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Old 07-21-2011   #11
kclowe's Avatar
Aurora, Colorado
Paddling Since: 2000
Join Date: May 2004
Posts: 453
If it is a major concern, then just don't take people you don't know well. I'm always up for boating with new people, but I am never happy when I end up with a passenger that I don't know. As a matter of fact, I get a little annoyed when boating buddies ask me if I have room for extra passengers. You never know when something is going to happen and you have no idea how they will react. Gives me the willies!
I have people sign waivers when I'm taking out a CW trip, but I've never done it on a private trip. Not a bad idea, but again, I think I'll just not take people I don't know.
Good luck! Hope it works out.


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Old 07-21-2011   #12
earthNRG's Avatar
Snowmass, Colorado
Paddling Since: 1983
Join Date: Oct 2003
Posts: 429
Do you have passengers in your car sign waivers?

"A witty saying proves nothing."
- Voltaire (1694-1778)
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Old 07-21-2011   #13
Pugetopolis, Washington
Paddling Since: 96
Join Date: Mar 2008
Posts: 767
You're right....your waiver that you wrote up and printed off your computer at home is gonna hold a ton of weight in court....

Actually,i probably wouldn't even acknowledge ya.....as i floated by...in one of my 3 rafts......with large breasted women passing me microbrews....laughing at your home-made waiver...just sayin
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Old 07-21-2011   #14
Casper, Wyoming
Paddling Since: 1997
Join Date: Mar 2011
Posts: 22
Originally Posted by earthNRG View Post
Do you have passengers in your car sign waivers?

Good point, but then again, I have insurance that covers passengers in my car, and no one is helping me to drive either.

I apologize if my comments have come across on the dickish side. Not my intention. Only to ask the question and get people smarter than I am in such matters to think about the situation and weigh in.
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Old 07-21-2011   #15
Denver, Colorado
Join Date: Mar 2011
Posts: 98
Originally Posted by earthNRG View Post
Do you have passengers in your car sign waivers?
No, but most have insurance for said activity.

NOTHING protects you from being sued. It's just a matter of not losing in court.

Even if they are your best friend - if they were injured with you at the helm - their insurance company may sue you.

So like everything in life - do your best to not f*ck up.
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Old 07-21-2011   #16
earthNRG's Avatar
Snowmass, Colorado
Paddling Since: 1983
Join Date: Oct 2003
Posts: 429
Yeah, good point about insurance. I suppose boat captains could take out a personal liability insurance policy if they are that concerned.
"A witty saying proves nothing."
- Voltaire (1694-1778)
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Old 07-21-2011   #17
Dipshit with the most.
carvedog's Avatar
Bellevue, Idaho
Paddling Since: 1991
Join Date: May 2005
Posts: 2,497
There is no waiver on negligence. Or someone to be liable for negligent behavior.
The best you can do ( commercially) is an 'Acknowledgement of Risk' form.

To scooby if you are really doing a risk form, do yourself a favor and keep it that. I would not even broach the commercial aspect. Keep it simple: river rafting can be hazardous, flips, pins and broaches can and do happen.
In commercial applications we had to prove that everyone knew there was risk involved. In a private one you can do the same thing verbally with less proof. Unless everyone you talked to perishes and then you would be battling the heirs.

When I was headed to the MF this spring at nearly 7 feet on a trip that I mostly organized it did cross my mind. If any of the other 17 people had any doubts that we were embarking on a fairly serious endeavor, the safety talk put that to rest.

If you are BUI and wrap and kill someone with an entanglement no form will protect you from criminal and civil charges and filings. Same as if you were DUI and killed someone. Sobering thoughts for sure.

Be safe. ( Not an attorney, but had to delve into liability with a former raft company owner )
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Old 07-21-2011   #18
Golden, Colorado
Join Date: Mar 2004
Posts: 1,012
The fact is, even if it is your good friend that gets hurt, he may have no say in the matter. His insurance company and their laywer decides who to sue to recoup costs. Of course he can decide to sue you as well. Just saying that you're not even safe from your friends and family anymore because of insurance.
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Old 07-21-2011   #19
TakemetotheRiver's Avatar
Durango, Colorado
Paddling Since: 05
Join Date: Oct 2007
Posts: 1,477
I always tell my passengers on private trips that I am not liable for them and anything they don't feel comfortable doing they should not do- it's their choice and their risk. Of course, I also don't take people I don't feel comfortable taking on any river.
"There is NOTHING--absolute nothing--half so much worth doing as simply messing about in boats. Look here! If you've really nothing else on hand this morning, supposing we drop down the river together, and have a long day of it?" -Wind in the Willows
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Old 07-21-2011   #20
no tengo
mania's Avatar
Baytopia, Colorado
Paddling Since: 1876
Join Date: Oct 2003
Posts: 1,768
Originally Posted by scooby450 View Post
The thing about it is that I feel these releases do not hold up in a court of law...just ask the commercial companies
They actually do hold up in Colorado, same with the ski ticket. thanks in part to a man named Peter Rietz.

As far as your personal liability as long as you are not charging any money beyond shared costs, which would be illegal anyway, and aren't being deliberately negligent you are most likely good to go. You could draft up a waiver based on your former employers waiver and it might help if someone was a dick about falling out of your boat.

your best bet is to be poor or lower middle class and have no assets worth more than a quarter mil. most of us would qualify.

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