I've recently been asked to teach people the art of Photography. It's a wonderful compliment but I'm not "ready" to take that on until I get all my ducks in a row. What are people using for having people sign "release of liability" forms? Is there any wording I should use in particular to make sure that if I'm in the midst of teaching and they fall, injure themselves, etc..that they won't sue me? Thanks a bunch.
At least in my business (I design and manufacture SCUBA equipment) any "release of liability" form means pretty much nothing. If you really want to be protected you will need to buy liability insurance. If you plan to teach in any of our national or most state parks, liability insurance is required.
We had much the same advice from our attorneys, Kate. Your students may sign the release, but that doesn't encumber their family members.
We get our liability insurance (along with equipment and E&O coverage) at what seems like very reasonable rates from the carrier affiliated with PPA. I'm aware that NANPA and WPPI also have insurance options for members, and their membership is much cheaper.
I can't and wont speak for other states, but the Alaska Supreme Court, in three different cases, has refused to enforce anticipatory releases; i.e., ones signed before any accident occurs. Some liability insurers require you to get them as a condition of issuing you in coverage. I suppose they'd do you some good there: get you the liability insurance. But otherwise, they are pretty much wasted paper.
Posted by Fred Stearns on May 17, 2010 at 11:01 AM
I always thought that the release forms weren't worth the price of the paper they were written on. I think that the primary use is to make the signer think that he/she has given a release of liability for any mis-hap and will therefore be less inclined to sue. If I ever get to that point and the insurance company requires that I get the release, I will. I will not expect it to be of any use except to maybe reduce the potential for being sued.
If I was doing workshops and wanted "coverage" in the case of accidents or stupidity, I'd take another tack.
I spent a good part of my career as a survival instructor, in which we literally put people "in harms way." We chose and controlled the conditions as much as possible, but we were still putting people in cold weather, cold water, and other wilderness settings. A liability waver was ideal fire starter and TP, but useful for little else.
We used an alternative approach which, according to the host of attorneys we dealt with, was much more useful. If I was to start teaching photo workshops, I'd use much the same approach.
I'd formalize a safety orientation, to the point of writing it down. I'd give a safety talk to each new class, just as airline flight attendants give their safety spiel. But above and beyond what the airlines do, I'd develop a check list of things in the orientation and hand that out to the students. They would be instructed to check off each item to indicate that I covered it and they understood me. Then I'd have them sign it and give it to me for my files.
You could conceivably end up defending the worth of your safety orientation in court, but the signed checklist would certainly help you prove your efforts to keep your students safe.
Discussion
5 repliesWe get our liability insurance (along with equipment and E&O coverage) at what seems like very reasonable rates from the carrier affiliated with PPA. I'm aware that NANPA and WPPI also have insurance options for members, and their membership is much cheaper.
I spent a good part of my career as a survival instructor, in which we literally put people "in harms way." We chose and controlled the conditions as much as possible, but we were still putting people in cold weather, cold water, and other wilderness settings. A liability waver was ideal fire starter and TP, but useful for little else.
We used an alternative approach which, according to the host of attorneys we dealt with, was much more useful. If I was to start teaching photo workshops, I'd use much the same approach.
I'd formalize a safety orientation, to the point of writing it down. I'd give a safety talk to each new class, just as airline flight attendants give their safety spiel. But above and beyond what the airlines do, I'd develop a check list of things in the orientation and hand that out to the students. They would be instructed to check off each item to indicate that I covered it and they understood me. Then I'd have them sign it and give it to me for my files.
You could conceivably end up defending the worth of your safety orientation in court, but the signed checklist would certainly help you prove your efforts to keep your students safe.