Hold harmless agreement

[Mstanczyc]

I belong to a metal detecting club. We carry liability insurance for property owners for our club sponsored events. I was recently informed by our insurance rep that we really should have some sort of hold harmless or liability release agreement to protect the club and its officers. This would protect us from members suing the club. Our insurance rep did not have a sample one to provide us. Does anyone out there have a hold harmless agreement for your club that you would be willing to share? Thanks.

 

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[Jason in Enid]

its really easy.
step 1, go to Google
step 2, search "hold harmless agreement template"
step 3, click on a link for the template.

 

[Terry Soloman]

This is the liability waiver I used for 15-years. It is considered to be one of the strongest in the hospitality industry. Even with this you can be sued. A person cannot sign away their right to sue - period. Do NOT count on the internet. You MUST council with a liability lawyer. I carried $1-million in Liability insurance, and that is just to pay the lawyers IF you get sued.

Arizona Gold Adventures, Inc.
White Plains, NY 10603
Trip Liability Waiver and Release

I understand that during my participation in this Arizona Gold Adventures Inc. gold prospecting expedition or day trip, I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in each Arizona Gold Adventures Inc. gold prospecting expedition or day trip and cannot be eliminated without destroying the unique character of the Expedition or day trip.

These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (“Injuries and Damages”) from exposure to the hazards of adventure travel and gold prospecting in the Arizona Desert, and Arizona Gold Adventures Inc. has not tried to contradict or minimize my understanding of these risks.

I know that Injuries and Damages can occur by natural causes or activities of other persons, animals, insects, plants, expedition leaders, assistants or third parties, either as a result of negligence, chance, or other reasons. I understand that risks of such Injuries and Damages are involved in adventure travel and gold prospecting such as Arizona Gold Adventures Inc. expeditions and day trips, and I appreciate that I have to exercise extra care for my own person and for others around me in the face of such hazards.

I further understand that on this Arizona Gold Adventures Inc. gold expedition or day trip, there may not be rescue or medical facilities or expertise necessary to deal with the Injuries and Damages to which I may be exposed.

In consideration for my acceptance as a participant on this Arizona Gold Adventures Inc. gold expedition or day trip, and the arrangements of services and amenities to be provided through Arizona Gold Adventures Inc. in connection with the Expedition / Day Trip, I confirm my understanding that:

Initial:______ I have read the conditions applicable to the Arizona Gold Adventures Inc. gold expedition or day trip being made available to me.

Initial:______ I will pay the agreed fee for the Expedition or day trip, and I have read and agree to the stated refund policy.

Initial:______ The Outing officially begins and ends at the location(s) designated by Arizona Gold Adventures Inc. The Outing does not include transit to or from that point, or to and from Arizona. I am personally responsible for all risks associated with this travel.

Initial:______ If I decide to leave early and not to complete the Expedition or day trip as planned, I assume all risks inherent in my decision to leave and waive all liability against Arizona Gold Adventures Inc. arising from that decision. Likewise, if the AGA Prospecting Instructor has concluded the Expedition or day trip, and I decide to go forward without the AGA Prospecting Instructor, I assume all risks inherent in my decision to go forward and waive all liability against Arizona Gold Adventures Inc. arising from that decision.

Initial:______ To the fullest extent allowed by law, I agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY Arizona Gold Adventures Inc., its officers, directors, employees, and AGA Prospecting Instructors from any and all liability on account of, or in any way resulting from Injuries and Damages, even if found to be accidentally caused by Arizona Gold Adventures Inc. its officers, directors, employees, and AGA Prospecting Instructors, in any way connected with this Expedition or day trip. I understand and intend that this assumption of my personal risk and my release is binding upon my heirs, executors, administrators and assigns, and includes any minors accompanying me on the Outing.

Initial:______ I further agree to HOLD HARMLESS, Arizona Gold Adventures Inc., its officers, directors, employees, and AGA Prospecting Instructors from any claims, damages, injuries or losses caused by my own negligence while a participant on the Expedition or Day trip. I understand and intend that this assumption of my personal risk and my release is binding upon my heirs, executors, administrators and assigns, and includes any minors accompanying me on the Outing.

Initial:______ This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.

Initial:______ I have read this document in its entirety and I freely and voluntarily assume all risks of such Injuries and Damages and, notwithstanding such risks, I agree to participate in the Arizona Gold Adventures Inc. Expedition or Day trip.

Your Name(s): ***********************(Print)_______________________________
_______________________________
Mailing Address: ________________________________
_________________________________
Telephone Number: ______________________________

Signature(s):____________________________ Date:____________
_____________________________Date:____________

Expedition / Day Trip Date(s):____________


If you are a minor (under age 18), your parent or legal guardian must sign this Agreement on your behalf.

I hereby agree and consent to the foregoing Agreement on behalf of the minor below.

Name of Minor: (Print)______________________________
Age:____________

Signature of Parent or Guardian:____________________________

Date:______________


Arizona Gold Adventures, Inc, 260 Church St. Suite 3B-1 - White Plains, NY 10603 (914) 589-3985

 

[Honest Samuel]

You did good, Terry.

