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We just purchased a trampoline and would like to find a waiver form that can be signed by neighborhood children wishing to use it. We live in Colorado Springs. Where can I find a release form so that we aren't held liable if someone where to get injured?
http://www.jumpskyhigh.com/LiabilityWaiver.pdf would be an example waiver, it must be signed by the parents and not the children. Change the obvious text (i.e. SKY HIGH SPORTS to your own name)
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Originally Posted by tomterm8
Sorry, but I disagree - you have posted a corporate waiver which may or may not work for a corporation but cannot be modified to cover an individual/family.
That being said - you cannot waive your legal right to sue. This is akin to having all the passengers in your auto sign a waiver that they will not sue if you're in an accident. A useless piece of paper.
I've investigated more than a few of these accidents and every time any waiver has been disallowed or just plain thrown out by the Court.
This may also rise to the level of a "Beware of Dog" sign. Would you post such a sign if you didn't think the dog had vicious propensities? Courts in NYS have and are deciding no, you would not; it's not a preventative, it's a warning. Would a waiver indicate you realized there is a risk or you realized you would not be supervising closely?
I can only address NYS, NJ, Pennsylvania, Ohio - might be different in other States but I highly doubt it. It goes back to waiving your legal rights.
There are other threads on this same subject if anyone cares to research.
I'm going to partially and slightly disagree with Judy here. I think that waiver from SkyHigh could be modified to cover your situation. But that's really a moot question since Judy is 100% right that such a waiver would carry almost no weight in a court.
If someone were injured using the trampoline, then they would sue you for negligence and they can't waive their right to do that. You would be better off contacting your insurance agent and paying for a rider to cover you for liability.
Hi, Judy, as I am English, I don't necessarily know the position in the states, in my country such a waiver would not operate on the principal of barring any legal right of action (this is not possible), but in equity on the principal of Volenti non fit injuria, that is it informs the person that there are clear and inherant risks involved in trampoline and that by agreeing to take part they agree to assume those risks.
It wouldn't protect from knowing negligance - for example, if someone knew that the trampoline was unsafe because a spring was damaged, and this wasn't clear to the participant.
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Originally Posted by tomterm8
It's different here, at least in NYS. You can't waive your rights.
The wavior is always a good idea, it may give some level of protection but not much. Even with it, they can still sue for some level of neglect.
Also even if you are not home, if someone would tresspass on your property and get hurt they can still sue you.
So I wouild do it and have them sign a one but even so, a court would expect someone there watching minor children at all times,
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Originally Posted by Fr_Chuck
And there are homeowners insurance companies now that ask about trampolines - along with swimming pools - and can refuse to write the policy or prorate it.
(Between this and breed banning underwriters must be very, very busy.)
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