This is the waiver I have all my clients sign:
Participants involved in any activities offered by (MY COMPANY) may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the (MY COMPANY) website or in any editorial, promotional or advertising material produced and/or published by (MY COMPANY)
Initials: ________
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under direction of (MY COMPANY)
I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. Initials: ________
Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by (MY COMPANY), I, the undersigned hereby release (MY COMPANY), their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
If I am signing on behalf of a minor child, I also give full permission for any person connected with (MY COMPANY) to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered by (MY COMPANY). Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless (MY COMPANY), their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by (MY COMPANY), at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training by (MY COMPANY)
I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.
Reality is, due to some dumbass case law and the most ridiculous precedent, a lawyer and judge can and would find parts of this (and any "liability release") unenforceable, even though the client is well aware of the risk and all had been made known beforehand. Someone really, really, darned up a few years ago with the precedent case.
I pay about 1000 bucks a year for:
3,000,000 of aggregate general liability insurance
1,000,000 single claim
30,000 immediate medical
and some other smaller stuff.
Knock on wood, in 8 years of being in my field, I have never had anyone get seriously injured (sprained ankle has been the worst) and I hope to keep it that way by not being a dumbass.
I had to put the photo/video clause in there because some princess demanded to be paid for "modeling" when we shot pictures of a class and used them in our website.
EDIT: Unrelated - just had to get hole in one insurance for an event, talk about some fine print...
i.e. the front of the green and the front of the tee box must be at least 160 yards.
The tee location and pin location must be at or more than 167 yards, as measured by the lesser of GPS and laser range finders.
If the green is tiered, the pin must be on the uppermost tier.
The hole must be monitored by at least two people at all times.
The ball must be inspected after by tournament officials to ensure conforming rules.
getting money from insurance is pulling teeth.
