Release of Liability Form

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hobkyl
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Hmm...ok David. I had that in there originally but took it out because I didn't think it was necessary in my situation.

Again, I would never have the intention to sue anyone for my own carelessness or act uncontrollable by man. For me its just that extra step, to get onto new land and see a new falls. Out of a dozen or so land owners I've gained permission to hike their property, only 2 have requested such a release.

Please feel free to bolster this document as you see fit.

Kelly...Ill get right on that. Ill put in a screened in gazebo too so you can enjoy that pond without being pestered by mosquitos.
“There’s an inconsequentiality to our lives that living in the wilderness shows up. Mountain are real, they set their limits, they set ours. They expose us, make us vulnerable and strong at the same time. “
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Brenda
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Yes David, I said that my situation was different. However, to clarify, he wasn't charging for any services in these situations. It was more of a good Samaritan thing. My point was that, at the time I was told that those agreements in general don't hold water. I know that none of us would ever do such a thing, but let's say that I have a signed agreement with a landowner, as above. I'm hiking and I slip and break an arm. Can I then turn around and hold the landowner liable regardless because I was granted permission?
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hobkyl
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It basically comes down to the integrity of the person. Why would you sue if you signed it? However, I agree someone out there most likely would...and if it doesnt hold up in court...then I dont think as NYFalls it should be offered...because that would most likely lead to being sued as well.

I think unless someone has the ability/desire to research this further through the legal chains maybe we should remove this post? I was simply sharing what Ive been using and for my purposes it serves well. Should I get hurt on someones land I would use my insurance to pay for my treatment. The first release I wrote was for Kashong, the owner asked for a simple note stating that I didnt hold him responsible. So in my mind since he as the owner requested it, he was legally protecting himself and I was cool with it.
“There’s an inconsequentiality to our lives that living in the wilderness shows up. Mountain are real, they set their limits, they set ours. They expose us, make us vulnerable and strong at the same time. “
--Alison Wat




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ApproachingLight
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Brenda, i do think this form with the changes is pretty complete. As a former insurance guy the only exception I can think of where you could sue a landowner is what is called an "attractive nuisance." You can look it up (http://en.wikipedia.org/wiki/Attractive_nuisance) rather than waste time here.

When you hear people say that these don't hold up in court, think it through. A parking lot ticket in tiny print on the back says they are not liable for anything; a ski ticket says it on the back of their day passes, etc. The huge difference is the normal expectation. You expect you car to be safe, the chair lift to work. In both cases the payment of money is for an expectation. Also you never signed anything. It was a forced one-way agreement that most courts will acknowledge no ever reads much less understands.

This agreement i feel is firm. It is simple, you are not paying anything to the landowner, you acknowledge dangers, the landowner has no responsibility to you that is either given OR expected. One other big difference. You are signing it. Contracts can be implied by virtue of payment, they can be verbal, and they can be written. No question a written document is the strongest, and this shows the hikers intent. Don't know how a court could reward a hiker with this for anything, less the "attractive nuisance" issue.

My two cents. Great document with time-bound change and personal property change. david
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Matt
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Is this the latest copy?
In signing this form, I __________________ , agree not to hold ____________________ liable for any bodily or personal property injury, loss, damage, or accident that I might encounter while hiking on his/her privately owned property.

I would add one more sentence that doesn't need to be in there at all but shows intent. Something like this is a nice no-garbage-leaving gesture...

Further it is my intent to leave the premises much as i found it, respecting the environment and attempting to leave no personal imprint.
And what outstanding issues should we address, aside from adding date/time?
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hobkyl
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Im good with it. Anyone else?

Funny today I received a response from one of the people I sent a request to...and their response read something like "our attorney suggests that under no conditions you or no other non resident be allowed on our property. The property is posted and trespassers will be prosecuted."

He went on to cc another land owner that I had requested permission from that lives a few miles south of himself. THANKS

A) why would you need to ask your attorney if someone should be allowed on your property? Isn't that your choice?

B) why with an offer to supply a release of liability...would an attorney care?

(I hadn't actually supplied a release yet...just made the offer to furnish one if desired)

Luckily, I did receive permission from 2 other land owners along Owasco Lake however...so all his not lost.
“There’s an inconsequentiality to our lives that living in the wilderness shows up. Mountain are real, they set their limits, they set ours. They expose us, make us vulnerable and strong at the same time. “
--Alison Wat




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Matt
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Even if you sign a waiver, it cannot absolve given rights you have under the law of the US and local governments that protect your rights.
You also are still legally entitled to any damages due to negligence and code violations on the part of the landowner. Additionally the landowner can be criminally prosecuted for such violations.
Also, even if there is an accident, expensive chopper rescue, search teams and whatnot, even with a legal waiver signed, the landowner will probably still have to hire a lawyer just for advisement, endure the emotional stress of having such an incident happen at their home or work, and insurance can and probably will increase if it is reported.
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ApproachingLight
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Yeah agree with Matt,
Attorneys don't want to have told a landowner "sure no problem," only to have some expected issue come up on the property, or have some luny judge make a crazy decision. I do think this form is solid for the landowner, but yes we all know crazy legal decisions happen. Or the perception that crazy legal decisions could happen may make a landowner say "why take the chance, I get nothing out of it. Worst case scenario I might have to hire an attorney just to defend me against an unfounded lawsuit which any reasonable judge will then just throw out."

Seems to me offering the release up front and an offer of some pictures (include your website) may overcome those concerns.Someone here on the forum calmed a barn owner who saw his barn on postcards being sold. They offered some of those cards even though he/she was totally legal to have taken the picture. Brilliance, problem gone.

Bottom line. Nothing is without risk in life. I do think this form is well done. david
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