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Old 12-14-2009, 06:59 AM   #1 (permalink)
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Shop Liability Release Froms?

Searched and couldn't really find anything. Are any of you shop owners that are doing work (cages, chassis, etc) having your customers sign any kind of release form at all. If so, where did you find it, or do you want to share it with me? I know it won't cover my ass in a lawsuit, but it's nice to at least have the customer's signature on something saying they recognize...

Looking for something like:

I, ___________________ , release YOUR SHOP NAME from any kind of liability concerning any off-road recreational activities that I participate in. I understand that my vehicle has been modified outside of it factory intended use, and that it will now handle differently on the street as well as offroad.

Of course, it will have a lot more legal jargon and proper terminology, etc. I just want to cover my ass as much as I can as I send chassis, cages, bumpers, etc out the door.

Some say that a release form can be an admission of guilt, etc... opinions?
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Old 12-14-2009, 11:26 AM   #2 (permalink)
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All commercial lift companies send out a "notice" type of deal. You could make your own using one of those as a guide I guess. As far as legal end of shit, who knows how far someone can ram you in the backside in these days and time. Make sure that you have something set up with a LLC. That is SUPPOSED to make your liability ONLY your business assets although they can still come after your house a shit when they lawyer up but at least it is one more thing they have to pass to get there.
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Old 12-14-2009, 12:00 PM   #3 (permalink)
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get a lawyer to write it for you. in many cases exculpatory clauses and contracts are not valid and will get you no where. Make it a documented notification that there are different handling factors for lifted modified vehicles. The cages are not engineer certified designs and are intended for asthetic purposes only.
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Old 12-14-2009, 01:29 PM   #4 (permalink)
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Well, i will start to draft something up here as I go, and we can add to it and massage it until we think it's good to go.
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Old 12-14-2009, 02:24 PM   #5 (permalink)
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Yeah, I don't know if those waivers would hold up either. For example, check out this picture:

http://bitcast-ons.bitgravity.com/ga.../mcrash010.jpg

{from http://jalopnik.com/5390929/mustang-...ery/gallery/9# }

See the to posts sticking up through the bottom of the car? That's his "rollbar" main hoop mounting points.

I "heard" the guy was OK, but who knows... Whatever you make of it, that rollbar was not properly installed.
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Old 12-14-2009, 04:18 PM   #6 (permalink)
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Our attorney told us that the more times a driver signs or initials his/her name to a waiver at our race the better it will hold up in court. Havent had to try it yet, hope I dont have to either. Our mud racing body and property are both held by an LLC.

As far as cage building...what about the guys in the world of drag racing. If they have a shop build them a cage that NHRA approved for say 150 mph do they have any kind of waiver? Seems like being ran in competition that any liability would go right out the window. Might be another direction to look for advice though....
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Old 12-14-2009, 04:40 PM   #7 (permalink)
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I ain't signing nothing
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Old 12-14-2009, 06:51 PM   #8 (permalink)
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Quote:
Originally Posted by JeffHPK5 View Post
I ain't signing nothing
You will sign what I tell you to sign. You will smile while you sign, and you will pretend that you like it. If you don't sign it, I will forge your signature, after adding some addendums about little boy buns, and what not.
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Old 12-14-2009, 08:14 PM   #9 (permalink)
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I would spend the cash and have a lawyer draft it. Liability forms are pretty standard which makes them much more reasonably priced than expected. The first time your ass is on the line you will sleep much better knowing you spent a couple of hundred bucks to get a legitimate waiver drafted.
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Old 12-14-2009, 08:16 PM   #10 (permalink)
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Sounds like a plan.
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