  (dot)  music [at] gmail (dot) com

June 19, 2009, 02:50:48 PM
Reply #6

Flowpulse

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I have a series of waivers I would be glad to share.  They are pretty extensive and probably too long for a post.  I can get them to you as as PDF or Word Document.

Kunfoolin, many thanks bro. I didn't realize that you had been running a martial arts school for 13 years!  I would love to ask you some questions about starting something like this up, and for you to share your knowledge of what has worked for you.  Much appreciated!

For all of you that would like to see the waivers that he has created, go to this site:

http://www.soulwire.com/nunchaku/


June 19, 2009, 03:09:55 PM
Reply #7

KungFoolin

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Kunfoolin, many thanks bro. I didn't realize that you had been running a martial arts school for 13 years!  I would love to ask you some questions about starting something like this up, and for you to share your knowledge of what has worked for you.  Much appreciated!

For all of you that would like to see the waivers that he has created, go to this site:

http://www.soulwire.com/nunchaku/



Anytime.

I wish I could take credit for creating them but I got them from someone else years ago.
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June 19, 2009, 04:42:55 PM
Reply #8

jmvicuna

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Wow!

Very good waivers! It covers a lot of topics, that I didn´t think of.

But this waivers are only necessary if you do pay classes... if it is just a "hobby" meeting, it wont be necessary, will it?

June 19, 2009, 04:45:48 PM
Reply #9

KungFoolin

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Any time you assume a leadership or organizational role you should be covered by a waiver.

A lawyer would even suggest you have your friends sign a waiver if you are practicing at your home.

No wonder people don't care for lawyers.

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June 19, 2009, 04:48:23 PM
Reply #10

Flowpulse

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*-- stickied.  This is great information.

June 24, 2009, 03:17:32 PM
Reply #11

Cyricx

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Just to warn you guys..

Waivers do NOT protect you at all. They will not hold up in a court of law. They are a scare tatic meant to imply to the individuals that they do not have the ability to sue you. They still can sue you. All it shows is an intent on their part not to want to sue you and that they believe they know what they are getting into.

However, when push comes to shove, they will get tossed aside in a court case.

Unfortunately, in the case of liability insurance. I'm not longer apart of the company that handled it, and it would only cover individuals.

With all that being said.

Your best bet is to go with waivers and do everything you can to avoid any possibilities of an injury, because waiver or not, if they decide to be an ass, they can still sue you. :(

June 24, 2009, 03:18:49 PM
Reply #12

auric18

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I wish I could even find someone that would train with me and would actualy keep going.  :roll: :2thumbsup:

June 24, 2009, 05:26:03 PM
Reply #13

KungFoolin

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Just to warn you guys..

Waivers do NOT protect you at all. They will not hold up in a court of law. They are a scare tatic meant to imply to the individuals that they do not have the ability to sue you. They still can sue you. All it shows is an intent on their part not to want to sue you and that they believe they know what they are getting into.

However, when push comes to shove, they will get tossed aside in a court case.

Unfortunately, in the case of liability insurance. I'm not longer apart of the company that handled it, and it would only cover individuals.

With all that being said.

Your best bet is to go with waivers and do everything you can to avoid any possibilities of an injury, because waiver or not, if they decide to be an ass, they can still sue you. :(

Great advice  :thumb: What a waiver will do is put the plantiff in a position of having to prove neglegance.
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June 30, 2009, 02:47:46 AM
Reply #14

Yetibutt

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The validity of waivers varies state by state, but they are effective in all states to some degree, particularly when used in conjunction with common sense and reasonable safety precautions.  They should be effective against simple negligence (ie, you drop your chucks and someone gets hit in the face).

This would be similar to a common problem of people getting hit with baseballs and bats at baseball games.  When you buy a ticket, you agree to a waiver (even though you probably didn't know it).  In addition, the risk is obvious.  People sue for this all the time, and virtually always get their case tossed out.  Only real exception is failure to maintain the batting cage thingy.

One problem is if you are in CA or NY, nunchaku are illegal and therefore a release will likely not be valid.
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