I've been using this template as a base for all requests to hike on private land as of late.
Feel free to add to it, chop out the redundant parts and use it to your benefit if you require one.
This makes land owners feel warm and fuzzy when you request permission to hike on their property.
Release of Liability Form
- hobkyl
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- Matt
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This is a great idea. Mind if I move this topic to the waterfall section where I think it may get more relevant interest?
Also, when this form matures, could this be something NYFalls.com offers up officially for download?
Also, when this form matures, could this be something NYFalls.com offers up officially for download?
- hobkyl
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Yes of course, place it where you think it will best serve the members.
It's in Word; anyone and everyone is more than welcome to take it and modify it as how they see fit. If you believe a different format/dialogue would work better then by all means make the changes and re-post.
When a finalized draft is in agreement-feel free to make it a site download.
It's in Word; anyone and everyone is more than welcome to take it and modify it as how they see fit. If you believe a different format/dialogue would work better then by all means make the changes and re-post.
When a finalized draft is in agreement-feel free to make it a site download.
- Brenda
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I'm just curious...have you discussed the use of this form with an attorney? I understand that it gives landowners the warm fuzzies, but my understanding of "hold harmless agreements" is that they're really not worth much more than the paper they're printed on when it comes to lawsuits. Please correct me if I'm wrong.
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http://www.fingerlakescabins.com
- hobkyl
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I wasnt aware that more was required. Can anyone verify?
From Wisegeek.com
"A hold harmless agreement is a legally binding contract designed to release one or more parties from legal liability. In a standard agreement, one of the parties essentially agrees not to sue the other party for certain kinds of expenses, losses, or damages that may result from a particular transaction. Hold harmless agreements can be unilateral, or they can apply to both of the contracting parties.
These agreements can be treated differently in one jurisdiction than in another. Some jurisdictions maintain that a hold harmless agreement can address claims that arise between the contracting parties themselves. Alternatively, other jurisdictions have held that hold harmless agreements may only protect a contracting party from claims brought by a person or entity who isn’t a party to the agreement. In this case, the agreement ensures that one party will not attempt to sue the other party for any allegations of liability that are brought by a third party"
However, I see your point-if someone with ill intentions were to take this form and sign it yet sue anyway. In my case though, I would never sue a landowner for whom requested to access their land. However, a few owners asked me to sign such and I did. It makes them feel good-whether the form is legally binding or not I would think that would fall on the owner.
But I agree this is something that we should get a definitive answer for.
From Wisegeek.com
"A hold harmless agreement is a legally binding contract designed to release one or more parties from legal liability. In a standard agreement, one of the parties essentially agrees not to sue the other party for certain kinds of expenses, losses, or damages that may result from a particular transaction. Hold harmless agreements can be unilateral, or they can apply to both of the contracting parties.
These agreements can be treated differently in one jurisdiction than in another. Some jurisdictions maintain that a hold harmless agreement can address claims that arise between the contracting parties themselves. Alternatively, other jurisdictions have held that hold harmless agreements may only protect a contracting party from claims brought by a person or entity who isn’t a party to the agreement. In this case, the agreement ensures that one party will not attempt to sue the other party for any allegations of liability that are brought by a third party"
However, I see your point-if someone with ill intentions were to take this form and sign it yet sue anyway. In my case though, I would never sue a landowner for whom requested to access their land. However, a few owners asked me to sign such and I did. It makes them feel good-whether the form is legally binding or not I would think that would fall on the owner.
But I agree this is something that we should get a definitive answer for.
- Brenda
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I don't know if more is required. I'd just like to know definitively before we advise anyone to go this route.
My situation was a bit different. My ex-boyfriend, who was an excavation contractor plowed snow during the winter months. We were frequently asked to pull people out of ditches, and we used a standard hold harmless agreement only to find out from our attorney that it didn't mean squat (fortunately, before there was an incident). Basically, once you attach a chain/rope/whatever to another vehicle you are then responsible for anything that might happen to said vehicle. We were told at that time that hold harmless agreements in general don't stand up if there's a lawsuit.
My situation was a bit different. My ex-boyfriend, who was an excavation contractor plowed snow during the winter months. We were frequently asked to pull people out of ditches, and we used a standard hold harmless agreement only to find out from our attorney that it didn't mean squat (fortunately, before there was an incident). Basically, once you attach a chain/rope/whatever to another vehicle you are then responsible for anything that might happen to said vehicle. We were told at that time that hold harmless agreements in general don't stand up if there's a lawsuit.
Finger Lakes Mill Creek Cabins
http://www.fingerlakescabins.com
http://www.fingerlakescabins.com
- Matt
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I would probably so what I did with the Trespassing article and have it reviewed by a lawyer prior to publishing it.
- hobkyl
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Ok...feel free to remove the post if legality of it is questionable.