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Posted By Hayley McBride Hi folks,
The company I work is a charity. They are raising money this year from employees being sponsered to run a marathon. I have been asked to write a disclaimer for all participants. My knowledge is disclaimers aren't really worth the paper they are written legally. I was wondering would this be the same where the employer will benefit financially?
Any advice would be greatly appreciated.
Hayley
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Posted By CFT Hayley
Are the participants employed and running on behalf of the organisation, or is purely a voluntary thing with invited sponsorship?
CFT
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Posted By Hayley McBride The employees are running the marathon entirely voluntarily but are collecting sponsership money for the organisation.
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Posted By Raymond Rapp Hayley
Regardless of the circumstances disclaimers are not worth the paper they are printed on. The principle is that you cannot negate your legal obligations by passing the liability on to someone else.
In the circumstances you describe it is most likely that 'volenti non fit injuria' would be more applicable - ie you take the risk knowingly. It only applies to civil law/claims.
Regards
Ray
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Posted By CFT As Raymond states, do not bother with the disclaimer. This is something that takes place almost daily across the country in one various guise or another for charities and other organisations, so don't panic.
What you can do is produce a fact sheet for the individuals to complete and get them to acknowledge the requirements; these need only be quite basic; health, do's, donts, weather conditions, footwear, what is to be provided, who to pay sponsorship money to and so on and so forth, restrict it to general terminology as opposed to "you must wear such and such shoes" just say 'suitable' .
I have run, cycled, walked backwards, sat in a wheelbarrow all for charitable causes and have always had to fill in the basic form which is soooo simple, it's just not a disclaimer though.
Good luck
CFT
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Posted By Glyn Atkinson The paperwork that you need in a one off event insurance public liabilty policy for those taking part.
Also check if the parent company can extend their public liability to their workers on a charitable event - ours will at no extra cost !
More comfort against disaster for those willing to give time and donate their effort should anything arise to stop them from working as a result of any accident / incident.
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