Adventure Sports Disclaimer

[galwegian44]

Can anyone tell me why some outdoor adventure companies require you to sign a disclaimer and others do not. Last year I was paintballing and was asked to sign a disclaimer while I wasn't asked to sign when doing various water adventure sports or quad biking.

I was somewhat reluctant to sign the disclaimer for the paintballing but a colleague of mine reassured us that we couldn't sign our rights away so we went ahead. Thankfully no injuries except some painful close shots and dented pride!

Anyway, what are people's opinions on this, am I ok signing such disclaimers and why do some companies require them when others don't?

Thanks in advance.

 

[hfp]

I'm not a legal expert, but as far as I am aware disclaimers don't have much value if a company has been negligent but protect the company where an injury occurs in the normal course of the activity. Eg, you're paintballing and you fall over and twist your ankle - in this case you would have no recourse to sue as this would be an accepted risk, however if your gun malfunctions and injures you, you would still be able to sue, as this would be a case of the company not maintaining its equipment and the disclaimer would not be valid, as they would have been negligent. I may stand corrected though!!

 

[peteb]

+1

 

[computerman]

My kids are in a local club, and we took them rollerskating late last year. All the kids had to have the disclamer form filled in (by a parent) before they were allowed on the rink. I was there my self and filled in my kids form on the spot.
Thirty seconds later my kid (out of 42 kids) fell backwards off the skates and banged her head.
While she was dazed for a while and unable to partake in the rest of the activities she was ok.
It was only then I considered the rights and wrongs of signing the disclaimer.
I think if a child suffered a major trauma, at the event, both the club and the skate company would be jointly liable.

 

[RoyRover]

My kids are in a local club, and we took them rollerskating late last year. All the kids had to have the disclamer form filled in (by a parent) before they were allowed on the rink. I was there my self and filled in my kids form on the spot.
Thirty seconds later my kid (out of 42 kids) fell backwards off the skates and banged her head.
While she was dazed for a while and unable to partake in the rest of the activities she was ok.
It was only then I considered the rights and wrongs of signing the disclaimer.
I think if a child suffered a major trauma, at the event, both the club and the skate company would be jointly liable.

But you don't feel, as a parent, that you have any liability for allowing your child to engage in such a perilous activity?

Where there's blame, there's a claim....