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Old August 22nd, 2007, 15:46   #15
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Join Date: Oct 2005
Location: Aurora
Originally Posted by Cushak View Post
Just read through this and this got me wondering:

So the waiver informed the player that BB's will hurt. So he can't sue for BB's hurting, he signed a knowledge and consent form. (I believe that's what's being said) What if the field owner included a line in the waiver that said:

"Also note, there are many natural hazards across our fields, stag area, and pathways such as trees, falling branches or trees, thick undergrowth or plantlife which may result in a fall, or other injury, unmarked play areas (one may be shot by accident without being in a game), holes in the ground, sharp drop offs, swift moving rivers, poisionous plants, animals and insects. By signing this waiver you acknowledge the presence of these listed hazards. These hazards are left here to encourage as realistic a "play battle" as possible. Players are strongly encouraged to take it slow, and keep an eye out for potential or real hazards so as to avoid injury, or in the case of blindness use senses, or communication with other people to avoid potential, and real, hazards.. Should the player choose to disregard that suggestion, he/she does so at his/her own risk"

Would such a statement make the field owner no longer responsible for someone falling in a hole while running away? (Or other such situations?
Asking for direct legal advice on the internet is like ordering the veggie special at Carnivore's restaurant.

(great f'n restaurant by the way).

Drafting your own waiver is downright foolish, and that clause above would get you tossed out of law school if you handed it in. Electricty for electrians, plumbing for plumbers...don't play lawyer and expect it to not blow up in your face at some point.

Besides, despite what others may post, waivers are almost worthless. If you have to use one, and are too stupid/bitter/poor/unmotivated/cocky/unwise/reckless to have a lawyer draft you one, you should get one from your insurer or use one that has been drafted by a lawyer or insurer.


PS- just because you warn someone about a hazard does not mean they cannot sue you because they fall prey to it. As I think I posted elsewhere go read the Occupier's Liability Act (if you are in Ontario) and the cases on volenti, get a basic grasp on contra proferentem and then we can discuss why waivers are just peices of paper. Also read Malcolm and Waldick from the SCC, and then think about how that applies to Airsoft. Seriously.
When the elephants fight, it is bad for the grass. When the elephants make love, it is also bad for the grass.
Kenyan Proverb
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