 

[Diggin' History]

It is appalling what some people will do for money!

What would they do if they were injured on their own property, sue the person they purchased it from?

Life is a risk, so deal with it!

Nuff said!

 

[rjw4law]

You got something there "[FONT=&quot]I left the Corona Bottle Cap I found at the bottom of the hole... buried!!!?" [/FONT]there you go---better safe than sorry!

 

[Jim in Idaho]

What Terry said is gospel....you can still be sued. All the litigant needs to do is claim you were negligent. All a "hold harmless" agreement does is discourage the unknowing.
Jim

 

[Ranclauds]

A Hold Harmless Agreement is a legal agreement that states that one party will not hold another party liable for risk, often physical risk or damage. The Hold Harmless Clause can be one-way (unilateral) or two-way (reciprocal) agreements and can be signed before or after an activity takes place UPSers Login

 

[xaos]

Okay...this is a 2 part issue.

There is the club issue...as illustrated by Terry. (my only caution on this would be to have your counsel review this, as State and Local legal ramifications are very, very different between the various States/Territories, as was noted)

Now, for the second part which I do not see referenced, is for you and the property owner. This document is for the club..

The next hold harmless, which I use all the time as an individual, is what I use with the site owner, that holds them harmless of any responsibility for me working the site.
Many site owners are very happy that when they give me permission to work a site, they are held harmless if I hurt myself....(also noted by Terry) in addition, I provide the property owner with my liability insurance, in case I damage something, and my personal insurance for damages to me)

Not sure if many of you have looked into Evac insurance, but that is well worth the $10 per month.

These days, it is all about limiting liability, but also protecting each party for unanticipated costs. Ie you just dug up my water or powerline...and walk away??

You need to think, if I am on a site, and damage something, how am I protected for liability and payment?

For properties, I always call the 1.800 number for call before you dig, and ask for a design paint. This has all of the utilities respond an paint the utility lines....it costs nothing, and as it is a design paint, they get less angry at the intent. (as a design paint, it is not a 24 hour response, but a 7 day response. Now at least, you have some protection on a dig. Its FREE!

The above ref documents open many, many more doors.... protect yourself, and protect the property owner...

As a side note, as I am not representing legal advice, this is a complex issue with the different States/Territories have differing laws and liabilities, with that in mind, I will not provide any documents...sorry.

 

[Southern_Digger]

Show up with any paperwork and forget it. Paperwork leads to more paperwork and legal issues. I have had permission for years on end to search private property sites based on the following principals:
1) Show landowners respect and interest in what makes them interested in history, early architecture, preservation of land history and so forth.
2) Take time and communicate with them providing they show any interest in what might lie underground.
3) Bring a cooler of sodas, tea water and a few snacks.
4) Base permission to search on a gentleman's handshake agreement.
5) If you catch their interest in the least bit offer to share some of your non-monetary finds--items related to evidence of earlier occupant.
I have always carried a few riker specimen cases. If landowner shows signs of a historical connection to the property (i.e.: thru heritage or just interest in preserving older structures) I offer to leave
them a display of misc. items such as old buttons (common civilian varieties, knick knacks such as old utensil or two, civilian buckles -- all common items of interest but of no great value). However,
I never fill the case but recommend they hang it on the wall to show evidence of site history. Then I ask if I can return at their convenience and detect again and attempt to find other interesting
examples. I did a six-year private survey dig on an 1800's military fort site. I was going it alone for awhile, but was allowed to bring assistance as time went on. The landowners did not know of the
fort being actually on their land but knew of it being in the area. They were tickled when I proved it was and they gave me exclusive. It was kept quiet and I provided an incentive. They were slowly
placing sod along their driveway. So, I surprised them by showing up with ten squares of sod as a gift and I place it for them. Subsequently, it became a come anytime on anyday invite--even if we
are not home. So. each weekend I would buy 10 squares place it in my truck. Leave early the next day, drive the 2 hour trip, arrive at daylight, place sod then hunt the rest of the day until dark.
They occasionally saw the musket balls, the military buttons, the clay pipes, the mid-1800's bottles and the coins--but never asked for one item. On the other hand if he dug in his garden and found
any item, they would call me, state they will hold it for me & give it to me & show me where they found it so I could search around that location. It was a sweet relationship of trust. Ironically, I built
the same relationship with the developer of riverfront property on yet another mid-1800's fort site where land was gated and posted, but I was given the gate combination and permission to search
anytime. The sad part about that is I could have bought the last acreage of the fort site where I found relics not only 1-inch deep but a few items sticking out of the soil. Price was $45k for 2 1/2
acres and their were 5 acres that encompassed the south half and undisturbed wooded fort site. I could not afford it having a new mortgage and small children. The man who did buy the property
shook my hand and thanked me for not buying it. He subdivided it to 1-acre tracts and sold each acre at just under $100,000. Last I heard the county valued that property at 1 million per acre being
on a river and an exclusive project was built across the river. Last time I checked the 2 1/2 acres I wanted now has a 2-story house and is a Florida get-away for one of the Nascar drivers.

S.D.