Yet another waiver question..

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Yet another waiver question..

Postby Nox » Tue Mar 04, 2008 2:29 pm

Ok, I have heard concerns regarding waivers and their uses, and I would like input from educated folks who have the knowledge regading these issues please, not the 'i heards' and the ' i saw on the net' folks.

I am setting up another Sector Control game, on BLM land, no official co-ordination other than getting folks together to play in one area.
Legally, am I required (or is it suggested) that I provide waivers securing my team from recourse?

Verbage as in:
"In consideration of being permitted to participate in the Siberian Tactical Dragoons Airsoft games, I,__________ , in full recognition and appreciation of the dangers and risks inherent in such activities, do hereby waive, release, and forever discharge Siberian Tactical Dragoons, its officers, agents and employees, as well as _____________________________________________________________
From and against any and all claims, demands, action or causes of action for costs, expenses or damages to personal property or personal injury, or death, which may result from my participation in these activities. "

Plus more legal stuff I cannot wrap my brain around.
A copy for reading can be found here
To clarify, we are not an official group, organization or body - just a collection of guys playing airsoft.

My wife found and copied a blank 'Waiver of Liability and Release' form from a legal college and reworded it to cover airsoft activities.
We do have minors playing, we do have folks just showing up for a good time.
Everyone knows this place is BLM land, and all we are is 'hosting' the game in the area.
Also, when we go to the Elk lane area, which is BLM land, no-one has waivers since no-one is "officially hosting".

I know AP has waivers so since I am ignorant in this area, I just want to get my ducks in a row.

Thank you for all responses.
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Postby Pulsipher » Wed Mar 05, 2008 12:16 am

as an opinion waivers are only a scare tactic or stop-gap to deter lawsuits.
this one looks ok though
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Postby Nox » Wed Mar 05, 2008 2:40 am

Thanks for the reply Pulsipher :)
Thats I really needed to know
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Postby Attack37 » Wed Mar 05, 2008 8:26 am

Here is my understanding of what waivers provide and in essence mean. (this comes from several years with a not-for profit organization I was with that did mi-evial recreation)

Waivers are a written agreement that say that the signer understands that what they are doing could be dangerous and that they will not hold the person/people responsible for any injuries that may occur. This does not release liability for the person who may have inflicted the injury.

Waivers are just a way of ensuring that people who were not directly involved do not get taken to court over someones injury. Accidental fall and injury insurance is where the organizations normally comes under problems. If you are providing an event, on your land, and someone gets hurt....you are responsible. Down in Eugene area we have talked to the BLM office and they are aware of what we do, and have no problems. The local Sheriffs dept has also been notified. So I would believe that your location is fine and what you have should be good.

Again...this is my understanding, nothing of what I have said is quoted from any legal source that I have personally witnessed.
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Postby Nox » Wed Mar 05, 2008 11:48 am

Thanks Attack :)
I just have trouble with the line between personal property and public.
I've talked to the BLM office here, and they have no pproblems with it whatsoever, so that part is good.

I just liken it to someone taking a nature walk and tripping on a path and breaking a leg. They knowingly are walking in public BLM land, and are naturally assuming all risks thereof.
Were it private land, then thats where it would change (my opinion and supposition only)
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Postby Sunflash » Mon Apr 07, 2008 4:57 pm

This has been a major issue with me too, I am looking into using land provided by Pope Resources, which is a logging company that owns about 115,000 acres of land in the Washington, Oragon, Idaho, and British Columbian areas. They state that the land is free for public use, but I've wanted to make sure that I have the waivers all ironed out just in case.
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