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Old 02 August 2014, 20:32   #1
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What do you give for passengers to sign before a trip?

I am just trying to write up a basic waver form for passengers to sign before our fast trips, could any one give any advice or preferably a copy of a successful one I could use for reference. Any advice on this would be greatly appreciated.
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Old 03 August 2014, 04:15   #2
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TBH I would go to something a little more official than a web forum for such critical information, RYA, Solicitor, MCA.

I don't think a Judge would take a shining view when the answer to "what due diligence did you undertake?" is, "I asked some blokes on a web forum"
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Old 03 August 2014, 04:38   #3
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With respect, if you want the 'waver' to stand up in court, get a professional to write it.
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Old 03 August 2014, 05:07   #4
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And the person signing it to have brought their legal advice with them when you thrust it under their nose!

You are insured I assume? Have they said you need a waiver? What is it they want them to waive?
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Old 03 August 2014, 05:23   #5
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This is the sort of PC Shite I go Boating to get away from!
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Old 03 August 2014, 05:30   #6
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This is the sort of PC Shite I go Boating to get away from!
He's a commercial operator Maxi - so it's a fair question, no?
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Old 03 August 2014, 05:36   #7
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He's a commercial operator Maxi - so it's a fair question, no?
For his own protection. It's a bit different to bunging a tent, a crate of beer and a few mates onboard. :-)
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Old 03 August 2014, 05:39   #8
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Ironically I suspect a court would give more credence to a waiver from a non-commercial operator! As a commercial operator (or even a non-commercial operator) he has a duty of care to his passengers/clients/customers. If operating in the UK he has responsibilities under the Health & Safety at Work Act and a disclaimer can't waive those responsibilities...

It can say that the activity has inherent dangers and that the operator will take reasonable measures to reduce those dangers but can not fully eliminate the dangers. But it will be for the court to decide if they actually did put in enough control measures. The presence of the disclaimer will make no difference. And wheeling out the disclaimer in court may be a bad thing as it is saying "we knew we hadn't eliminated all the risks but we thought we'd try and weasel out of our responsibilities"
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Old 03 August 2014, 05:40   #9
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I am just trying to write up a basic waver form for passengers to sign before our fast trips, could any one give any advice or preferably a copy of a successful one I could use for reference. Any advice on this would be greatly appreciated.
Interesting one. I'm no lawyer, but I suspect waiver or no, you'll still have a strong duty of care to your passengers. The MAIB are now showing great interest in injuries brought on by high speed driving. Would the very best waiver protect you if someone damages a vertebra at 35kts?

Of no relevance I know, but interesting anyway, is the fact that RIB rides in the Irish Republic are limited to a top speed of 25kts - effectively banning thrill rides.
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Old 03 August 2014, 05:42   #10
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....And wheeling out the disclaimer in court may be a bad thing as it is saying "we knew we hadn't eliminated all the risks but we thought we'd try and weasel out of our responsibilities"
My thoughts exactly: "We knew it was risky, but we took yer money anyway!"
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