Workshop Release Form

[brien_szabo]

I am hosting my first weekend long workshop this fall. I am looking

for proper paperwork and or wording to draw up a release form. I've

signed them for other workshops I've attended but can't locate them

to see how they were worded. Any help on this matter would be

appreciated.

[bobatkins]

Why would you need a release for nature work?

[j._scott_schrader]

I'm assuming that Brien is talking about limiting his liability for some Bozo that sets up his rig too close to the edge of the cliff and either: a) his rig gets blown off the edge, or .... b) him and his rig learn 1st hand about the laws of gravity. I would like to add to the question by asking those that do teach/lead workshops on location...what type of liability insurance do you carry? Event Insurance? (to just cover the days of the trip) or some kind of general policy that covers you 365 days per year?

[j._scott_schrader]

Actually, maybe he is talking about limiting his liability in the event that he is transporting people in a vehicle, and ends up in an accident. My understanding (I'm not a lawyer...and know very little about such matters) has been that even with the signed paperwork, you cannot sign your rights away. Basically, you can still be sued even with all of the paperwork in order. I too am laying the groundwork for leading photo tours, and I have been advised by both my business advisor and my lawyer to incorporate before leading any tours. That way in the event that anything would happen...the corporation can be sued, but assuming that you have acted as a corporation should...the corporate veil cannot be pierced to sue for your property that is personal and not owned by the corporation. Basically it protects you and your family from gold-diggers. I just last week met with my lawyer and asked him to move forward with filing the paperwork to incorporate.

[brien_szabo]

Liability is my biggest concern. And I understand that a release can be negated in court. I was advised to have one as a precaution. Worded such that the folks in the workshop understand what they are getting into (hiking, shooting in low light conditions, so visibility concerns are an issue, possibly suspect footing, etc.., etc..,) There are all sorts of things one can nit pick about. But at least with a release, you can show that your participants were aware of various factors - -they can not plead ignorance.

[bob stewart jacksonville]

Brien,

I am a lawyer. However, the precise answer to your question will turn on the jurisdiction you are in, and exactly what your doing, so I can't give you legal advice. Two general pieces of advice though: One, go to an attorney that does personal injury defense in the state where you are conducting your workshop, and pay them to craft a release for you. It may cost a few dollars, but it will be money well spent, and is a cost of doing business; Two, talk to your insurance agent, and buy the appropriate insurance. The insurance is actually more important than the release. Anyone can sue you. If there is an accident and you are sued, even if your release is ultimately upheld by a court, and you win, you will still have defense costs that will greatly exceed your revenue from the workshop. When you buy insurance you are not only getting coverage from liability, the insurance company is also agreeing to provide you with a legal defense to any covered claims at the insurance company's expense.

[bob stewart jacksonville]

One other point, incorporating is not a panacea. The above post's point that the owner of a corporation is not personally on the hook for the tort liability of the corporation is generally true. Thus if your corporation has emloyees running the workshop, you as owner of the corporation will not generally be personally liable for the negligence of the corporation's employees. However if you are running the workshop personally, you are still going to be liable for any of your own negligence, regardless of whether you incorporate.

The decision of whether to incorporate is complicated, and has tax implications. You really do need to work with your own attorney, and tax adivisors to determine if it is appropriate. It does have an advantage in limiting liabilty (not eliminating). Hwever, it is absolutely not a substitute for appropriate insurance coverage.