Liability / waiver agreement or something else!

G

GREYSMEADOW

Well-Known Member
Joined
18 December 2008
Messages
845
Location
In Mid Sussex (UK)
Visit site
I have an instructor coming over to help me with my youngster and my neighbour has kindly offered the use of her outdoor school which is great but wants me to get something signed so that the instructor cannot make any claim (ie. sue, ride on these premises at your own risk) if something happens ie. falls off etc. and I must admit that I would like something signed too on my premises. Does anyone know where I can find such a template. I’m a BHS Gold member and am wondering if they have such an agreement for me to use or perhaps someone could point me in the right direction. My youngster is insured too.

Bailey's on the Rocks is on offer :o)

Many thanks.
 
GREYSMEADOW said:
I have an instructor coming over to help me with my youngster and my neighbour has kindly offered the use of her outdoor school which is great but wants me to get something signed so that the instructor cannot make any claim (ie. sue, ride on these premises at your own risk) if something happens ie. falls off etc. and I must admit that I would like something signed too on my premises. Does anyone know where I can find such a template. I’m a BHS Gold member and am wondering if they have such an agreement for me to use or perhaps someone could point me in the right direction. My youngster is insured too.

Bailey's on the Rocks is on offer :o)

Many thanks.
Click to expand...


Hmm, tricky, I'm sure you can cobble something together from somewhere, perhaps give bhs a call or look on their website... I know that some competition venues get competitors to sign a disclaimer... Something along the lines of 'if you die, it's not our fault....' But the fact remains that the document is not watertight, and people can and do claim, if it is suitable to do so, there is no such thing as a get out of jail free paperwork with regards to such liability, if you are liable you are liable... A document is false security, makes people feel protected when they aren't.
 
Firstly congratulations on exciting times working with your youngster! Can't say I blame you for being cautious in today's society (sadly, gone are the days when we jumped on anything and dealt with consequences as and when they came!). If you're a BHS gold member I would suggest telephoning their helpline. If they have a template document they will be able to point you in the right direction to access it and help you amend it to your own circumstances, if not they may be able to help you word one yourself. Also, I'd check with your insurers that your instructor will be covered (they should be but it's worth getting this confirmed as *some* companies will use any excuse to pay out should they need to! Also, if your instructor is a professional taking money for services he/she should have their own personal insurance so I would ask for a copy of this for your records (just make sure the certificate is in date!). If they are a friend doing you a favour it's slightly more complicated and in that instance I would suggest she takes out her own insurance. And finally I would check the insurance policy for your neighbour and just be sure she's covered for anything that might happen on her property (for example if the instructor falls off it's not your neighbour's fault, however, if she lands on something in the arena that shouldn't be there such as barbed wire that causes delayed recovery time she may have a case for negligence against the owner of the school - would hope that nobody WOULD have barbed wire in a school but I learned a long time ago not to assume anything!!). Sounds like a lot of double checking but at least you know all your bases are covered that way!
 
Many thanks for your comments (The Snow Queen and corbleu).

I have checked with the NFU and I have liability insurance should my youngster accidentally kick him etc. I do know there is no barbed wire in the school; it's post and rail fencing and plastic poles/fillers etc. I just want him to get him lunging better for starters as my lunging technique went a bit pear shape and he was 'in a mood' at the time (horse I mean) and then do a bit of flat work eventually. I expect my neighbours insurance is fine as she has students on her premises on a regular basis. I will ask the instructor about his own insurance and own liability insurance too, I know he does teach pony club members etc.
I have tried calling the BHS but they are closed until Wed next week. The problem is I have got the instructor coming to me from tomorrow (Saturday) so I’m on the hunt to find some sort of disclaimer today.
 
GREYSMEADOW said:
I have an instructor coming over to help me with my youngster and my neighbour has kindly offered the use of her outdoor school which is great but wants me to get something signed so that the instructor cannot make any claim (ie. sue, ride on these premises at your own risk) if something happens ie. falls off etc. and I must admit that I would like something signed too on my premises. Does anyone know where I can find such a template. I’m a BHS Gold member and am wondering if they have such an agreement for me to use or perhaps someone could point me in the right direction. My youngster is insured too.

Bailey's on the Rocks is on offer :o)

Many thanks.
Click to expand...

It would depend on the situation envisaged and what the claim would be in respect of. For what reason would the instructor sue the owner of the school?

It is not possible to exclude liability for death or personal injury resulting from negligence . As regards limiting or excluding liability for other losses arising from negligence, such limitations or exclusions have to be “reasonable”.

It would probably be sensible for all parties involved to have a contract setting out what insurance each party should have in place (e.g. public liability cover of £3m etc).

Your insurance company will be able to provide you with guidance on mitigating risk and what sort of documents / agreements you should have.
 
A waiver will not remove legal liability ,you can not sign away your rights under English law , a waiver can be used to show that a person knew than there was a inherent danger in an activity as in you could sign one and it could be used to show that that you understood that falling off is something that happens when you ride a horse but the horse owner could still be held liable for any injury if the owner could be shown to be negligent likewise is injury was caused by something like for instance an exposed membrane in the school the schools owner could still be liable even if the intructor had signed a waiver.
 
In legal terms (English law) a waiver is a doctrine by which a person can give up his legal rights (especially contractual rights) or, more rarely, give up immunities (such as privilege, or diplomatic and sovereign immunity from suit). There are various means by which a right may be waived but it's not something to try based on advice received on a forum, it's something you would need to speak to a solicitor about!
 
Hi, greysmeadow

We don't have a template for the type of document that you're looking for. As others have suggested, we would recommend that the landowner(s) and Instructor each consult their insurers.

While our offices are closed for the Christmas and New Year break, for any queries relating to insurance provided as one of our Gold membership benefits, you can also call SEIB on 01708 850000.

Happy New Year and good luck with your youngster.
 
You must log in or register to reply here.
Top