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Ski Binding liability waiver; for refusal to properly adjust and function check a binding?

post #1 of 12
Thread Starter 

Anyone have a link to this, or a PDF I can have? I am looking for a liability waiver, that will not hold me responsible, if a customer:

 

1) refuses a function test while renting a boot

2) wants to adjust their binding on their own and asks for directions

3) insists their 15-year old binding is safe to ski, while renting a boot from me.

post #2 of 12
I thought the way you fixed that was denying service?
post #3 of 12

Why are people like this?

post #4 of 12
Google your title Scott. There's a number of pdf forms.
post #5 of 12
Quote:
Originally Posted by dawgcatching View Post
 

Anyone have a link to this, or a PDF I can have? I am looking for a liability waiver, that will not hold me responsible, if a customer:

 

1) refuses a function test while renting a boot

2) wants to adjust their binding on their own and asks for directions

3) insists their 15-year old binding is safe to ski, while renting a boot from me.

 

The liability waiver that my employer uses is non specific and as such does not mention skis or boots or bindings but is more all encompassing and holds the company not at fault no matter what happens.

 

The simply solution to the above 1,2,3, is to insist that the customer complies or he does not get to rent the boots.

post #6 of 12
Thread Starter 

Yes, I can deny service. But in this particular instance, the customer wanted to adjust the binding themselves. I wanted something saying that they did indeed refuse service, refuse a function test, and that they wanted to adjust it themselves.  

 

Hoping to avoid a situation where they came back and said "hey, you gave me this ski, you told me it was safe and how to adjust it, and I broke my leg as a result; it is your fault".  

 

Or perhaps, by refusing service, I am clearing myself of any and all liability?  

post #7 of 12
Quote:
Originally Posted by lakespapa View Post
 

Why are people like this?


Have never seen it for proper function, unless this is about somebody wanting to use their beloved 18 year old Markers and knees be damned. In  which case I wish we were in someplace like France, where you're on your own and the lawyers can find other ways to make a living. In my experience it's because the standard forms don't work for some DIN's. Like racing. Or personal preference. So either we do a wink-wink about our weight or age, or we sign a separate disclaimer that acknowledges we understand we're rejecting a recommended service or action. I'll see if I can get a copy this afternoon from the shop I go to if it includes something about function and adjustment, scan it?

post #8 of 12
Thread Starter 
Quote:
Originally Posted by sibhusky View Post

I thought the way you fixed that was denying service?

 

It is my understanding that we can rent a boot without touching the binding.  There shouldn't be any liability on our part.  We haven't made any action with regards to the ski. For all we know, they used the boot as a prop in a real estate commercial for a lodge property.    

 

 

With that said, I want to avoid anyone still trying to come after us, with a "you didn't warn me...you didn't adjust it...it is your fault I am an idiot or a cheapo" scenarios.  Having them sign something up front that they rented a boot, and refused a function test, would eliminate any grey area.  Even though it is probably OK, I am trying nip any issues in the bud before they happen.  I learned my lesson last summer when we tuned an old beater of a bike in a rental house. A rider crashed on that bike 6 weeks later (got a flat tire going downhill and lost control) and he threatened to sue both the owner of the house and us.  Of course, it wasn't our fault.  Tuning a bicycle makes no mention that an aging item will not suffer structural failure at some point.  Even a new bike can get a flat tire, and if it happens at high speed and you find yourself rim on pavement, you are hitting the deck (I have scars all up my hamstring and back to prove my point).   No more than you can blame the oil change place for your tire on your car blowing out a month later.  Even if the threat of such a lawsuit is baseless, it raises the cost of doing business.  And with more concrete signature forms in place, I think I can ward off more potential issues.    

post #9 of 12

There are lots of ways to do it.

 

However to avoid being in the same position that you are trying to avoid ;), get the advice from your Lawyer and Insurance company.  This are the people that are:

 

A, Going to defend you.

B, Make the payout.

 

Not that I blame you for being careful, for the few dollars that you spend here its likely worth your piece of mind.

post #10 of 12

Last week at the shop where I work a customer wanted to just rent skis and use his boot with a worn out soul that would not provide a safe binding /boot interface. We reused to rent a ski only and he would not rent a package including boot so he left...mad. Better to loose a sale than face a lawsuit.

 

However we could have saved a sale and rented the customer a ski with a "free" rental boot included.

 

If a customer risks his safety because he is uninformed or cheap or both then the Shop has an obligation to protect the customer from himself. IMO this obligation on the Shop's part to protect the customer from himself extends also to those who are willing to knowingly take risks with unsafe equipment.

post #11 of 12

I recommend using this language from Dave Barry (http://www.miamiherald.com/living/liv-columns-blogs/dave-barry/article1939642.html):

 

"The undersigned agrees that skiing is an INSANELY DANGEROUS ACTIVITY, and that the rental personnel were just sitting around minding their OWN BUSINESS when the undersigned, who agrees that he or she is a RAVING LOON, came BARGING IN UNINVITED, waving a LOADED REVOLVER and demanding that he or she be given some rental skis for the express purpose of suffering SERIOUS INJURY OR DEATH, leaving the rental personnel with NO CHOICE but to . . . , " etc.

post #12 of 12

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EpicSki › The Barking Bear Forums › On the Snow (Skiing Forums) › Ski Gear Discussion › Ski Binding liability waiver; for refusal to properly adjust and function check a binding?