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Tips, Techniques, and Questions -- Technical questions or tips

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  #1  
Old 2010-04-10, 3:20pm
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Default Class Liablilty/Concent forms

I have someone who wants me to teach them how to Lampwork.

Does anyone know where I can find a simple Liablity/Concent form? I would just feel better having one...

thanks in advance!
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  #2  
Old 2010-04-11, 10:26am
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Anyone? Does anyone at least know the Type I would need to buy off a Legal site? There are so many out there...
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  #3  
Old 2010-04-11, 4:26pm
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I would be interested in what other use too! I have volunteered 3 hours of my time for a local Auction to teach the winners and guess I never really thought about this till reading this thread!
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Old 2010-04-11, 7:51pm
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Please understand that this is not a legal document per se. This is a form that I have used before, but a waiver of liability really means nothing much in a court of law, however you can try this one:


WAIVER AND RELEASE OF LIABILITY
AND ASSUMPTION OF RISK ACKNOWLEDGEMENT

By this instrument I hereby release _____________________ and _________ Studio. I recognize and acknowledge that making glass beads is a potentially dangerous activity. I understand that beadmaking may include damage to or destruction of personal property and serious physical injury. I am 18 year of age or older.

2. I am submitting this release, waiver of liability, and assumption of risk declaration voluntarily and of my own free will.

3. I have had no physical or emotional problems, nor any history thereof, which will impair my ability to participate in the event.

4. I understand and EXPRESSLY ASSUME all the dangers incident to beadmaking and hereby RELEASE ALL CLAIMS, including but not limited to, personal injury, property damage or destruction, and death, whether caused by NEGLIGENCE, breach of contract or otherwise, and whether for bodily injury, property damage or loss or otherwise, which I may ever have against Orburn Gallery or their employees, assistants, volunteers, and any other person or entity who is a participant in or promoter of this event as well as any supplier of materials and equipment employed in connection with my participation in the event;

5. I agree to assume all financial responsibility for any medical, rescue or other expenses that I may incur or may be incurred on my behalf and agree to defend, hold harmless and indemnify Ogburn Gallery and its employees, assistants, volunteers, and assigns for any loss or damage, including attorneys’ fees, that they may suffer should I or anyone else on my behalf pursue an action or claim that is waived or barred by this release or waiver or any other claim by or on behalf of me arising out of the activity to which this release relates;

6. This waiver, release and assumption of liability shall be binding upon me, my heirs, executors, and administrators.
Date:_____________________________________________ _
(Signature)_______________________________________ __
(Street Address)_____________________________________
(City, State, ZIP)____________________________________
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  #5  
Old 2010-04-12, 5:24am
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Really? If they decided to sue it means nothing that they signed that they knew and understood the risks? Not that I think it would happen... but this person is a complete stranger to me. Ya never know...

Even if I had a Lawyer draft one is it still useless?
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  #6  
Old 2010-04-12, 5:29am
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Thanks Pam! I appreciate the waiver form
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  #7  
Old 2010-04-12, 6:12am
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I would definitely take this form to your lawyer and have him look it over. Different states have different laws, but it is a place to start.

As with any liability waiver, it is only good if there is no negligence involved. Also, a person cannot sign away their right to sue you if they so desire, so legally it does little good. What I think a form like this is good for is someone who cuts their finger and wants you to pay for the care. Then you have a perfect right to refuse and they can take you to court if they believe they have a case. Almost all accidents happening anywhere are due to negligence of some sort to some degree. Citizen A didn't trim his tree and I walked under it and a branch broke off and hit me on the head. Negligence. I cut my finger on a piece of sharp glass. Why was the glass there in the first place, why was it sharp. There is a lot of risk in teaching that most people never encounter, thank heavens. Watch out for tripping hazards, hot glass, sharp glass, flying glass, dropped glass, fires, gas explosions, people passing out from heat exhaustion and falling into the flame....onto the floor.... off the chair/stool, eye damage, sensitivities to off-gassing from various oxides/silver, etc. Our art form has a lot of hazards involved that most people never take into consideration, especially beginners.
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Old 2010-04-13, 2:27pm
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Very true... sigh... people are so sue happy. I am going to sit down with her and talk about the hazards and saftey portion first before she signs... so she is fully aware.
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  #9  
Old 2010-04-13, 9:04pm
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essentially everybody has a RIGHT to sue for damages because of negligence - you cant sign away that right. so no matter what she signs, if your propane blows up for instance, cos you neglected a hole in the hose, she can sue

what you actually need if you're going to teach in personal liability insurance.
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Old 2010-04-17, 12:58pm
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I understand the Negligence factor... I just don't want her coming after me because a glass rod shocked and she got a small burn from the flying glass. Or she makes a rookie mistake and burns a finger. I am not worried about my Natural Gas line I had it professionally installed and I maintain it properly. This is one class if it becomes a habit I will get insurance.

I'm talking about what I consider a frivolus lawsuits... like the guy who sued because a Dry Cleaners sign said 100% satisfaction. He sued them for millions just because he could it's rediculous. And god forbid there are people out there like that...
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Old 2010-04-17, 7:24pm
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essentially if you do one class without insurance you take that risk - get her to sign the waiver, it cant hurt.

but think on this, no matter how carefull you are there is always the chance something out of your control will happen. if you were over here i would say not to worry to much ("she'll be right" in Aussie ) but in the litigation crazy US you might pay to be ultra careful

do you have existing insurance? when i did a lampwork demo in my shop i got my regular insurers to cover me for just that day, it cost me nothing, but i got them to send me a letter confirming coverage for just the one off demo. oh, and i had to put in the terms of a jewellery making demo with a torch, they just didnt get lampworking.

ETA - there ARE people out there that look for opportunities to sue, be careful
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