Member Since: 05 May 2006
Location: Bundaleer
Posts: 4805
the other bit of my post was to also put some guidlines in place for organising an event and what is expected of the organiser so they know what their responsibilities would be on taking up any event.
standards must be met you know
19th Jun 2007 2:01 pm
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50978
How about this chaps....??.( a word doc version will be available if it is agreed.)
Quote:
Disco3.co.uk
Forum Events
All attendees to 4x4 events organised by DISCO3.CO.UK will be required to sign a liability release.
Acknowledgment of Member Responsibility, Express Assumption of Risk, and Release of Liability
I understand that during my participation in this Disco3.co.uk event, I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in each event and cannot be eliminated without destroying the unique character of the event. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (“Injuries and Damagesâ€) from exposure to the hazards of travel and Disco3.co.uk has not tried to contradict or minimize my understanding of these risks. I know that Injuries and Damages can occur by natural causes or activities of other persons, animals, event members, event organisers and their assistants or third parties, either as a result of negligence or because of any other reason.
I understand that risks of such Injuries and Damages are involved in off-road driving events such as those organised by Disco3.co.uk and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. I further understand that on this event there may not be rescue or medical facilities or expertise necessary to deal with the Injuries and Damages to which I may be exposed.
In consideration for my acceptance as a participant on this event, and the services and amenities to be provided by disco3.co.uk in connection with the event, I confirm my understanding that:
• I have understood any rules and conditions applicable to the event made available to me; I will pay any costs and fees for the event; and I acknowledge my participation is at the discretion of the event organiser.
• The event officially begins and ends at the location(s) designated by Disco3.co.uk.
• If I decide to leave early and not to complete the event as planned, I assume all risks inherent in my decision to leave and waive all liability against Disco3.co.uk arising from that decision. Likewise, if the organiser has concluded the event, and I decide to go forward without the organiser, I assume all risks inherent in my decision to go forward and waive all liability against Disco3.co.uk arising from that decision.
• This Agreement is intended to be as broad and inclusive as is permitted by UK law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
• To the fullest extent permitted by UK law, I agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY Disco3.co.uk, its owner, agents and event organisers from any and all liability on account of, or in any way resulting from Injuries and Damages, even if caused by negligence of Disco3.co.uk, its owner, agents and event organisers, in any way connected with this event. I further agree to HOLD HARMLESS Disco3.co.uk, its owner, agents and event organisers from any claims, damages, injuries or losses caused by my own negligence while a participant on the outing. I understand and intend that this assumption of risk and release is binding upon my heirs, executors, administrators and assigns, and includes any minors accompanying me on the event or joining the event with my consent.
• I have read this document in its entirety and I freely and voluntarily assume all risks of such Injuries and Damages and notwithstanding such risks, I agree to participate in the Event.
Clock/ SNOTM /3Flash / 4x4Info /BT Update /Service Reset/Error Codes / Gearbox Reset See It Here
19th Jun 2007 2:48 pm
SN
Member Since: 03 Jan 2006
Location: Romiley
Posts: 13710
Looks good. I assume you copied this from somewhere else and substituted Disco3.co.uk Steve N | 21MY Defender | 08MY Discovery 3 (history) | 06MY Discovery 3 (ancient history)
19th Jun 2007 2:50 pm
AndrewS Tarquin of the Desert
Member Since: 06 May 2005
Location: Y...... because I can
Posts: 10441
catweasel wrote:
the other bit of my post was to also put some guidelines in place for organising an event and what is expected of the organiser so they know what their responsibilities would be on taking up any event.
standards must be met you know
Very good point Sir. My opinion (for what its worth) is we keep the D3 events family orientated, and avoid being portrayed as some sort of crashem and bangem event. Not that there is anything wrong with crashing and banging.
I have found that proper communication between vehicles is very very important.
A brief before the event focuses everyone to be safe. Simple do's and dont'sIn the Beginning there was nothing, which exploded.
One word of caution. If these docs are to be used you need to distribute them well in advance of the event. If something untoward does happen the party could say that he hadn't enough time to read the terms properly and run them past his lawyer - being presented these on the day basically null and voids the T&C's.Loving the power of the TDV8!
19th Jun 2007 2:54 pm
AndrewS Tarquin of the Desert
Member Since: 06 May 2005
Location: Y...... because I can
Posts: 10441
Very Annoyed wrote:
One word of caution. If these docs are to be used you need to distribute them well in advance of the event. If something untoward does happen the party could say that he hadn't enough time to read the terms properly and run them past his lawyer - being presented these on the day basically null and voids the T&C's.
They could be placed in the 1st post with the info on the event.In the Beginning there was nothing, which exploded.
But they need a signature and a return address.Loving the power of the TDV8!
19th Jun 2007 3:00 pm
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50978
You can put what you want into a disclaimer....but you can still be sued.
One thing that will have a great bearing on the outcome of any subsequent case though is the level of understanding of risk that you would have held prior to signing. If it has been spelt out to a greater degree like in the above statement then sucessful action would be limited.
It would still be my advice to have some liability insurance to fall back upon TBH. 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
It would still be my advice to have some liability insurance to fall back upon TBH.
Agreed.Loving the power of the TDV8!
19th Jun 2007 3:07 pm
Bodsy Site Sponsor
Member Since: 06 Nov 2006
Location: In the Clubhouse
Posts: 21361
So how would we go about this? Would it be a group liability cover arranged by Martin that would cover all of the official D3 events? Or would it nee dto be arranged on an event by event basis.
I assume all attendees (at least those driving) would need to be signed up members?
It would be best to do it through Martin. As mentioned before speak to Mlines on RRS - I think his club has a yearly cover.Loving the power of the TDV8!
19th Jun 2007 3:12 pm
craig
Member Since: 08 Aug 2006
Location: Home of LR.
Posts: 2545
It's a shame that we have to think like this to cover our asses....
It's also the minority of people who actually organise "events", so it would be a shame if someone got cold feet on organising an event due to the legalities involved or any potential litigation.....
19th Jun 2007 3:50 pm
BarryG
Member Since: 30 Apr 2006
Location: Eire
Posts: 1333
rogue wrote:
It's a shame that we have to think like this to cover our asses....
It's also the minority of people who actually organise "events", so it would be a shame if someone got cold feet on organising an event due to the legalities involved or any potential litigation.....
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