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Disclaimer for events?
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catweasel
 


Member Since: 05 May 2006
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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 Whistle
  
Post #16826419th Jun 2007 2:01 pm
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DG
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Member Since: 12 Dec 2005
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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 Damages”) 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.

Signature : Date:
 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 

Last edited by DG on 20th Jun 2007 9:21 pm. Edited 1 time in total 
Post #16828119th Jun 2007 2:45 pm
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Bodsy
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Looks OK to me, but I'm not a legal beagle......
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Post #16828319th Jun 2007 2:48 pm
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SN
 


Member Since: 03 Jan 2006
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Looks good. I assume you copied this from somewhere else and substituted Disco3.co.uk Thumbs Up
 Steve N | 21MY Defender | 08MY Discovery 3 (history) | 06MY Discovery 3 (ancient history)   
Post #16828519th Jun 2007 2:50 pm
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AndrewS
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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 Whistle


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's
 In the Beginning there was nothing, which exploded.  
Post #16828719th Jun 2007 2:52 pm
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Very Annoyed
 


Member Since: 19 Nov 2005
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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.
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Post #16828819th Jun 2007 2:54 pm
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AndrewS
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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.  
Post #16829319th Jun 2007 2:58 pm
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Very Annoyed
 


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But they need a signature and a return address.
 Loving the power of the TDV8!  
Post #16829419th Jun 2007 3:00 pm
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DG
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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. Wink
 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  
Post #16829619th Jun 2007 3:04 pm
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Very Annoyed
 


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DG wrote:


It would still be my advice to have some liability insurance to fall back upon TBH. Wink


Agreed.
 Loving the power of the TDV8!  
Post #16830019th Jun 2007 3:07 pm
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Bodsy
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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?

How do other official 'clubs' do this?
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Post #16830519th Jun 2007 3:11 pm
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Very Annoyed
 


Member Since: 19 Nov 2005
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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!  
Post #16830719th Jun 2007 3:12 pm
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craig
 


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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.....
  
Post #16832819th Jun 2007 3:50 pm
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BarryG
 


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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.....


Agree with you Rogue .
  
Post #16833019th Jun 2007 3:54 pm
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dflo
 


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Should we also have something about liver damage? - Whistle
 "Funny, mine doesn't do that......."  
Post #16835119th Jun 2007 4:49 pm
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