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#1 Posted : 10 August 2007 09:40:00(UTC)
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Posted By Mark Eastbourne
Morning

Anyone see Casino Royale?

There is a scene at the beginning where Daniel Craig chases someone.

The person being chased off camera is a free runner. Free running is a physical art, in which participants attempt to pass all obstacles in their path in a smooth and fluid way while interacting with their environment using movements such as vaulting, jumping, somersaults and other acrobatic movements, creating an athletic and aesthetically pleasing way of moving.

I work in a college and we have an enrichment programme which involves introducing students to new experiences and thereby enriching their lives.

I have just been asked about the ramifications of running a free running course, i.e. paying someone from a local club with his volunteers to carry out a 9 week course which will involve instruction in a gym then perhaps at the end of the 9 weeks a visit to the beach.

Now, my fear is that it is inevitable some students will get hurt, inevitable. However, it is also a very modern enjoyable experience which I think they will get a lot out of.

The organisation who will be taking the group have provided me with an application form they give to those they teach which asks for details like name, DOB, email address and then Next of Kin!

It also asks about medical conditions, experience which is all good but it also has a section which the student must sign saying,

"I am fully aware of the nature, inherent dangers, and risks involved in the activity. I do assume full and complete responsibility for any and all losses, damages, or injuries that I might sustain or incur, while attending, participating, or traveling to and from any events or Sessions arranged by ____, it’s Clubs or affiliates. I hereby waive all claims against The _______, the Instructors, Assistants, Sponsors and any or all the Institutions or Organizations connected with or associated to The _________, for any or all injuries that I might sustain."

Does this hold any weight? Will the college be held liable if a student is injured?
What are your immediate fears? Should I allow this activity to go ahead?

Any help, mutterings, ideas, fears and castigations welcome.

Many thanks

Mark
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#2 Posted : 10 August 2007 10:04:00(UTC)
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Posted By Elizabeth Reeves
A disclaimer in a legally binding agreement does not necessarily guarantee that the terms of the disclaimer will be recognized and enforced in a legal dispute. There may be other legal considerations that render a disclaimer void either in whole or part.

For example under UK law, the validity of disclaimers is significantly limited by the Unfair Contract Terms Act 1977.The Act ensures that a business cannot use a disclaimer to exclude or restrict its liability for negligence which results in personal injury.

You must conduct a risk assessment on the activity which should include looking at training records of the trainers, first aid and emergency procedures, assessing any equipment used and mitigation processes. I would also ask the organisation for a copy of thier risk assessment.

If I was satisfied by my own assessment and thier assessment I would run the course, particularly given the disclaimer situation described above and that the activity sounds like fun.

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#3 Posted : 10 August 2007 10:28:00(UTC)
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Posted By Raymond Rapp
Why is everyone so worried about being sued? Provided some basic sensible precautions are taken then there is no reason to panic.

The risks should be made known to those who wish to participate. It is then their choice and the principle of volenti non fit injuria - you take the risk knowingly, will negate the need for any worthless disclaimer. After all, we talking about young, fit and healthy people here.

Ray
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#4 Posted : 10 August 2007 10:35:00(UTC)
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Posted By Seano
You don't ban them from doing dangerous sports as football or rugby do you?
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#5 Posted : 10 August 2007 10:49:00(UTC)
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Posted By Elizabeth Reeves
People are worried about being sued as it adversely effects employers liability insurance costs.

In addition the media love nothing better than to jump on the tiniest health and safety issue and to make out that all health and safety professionals want the population to live inside cotton wool balls!!!

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#6 Posted : 10 August 2007 10:54:00(UTC)
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Posted By Mark Eastbourne
Morning

Thank you for your responses, yours inparticular Elizabeth, great stuff. I did not know the specific legislation regarding disclaimers although I did have the impression they were not worth the paper they were written on.

As for them being fit and healthy Raymond, you obviously haven't been to Hastings!

I will take the basic precautions and endorse this activity, I am sure they will all love it and it will be very successful.

Cheers for your help!

Mark
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#7 Posted : 10 August 2007 11:08:00(UTC)
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Posted By John Donaldson
We have a Acting School where we teach stage combat and circus skills. These courses will involve the use of swords, knifes, gymnastics etc

The teaching is done by qualified instructors and the classes have good supervision ratios.

We certainly don’t have any disclaimers as, as others have said, they are not worth the paper they are written on in most cases.

Provided your activity is well supervised and you use qualified instructors, I don’t see why you should be unduly concerned.

We certainly apply the principle of volenti non fit injuria, but in saying that all our students are over the age of 18. If your students are under that age I am not sure if that principle can be used.
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